Investigation of concentration of economic power; monograph no. 1[-43] (1940)

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OONCKNTRATION OF ECONOMIC POWER 29 •all the feature pictures offered by a single company in order to secure -any; they must in addition agree to pay for and show all short sub- jects released by the same company. Forcing of shorts is vigorously attacked by independent exhibitors. They contend that shorts are dated to theaters without regard to their suitability with the features shown. Moreover, as a consequence • of having to book with several distributors, exhibitors contend that they are frequently obliged to book a greater number of shorts than they require to round out their programs. In some cases, this results in several news reels being shown simultaneously. Even if short suljijects are not shown, the exhibitor must pay for them. Failure to pay for shorts may result in the shutting off of all film supplies. For example, in one of Paramount's short-feature exhibition con- tracts 85 short subjects, exclusive of news reels, are offered. Beginning with the first play date thereof * * * but subject to the avail- abihty of the respective one reel motion pictures licensed hereunder, the Exhibitor agrees to exhibit seven (7) one reel motion pictures each month, until the com- pletion of the exhibition thereof. The total license fees payable for the one reel motion pictures licensed hereunder is the sum of $255..50, which total sum the Exhibitor agrees to pay in 51 consecutive weekly installments. * * * It is agreed that the Distributor may at its option deliver to the Exhibitor c. o. d. any motion picture deliverable hereunder, and may add to said c. o. d. the amount of any past due indebtedness owing under this or any other agreement by the "Exhibitor to the Distributor.'« Independent producers oppose the forcing of short subjects for practically the same reasons they oppose block booking. The prin- cipal objection is that the market is closed to them through preemption of playing time. The practice is defended by the producer-distributors on the grounds that it eliminates waste in selling expense and that the common sale of shorts and features results in savings to exhibitors. They also claim that from their background of experience they are at least in some cases better able to judge what constitutes a well-balanced motion picture program. It is sometimes contended that the prac- tice was born from the desire to provide appropriate shorts to com- plement the showing of their features, thereby encouraging greater theater attendance. An additional reason why the practice is favored by the producer- distributors is one less frequently advanced by them. The short subject in some cases provides a try-out for talent which may prove suitable at some later period for use in feature pictures. Stock short subjects also constitute a relatively inexpensive training ground for directors and technicians. The cost of these beginners' efforts is then at least partly defrayed by booking the shorts into independent theaters. It may be pointed.out that in the operation of their own theaters the affiliated companies have in general worked out mutually satisfactory arrangements providing for selection of short subjects. This parallels the selective contract arrangement with respect to features. To the consumer the exact suitability of short subject material for use with particular feature pictures is probably not of great moment. It does appear, however, that the exhibitor, in direct contact with his audiences, should be in a better position to judge this factor. The consumer is not indifferent, however, to the contention that mor^ shorts than are necessary may be forced on the exhibitor, if more w Hearings, House of Hepresentatives, on S. 28o, p. 249.