In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1914)

Record Details:

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2590 James B. Clark, Direct Examination. By Mr. Kingsley: Q. Answer. A. Well, the principal trouble was, if a man did not pay up, we had no way of telling whether he was paid or not. Q. That is, you might go on and serve an exhibitor who had not paid his royalty? A. Yes, sir; without knowing it. Q. He might even tell you he had paid it, when, as a matter of fact, he had not? A. Yes, sir. Q. Did that sometimes occur to you? A. It did. Q. Did it occur with sufficient frequency to become an 2 noying? A. It did. Q. What suggestion or recommendation did you make to the Patents Company, if any, with respect to this practice? A. I recommended that they allow us to collect the royalties. Then we would know who was paid and who was not. Q. And did the Patents Company subsequently allow the exchanges to collect the royalties? A. Yes, sir. Q. Did the trouble which you have mentioned, then cease? A. Yes, sir. Q. Was there anything in the license agreement which your exchange signed with the Motion Picture Patents Com 3 pany, wThich restricted you in a geographical sense as to the territory you might serve? A. No, sir. Q. Prior to the sale of the property of your exchange, to the General Film Company, what territory did you serve? A. Well, we served quite a big territory, because we were as far west as Omaha. You see we had branch offices. Q. What territory did you serve from the Pittsburgh office? A. Principally Western Pennsylvania, Ohio and West Virginia. That is, Eastern Ohio. Q. And did you find it necessary, when you wished to serve points at a further distance, to open new exchanges? A. Yes, sir. Q. Did you find that there was a geographical limit beyond which it was not profitable to ship films physically? A. Yes, sir; that is the reason we opened the branch offices. Q. Was your exchange, at any time, prohibited by any condition in the license agreement with the Motion Picture Patents Company, from taking on a licensed exhibitor who might have been served by another licensed exchange at another time? A. No, sir.