The film daily year book of motion pictures (1935)

c) Premature Advertising. (Article V, E, Part 5) There were 200 premature advertising complaints filed before local Grievance Boards. This represents 19 per cent of the total number of complaints filed before such Boards. In 151 of these cases, there was an award in favor of the complainant. Twenty-six (26) of these complaints were withdrawn. In almost all of these cases, the withdrawals were due to a concession by the respondent that the Code had been violated and a promise not to repeat such violation. Adding therefore, the cases withdrawn to the cases in which awards were rendered for the plaintiff, it is found that in 88 per cent of the complaints filed, relief was granted to the complainants. In 13 cases, or 12 per cent of the complaints filed, there were dismissals. APPEALS Sixteen (16) appeals to the Code Authority were taken from local Grievance Board awards on the subject of premature advertising. This means that 8 per cent of the premature advertising cases tried were appealed. Six (6) of these appeals have been decided. In 4 representing approximately 67 per cent of the appeals taken, the local Grievance Boards were affirmed. In 2, representing 33 per cent of the appeals taken, the local Grievance Board was reversed. To determine whether the affirmances or reversals were in favor of relief or opposed to it, the following is submitted: Of the 6 appeals, 5 were from awards for the complainants. Three (3) of these appeals were affirmed. In other words, in 60 per cent of the appeals from awards granting relief, the Code Authority affirmed the Boards' decisions. In 2 cases, or 40 per cent of the appeals taken, the Code Authority reversed the lower Board which had decided for the complainant. One (1) appeal was taken from an award in favor of the respondent. The Code Authority affirmed the local Grievance Board and dismissed the complaint. d) Rebates. (Article V, E, Part 3) There were 548 complaints filed involving rebates in the form of lotteries, prizes, reduced script books, coupons, throw-away tickets, twofor-one admissions, or other devices, or involving the failure of an exhibitor to maintain the minimum admisison price specified in his contract with the distributor. These complaints represented 52 per cent of the total number of complaints filed before Grievance Boards. Three hundred sixty (360) of these complaints were determined in favor of the complainants. Eighty-six (86) complaints were withdrawn before or during trial. It is assumed that these withdrawals were in almost every instance, due to a concession by the respondent of a violation of the Code Section. By adding the number of withdrawals to the cases in which awards were rendered in favor of complainants, it is found that there were approximately 446 cases in which the complainants received relief. This represents 82 per cent of the total number of these cases tried. In 95 cases, or 18 per cent, the complaints were dismissed. APPEALS Eighty-seven (87) appeals were taken from the awards of the local Grievance Boards. This means that appeals were taken to the Code Authority in 16 per cent of these cases. Fiftyfive (55) appeals were decided. Of these, 52, or 94 per cent affirmed the local Grievance Boards. Three (3) appeals resulted in reversals. To determine whether the affirmances or reversals were in favor of or opposed to relief granted, the following facts are submitted: Forty-six (46) appeals were taken from awards which granted relief to the complainants. Of this number, 44 or approximately 95 per cent of the appeals resulted in affirmances. Two (2) of the appeals, or 5 per cent, resulted in reversals, and the complaints upon which relief had been granted were dismissed. Nine (9) appeals were taken from awards which dismissed complaints. In 8, representing 88 per cent of these appeals, there were affirmances. One (1) appeal resulted in a reversal. In oti.er words, in 12 per cent of the appeals taken from dismissals, the Code Authority reversed and granted relief. e) Non-Theatrical Accounts. (Article V, D, Part 4) There were 45 complaints filed before local Grievance Boards against non-theatrical accounts. In 24 of these cases there was an award in favor of the complaint. Eleven (11) of these cases were withdrawn. Assuming that the cases withdrawn were settlements in which the complainant received relief, they may be added to the awards in favor of the complainants. On this basis, relief was granted to complainants in 78 per cent of claims filed. In 22 per cent of the cases, the complaints were found to be baseless and were dismissed. APPEALS In 14 cases, or 31 per cent of the total number of claims filed, on the subject of nontheatrical accounts, appeals were taken to the Code Authority. Eight (8) appeals were de