The Film Daily (1948)

•Thursday, September 30, 1948 ASCAP May Retaliate On Infringement Suits (Continued from Page 1) hand, in its proposed judgment not only asked for an injunction barring inf -ement suits, but also asked for, ^solution of ASCAP so far as it affects the motion picture industry). Second, ASCAP proposed that the Court prevent ITOA from collecting "any money judgment for damages or for attorneys' fees," though the plaintiff did admit the right of the plaintiffs to recover "their costs and disbursements herein expended." ASCAP also sought through its A FILM DAILY staff writer tried to engage Judge Vincent Leibell in conversation while both were waiting for an elevator in the U. S. Courthouse. "That's a momentous decision you handed down in the ASCAP case, Judge," said the newsman. Judge Leibell: "We do get some very interesting cases here." proposed judgment to operate outside the U. S. and its territories. Text of the judg-ment proposed by ASCAP follows: "ASCAP is hereby enjoined and restrained from, and the members of ASCAP actingin concert are hereby enjoined and restricted from asserting the rig-ht to license to or demanding a license from motion picture exhibitors -who are plaintiffs herein, for the right of pubUc performance for profit of musical compositions of members of ASCAP synchronized -n-ith motion picture films by means of the exhibition of motion picture fi-lms in a motion picture theater. "ASCAP and its members are enjoined and restrained from conspiring -with motion picture producers for the purpose of including a clause in contracts issued by producers to exhibitors directly or indirectly requiring exhibitors to obtain a license from ASCAP as a condition to the exhibition of the licensed pictures. "Nothing contained in this judgment shall be construed as having any effect -with respect to operations or activities of any defendant which relate exclusively to acts and operations outside the United States and its territories and are not violative of the Anti-Trust La-ws of Tlie United States, nor shall this judgment have any efieet -with respect to operations and a,ctivities -within the United States and i,ts territories relating exclusively to acts and operations outside of the United States and its territories not violative of the Anti-Trust Laws in force at the time of such operations or activities. "Nothing contained in this judgment shall be construed as Umiting the right of ASCAP or Its members to license the right of public performance for profit through the exhibition of motion picture films in places other than the United States or its territories, of musical compositions synchronized -with motion picture films. "Nothing contained in this judgment shall be construed as limiting the right of ASCAP or its members to acquire and Ucense the right of public performance for profit through the exhibition of motion picture films, of musical compositions synchronized with motion picture films produced and made outside the United States and its territories. "Plaintiffs are not entitled to recover against the defendants any money judgment for damages or for attorneys' fees and the complaint of the plaintiffs in so far as it alleges and asserts a claim for damages and for the payment of attorneys' fees is hereby di.imissed on the merits. "The plaintiffs collectively shall recover from the defendant their costs and disbursements herein expended, the same to be taxed by the clerk of this Court and plaintiffs shall have execution therefor." The ITOA-ASCAP case came up for trial before Judge Leibell on March 4. The Court filed its opinion, findings of fact and conclusions of law on July 1.0. The contesting parties will come up before Judge Leibell for bis decree on Oct. 6. IHEl •^ DAILY REUJ POSTS HARRY GOSSEY, from assistant shipper to booking dept., Warners exchange, Charlotte, N. C. TOM DAVIS, from short subject booker to feature booker, Warners exchange, Chorlotte. HAROLD BOYD, manager, Hollywood, Sioux Falls, S. D. JAMES FLAHERTY, United Artists salesman, Minneapolis. JOHN COLWELL, SR., operator, Broadway-Capitol, Detroit. CONRAD SMITH, former editor of "Actors' Cues," to creative writing staff. Jam Handy Organization, Detroit. SAM GREISMAN, former supervisor of Midwest Circuit, Detroit, to manager of Times Square Theater. BORIS BERNARDI, returned to old post as general manager of Midwest Circuit, Detroit. F. A. HAYES, temporary manager. Mars, Ottawa, III. Elmer Bills Elected President of KMTA (Continued from Page 1) R. R. Biechele, Homer Strowig, Glen Cald-well, Glen Hall, Virgil Harbison, Gordon Holliday, Jay Means, Frank Weary, J. E. Pennington, all independent operators; Frank Plumlee, Griffith Circuit; E. C. Rhoden, Fox Mid-west; Clarence Schultz, Commonwealth. Under a new setup President Bills also was named National TOA director. Biechele was named alternate. The final afternoon closed sessions were taken up with roundtable discussions. The final banquet was held last night. Rathvon's RKO Common Holdings Down to 14,200 (Continued from Page U month prior to Aug. 10 in three blocks. As of Sept. 10 Rathvon was left with 14,200 shares. SEC also reported Herbert J. Yates dropping his 900 shares of dollar cumulative preferred in Republic during the month ended Aug. 10 — ^but retaining 73,687 shares of 50 cent common and $25,000 worth of four per cent cumulative income debentures. Daniel Sheaffer dropped some 2,940 shares of Universal Coimmon during the period ending Sept. 10, retaining 2,367, while Preston Davie dropped 1,800 and retained 3,409. Albert Warner was reported acquiring another 700 shares of Warner $5 common, to hold 435,200 shares and 21,000 in a trust. R. B. LaiTje was reported dropping half his 200 shares of capital stock in General Precision Equipment. Rayon Transforms Frozen Lira into $$ for Distribs. (Continued from Page 1) had accumulated to the credit of the U. S. distribs. in Italian rayon fibre which was exported and sold for dollars. It is understood that 40,000,000 lira additionally will be so utilized before the end of the year. UNITED AIR LINES New Commuter-Ticket Plan SAVES YOU 15% United now enables you to obtain a 15% savings by means of a new Commuter -Ticket Plan* which is exempt from the 15% Federal Tax on public transportation. You can effect this savings by making at least two round trips or four one-way trips within 30 days between the same two of any of the 80 cities on United's Main Line Airway. Tickets are non-transferable, and are issued to individuals only. Being exempt from the 15% transportation tax, United's CommuterTicket Plan is an additional economy. This is over and above what you save with United's 5% round trip discount and removal of premium fares. For example, if you make the equivalent of two round trips monthly between New York and Chicago, you save an additional $25.14. . . between Los Angeles and San Francisco, an additional $12.00 . . . between New York and Los Angeles, an additional $89.97. * United is filing this Commufer-Ticket Plan with the Civil Aeronautics Board to become effective, subject to its approval, on October 15, 1948 Your best dollar buy is when you fly UNITED AIR LIMES Phone or write United today for additional information.