Year book of motion pictures (1951)

other National Distributors : Republic: 29 features 30 "Westerns" Monog^ram: 26 features 16 "Westerns" PRC: 20 features 16 "Westerns" 14.86 8.66 10.58 7.76 9.07 5.97 100. 100. Sub-total 137 397 Total without "Westerns" .... 33'5 100. The approximate total domestic film rental for the features listed in Finding^ 99 is as follows: Percent of Total Pox $50,300,000 18 Loew 54.700,000 20 Paramount 41.100.000 15 RKO 28,500.000 10 Warner 29,400.000 10 Columbia 19,600,000 7 United Artists .... 14.400.000 5 Unirersal 26.300,000 9 Republic 7,700,000 3 Monofram 4.600,000 2 PRC 1,900.000 1 Total $278,400,000 100 101. Continuously since its organization RKO has distributed features for independent producers. The particular independent producers whose features have been distributed by RKO have varied from time to time. In the nine seasons ending 1943-44, 19.8 per cent of the features distributed by RKO were independently produced, and 28.4 per cent of RKO's gross receipts from domestic licenses of features was derived from such independently produced features. 102. It would be financially impossible for RKO to operate its theatres on features distributed by RKO alone. 103. Twentieth Century-Fox produced less than 9 per cent of the total number of features nationally distributed in the United States during each .year between 1936-37 and 1944-45. 104. Universal has customarily produced at its studios at Universal City, California, during each theatrical year (commencing on or about September 1st) between 45 and 50 feature-length motion picture photoplays, seven so-called Westerns, four Serials, 15 two-reels subjects. 30 single-reel subjects, and 104 newsreels. 105. Said motion pictures were distributed by Universal and licensed for exhibition by motion picture theatres throughout the United States by means of a system of 31 exchanges located In various states in the United States, from the East Coast to the West Coast and from Canada to the Southern boundary. Universal also maintained a Home OfBce in the City of New York. 106. In marketing its moiion pictures, Universal's usual and customary practice was to offer to license to exhibitors, by title and description as aforesaid, its entire line of pictures, consisting of feature-length motion picture photoplays. Westerns, short-subjects (consisting: of serials and two-reel and one-reel pictures) and newsreels. In this way approximately 50 feature-length motion picture photoplays, a group of Westerns, short-subjects, two so-called "Special" photoplays, three features produced by independent producers, and newsreels. were oflered to exhibitors by Universal each year. 106(a). During recent years, in excess of 600 feature-length motion picture photoplays were released each year in the United States, exclusive of foreign-made films. Universal releases of featurelength photoplays, including Westerns and so-called Marquee pictures, during said period, equalled approximately 8 per cent of the total number of feature-leng-th photoplays released in the United States each year. 107. During the period in question. United Artists Corporation distributed between 20 to 26 pictures a year when the corporation had a good year and has handled as low as 4 in distribution in a releasing season. 108. At no time during the period in question did United Artists distribute more than 5 per cent of the feature photoplays American made and distributed in the United States of America and generally distributed less than 5 per cent of such releases. 109. That in each distribution agreement with each producer using the facilities of United Artists for distribution among other things there appears substantially the following' language: United agrees to devote its best efforts to the proper marketing and disposition of the motion pictures delivered hereunder in all the territories licensed hereunder wherein it customarily markets motion pictures, and to make such marketing as complete and eflicient as practicable, so that the ^oss returns from the marketing of the product hereunder shall be as large as possible and at the same time consistent with the sound business policy of United. United will use Its best efforts to procure prices, license fees and rentals in a fair and open market reasonably satisfactory to the Producer. Exhibition Contracts: The exhibition contracts for each of such motion pictures delivered hereunder shall be made separate and apart from the exhibition contract of any other motion picture marketed by United, with the exception that in territories other than the United States where it is customary to include more than one motion picture on a contract, the Producer authorizes United to market its product in accordance with that custom. In no ew^ent, however, shall any motion picture of the Producer be used to enforce the licensing, leasing or other disposition of any other motion picture marketed by United, and in such territory where it is the custom to include on one contract more than one motion picture United shall set out the respective license fees for each motion picture after the name of such motion picture. United agrees upon the written direction of Producer that United shall market wherever permissible the motion pictures desigTiated by the Producer or its agent as a unit, and in such case such unit shall be licensed separate and apart from any other motion picture marketed by United, with the exception that in those countries where it is the custom to market all of the motion pictures on one contract. United shall adhere to the prevailing custom. The Producer shall have the right to designate a representative for the territories hereinafter specified. The Producer shall bear all the expenses of such representative. Such representative must have an ofiBce in the central location of such territory, and if so United shall submit to such representative for his approval or rejection all proposed written contracts with exhibitors for that territory. The territories and their central location are as follows; Territory Central location United States and Canada New Tork British Isles London Australia Sydney Producer agrees that such submission shall not be necessary if made impractical by conditions beyond the control of United, such as conditions arising: out of war. If the Producer has designated such a representative for any such territory. United shall submit for his approval or rejection each proposed written contract for the distributing-, exhibiting-, or marketing of such Producer's motion pictures or any of them in the territory in which such representative is acting. No such contract shall be accepted by United if within three (3) succeedinr business days following the date on which said proposed written contract has been received 'By the Producer or its representative the Producer or its representative shall return such proposed contract to United with its rejection noted thereon or appended thereto. Should the Producer or its representative re 913