Kinematograph year book (1944)

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150 The Kinematograph Year Book. NOTICE. Three Months' Notice.—. Judgment was entered for the plaintiff for £94 with costs by Mr. Justice Tucker in the King's Bench Division on Novemter 26, in an action for damages brought byDavid Bacal, of Dudley Court, Finchley, against J. V. Wareing, of Craven Gardens, Wimbledon, alleging wrongful dismissal from his position as general manager of the defendant's circuit of kinemas. Defendant maintained that Mr. Bacal was employed only as manager at Barnes and not as general manager of the circuit. He also pleaded that he was justified in dismissing Mr. Bacal. Mr, Justice Tucker found that there as an agreement to employ Mr. Bacal, as he alleged, at £10 a week, and that there was no ground for his dismissal. He was entitled to three months' notice as a general manager. GENERAL. Twickenham Film Rights. — Ambassador Film Productions, Ltd., successfully appealed in the Court of Appeal on October 14 against the judgment of Mr. Justice Bennett, which decided that the exploitation rights in five films, viz., " Scrooge," " The Last Journey," " A Fire Has been Arranged," " Private Secretary " and " She Sfc?-U Have Music," were the property of the pro&vc ers, Twickenham Film Studios, Ltd. He granted a declaration to the latter company to carry out this decision and an injunction restraining the appellants from dealing with the films otherwise than by handing them over to Film Studios. The appeal arose out of an action by Twickenham Film Studios against the appellants and Twickenham Film Distributors. Ltd., Twickenham Film Studios, in 1935, gave Twickenham Film Distributors the right to exhibit, exploit, sell or deal with the films, and the receiver of that company, in 1940, purported to pass on that right to the appellants. The judge held, however, that the appellants were merely the agents of Film Distributors to deal with the films. In the Court of Appeal it was argued for the appellants that Mr. Justice Bennett wrongly decided the issue on the basis of copyright. The Master of the Rolls, in his judgment, held that the agreement with Ambassadors could not be attacked because it was within the powers of Distributors to make it. By it Distributors transferred their rights to the appellants. Those rights, he said, included the right to sell or otherwise deal with the films. He added that the large range of words used in the agreement, such as " exhibiting, letting, renting, selling or otherwise dealing with," was such as to give the agents authority to do what they thought best with the films from a commercial point of view. The meaning of the words could not be cut down as Film Studios contended. His Lordship said it was not necessary to deal with the question of copyright. The appeal would be allowed. U.S. Producer's Income Tax.— Irving Asher, film producer, unsuccessfully appealed in the Court of Appeal on December 8 from the judgment given by Mr. Justice Atkinson in favour of London Film Productions, Ltd., Denham, whom he had sued for £1,729 alleged to be due to him under an agreement. Mr. Asher claimed that £3,454 should have been paid to him, but that the company deducted tax at the rate of 10s. in the £. This, he said, was wrongly deducted, as the payment was in the nature of capital, and therefore not taxable, and he asked for judgment for the full amount. The Master of the Rolls held that the sum was subject to deduction of tax by the payer (the defendant company) and not by direct assessment as if Mr. Asher were carrying on a profession or vocation. The appeal, . therefore, must be dismissed with costs. Leave to appeal was granted. Film Finance Action. — The action was concluded on December 7 before Mr. Justice Tucker in the King's Bench Division, arising out of transactions which took place so long ago as 1936 when Insurance Companies were guaranteeing banks on loans made to film companies for the production of films. One of these companies, the Sea Insurance Company, Limited, of Liverpool, were seeking to recover, their loss from Messrs. Glanvill, Enthoven and Company, the London insurance brokers through whom the business was effected. After a hearing lasting two days H. J. .Wellington, K.C., on behalf of the Sea Insurance Company, Limited, stated that the parties had settled their differences, that all charges of fraud or any implications of any kind were withdrawn without any reserve whatever, and that the plaintiffs, the Sea Insurance Company, Limited, were making a token payment of 100 guineas towards the costs incurred by Messrs. Glanvill, Enthoven and Company. Renters Lose Libel Suit. — An action in which Anthony Havelock Allan, producer, of Wilton Lodge, Hillingdon, Middlesex, was alleged to have libelled the Columbia Pictures Corporation, failed in the King's Bench Division on Wednesday, March 3 1 . Plaintiffs, in August, 1941, entered into an agreement with Two Cities Films, Ltd., to produce for them a picture " Unpublished Story." Mr. Allan was the producer and Valerie Hobson , his wife, was the female lead. On April 7, 1942, after the delivery of the picture, Mr. Allan, in a letter to Mr. Del Giudice, a director of Two Cities Films, Ltd., wrote : — " I really am alarmed to hear that ' Unpublished Story ' cannot come on in the West End for another five or six weeks. It seems to me that Columbia are doing everything in their power not to help the picture." The plaintiffs admitted that the letter was written on a privileged occasion, but sought to establish malice on the part of Mr. Allan. They did not seek damages and merely wanted the withdrawal of the imputation contained in the letter. Mr. Justice Hilbery, giving judgment, said there was some delay in the production of the film when Trade shown on March 25, and was well received. Defendant thought that an unreasonable time had been allowed to elapse between the Trade show and the release and expressed the view that the plaintiffs were doing that which was not calculated to help the film. He did not write the letter with any improper motive or purpose. That was the end of the matter, and why the action was ever brought his lordship could not understand. There mus be judgment for the defendant, with costs. Eire Carbon Action.— In the Eire High Court judgment was entered for the defendants in an action by Napier Equipments, Ltd., kinema suppliers, Lower Abbey Street, Dublin, against the General Electric Co., Ltd., of Dublin, for alleged breach of contract for the supply of projector carbons. Plaintiffs alleged a contract for the sale to them of 36,228 pieces of carbon