Year book of motion pictures (1934)

use o( the adapted character sli.-ill constitute an appropriation by him of the goodwill of the creator. C Producers-Distributors Part t. Where any contract granting; the motion-picture rights in any dramatic or draniaticomusical work specifies a date prior to which no motion picture based upon such work may be publicly exhibited, it shall be deemed to be an unfair trade practice for any Producer or Distributor to permit the public exhibition of such motion picture prior to such date. Part 2. (a) Jt shall be deemed to be an unfair trade practice for any Producer or Distributor, bv any of its employees or through other persons who have a direct or indirect interest, whether financial or otherwise, in any such Producer or Distributor, to knowingly and intentionally directly or indirectly interfere with existing relations between an outside or associated Producer and a Producer or Distributor, or to do anything to alienate or entice any such outside or associated Producer away from a Producer or Distributor, or to do anything which would tend to create discord or strife between such outside or associated Producer and a Producer or Distributor, or foment dissension between them, for the purpose of inducing such outside or associated Producer to breach or attempt to breach any existing contracts between it and Producer or Distributor, or to secure a change in the terms and conditions of any existing contract between any such outside associated Producer and a Producer or Distributor. (b) To effectuate the foregoing, no Producer or Distributor shall negotiate with or make any offer for or to any such outside or assoc ated Producer at any time prior to sixty (60) days before the termination of any existing agreement between such outside or associated Producer and any other Producer or Distributor, or not prior to sixty (60) days before the date when such outside or associated Producer shall fulfill its delivery commitment to the Producer or Distributor with whom it has contractual obligations, whichever date is earlier. D. Distributors Part 1. No Distributor shall threaten or coerce or intimidate any Exhibitor to enter into any contract for the exhibition of motion pictures, or to pay higher film rentals by the commission of any overt act evidencing an intention to build or otherwise acquire a motion picture theater for operation in competition with such Exhibition, but nothing in this ARTICLE shall in any wayabridge the right of a Producer or Distributor in good faith to build or otherwise acquire a motion picture theater in any location. Part 2. No Distributor's employee shall use his position with the Distributor to interfere with the licensing of motion pictures by an Exhibitor operattng a theater in competition with a theater in which such employee may have a direct or indirect interest, provided, however, that an employee of a Distributor shall not be deemed to ha\r an interest in any theater affiliated with such Distributor. Part 3. (a) No Distributor shall substitute for any feature motion picture described in the contract therefor as that of a named star or stars, or named director or named well-known author, book, or play one of any other star or stars, director, author, book, or play, nor shall such Distributor substitute any other feature motion picture for one which in the contract therefor is designated "no substitute" ; and no Exhibitor shall be required to accept any such substitute motion picture. (b) Nothing in this ARTICLE contained shall be interpreted to prohibit any Distributor from changing the title of any motion picture contracted for, from making changes, alterations, and adaptations of any story, book, or play upon which it is based and from substituting for any such story, book, or play another story, book, or play, or from changing the director, cast, or any member thereof of any such motion picture, except as hereinabove specifically prohibited. (c) If for any such author, book, or play there is substituted another author, book, or play, notice of such substitution shall be given by a paid advertisement of not less than one quartet page in at least one issue of a national trade publication before the release date of the motion picture in which such substitution has been made. Part 4. (a) It shall be an unfair practice for any Distributer to lulls: the exhibition if its motion pictures for exhibition by any non-theatrical account contrary to any detcrmation. restriction, or limitation by a Local Grievance Hoard where such exhibition shall be determined by such Grievance Hoard provided for in this Code to be unfair to an established motion-picture theater. (b) Nothing in this PART shall be interpreted to prohibit the licensing of motion pictures for exhibition at army posts, or camps, or on board ships of the United States Navy or ships engaged in carrying passengers to foreign or domestic ports or at educational or religious institutions or at institutions housing "shut-ins", such as prisons, hospitals, orphanages, etc. Part 5. No Distributor shall require as a condition of entering into a contract for the licensing of the exhibition of feature motion pictures that the Exhibitor contract also for the licensing of the exhibition of a greater number of short subjects (excepting news reels), in proportion to the total number of short subjects required by such Exhibitor, than the proportion of the feature pictures for which a contract is negotiated bears to the total number of feature pictures required by the Exhibitor. Part 6. No Distributor shall divulge or authorize or knowingly permit to be divulged by any employee or checker any information received in the checking of the receipts of its motion pictures, except that such information may be divulged in any arbitration or grievance proceeding or litigation concerning a controversy and for any Government or Code Authority report. Part 7. No Distributor shall convey or transfer its assets for the purpose of avoiding the delivery to any Exhibitor of any feature motion picture licensed for exhibition by such Exhibitor. Part 8. No Distributor shall refuse to make a fair adjustment of the license fees for the exhibition rights of a number of pictures licensed in a group for a stated average sum per picture and so stated in the license agreement, if the total number of pictures so licensed by any Exhibitor are not delivered by such Distributor, provided such Exhibitor shall have fully and completely performed all the terms and conditions of such license on the part of the Exhibitor to be performed. Any dispute or controversy concerning any such adjustment shall be determined by a Local Grievance Board provided for in this Code. Part 9. (a) No Distributor shall require any specific day or days of the week for the exhibition of specified pictures or class of pictures unless specifically provided for in the Exhibitor's contract therefor and in no event if the license fee therefor is a fixed sum only. (b) Where under an exhibition contract which provides that the rental to be paid by the Exhibitor for any feature motion picture specified therein shall be determined in whole or in part upon a percentage basis, and that said picture shall be played by the Exhibitor upon a designated day or days of the week and the Exhibitor seeks to be relieved from the obligation to exhibit such motion picture upon such designated day or days for the reason only that the subject and character of the motion picture so designated are unsuitable for exhibition at the Exhibitor's theater on such day or days, the claim of the Exhibitor shall be determined by the Local Grievance Board provided for by this Code, and the Distributor, if such Local Board so determines, shall relieve the Exhibitor from the obligation to play the motion picture upon the day or days designated by the Distributor ; provided that the Exhibitor makes such claim within three (3) days after receipt of the notice of availability of such feature picture. In such cases the said Local Board shall proceed to determine the matter upon forty-eight (48) hours' notice if the Distributor so desires. (c) If the said Local Board shall sustain the claim of the Exhibitor : 1 (1) the Distributor shall have the right to designate for the same day or dates another motion picture licensed upon a percentage basis I