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

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QQ CONCEJS'TRATION OF ECONOMIC POWER PRODUCTION CODE ADMINISTRATION The Prpduction Code consists of a rather detailed statement of undesirable scenes or situations or methods of production which the members of the Hays organization have pledged themselves to avoid. Since a simple pledge of this kind is more likely to be honored in the breach rather than the observance, a Production Code Administration has been formed to implement it. The Production Code Administra- tion reviews all completed films submitted by members or nonmembers. It will review scripts, but does not give prior approval merely from the reading of a script. Objectionable material in a photoplay must be removed before the Hays office places it seal of approval on the film. The code has definite teeth, in that the members of the Hays organization have agreed to pay a $25,000 fine to the organization for the exhibition in any affiliated theater of any picture which lacks the seal of approval. It is evident that refusal of the seal of approval to a fu'st-class inde- pendent production would immediately make it a financial failure because it could not be shown in any of the 2,800 theaters controlled by the large companies. It might not even be necessary flatly to refuse the seal of approval. Granting the seal might be made con- ditional on the deletion of small parts of the film which nevertheless served to destroy the essential appeal of the picture. It is true that few complaints have been made by independent pro- ducers regarding the activities of the Production Code Administration. But, even granting that the powers of the code administration have in every case been wisely and equitably used, there remains a definite question as to whether such control of the business of potential or prospective competitors can properly be lodged in the hands of an interested industry group. The motion picture industry has over the years consistently opposed governmental censorship of films jargely* on the grounds that the power of censorship might not be wisely exercised. How much more assurance is there that this power will' always be wisely exercised by a nongovernmetal group? ADVERTISING ADVISORY COUNCIL This council, organized in 1933, performs the same functions with respect to motion picture advertising as the Production Code Admin- istration exercises with respect to a photoplay's content. Members of the Hays organization are required to use advertising approved by the council exclusively. Nonobservance is punishable by a fine of from $1,000 to $5,000. ' The implications of the control of advertis- ing are perhaps less serious than the censorship activities, since these do not appear to limit to the same extent the activities of persons outside the association. TITLE REGISTRATION BUREAU This bureau was set up for the purpose of registering motion picture titles to avoid the unintentional use of similar or identical titles.