Harrison's Reports (1931)

32 AGAIN ABOUT THE COPYRIGHT LAW “We are wondering,” writes me an Iowa exhibitor, “il you have heard how many Iowa exhibitors have been caught with the copyright law. A salesman told me yesterday that sixty-five of them have been notified to appear in Des Moines on account of violation of this law. Fortunately we are not among them. “When we go to the exchanges none can talk intelligently on the subject; all that seems to be in their minds is that we must pay for holding over a film.” There is no reason why an. exhibitor should hold a film over without the consent of the distributor. The act is no different from that of a man who buys a suit of clothes, pays for a suit of clothes, and goes away from the store carrying two suits of such clothes. But Harrison’s Reports objects, as it has always objected, to the distributors’ constituting themselves courts of law and demanding that the penalty an exhibitor should pay should be what is prescribed by the copyright law — $250 for each violation. Acting as courts of law is beyond their powers and may lead to abuse. As it was stated in the isuse of February seven, on page 23, Mr. Abram F. Myers, president and general councel of Allied States, has petitioned the Senate Committee on Patents to insert two amendments in the Vestal Bill (H. R. 12549) now before Congress, one providing for the violator of the copyright law to be assessed only the provable damages, and the other for the elimination of the music tax on the seating capacity of the theatre when the owner of the copyright has exacted a fee from the producer of the picture for the right to record the sound on the film. If you have no yet done so, communicate at once with your Senator asking him to recommend to the Committee that the Myers amendments be adopted. This is what Senator C. C. Dill, a member of the Senate Committee on Patents, suggests in a letter to Mr. Myers. The amendments eliminating the seat tax particularly should have your whole-hearted support, for it means the saving of a great deal of money every year. AGAIN ABOUT THE UNRELIABILITY OF TRADE PAPER FIGURES ON GROSSES Last week I gave you a fair idea as to the unreliability of the box office receipts as printed in Variety and Motion Picture Herald. But the figures I gave you were taken only from one zone. This week I am giving you figures from other zones, of other pictures, taken at random. It was hard work to compile these figures, but there is no work too hard for me if 1 am to save you money by exposing charlatanism. Chicago CHICAGO :“Morocco,” shown at the McVicker : In the first week, Variety gives $44,400, and Herald $36,700; or $7,700 more than the Herald. In the second week, Variety gives $31,900 and Herald $27,600; or, $4,300 more. In the third week, Variety gives $25,300, and Herald $19,350 ; or $5,950 more. MIN AND BILL, shown at the Orpheum : Variety gives $4,900, and Herald $3,850; or $1,050 more. THE COHENS AND THE KELLYS, at the Palace: Variety gives $23,000, and Herald $19,950 ; or $3,050 more. BLUE ANGEL, at the Roosevelt: For three days, Variety gives $14,500, and Herald $12,130. THE CRIMINAL CODE, at the State Lake: Variety $19,000; Herald $30,075. The Herald figures are $11,075 more than those of Variety. Minneapolis BLUE ANGEL, at the Century: Variety, $11,100; Herald, $3,000. Variety’s figures are $8,100 more. CHARLEY’S AUNT, at RKO : Variety, $14,000; Herald, $18,000 — Herald gives $4,000 more. MEN ON CALL, at the Lyric: Variety, $3,200; Herald, $1,200. Baltimore THE ROYAL BED, at Keith’s: Variety, $10,000; Herald, $5,52° . SHE GOT WHAT SHE WANTED, at the Auditorium: Variety, $5,000 \Herald, $2,420. Indianapolis HER MAN, at the Indiana: Herald, $25,000; Variety, $20,000. REMOTE CONTROL, at the Loew’s Palace: Herald, $12,000; Variety, $9,000. February 21, 1931 Denver REDUCING, at the Denver Theatre: Variety, $23,200; Herald, $18,000. MOTHER’S CRY, at the Paramount: Herald, $9,200; Variety, $6,700. Washington ONCE A SINNER, at the Fox: Variety, $23,400; Herald, $20,300. THE ROYAL BED, at the RKO: Herald, $7,800; Variety, $5,500. Boston THE GANG BUSTER, at the Metropolitan: Herald, $42,000 ; Variety, $28,700. THE ROYAL FAMILY, at the Olympia: Herald, $15,500; Variety, $7,200. Kansas City BLUE ANGEL, at the Newman: Variety, $12,200; Herald, $10,625. Los Angeles MOROCCO, at the Chinese, on the Seventh week: Herald, $13,000; Variety, $12,000. SCANDAL SHEET, at the Paramount Theatre: Variety, $25,000; Herald, $23,000. HELL’S ANGELS, at the United Artists, during the second week: Variety, $10,000; Herald, $9,000. GOING WILD, at the Hollywood: Variety, $17,000; Herald, $16,500. You will notice that the difference of the figures given by the one paper from those given by the other is not small, such as for example, ten, fifteen or even one hundred dollars ; it runs up to thousands. You may ask: Which paper is right, and which wrong? Both papers are wrong. Occasionally they may get the correct figures ; but in nine out of each ten instances, they have them wrong. That the figures are wrong may be surmised by any one when he notices that the numbers printed are always “round” ; fractions of a dollar, or of one hundred dollars, are never printed, as they would be if the figures were accurate. When a bill is introduced in the legislature of your state taxing theatre receipts five per cent, or ten per cent, or even more ; or if there are introduced bills of other nature, adverse to the motion picture industry, condemn no one but the national trade papers for printing false figures about picture receipts. Your legislators are led to believe that every one connected with the motion picture industry is a millionaire, and that an industry composed only of millionaires should be taxed heavily in order that the financial difficulties of your state may be relieved. There would be some excuse for the misleading figures if there was no way for the trade papers to get the correct figures ; but since it is possible to print the correct figures, such excuse does not exist. For instance, every producer maintains a staff of accountants. Some of them engage even outside certified public accountants to go over their books. The trade papers should demand that the producers furnish them with certified statements of the box office receipts of their pictures. If the producers will refuse to furnish such statements, then the trade papers should end the practice of printing false figures. This article will not, of course, induce the trade papers to discontinue their practice — it is hard for one to reform a woman who has spent her entire life in sin ; but at least I can enlighten you of the fact that the figures of picture grosses they print are false and misleading so that you may be guided accordingly. AGAIN ABOUT PERCENTAGE One other matter that came up for discussion at the meeting of the organized exhibitors in Philadelphia recently was the exhorbitant percentage rate they were compelled to pay to Parmount for the Harold Lloyd picture, “Feet First,” and the failure it made at the box office. None of them was able to get the picture for less than forty per cent of the gross receipts for the distributor. There are few pictures that are worth more than twenty-five per cent of the gross receipts to the distributor when you take into consideration the other items of expense that are required with percentage pictures. So make it a point never to pay to the distributor forty per cent of your gross receipts. HARRISON’S REPORTS