Kinematograph year book (1935)

184 The Kinematograph Year Book. ADVERTISING Invisibie Driver. — Before the Lord Mayor, on February 16, Frederick Butler was summoned for driving on the Victoria Embankment, on January 27, a motor-car that was being mainly used for advertising purposes ; for occupying such a position in the vehicle that he had not an uninterrupted view of other traffic ; being unable, from the same cause, to have proper control ; having brakes that were not maintained in good working order, and being unprovided with effective wings or mudguards. Frederick Owen, of Oxford Street, W., the constructor of the vehicle, was summoned for causing these offences, and there was also a summons against Universal Pictures, Ltd., for aiding and abetting. Police-constable F. Riddett, of the City Police, spoke of holding up on the Embankment a light motor-car of peculiar construction, as it appeared to him that it was being used for advertisement. When it was pulled up he could not see the driver, who was under a low canopy, sitting on the floor boards, and he was supplied with a separate set of controls in addition to those found in the usual place. On the front steering-wheel was fitted a pair of stiff gauntlets, giving the appearance of a pair of arms cut off just above the wrist. The Lord Mayor inflicted on Butler penalties amounting to 12s. 6d., on Mr. Owen £8, and on Universal Pictures, Ltd., £5. COPYRIGHT News Reel Recording.— The Court of Appeal, composed of the Master of the Rolls and Lords Justices Slesser and Romer, on Monday, April 30, gave judgment allowing the appeal of Hawkes & Son (London), Ltd., from the decision of Mr. Justice Eve in the Chancery action brought by them against the Paramount Film Service, Ltd., and Olympic Kinematograph Laboratories^ The action was for an injunction restraining infringement of the plaintiff's copyright in the march " Colonel Bogey," and the exhibition of any film containing music of the march. The judges had seen the film, which was a record of the opening by the Prince of Wales of the Royal Hospital School at Holbrook, Suffolk, at the Paramount Co.'s private theatre in Wardour Street. The Master of the Rolls said it was suggested that if the case went in favour of the appellants, the respondents would be hampered in the production of news films. The appellants, however, did not wish to impede that work, and said the difficulty could be surmounted by the payment of a small fee for the use of their copyright work. It was also said that the rapidity of production would make it difficult to obtain a licence, but he thought a form of licence could be found that could be made applicable. Having seen the film, he had come to the conclusion that a substantial portion of the march had been reproduced and that the copyright had been infringed. The appeal must be allowed with costs. Lord Justices Slesser and Romer agreed. QUOTA PROSECUTION Quota Fine.— At the Sunderland Police Court, on June 22, the Consolidated Cinema Co., Ltd., was fined £10 without costs for having failed to show the full quota of British films during the year ending September last. Instead of showing the required percentage of 1 2 i~ of British long films, only 11.32 per cent, had been exhibited. For the defence, Mr. Lawson suggested that the Trade was almost in a state of rebellion against having to show British pictures of very poor quality. " If my clients had committed any offence," he said, " it was because we wanted to show good pictures. Films are produced which are unmarketable." Stanley Williams, secretary of the company, said companies which controlled a large number of theatres were able to get the first and best choice of films, and obviously this handicapped smaller houses. TRADE DISPUTE " Cavalcade " Play Rights.— A claim by C. B Cochran for rectification of an agreement concerning the provincial and suburban touring rights in " Cavalcade " was abandoned before Mr. Justice Eve in the Chancery Division on June 18, and his lordship proceeded to hear the counter-claim of Archie Parnell and Zeitlin, Ltd., for damages for alleged breach of the agreement. The agreement was dated July 8, 1932, and provided that Mr. Cochran and Theatre Royal, Drury Lane, Ltd., should let the touring rights to Messrs. Parnell and Zeitlin on the terms that the latter should pay 25 per cent, of the net profits, 10 per cent, flat royalties, and £1,000 for the production. Noel Coward, the author, ceded the entire dramatic rights to Mr. Cochran, but reserved the film rights. When Mr. Cochran went into the joint venture with Theatre Royal, Drury Lane, Ltd., the film rights were reserved, but unfortunately in the agreement of July 8, 1932, there was a clause to prevent the showing of a film of the play during the five years of the agreement. But in March Mr. Cochran had disposed of his interest in the film rights, and he accordingly claimed rectification on the hasis that it was never the intention of the parties to include such a clause. Messrs. Parnell and Zeitlin, however, intimated that they were making no charge of bad faith against Mr. Cochran, who thereupon abandoned his claim. With regard to the counter-claim, Messrs. Parnell and Zeitlin pointed out that when the first tour was made there was a profit of £12,000. The play was enormously successful, but when it was suggested that the Fox Film Corporation were about to show the film in England they suffered great damage. After a legal agument, Sir Patrick Hastings, K.C., for Messrs. Parnell and Zeitlin, intimated that his clients would not continue with the counter-claim in its existing form, but would issue fresh writs. Mr. Justice Eve accordingly made an interlocutory order staying all proceedings in the counter-claim and dismissed Mr. Cochran's claim pending the hearing of the new actions. HEPBURN from Radio, of course!