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THE LAW OF MOTION PICTURES
“ Proceeds” derived from a benefit or charitable performance have been defined as the balance remaining after deductions for the expenses necessarily incurred for the giving of such a performance.86
Unless specifically exempted by statute, a charitable organization must secure a theatrical license and pay the required tax before giving public exhibitions.87
It is not a public exhibition for a motion picture company to exhibit its reels to dealers by running them off for the purpose of renting or leasing the same.88
Section 83. — Interstate commerce.
In New York it has been squarely held that the theatrical business does not constitute '‘interstate commerce” within the meaning of the “Sherman anti-trust law.” The fact that theatrical companies travelled from state to
86 Commonwealth v. Alexander (1904), 185 Mass. 553; 70 N. E. 1017.
87 City of Mobile v. Kiernan (1910), 54 So. (Ala.) 102.
Shelley v. Bethell (Eng.) (1883), 12 Q. B. D. 11. Defendant who had a private house fitted up as a private theatre turned it over to another who advertised performances therein for the benefit of a School for Dramatic Art. Held that defendant was guilty irrespective of the fact that the performance was for charity.
See also Section 106.
88 A. G. v. Vitagraph Co., Ltd. (Eng.) (1915), 1 Ch. 206; 13 L. G. R. 148; 84 L. J. (Ch.) 142; 31 T. L. R. 70; 112 L. T. 245; 79 J. P. 150. The term “Exhibition” in Section 1 of the Cinematograph Act 1909, refers to the exhibition of cinematograph pictures in places of public entertainment, and does not include a case where dealers in the exercise of their trade of selling or renting films merely show their films by running them through their machines in the presence of one or more customers.