Motion Picture Daily (Oct-Dec 1934)

Friday, November 2, 1934 MOTION PICTURE DAILY ASCAP Cites New Tax Deal As a Defense {Continued from page 1) collective bargaining through which the organization's music tax schedules, it alleges, are established. The answer also represents the exhibitors' committee as "entirely pleased" with the compromise and sets forth that during the compromise negotiations "it was freely and unanimously stated by the members of the (exhibitors') committee that the exhibitors of America would be confronted with a tremendously difficult and apparently insoluble problem in connection with the use of copyrighted musical works, were the Society to be dissolved." This statement is regarded as A. S. C. A. P.'s answer to the portions of the Federal suit which seek the dissolution of the society as a monopoly in restraint of trade. That portion of A. S. C. A. P.'s answer intended to show that its music tax schedules are not "arbitrarily" established, as charged, but are, rather, the result of pacts arrived at through collective bargaining,' lists as further evidence the negotiations which, according to the answer, were consummated with M. P. T. O. of Michigan. M. P. T. O. of Virginia and committees representing "an exhibitors' association of Minnesota and South Dakota" and one representing "an exhibitors' association of North Carolina." Names Twenty-three Groups The answer names 23 exhibitor trade associations as having been "combined to form a united front for jthe purpose of defeating the right of composers, authors and publishers to a reasonable royalty," it cites the "penny-a-seat war chest" championed by the exhibitors' emergency committee and charges the M. P. T. O. A. with an agreement "to issue questionnaires to every senator and congressman to get them committed to the fact that they would favor repeal of the law which secures performance rights to members of the society" and that "they proposed to tengage in lobbying on a large scale for congressional action and to en'gage 100 contact men for the purpose 'of inducing senators and congressmen ko act in favor of the united front and in opposition to the interests of ;the society." A. S. C. A. P.'s answer also rentes the history of exhibitor and broadcasters' litigation against the so:iety and opposition to music taxes vvhich were either ineffectual or decided in the society's favor. It also ~ites the legislative campaigns of broadcasters, and exhibitor trade asrciations. all of which, the answer -ays. were failures. A general denial trf most of the government's allegaions is made, and specific denials are nade as to the existence of a music icensing monopoly, an attempt to reate one, restraint of trade or any inlation of anti-trust laws. The answer avers that the Federal "rade Commission, the Department of ustice. various congressional patents ommittees. Federal and state courts ave ruled in the oast that the soiety is engaged in "a lawful and legii imate enterprise under the copyright aws." It also describes the work of the society in aiding underprivileged authors, composers and publishers and their relatives in terms that would make it appear the society is primarily a charitable organization whose extensive agencies spend as much time ferreting out worthy indigents upon whom it bestows its munificence as in discovering and* prosecuting unlicensed users of its copyrighted music. The answer, filling 42 pages of printed matter exclusive of exhibits, was written by the law office of Nathan Burkan. It was industriously publicized by Gene Buck, president of the society, who delivered it to the metropolitan newspapers in advance of its filing with the Federal court. Illumination Angles Come Before SMPE Illumination was the principal topic of discussion at the morning session of the S. M. P. E. convention at the Hotel Pennsylvania yesterday. The convention closed with the afternoon session. J. D. Edwards of the Aluminum Company of America described various ways of utilizing the reflecting properties of aluminum and how to make it shiny. His talk ranged from polished reflectors, to aluminum on glass to the use of aluminum paint. In a paper on "What Is Light?" S. G. Hibben of the Westinghouse Lamp Co. said that he wanted to discuss it from the latest concept which is that light is a wave motion and that all matter is crystallized electricity. Other subjects discussed at the morning session were : "High Intensity Mercury and Sodium Arc Lamps," L. J. Buttolph, General Electric Vapor Lamp Co. ; "The Use of the High Intensity Mercury Vapor Lamp in M. P. Photography," M. W. Palmer, M. P. Lighting and Equipment Corp. : "Recent Developments in the Use of Incandescent Lamps for Color M P Photography." At the closing session in the afternoon the subjects were: "A Revolving Lens for Panoramic Pictures," F. Altman, Hawk-Eye Works, Eastman Kodak : symposium on construction materials for processing apparatus. International Nickel Co., Carnegie Steel Co., Synthane Corp. ; "A Roller Developing Rack for Continuously Moving the Film During Processing by the Rack-and-Tank System," C. E. Ives, Eastman Kodak ; "Training Future Cameramen," H. C. McKay, head of the N. Y. Institute of Photography. Indie Circuits May Reenter ITOA Soon (Continued from pane 1) in settling the local labor situation. Following this, the I. T. O. A. will sign the code and a move will be made to set up a clearance and zoning schedule for the entire territory. Harry Brandt, president of the unit, could not be reached yesterday for confirmation. Reports that major circuits would join the I. T. O. A. are discounted by representatives of the organizations mentioned. Rejoining of the independent circuits was discussed at a meetiner of the hoard of directors earlier in the week. The move is said to have been started by Brandt, who is one of the leaders in the plan to set ut> a basic operators' wage scale for the territory. He is a member of the fact finding committee, which is now classifying theatres preparatory to setting up the basic scale. Sinclair Row Stirs Indies of So. Cal. (Continued from page 1) dependent Theatre Owners can appreciate not only Sinclair's feelings, but those of the public when it comes face to face with the types, reasons and arguments of some of the individuals favoring Sinclair's candidacy. "We have a right to defend our business from unjust attacks such as Sinclair's, just as newspapers would, if Sinclair should come out and say we need more censorship of printing of news to suit his peculiar political whims. "When Sinclair attacks C. C. Petti john he attacks a man who has done more for the independent theatre owners of America than anyone in the industry, and to do him justice, we make this statement." On another line of battle in this historic and hectic election campaign the district attorney's office was requested through David Sokolo, listed as attorney on the stationery of the law enforcement committee of the County Central Committee of the Democratic Party, to call the chiefs of eight major studios before the Grand Jury to be interrogated in connection with alleged threats that studio employes would be dismissed if they voted for Sinclair. Daniel Beecher, deputy district attorney, said no subpoenas would be issued for studio heads, but, if the committee would furnish the names of persons intimidated, they would be called before the Grand Jury to tell their experiences. The letter also charged the studios had been demanding one day's pay from all who earn more than $100 weekly for the Republican campaign fund. Harrison Explains Sinclair Attitude (Continued from page 1) Harrison is on the same side of the fence as the Democratic candidate for the governorship of California, Harri son declared yesterday, "I asked Sinclair if he favored the abolishment of block and blind book ing and a probe of the business. He replied he did and so I am with him. I have always advocated these issues. However, insofar as his EPIC plan is concerned, there is nothing I can say. I have not studied it," concluded the publisher of Harrison's Reports. Windisch in New Post Irving Windisch has been appointed advertising and exploitation manager of the Warner Broadway houses, succeeding Charles Curran. He will share his duties with Zeb Epstein. Bershon West Tomorrow Dave Bershon of Westland Theatres in California leaves for the coast tomorrow after several days here. Westland operates six houses in Los Angeles. Close Two Radio Deals Jules Levy, vice-president and general sales manager of RKO Distributing Corn., has closed deals with B. & K. in Chicago and the Harry Weinberg circuit in Iowa for the entire 1934-35 Radio lineup. 6 First Year From Hearst For Warners (Continued from page 1) Miss Davies. Her statement approving the deal is taken to indicate that she has not been entirely satisfied with the present M-G-M deal. It follows : "I feel very happy over my new arrangement with Warner Bros. I am confident that they will give me every cooperation in the production of my pictures and that I shall have greater individual opportunity. "I am leaving Metro-GoldwynMayer with the kindliest feeling and appreciation of everything that they have done for me. I have only the highest regard for the Metro executives, especially Louis B. Mayer and Irving Thalberg." Under the new arrangement, Jack L. Warner will be in personal charge of Miss Davies' as well as Cosmopolitan productions, it is stated. He issued an enthusiastic statement which read : "Speaking in behalf of my brothers, Harry and Albert, we are delighted and consider ourselves fortunate in having obtained Marion Davies for a series of star productions, and our aim and ambition will be to produce pictures with Miss Davies that will create even greater success for her than she has heretofore attained. In addition to Miss Davies' starring productions, we will also produce a series of Cosmopolitan productions. "We consider the association with us of William Randolph Hearst and his tremendous organization as the greatest forward step that Warner Bros, have taken since the introduction of the talking picture." Tri-Ergon Allowed To Sue Para.-Publix (Continued from page 1) litigants from continuing old actions or bringing new suits against a bankrupt corporation. In tfie event Paramount Publix is reorganized without a new company being formed, Tri-Ergon would be in a position, as a result of the order, to proceed immediately with actions for injunction or accounting, according to responsible legal viewpoints. Delaware Tri-Ergon Move Up on Nov. 16 Wilmington, Nov. 1. — Judge John P. Nields in U. S. District Court has set Nov. 16 as the date for a hearing of a motion by American Tri-Ergon and Tri-Ergon Holding A. G. for a temporary restraining order against Loew's, Inc., M-G-M Pictures Corp. and Warners to prevent them from using disputed Tri-Ergon equipment until settlement of the patent suit. O MINUTE \ FILMS ACTION • SUSPENSE NOVELTY Samj&x Productions i^ijss 723 '7th AVENUE ' NEW VORK'N.Y. I