Motion Picture Daily (Oct-Dec 1933)

Thursday, October 19, 1933 MOTION PICTURE DAILY Hope to Have Code Settled By Saturday (Continued from paae 1) tistics secured from the industry under a pledge of secrecy. The legal division of the recovery administration also is studying the film code but will not prepare a report on it until after the document has gone to Administrator Johnson. Following its approval by the administrator the code goes to the White House for the President's approval, becoming effective 10 days thereafter. Still Hearing Objections Although consideration of the code is nearing its conclusion, Rosenblatt is still meeting with representatives of the industry who have objections or suggestions to make, and on Thursday he will confer with the independent fusion group on the code analysis prepared by it. He will not, however, hold up the code for the Allied States meeting scheduled for Oct. 24 in Chicago, and it is indicated that few changes are now to be expected as a result of the representations still being made by industry members who are still here. While there is a bare possibility that the code may be ready for submission to Administrator Johnson on Friday, the general expectation here is that it will not reach him before Saturday or Monday. Pay for Extras' Long Interviews Provided Compensation for extras where interviews on prospective jobs run beyond one hour and a half is provided for in the third NRA revision of the code. This change is covered in the following new provision: "Transportation to and from location shall be paid to 'extra players'. There shall also be paid to 'extra players' for interviews and fittings the payments provided for in Order 16-A of the Industrial Welfare Commission of the State of California; and in the event that any interview extends beyond one and one-half hours, the 'extra plaver,' although not engaged, shall receive not less than onefourth of a day's' pay. and if any interview shall extend beyond two hours, the 'extra player' shall receive an additional one-fourth of a dav's pay for every additional two hours or fraction thereof." Cancellation Privilege in New Dress: Clause Altered Restrictive conditions of play and price will determine the factors under which an exhibitor may cancel pictures, the third revision of the NRA code provides. Whereas in Draft No. 2, the exhibitor was permitted to cancel out one for each 10 per cent specified in his contract, the third draft eliminates the percentages and stipulates the cancellation is effective on the basis of one picture in each group of 10. How religiously the exhibitor lives up to the letter of his contract will have an important bearing on his elimination right, as well. The $250 average price, or less, is unchanged, but many of the conditions governing the clause are not. The new text follows : PART 3— No Exhibitor or Distributor shall induce or seek to induce the breach of any subsisting contract licensing the exhibition of motion pictures. PART 4— No Exhibitor or Distributor shall give any gratuity or make any offer of any gratuity for the purpose of procuring advantages that would not otherwise be procurable, or as an inducement to influence a Distributor or Exhibitor, or representative of either not to deal with any competing or other Exhibitors, or Distributors. PART S— No Exhibitor or Distributor shall make any disclosure of box office receipts for publication except necessary reports to stockholders, credit and governmental agencies and to other like bodies. No Exhibitor or Distributor shall be responsible for disclosures in violation of this PART made by agents not authorized to do so. PART 6— (a) If in any license agreement for the exhibition of feature motion pictures the Exhibitor has contracted to exhibit all of the motion pictures offered at one time by the Distributor to the Exhibitor and the license fees of all thereof average $250.00 or less, the Exhibitor shall have the privilege to exclude from such license agreement not to exceed ten percent (10%) of the total number of the motion pictures so licensed; provided the Exhibitor (1) is not in default under such license agreement, and (2) shall have fully complied with all of the provisions thereof, if any, for the exhibition of such motion pictures at specified intervals. (b) Such privilege of exclusion may be exercised only upon the following terms and conditions: d) _ The Exhibitor shall give to the Distributor written notice of each motion picture to be excluded within fourteen (14) days after the general release date thereof in the exchange territory out of which the Exhibitor is served. (2) The Exhibitor may exclude without payment therefor one (1) motion picture of each group of ten (10) of the number of feature motion pictures specified in the license agreement provided he has paid for the other nine (9) of such group. (3) If such privilege of exclusion is not exercised as provided in paragraph (b) (2) above, the Exhibitor may nevertheless exercise such privilege by paying the license fee of each motion picture excluded with the notice of its exclusion. In such case, such payment shall be credited against such tenth or succeeding tenth motion picture, as the case may be which the Exhibitor would otherwise be privileged to exclude as provided in paragraph (b) (2) above. If the only or last group licensed is less than ten (10) and more than five (5) motion pictures, the privilege to^ exclude shall apply provided the Exhibitor has paid for all motion pictures but one of such group. (c) Upon the failure or refusal of the Exhibitor to fully and completely comply with any term or condition of such license agreement, or to comply with any arbitration award in respect thereto, the privilege of exclusion forthwith shall be revoked and the Exhibitor shall be liable for and pay to the Distributor the license fees ol all motion pictures theretofore excluded. (d) If the license fee of any feature motion picture specified in the license agreement is to be computed in whole or in part upon a percentage of the receipts of the Exhibitor's theatre, such license fee (for the purpose of computing the average license fee of all of the motion pictures licensed) shall be determined as follows: (1) Average the license fees of all the Distributor's feature motion pictures exhibited upon a percentage basis at the Exhibitor's theatre, during the period of one year prior to the term of such license agreement. (2) If none of the Distributor's feature motion pictures were exhibited upon a percentage basis at such theatre during said period, average the license fees of all feature motion pictures exhibited upon a percentage basis at such theatre during the said period. (e) If the rental of any motion picture excluded is to be computed in whole or in part upon a percentage of the receipts of the Exhibitor's theatre, the sum to be paid by the Exhibitor as provided in paragraph (b) (3) hereof shall be determined as follows: (1) Average the gross receipts of all the Distributor's feature motion pictures exhibited at the Exhibitor's theatre during the ninetv (90) day period precedine the Exhibitor's notice of exclusion, and apply to such average the percentage terms specified in the license agreement for the picture excluded. (2) If no feature motion pictures of the Distributor were exhibited at the Exhibitor's theatre during said ninetv (90) day period, average the daily gross receipts of the Exhibitor's theatre for the period of thirtv (30) operating days preceding the Exhibitor's notice of exclusion and apply to such average the percentage terms si>ecified in the license agreement for the picture excluded. (f) In computing the number of feature motion pictures^ which may be excluded hereunder, fractions of more than one-half (I) shall be regarded as one (1). (g) Upon the exclusion of each feature motion picture, the license therefor and all rights thereunder shall terminate and shall revert to the Distributor. (h) The Optional Standard License Agreement referred to in PART 1 hereof shall be deemed amended by substituting in place of Article FIFTEENTH of such contract provisions of this P'ART. Actors Again Wire Protest On Article 5 (Continued from faae 1) power, and goes on to say that it is the actors' "sincere conviction" that the way to avoid industrial disputes is to eliminate their causes. "In the face of united employe opposition throughout the industry against Article 5 of the proposed code restricting free bargaining," the wire reads, "we now learn from Washington that Rosenblatt says the article will remain in the code. It was originally conceived by producers and represents an outrageous attack on individual rights of all workers for the betterment of a small grouo of unscrupulous financiers. It still means that with one stroke of the pen employes could be made slaves. "This code still legalizes blacklisting, and provides that any film employe, at the will of a iury of employers, may be deprived indefinitely of a livelihood with no learal recourse. "The guilds are defending low salaried actors and writers as much as artists receiving high salaries. We cannot accept Article S in its present form." TTavs Member Lawyers Discuss 3rd Revision Lawryers of the Havs member companies met at association headquarters vpsterdav afternoon to sfo over the thi<-r^ NRA revision of the code. While many of them were familiar with chansres in intent and nhraseolofiry, a number had left Washington after nuMication of the second draft and. therefore, were not fully aware of such changes as had been made. Allied "Bungling" Charged in Detroit (Continued from fane 1) new organization was scheduled for Friday. Today's meeting took a definite stand against Mid-States Theatres, booking combine in which H. M. Richer, business manager of Michigan Allied, and H. C. Ritter, Allied States nresident, are members. The meeting also critici7:ed Richey for his activities in behalf of Mid-States, and also took exception to Allied States' criticism of Deputv NRA Administrator Sol A. Rosenblatt. Martin Quigley to Be AMPA Speaker Martin Quigley, head of Quigley Publications, will be the principal speaker at today's meeting of the A. M. P. A. at Sardi's. He will discuss the advertising clause in the industry code. John Flinn, president, will answer recent criticisms of A. M. P. A. meetings and membership by members of the Columbia staff after consulting with the board of directors. Hundreds of Extras Joining Association Hollywood, Oct. 18. — Sixteen hundred extras have fallen in line with the Hollywood Picture Players' Ass'n., a unit devoted to the problems of supporting cast and extra players under the NRA, which last week filed a charter in Sacramento. The association, slated to hold its first mass meeting the latter nart of the week, will act as a coordinating and cooperating medium between its members, producers and governmental agencies, according to Eugene H. Marcus, counsel. Eligible for membership are 8,000 recognized extra players. Serving on the temporary board of directors are J. Buckley Russell, Herta Reinach, W. R. Deming, Robert P. Chapman, Edward Reinach, Starrett Ford, S. Maine Geary, Harry Strathy, Frank Pharr, R. C. Huestis and Richard Kipling. K, C. Independents May Refuse to Sign Kansas City, Oct. 18.— A declararation that they will not sign the code unless it is "fair to the independents" have been made by Majestic Film Exchange and Associated Film Distributors here. Robert F. Withers, manager of Midwest Film Distributors, Monogram franchise holder, who has been heading the independent exchanges' fight locally, says recent reports he has received from the east indicate the code will not be unfair to the independents and for that reason he intends to sisrn it. Kansas City independent exchanges were among those who sent wires to President Roosevelt last week protesting omission of a double bill clause and certain provisions of the Rosenblatt draft as "ruinous to the independents."