The Independent Film Journal (1954)

ENTITLED TO ANSWERS FREE OF AMBIGUITY AND DOUBLE-TALK. THUS FAR, THEY ARE GETTING SILENT TREATMENT. Only last week, Ben Marcus, president of National Allied, recognizing the gravity of the situation, charged that “the reduction of prints allocated to film ex¬ changes, as reported by branch managers and book¬ ers . . . will definitely hasten the closing of many sub¬ sequent-run and small town theatres.” Describing the dearth of prints as “senseless econ¬ omy,” Marcus warned that this “short-sighted and foolish move” will further tend to destroy all orderly clearance procedures. The Independent has consistently been opposed to litigation as a means of settling industry disputes and as a cure for industry evils. This does not prevent us from recognizing the legal liability to which distribu¬ tion is recklessly exposing itself. As we predicted, legal threats are materializing. North Central Allied, charging that the print shortage is “artificial” and designed to establish an illegal sys¬ tem of runs and clearances, has instructed its counsel to study the possibility of forcing the delivery of prints on time to theatre members in accordance with their availabilities. This whole situation is fraught with dynamite. Even those exhibitors with key runs now being served recognize the inequity caused by the curtailment of prints. Many realize that even though they are present¬ ly the beneficiaries of favored treatment, they are like¬ wise in a vulnerable position. It is entirely within the realm of probability that some determined, perhaps desperate, theatre owner will seek to enjoin a run in a territory in which his theatre, because of a print shortage, is deprived of its availability while other theatres in the same area with the same clearance dates are serviced with prints. A ou don't have to he a legal eagle to recognize the merits of such a case. In any event, even if our determined exhibitor is unable to enjoin such a run, he and many other ex¬ hibitors similarly situated are being furnished with live ammunition for treble damage suits that will far outweigh any temporary advantage that might accrue to distribution. An unimpeachable source of unquestioned integ¬ rity and reliability has given information to your edi¬ tor debunking the laboratory logjam theory and main¬ taining that the film companies can get more prints without too much difficulty. Film executives have been known to surmount far greater problems with dispatch. In the meantime, exhibitors who should he out exploiting the product and advertising their forthcom¬ ing attractions are spending most of their time at the exchanges begging for prints. There is a very disquieting element surrounding the print shortage. No distribution head has seen fit to comment on the situation. It cannot be because of lack of interest. Certainly there must be some expla¬ nation or, in the alternative, an immediate correction of the situation that now permits clearance and ex¬ tended protection by the holding back of an adequate number of prints. THE INDEPENDENT FILM JOURNAL. Published every other week on Saturday by ITOA Independent, Inc. Editorial OHices 1515 tte'cross' Coast Telephone Circle 6-6460. Editor, Morton Sunshine; Business Manager, Herman Schleier; Associate Editor, Aaron Sloan; Circulation Manager, Charlotte Gross. C Bu^ RichSd Bernstein. 4225% Lockwood Ave., Hollywood 29, Calif.. Normandie 2-6494. Chicago Bureau: R. L. Farnsworth, 307 N. Michigan Ave.. Financial 6-2786. Washington, D. C. Bureau: A1 Goldsmith, 1365 National Press Bldg., MEtropolitan 8-0001.