Minutes of evidence taken before the Departmental Committee on Cinematograph Films (1936)

150 COMMITTEE ON CINEMATOGRAPH FILMS 7 July, 1936.] Mr. T. O'Brien and Mr. J. Rogers. [Continued. by the Legislature to establish a British film producing industry for a British market. 2. The Act in regard to the quota provisions has not proved easy of operation. Exhibitors of pictures have a legitimate grievance in being obliged to show a number of certain British films of an inferior standard. Certain film producing concerns have been enabled to make British pictures of such a low standard as to constitute a serious menace to the very prestige and representation of British art, skill and labour. 3. A large number of film producing concerns take the making of British pictures seriously, and are endeavouring to meet Hollywood's generation of advantages and experience and skill in a creditable .way. It follows that if opportunities of low standard production (referred to as " the quickies ") are to be permitted and continued, the future of the British motion film producing industry .will he undermined. The exhibitor of pictures, the better type of producing company, the representation of artists, technicians and labour, and the general public itself, will be adversely affected by the perpetuation of manipulated low standard production. 4. The Association feels that the solution is not to scrap the Films Act, as is suggested in certain quarters, but to amend the Act so as to make it impossible for the evils complained of by the various interests to exist, and to learn from the ten years' experience of the present Act those lessons that will tend to further encourage the continued production of bona fide films, and the future strengthening of the British film industry. 5. The Association suggests that an amended Act should provide for a producers' or renters' quota to reach a minimum of 30 per cent, to 35 per cent, of the imported product by 1943. Exhibitors' quota would require very close study, presuming that in any new Act the production of cheap, trashy and inferior films would be eliminated. The Association believes that the Committee of Enquiry would be better able to form a judgment on the question of the exhibitors' quota from the representations which the exhibitors themselves may make. A suggestion is offered, however, that exhibitors' quota should be no less than 75 per cent, of renters' quota. 6. The definition of a British film should be reconsidered in order that a minimum expenditure (excluding the story) is stipulated to entitle the films for registration. The suggested minimum expenditure should be £15,000 on each picture. News reels, shorts, documentaries, should be excluded from the Act. The principle at present embodied in Section 27 (3) (iv) should extend to any new Act, but provision should be made that increases in the salary of " Stars " after the date of their original contract shall not be regarded as fulfilling the provision of the British salaries stipulation. A British film shall mean a film made in Great Britain. 7. The Association offers no objection to the condition that the scenarist being British, be eliminated from any new Act, provided that the fees and salary of a non-British scenarist shall not rank as an item of expenditure in the suggested minimum cost of the picture. Lastly, the Association desires to make it quite clear that they advocate statutory protection for the British film industry, not in the sense that the industry should be effete, merely relying on legal pro tection, but rather quoting the words of .Mr. Simon Rowson, M.Sc, K.S.K. " That the protection afforded by the Act (the Cinematograph Films Act) is an inseparable part of the whole atmosphere in which the industry works, lives, and has its being. A withdrawal of this protection would in itself create conditions which might well prove disastrous to nearly every part and section of the industry.'' Moreover, the question is one that cannot be divorced from national economic and political considerations. Legislative protect ion for the British film industry ought not to be considered solely from the point of view of the industry itself. The relation of the subject of employment of British labour, technicians and artistes, should not be overlooked, nor those higher considerations of British culture, art. education and national needs. 1653. (Chairman) : Mr. O'Brien, you are the Secretary of the National Association of Theatrical Kmployees? — (.1//. O'Brien): Yes, and my colleague is Mr. J. Rogers, who is on our Executive Committee and our studio representative. 1654. I see. In paragraph 5 of the observations in your memorandum you suggest that the renters' quota should reach a minimum of 30 to 35 per cent, of the imported product by 1943. You are, of course, aware that the quota is now measured not on the imported product but on a percentage of the total imported and foreign together? — Yes, Sir. 1655. What is your reason for wishing to change over the method of calculation ? — There is no particular reason for changing over the method. The principle we desire to maintain is that the British quota shall be increased from its present maximum of 20 per cent., which it will come to in 1938, and in any Act that it should be increased to, at least the minimum stipulation shall be, 30 to 35 per cent., graduated over a period, we will say, from 1938 to 1943, allowing for the first five years of any contemplated new Act. 1656. It would really be the equivalent of 25 per cent, on the present basis of computation? — Yes. 1657. Twenty-five per cent, on the present basis or 33 per cent, on your basis? — Yes. 25 per cent, on the present basis, and it would work out at 33 per cent, on our -own idea. 1658. But you do not attach any particular importance to one method of computation over the other provided you get that result? — No, the main point is the result. That is what we are concerned with. 1659. And you say that the exhibitors' quota should be no less than 75 per cent, of the renters' quota. At present, of course, it is the same. Will you tell us whether you want it to be less or whether yen think it ought to remain the same as the renters' quota from time to time? — The exhibitors' quota, we suggest, should be 75 per cent, of the renters' quota provided the renters' quota was increased in accordance with our suggestion. We agree with the principle of the exhibitors having that margin of choice, which could only be provided for, we think, by their quota being slightly lower than the producers' quota. Have I made that clear, my Lord? 1660. Well, as far as we have been able to study the figures the margin of choice does not vary directly with the quota requirements? — Of course, there are other considerations. 1661. Yes, but we need not go into that. You. at least, recommend that there should be a variation between the exhibitors' quota and the renters' quota. and that the exhibitors' quota should be only threequarters of the renters' quota? — Yes. 1662. I mean your minimum is to be taken as standard — you would like it to be 75 per cent, all through the new quota scale? — Yes. 1663. I see. In paragraph 6 you suggest a minimum expenditure on each film and you suggest that news reels, shorts and documentaries should be excluded from the Act. Could you tell us why you wish t) abolish the benefit given by tin Act to short films? Well, having regard to our main angle on the problem, that is to the interest of employment of British people in British films. We think that the inclusion of news reels, shorts and documentaries without either or any of these terms being verj closely or adequately defined would provide a very substantial loophole for exhibitors or for producers to have films for quota purposes, probably very inexpensive at that, ami thereby perpetuate the same difficulty of abuses in regard to the quickies which now take place. If you eliminate quickies and you