Harrison's Reports (1948)

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IN TWO SECTIONS— SECTION ONE Sintered as seuond-alass matter January 4, 1921, at the post office at New York, New York, under the act of March 3, 1879. Harrison's Reports Yearly Subscription Rates: 1270 AVENUE OF THE AMERICAS Published Weekly by United States $15.00 (Formerly Sixth Avenue) Harrison's Reports, Inc.. U. S. Insular Possessions. 16.50 v , M v Publisher Canada 16.50 Wew Iorl£ n' »• p. S. HARRISON, Editor Mexico, Cuba, Spain 16.50 A Motion Picture Reviewing Service Great Britain 15.75 Devoted Chiefly to the Interests of the Exhibitors Established July 1, 1919 Australia, New Zealand, India, Europe, Asia .... 17.50 Jtg Editorial p0iicy: No Problem Too Big for Its Editorial Circle 7-4622 35c a Copy . Columns, if It is to Benefit the Exhibitor. A REVIEWING SERVICE FREE FROM THE INFLUENCE OF FILM ADVERTISING Vol. XXX SATURDAY, APRIL 10, 1948 No. 15 AGAIN ABOUT ASCAP AND THE LEWIS BILL According to a report in the April 7 issue of Film Daily, Representative Earl Michener (R., Mich.), who is chairman of the full House Judiciary Committee, told the Washington correspondent of that paper that "he is very much in favor of the Lewis Bill and determined to put it to a vote before his full committee." The Bill, which would require the producers rather than the exhibitors to pay ASCAP for the public performance rights to music recorded on film, was scheduled for a rehearing this Wednesday before Rep. Michener's sub-committee on patents, trade marks and copyrights, which two weeks ago reported the Bill adversely but has since agreed to reconsider it. Film Daily credits Rep. Michener with stating that, even if the bill is voted down again by the sub-committee, he will put the motion to table before his full committee, and if it fails to clear his committee he may bring the measure up again in the next Congress. Quotely directly, Rep. Michener said that "something has got to be done to clear up this ASCAP situation." Rep. Michener's attitude towards the Lewis Bill, coupled with the fact that he is the chairman of the powerful House Judiciary Committee, definitely gives the Bill a badly needed boost and should serve to encourage the exhibitors' hopes that it will be enacted into a law. If you haven't yet written to your Congressman urging him to support this measure you should do so at once so that he will have a chance to use his influence before the Bill is put to a vote before the full committee. * * * The March 6 issue of this paper carried a suggestion from Martin G. Smith, president of the ITO of Ohio, that the exhibitors, instead of signing ASCAP's application form, send the Society a check for a license on a monthly basis, accompanied by a letter stating that the payment was being made under protest due to the pendency of the Lewis Bill and of different law suits involving the Society's right to collect license fees from the exhibitors. Having followed this suggestion, a number of exhibitors have advised this paper that ASCAP returned their checks with a letter stating that, since no license has been in effect since March 15, they had no account to which to credit the payment. An application form was enclosed in the letter, which stated also that, though it was the Society's custom to accept only quarterly, semi-annual, or annual payments, they were willing to accept monthly payments if more satisfactory to the exhibitor. Those of you who want to know what to do when ASCAP refuses to accept payments unless a license agreement is signed will be interested in the advice being given by Allied leaders to their members. These leaders are cautioning those who desire to sign up with ASCAP to insist that the following clause be inserted into the contract: "Payments may be made in monthly or quarterly installments at licensee's election and licensee shall have the option to cancel this agreement in case licensor's right to collect such payments is terminated by an act of Congress or by the final judgment of any Federal Court of last resort." The purpose of this clause is to protect the exhibitor from a long-term contract in the event that either legislation or a court decision terminates ASCAP's right to collect license fees from the exhibitors for public performance rights to music on film. (Editor's Note : As we go to press, a report from Wash' ington states that the sub-committee had again vetoed the Lewis Bill by a vote of 3 to 2.) BOX-OFFICE PERFORMANCES The previous box-office performances were published in the September 27, 1947, issue. Columbia "Bulldog Drummond Strikes Back": Fair "When a Girl's Beautiful": Fair "Key Witness": Fair-Poor "Blondie in the Dough" : Fair "Sweet Genevieve": Fair "Down to Earth" : Good "Her Husband's Affairs": Good-Fair "Two Blondes and a Redhead": Fair "The Lone Wolf in London": Fair-Poor "Crime Doctor's Gamble" : Fair-Poor "Devil Ship": Fair-Poor "It Had to Be You": Fair "Blondie's Anniversary" : Fair "The Swordsman": Good-Fair "The Prince of Thieves" : Fair "I Love Trouble" : Fair "Glamour Girl" : Fair-Poor "Mary Lou" : Fair "Relentless": Good-Fair "To the Ends of the Earth": Good "The Woman from Tangier" : Fair "The Return of the Whistler": Fair-Poor "The Sign of the Ram": Fair Twenty-three pictures have been checked with the following results:: Fair-Poor, 6; Fair, 12; Good-Fair, 3; Good, 2. Eagle-Lion "Green for Danger" (British): Fair "Out of the Blue" : Fair "Bury Me Dead" : Fair-Poor "The Return of Rin Tin Tin" : Fair-Poor "Whispering City": Fair "Love from a Stranger" : Fair "Blonde Savage" : Fair "Linda Be Good" : Fair-Poor "T-Men": Very Good-Good "Heading for Heaven" : Fair-Poor "The Smugglers": Fair "Adventures of Casanova": Fair "Open Secret": Fair-Poor "The Man from Texas": Fair Fourteen pictures have been checked with the following results: Fair-Poor, 5; Fair, 8; Very Good-Good, 1.