The Film Daily (1933)

THE -cW& DAILY Tuesday, April 11, 1933 ANALYSIS of the new STANDARD EXHIBITION CONTRACT — By LOUIS NIZEB = (Continued) Paragraph 2(h) DAMAGES— FAILURE TO DELH ER 1. Breach bv Distributor If the distributor fails to deliver a photoplay or wilfully violates protection or run, or delivers a print not in condition for exhibition, it shall pay damages as below specified. 2. Breach bv Exhibitor If exhibitor fails or refuses to exhibit a photoplay, it shall pay damages as below specified, ■i. Damages If either the exhibitor or distributor shall have breached the contract and the damage done cannot be definitely computed, it shall pay as liquidated damages the flat rental specified for the picture concerning which the breach occurred. If the rental is to be determined in whole or in part on a percentage basis, the damages shall be computed as explained in Par. 3rd (c) dealing with liquidated damages on percentage bookings. I. Pictures Excluded Neither the distributor nor exhibitor shall be liable for refusal to deliver or exhibit photoplays eliminated under the OPTION TO EXCLUDE clause (Par. 15th) or the FAILURE TO RELEASE clause (Par. 17th). It is also to be noted that in the case of a violation of protection or run, liquidated damages do not apply to the distributor unless the breach was wilful. ">. Notice of Damaged Print by Exhibitor The exhibitor may not make a claim with reference to the bad condition of a print unless it shall have given notice of such claim to the distributor's exchange by telephone or telegraph, or in person, immediately after the first public exhibition and in addition thereto send written confirmation on the same day to the distributor's exchange. Even in such a case the distributor may defend itself and endeavor to prove that the print was sent in good condition. The exhibitor's claim is completely waived, however, unless it has complied with these conditions. (To Be Continued) Construction Revival Independent theater construction activities are beginning to show some revival in and around New York. Springer & Cocalis plan a house on East 187th St.. in opposition to the Lee A. Ochs circuit. At Far Rockaway. Haring Or Blumenthal have broken ground for a house in competition with RKO. WORDS and WISDOM "We are finding business bv going after it."— HERSCHEL STUART. "Screen stories from now on will lean more toward subjects of serious import and the next cycle of pictures will feature commonplace subject matter instead of sex." — GREGORY LA CAVA. "We are not going to resignedly wait for prosperity's return at some vague and distant date, but by means of good product and the most aggressive kind of action we are going to force an immediate upturn in the industrv. "— MAJOR ALBERT WARNER. It's been a good life. And there's plenty more of it." — I)E WOLF HOPPER. "The song writing business is flatter than a glass of yesterday's nearbeer, and only the return of musical films can pull it out of the doldrums."—J. J. ROBBINS. "I've looked about earnestly for the Hollywood wildness I've read so much about; to date the wildest thing I've found is an anagram bee with a couple of cocktails just before dinner."— ELISSA LANDI. "All the good things we did in the past are merely history. What counts at the moment is what are you going to accomplish now?" — A. J. MERTZ. "Let us believe that the wheels are beginning to grind slowly . . . that the pedulum is beginning to swing in the right direction . . . and that what we most need is a Big Push to keep it swinging." — HAROLD B. FRANKLIN. Morton Downev in "The Holdup" with Joe Young Universal 20 mins. Enjoyable A Rowland-Brice production, with the song writer, Joe Young, and DoRe-Mi, Freddie Martin's orchestra, John C. Young, the radio announcer, and other entertainers augmenting the contributions of the star, Morton Downey. The song and musical specialties, all enjoyable, are given a story background through the medium of a party being staged by John C. Young in his apartment. Downey, as a practical joke, decides to pose as a "party bandit" and hold up the guests, but the real robber arrives on the scene ahead of him, and the resulting mixup provides a few laughs. Short Shots From Eastern Studios By "C. A." "THE internationally famed Guatamalean Marimba Band has been signed by Sam Sax, production head of the Brooklyn Vitaphone studio. A scenario is now being prepared for the short subject in which they will appear, and filming is scheduled to begin the latter part of the week. "Michael the Fist," which Johnnie Walker has just completed for Billy La Hiff, is the first of a series of shorts to be made in the East. Picture stars and is about Mike Romanoff. "Mister Broadway," which Walker produced for Broadway-Hollywood, Ltd., is now being cut and will be readv within two weeks. girls selected from among approximately 450 interviewed, will be seen in all forthcoming Vitaphone musical films. They are Suzanne Kaaren, Rosalind Shaw, Vidda Manuel, Fay Lytell, Carol Renwick, Helen Taylor, Ruth Cunliffe, Helen Marano, Guy Hoff, Doris Alberta, Ida Shelly, Helen Dell, and Hazel Nevin. The Vitaphone Beauty Chorus has already made its movie bow in "20,000 Cheers for the Chain Gang." Fourteen of what are probably the country's most envied chorus girls, in point of duration of employment and professional reputation, have been placed under contract by Vitaphone. Known as the Vitaphone Beauty Chorus, the 14 Installation of the wide range film recording and reproducing has been completed at the Eastern Service studio in the Bronx. Installation of Hill & Dale high quality disc equipment also is being made. "Aloha Oe" (Max Fleischer Screen Song) Paramount 7 mins. Enjoyable Novelty With the Royal Samoans furnishing soft instrumental music, together with a tropical dance by a feminine number of the troupe, and Fleischer's art staff supplying comic interludes, this subject serves its purpose nicely. For introduction there are a lot of amusing antics by jungle animals to celebrate the marriage of a couple of monkey pals. Then comes the Samoans, the singing to the accompaniment of the dancing ball, and the cartoon finish. RKO "The Last Mail" (Aesop Fable) Fair 6 mins. Script has been completed for the third of the series of shorts featuring Lou Sobol, to be produced by the William Rowland-Monte Brice Productions. It is scheduled to start next Friday at the Eastern Service studio. ALLIED PICTURES STARTING 4 West Coast Bureau of THE FILM DAILY Hollywood — Four pictures are being prepared for production this month by Allied Pictures Corp., it is announced by M. H. Hoffman, Jr., vice-president and general manager. They are "Cheaters," "Open for Inspection," "The Scarlet Virgin" and "Boots of Destiny." NOVARRO IN CAT AND FIDDLE' West Coast Bureau of THE FILM DAILY Hollywood — Ramon Novarro will appear in "The Cat and the Fiddle" for M-G-M upon his return from abroad. He was scheduled to resume working in "Laughing Boy," which is now scheduled to follow the former film. Cubby the Bear, as a mailman driving his sled up in the frozen north, is waylaid by a fiei'ce wolf, who steals Cubby's mailbag and his girl companion with a boop-a-doop voice. But the eagle, emblematic of Uncle Sam's domain, comes to his rescue, carries him to the wolf's lair, where Cubby effects the rescue of mail and female. HARRY POLLARD REJOINS "U" Harry Pollard has rejoined Universal to direct "Good Red Bricks," based on a novel by Mary Synon. SON FOR LOUISE FAZENDA West Coast Bureau of THE FILM PAIL)' Hollywood — Louise Fazenda (Mrs. Hal Wallis) yesterday gave birth to a boy. "On the Mission Trail" (California's Picture Book) Interworld Prods. 10 mins. Charming Color Scenic Photographed in Magnacolor, this collection of scenes along the Mission trail of California makes a very pleasant addition to any program. There is a special beauty and charm in the spots shown which include picturesque valleys, mountains and the sea, and a not too obtrusive commentator tells the historical highlights of the localities. Front-Page Bouquet Tulsa. Okla. — When the Ritz, one of the Ralph Talbot theater group of which J. C. Hunter is general manager, opened its engagement of "Gabriel Over the White House," the "Tulsa Tribune" ran a front-page editorial praising the film industry for turning out such a picture.