Harrison's Reports (1932)

160 HARRISON’S REPORTS order to save the company, was compelled to sell his own stock short, as it was disclosed at the recent hearing of the Senate Conunittee on Banking and Currency ; Harry was accused of having acted like the jockey who bet against his own horse when he knew that there was no chance for it to win. Universal (either 33 or 39 Pictures) Universal is offering twenty-six feature pictures, six Tom Mix westerns, six Junior Beery westerns, and “The Road Back.” There is little likelihood, however, that it will make the Noah Beery, Jr.’s, for the reason that there are too many westerns in the market. If it should abandon production of them, then the total number it will release will be thirty-three. Most of the twenty-six features will be founded on books, plays or magazine stories. The following is an appraisal of these pictures : “The Invisible Man,” the novel by H. G. Wells : This material is altogether unsuitable for a talking picture. But Junior Laemmle told me that the final story will have little resemblance to the H. G. Wells novel; only the idea of the book and the title will be used, he said. Since I haven’t the treatment before me, I cannot say whether his final eft'orts will be successful or not. You will have to use your own judgment in this instance. “Counselor At Law,” the play by Elmer Rice : Very good dramatic material. “The Left Bank,” the play by Elmer Rice : Not so hot, though it has some possibilities if Universal should make the love of the mother for her child the basis of the story rather than the influence Paris e.xerts upon intellectual Americans. “Once in a Lifetime,” the play by George Kaufman and Moss Hart : Good comedy. The picture has already been produced ; it was reviewed in the September 10 issue. “S. S. San Pedro,” tlie novel by James Gould Couzens : This is the story of the sinking of the Vestris, fictionized. Though the book holds the reader in tense suspense, it has no love affair ; Universal will be compelled, therefore, to work in one. For this reason, the outcome w’ill depend on the treatment the author will give it. You will have to use your own judgment also in this instance. “The Old Dark House,” the novel by J. B. Priestly : Good horror material. “The Prison Doctor,” the novel by Dr. Louis Berg : Good possibilities, provided Universal strips the action of its implications about degeneracy and makes the humanity of the doctor stand out. “Glamour,” the Cosmopolitan Magazine story, by Edna Ferber ; Tiresome material. “Laughing Boy,” the novel by Oliver La Farge : Putrid. “Suicide Club,” the novel by Robert Louis Stevenson: Suspensive but unpleasant horror material. “Afraid to Talk,” the play “Merry-Go-Round,” by Albert Maltz and George Sklar : Powerful material but not pleasant, in that the young hero and his wife, decent people, are shown persecuted by the politicians. In the play, the boy is hanged by the politicians in their effort to hide the murder they had committed ; in the picture Universal has, as I understand, changed this and let the boy live. This is an improvement. “The Road Back,” the novel by Erich Maria Remarque, author of “All Quiet on the Western Front”: Very good material. This will be produced as a road show picture and will be sold separately. Consequently, its quality should not be taken into consideration by an exhibitor in making up his mind how much the Universal product is w’orth to him, unless he ties it up with the other Universal pictures. The number of books, plays, or magazine stories offered by this company on the regular contract are eleven. Of these, five are good or excellent, and six, fair, poor, or putrid. Important Contract Provisions Tlie Play-Date determination clause does not give the right to the exhibitor to designate play-dates in case Universal failed to set them. The substitution clause provides for submitting to arbitration any controversy arising between the exhibitor and Univer.sal in case the exhibitor felt that the substitution is not of equal merit with that of the original picture. The arbitration provision provides that, in addition to the box office merit of the picture, the arbitrators shall take into consideration also the suitability of the story for the exhibitor’s theatre. The road show clause provides for the roadshowing of October 1, 1932 a maximum number of four pictures, but for excepting and excluding only two. This paper has felt that excepting and excluding pictures from tfie contract is unfair in tiiat the exhibitor, m making up his mind to buy a particular company’s product, is influenced by what is on the contract, l-or him to lose, then, his right to two pictures that turned out good is, in my opinion, unfair, in spite of the fact that the clause grants to the exhibitor the right to reject one other picture for every picture the distributor excepts and excludes. The contracts of First National, Fox, Paramount, and Warner Bros, do not except and exclude any roadshow pictures; those of Columbia and MGM except and exclude them. It will be up to each one of you to insist that no roadshowed picture be excepted and excluded, no matter whose contract you sign. The twelfth clause provides that in case any pictures have not been released by August 31, 1933, Universal shall deliver them just the same if it produces them afterwards, provided the exhibitor sends a written notice not later than September 30, 1933, that he wants them. In case such pictures are not produced and released by August 31, 1935, then the exhibitor loses all rights to them. This is a fairer clause than that contained in the contract of any other distributor. ACCEPTANCE OF APPLICATION (Thirteenth Clause) : This clause provides that the exhibitor is bound for ten days, plus the mailing time both ways, from the day he signs an application. Suppose, for example, that such exhibitor is in the Dallas territory ; since a letter takes three days to reach Dallas, twice the mailing time is six days. This, added to the ten days, makes sixteen days in all. During this time, the exhibitor cannot telegraph or write to the exchange cancelling his application. But unless Universal approves the application within these sixteen days, then such application is considered automatically cancelled. To avoid any controversy as to what constitutes the exact mailing time, you should insert the number of days in the contract. A clause such as the following may be appropriate : “It is understood and agreed by both parties that (insert here the number of days) days constitutes the mailing time both ways.” On the schedule there is a space for inserting the admission prices that shall be charged. My advice to you in this instance is the same as that given to you in the analysis of similar provisions in the contracts of all other distributors— do not allow the distributor to insert admission prices other than ten cents ; otherwise you may get into trouble in case you should be compelled to charge lower prices so as to fight for your existence. Warner Brothers (30 Pictures) Warner Bros, are selling thirty pictures this season. Of these only three are to be founded on novels or stage plays : “Blessed Event,” “I’m a Fugitive,” and “A Successful Calamity.” The following is an opinion as to their possible quality : "Blessed Event,” the play by Manuel Self and Forrest Wilson : Good ! It has already been produced ; it was reviewed in the September 3 issue. "I’m a Fugitive,” based on the Robert E. Burns’ biography "I’m a Fugitive From a George Chain Gang” : Poor material for a picture. "A Successful Calamity,” the play by Claire Kummer. with George Arliss : A charming picture. It was reviewed in the September 3 issue. The contract describes “Revolt,” one of the Junior Douglas F'airbanks pictures, as follows: “Based on the popular novel by Mary McCall, Jr.” But the book has not yet been published ; therefore it cannot be "popular.” Another Fairbanks picture described is as follows : “Some Call It Love,” based on the well-known story by Rian James. I have not been able to find out anything about it ; therefore it could not be “well-known.” Important Contract Provisions Since the Warner Bros, contract is exactly the same as the First National, what was said of the F'irst National contract in the September 10 issue applies also to the Warner Bros, contract. World Wide (30 Pictures) World M’ide is offering to the exhibitors twenty-nine pictures. Of these, eighteen are Tiffany, or, to be exact, KBS Tiffany (eight Ken Maynards and ten regular features). {Concluded inside on page 159)