Motion Picture Daily (Jan-Mar 1935)

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12 MOTION PICTURE DAILY Tuesday, February 26, 1935 Bill Drafted To Cut Fines On Copyright {Continued from page 1) modernization of the copyright laws and the entry of this country into the international convention. The latter was sought by President Hoover in 1931 and last year by President Roosevelt, but the Senate failed to ratify the treaty. The present copyright law was enacted in March, 1909. It was amended to protect motion pictures in August, 1912, and additional amendments were adopted in 1913, 1914, 1919, 1926 and 1928. The proposed measure was drafted by an interdepartmental committee on which the State and Commerce Departments and the Library of Congress were represented, and is designed to include "absolutely necessary reforms" but to leave substantially unaltered the general structure of the copyright legislation. While the new draft makes an effort to cover the motion picture situation, it is believed to contain a number of provisicms unsatisfactory to either producers or exhibitors, or both, which will possibly lead to changes before the bill is reported to the Senate for consideration. Analysis of the department's bill shows the following changes to be made in the present law : Amendments Proposed Section 1 is amended to give the copyright owner the exclusive right to make a motion picture photoplay, with or without sound, from a literary work and to perform it, and also pro vides for radio broadcasting. Section 4 provides that copyright may be secured for all the works of an author, "whatever the mode or form of their expression." Section 5 would add to the classes for which copyright may be claimed works prepared expressly for radio broadcasting. Section 8 provides that copyright shall extend without formality to the works of foreigners only in the case of countries which are parties to the international convention, and that in the case of citizens of other countries the present reciprocal requirements shall be met. Section 11, relating to the copyrighting of unpublished works, is broadened to cover works prepared expressly for radio broadcasting. Section 23 provides for a copyright term of 56 years, with no extension, in lieu of the present term of 28 years with renewal for a like period. The new period would automatically apply to works registered prior to the date the new act becomes effective. The penalty provisions for infringe ment in Section 25 are amended to give the owner of the copyright the right to secure an injunction to re strain infringement; to collect such damages as he may have suffered through infringement, as well as all or such part of the profits which the infringer shall have made as the court may decree, or to collect, in lieu of actual damages and profits, such sta tutory damages as the court may hold just. In proving profits in infringement cases the plaintiff is to be required to prove only sales, rentals, license fees or other revenue derived from any Loew in Move to Build Eight or Ten at Chicago {Continued from page 1) mated from $6,000 to $7,000 weekly to the distributor. Louis K. Sidney has been shuttling back and forth between the Windy City and here on a site hunting job and the project has now advanced to the point where sites are lined up and blueprints have been prepared by Architect Thomas Lamb, who has prepared plans for many Loew theatres throughout the country. Sidney plans to leave for Chicago in a day or so. Joe Vogel of Loew's would not comment on the report, but it is understood that a number of the company's representatives are now in the Windy City negotiating for the sites and also a few theatres. Chicago, Feb. 25. — Five representatives of Loew's theatre department are here investigating, according to reports, sites for Loew houses. A canvass of prominent local architects reveals that the construction move is known in these offices, but none will admit outright he is in on any of the plans. Another report has it that, if and when the houses are built, they will be managed by Jones, Linick & Schaefer, but at the offices of the circuit no comment would be made. It is known that the late Marcus Loew had a gentleman's agreement never to compete with J., L. & S., which, it is pointed out, would make the Chicago circuit the logical partner in any Loew invasion here. The exhibitors who would be affected are not sure the move is serious, but take this attitude: "Let them build if they want to ; there is nothing we can do to stop them. But it's a pretty situation if distributors are going to set up competition every time they can't get what they want." The sites for the proposed houses must be carefully chosen since B. & K. has an M-G-M agreement running several years which precludes Loew competition. disposition of an infringing work, and the defendant shall be required to prove every element of cost which he claims. It is also provided that in the setting of statutory damages, the limits for unauthorized motion picture exhibitions shall not be less than $100 nor more than $10,000 for all infringements of a copyright by any one infringer up to the date of suit. The plaintiff is required to show that at the time of alleged infringement the work had either been registered or that notice of copyright had been affixed thereto, before he is entitled to any remedy other than an injunction or the fair and reasonable value of a license, in a sum not more than $2,500 as determined by the court. If the defendant proves that he has been subjected to fraud or substantial imposition by any third person and had acted in good faith, the plaintiff may only recover for all infringements to the date of institution of suit, an amount equivalent to the fair and reasonable value of a license, but not less than $50 nor more than $2,500. Section 41, differentiating between the transfer of copyright and the transfer of the material object copyrighted, is expanded to provide that independently of the copyright, and even after its assignment, the author retains the right to claim authorship as well as the right to object to every deformation, mutilation or other modification of the work which may be prejudicial to his honor or reputation, but this is not to limit full freedom of contract between the author or owner of a work and an assignee or licensee thereof. A new section authorizes the President to take steps necessary to make the United States a member of the Union for the Protection of Literary and Artistic Works. With the exception of this section, which would become effective upon passage of the bill, the measure would go into effect July 1, next. A. C. Scales Quits Board San Francisco, Feb. 25. — A. C. Scales of the local Chamber of Commerce has resigned as an impartial member of the grievance board. FWC to Protest on Los Angeles Zoning Although Campi has approved the Los Angeles schedule in toto, Fox West Coast is planning to protest a number of its provisions as unworkable, Motion Picture Daily learns. Unless certain modifications are made, F.W.C. will ask Code Authority to delay putting the plan into effect on March 31, the date set last week by Campi. According to Code Authority's plan, the schedule is to be put on a test basis for 60 days, but F.W.C. contends this may prove disastrous to the circuit. Charles Buckley, attorney, and Mike Rosenberg, a partner of F.W.C, are in New York discussing the schedule and it is believed they will request a hearing before Campi on Thursday to put before the body its stand on the issues involved. Edward Alperson, who returned from a survey of the coast houses late last week, may at tend the meet. The circuit's contention is that Los Angeles and southern California are two of the most important and com petitive situations in the country and that distances mean nothing because there are two cars for every person in Los Angeles. The territory abounds in overlapping areas and the problem is a serious one with F.W.C. Executives of the circuit believe it a mistake to test out the first schedule in such an important territory. They hold that a smaller area where the competitive situation is not so ticklish should be the first spot for giving a schedule a tryout. Goldwyn on Way Here Hollywood, Feb. 25. — Samuel Goldwyn is eastbound with his wife to confer with Hal Home, United Artists publicity and advertising chief, on exploitation of "The Wed ding Night." Rename Saenger Theatre New Orleans, Feb. 25. — Saenger Theatres have renamed the Marion Theatre at Clarksdale. The new name is the Paramount. TOCC-ITOA And Circuits Drop Contact (Continued from page 1) cedure was put over for another session when a discussion of forcing of shorts on exhibitors developed into an all-afternoon affair. The next break followed when the T.O.C.C. refused an invitation sent out by former Senator Henry J. Walters to have a representative on hand at a meeting held Feb. 15 to discuss three pending bills in Albany. Charles L. O'Reilly forgot there was a meeting and the I.T.O.A. decided it was best to keep away. As a result, the independents are marshalling their own forces and plan to act on legislative matters by themselves. O'Reilly and Brandt left last night for the Albany hearing this afternoon before the Senate committee on public education. The McCall Bill is on tap and provides for the following : 1. To maintain a standard of morality and decency in the production of motion pictures. 2. To cooperate with civic and religious organizations in the prohibiting of exhibition of pictures that offend morality and decency. 3. To prescribe forms of contract between exhibitors and distributors. 4. To approve a synopsis of the story contained in each film to be exhibited which synopsis shall be furnished by the distributor to the exhibitor at the time the exhibitor enters into a contract with the distributor. 5. To classify films into three groups : (a) suitable for adults, (b) suitable for family trade, (c) suitable for juveniles. Would Need Special License Distributors would be required to get a special license, the fee being set at $5,000 a year. Exhibitors would be required to pay a fee of $1,000. The breach between the independents and majors is expected to be extended to negotiations on the basic operators' scale. The unaffiliated men are planning to pull out of the NRA fact-finding committee and negotiate their own contracts with the I.A.T.S.E., leaving Loew's and RKO to shift for themselves. The two major circuits have been members of the T.O.C.C. a number of years, but recently stopped paying dues. The move is said to have been taken because of O'Reilly's insistent stand in favor of independents at Campi sessions. The circuits were carried on the books for a time in the hope that they would be reconciled. With Loew's and RKO out, the independent outfit is willing to go along as it has been. That the fact-finding committee is a thing of the past is seen in the conferences Louis Krouse, president of the I.A.T.S.E., has had with Brandt within the last few days. O'Reilly is understood to have had several conferences with George Browne, president of the international, on a pact for members he represents. Efforts to merge the two independent exhibitor units are near the point of consummation. A minority group of the I.T.O.A. is reported ready to force Brandt out, but the majority wing is heavily in favor of his continuing at the helm.