Motion Picture Daily (Apr-Jun 1948)

Tuesday. April 20, 1948 Motion Picture Daily 3 WB-Ascap (Continued from page 1) Laws on Guilty (Continued from page 1) Music Corp., an M-G-M subsidiary, were on the Ascap board. The society reminded the court that "up to the present time none of the plaintiffs nor any other motion picture exhibitor has ever requested of an individual Ascap member the right to pubVj perform for profit any of his or rnjompositions in any motion picture theatre, although such members have stood ready, able and willing to grant such licenses," adding that "'apparently plaintiffs and other motion picture exhibitors feel that it is more economical, expedient and practical to take from Ascap a blanket license, with the right to publicly perform any or all compositions in Ascap's repertoire in their theatres." The society argued that the plaintiffs "are estopped from maintaining this suit ' by reason of the fact that they themselves directly participated with Ascap as far back as 1934 in negotiating and bargaining for the rates which have been existence for over 14 years and expressed approval of such rates." Recall Brandt Acceptance Harry Brandt, head of the ITOA, was quoted as telling the press at that time : "We consider this a fair and constructive solution of a vexing question. We feel that we have been fairly treated by and that we are fairly treating Ascap." Ascap counsel informed the court that 53 Brandt houses, the majority of which are involved in the suit, "have with few exceptions operated profitably and successfully since 1939." Net profits since then were given as 52,583,873. The Mayfair, ace Brandt house, was cited as taking in approximately $1,600,000 from May, 1947, to the end of the year. "The Brandt circuit," the court was further told, "is a dominating force in the New York metropolitan area and is able to exert pressure on the distributors to obtain pictures at more favorable terms than the individual theatres in the Brandt circuit would each obtain, were they acting alone, and it thereby has eliminated competition, and has been able to enlarge its monopoly." Brandt was accused of providing his theatres with product by methods "condemned as being in restraint of trade, and is in restraint of trade." Ascap Called 'Beneficial' Ascap was defended as "a beneficial organization serving a useful purpose to the entertainment industries and not operating in restraint of trade. The society was held not to be engaged in interstate commerce. It denied license fees paid to it by the plaintiffs damaged them. In filing findings of fact and conclusions of law in behalf of the plaintiffs yesterday, Milton C. Weisman asked the court to restrain the society from obtaining the right of public performance for profit of any musical compositions used for films, from suing plaintiffs for infringement and from refusing to grant producers the right to use for profit any musical piece. The court was also urged to have Ascap divest itself of all rights of public performance for profit of music in films. In a post-trial memorandum filed with the court, Weisman charged free under bond of 510,000 pending the filing of a motion for a new trial. This must be done within five days, and the motion ruled upon within 10. Should the motion be denied, as is expected, chief defense counsel Robert W. Kenny will appeal the conviction, to the U. S. Court of Appeals, he told newsmen. The trial of the second defendant, writer Dalton Trumbo, is scheduled to begin next Monday. Trumbo is also charged with failing to respond to the question, "Are you now or have you ever been a member of the Screen Writers Guild?" Judge's Charge to Jury In his charge to the jury, Justice Curran declared that the issue to be determined was whether or not Lawson had "wilfully" refused to reply to the committee's question. Curran explained that "wilfully" means "deliberately and intentionally." Curran emphasized that a reply must be "responsive" to the question, not merely an answer of some kind. He instructed the jurors that if, on the other hand, they concluded that Lawson was "attempting to answer, but was not allowed to answer," then they must return a verdict of "not guilty." Curran declared that, as a matter of law, the House Committee on UnAmerican Activities, was validly constituted, that the sub-committee conducting the investigation of Hollywood Communist activity was also legally formed, that it was authorized to conduct the inquiry, and that the question asked of Lawson as to his membership in the Communist Party was pertinent. Defense counsel took exception to the judge's charge immediately after the jury retired. Defense Emphasizes 'Rights' Chief defense counsel Robert W. Kenny, in a plea lasting one hourand-a-half before the jury, seeking to find the scenarist not guilty, stated that the case was the "most important case to reach an American jury in the last 50 years." Asserting that the verdict would be a "landmark in the old fight of private citizen vs. public official," Kenny said, "You must decide whether Lawson was in contempt of Congress or Congressman Thomas was in contempt of the rights of the American people." Assistant U. S. Attorney William Hitz confined his summation and his rebuttal to Kenny to emphasizing the single issue of refusal to reply to a properly authorized question. He declared that Lawson was required to give an "intelligible" answer and that the record did not show such an answer had been given. Video Pickups (Continued from page 1) Doorman Finds $510, Gets 25c Reward Ottawa, April 19. — Bill Todd, doorman of the Regent Theatre here, knows that honesty pays, but its rewards in actual cash are sometimes small. He found a wallet containing S510 in the lobby of the theatre, and returned it to its owner. She rewarded him with 25 cents. Daylight Saving (Continued from page 1) Senate Group Adds To Radio Budget Washixc-tox, April 19. — Senate appropriations sub-committee has recommended that the State Department's Overseas Information program get 529,000.000 during the coming fiscal vear. This is 51,000,000 more than was voted by the House but still $5,378,000 less than was asked by the President. The Senate group stipulated that the $1,000,000 above the House total go entirely for the broadcast program. The Motion Picture Division was allotted S4,878,749 in the President's original budget, and the Congressional cuts in the over-all budget will require cuts in the film program. ists. Theatre owners in rural communities are unanimously against the bill, Brylawski believes, as well as drive-in owners, who will also be hard hit. TO A counsel Herman Levy was originally scheduled to appear with Brylawski, but a legal case will prevent him from coming to Washington, Brylawski said. Capital DST Nearer Washixgtox, April 19. — Daylight saving time for the District of Columbia moved a step nearer today when the House District Committee reported out a Senate-approved bill giving the District Commissioners power to order the extra hour of daylight. Early approval by the House is expected. DuMont Video Web (Continued from page 1) out a license from the copyright owner," Levy declares, adding: "It would also seem that televising uncopyrighted works, without a license, would be an infringement. The owner of such a work is declared to have a common law right in his work. He is protected by the law, without a copyright, even though there may have already been a performance of his work. "As to 'news events', however," says Levy, "there is no property right. Such televised material may be shown in theatres without infringement, provided, however, that no music, drama, etc., is contained in the television. . . . "In connection with this freedom to use a 'news' event it is important to determine just what a 'news' event is. For example, suppose it is assumed that the law will consider the next Louis-Wolcott fight a 'news' event: it is going to be telecast from a private, restricted place. An admission will be charged, and for the event exclusive telecasting rights will probably be given (sold) to a broadcasting station and to an advertising sponsor. The promoter of the fight is deemed in the law to have the exclusive right to broadcast from the restricted area. The problem, then, is this : is the theatre that shows the telecast to its patrons indulging in "unfair competition' by so doing? This is the most important question to be answered and may have to be determined by the courts," he maintains. "There is also involved the problem of 'civil rights'. Certain states have laws under which a person has the power to prevent the use of his name and photograph from being used for commercial purposes, without consent. It is felt by some that this power exists even in states where there is no statute. 'News' events would probably be excluded from the strictures of this law. It may very well be that when performers in a telecast give their consent to the use of their names, faces, etc., they impliedly consent to the general use thereof by theatres, and others. However, how about those other than the performers, e.g.. patrons at a prize fight or ball game?" Levy added. his company is continuing its research in large-screen theatre video. Other speakers were Dr. A. N. Goldsmith and Lee DeForest. The latter predicted that color television would become a commercial reality in three or four years. It is understood that Paramount is purchasing more television cameras and transmission equipment for use in other cities following its installation at the Paramount theatre here. And 20th Century-Fox is said to be seriously considering production for television other than the daily newsreel which it now issues for video. that the society had obtained a "stranglehold" in the plaintiffs' business by suppressing competition and monopolizing performing rights to musical compositions. The memorandum asserted that the plaintiffs "were compelled to pay Ascap, in the guise of license fees, in order to stay in business." Decision is expected late next month. DeMille Loses (Continued from page 1) the California State Constitution. He personally favored the amendment. The union then expelled him, and since it had an industry-wide union shop contract, DeMille was forced to give up his radio show. He brought suit to enjoin AFRA from expelling him, but lost in the lower courts, and today lost out in the Supreme Court. Now carrying his fight to Congress, DeMille is scheduled to testify before the House labor committee on May 11. Anti-Censorship Rally Garson Kanin, Elia Kazan. HenryMorgan, Phil Silvers, Paul Douglas, Marsha Hunt, Hary Hunter, Edith Atwater, Myron McCormick, and Morris* Carnovsky will be among film and stage personalities who will participate in an after-theatre meeting at the International Theatre tonight to protest the Cunningham theatre censorship bill now before the New York Citv Council. F-C Appoints Beier Nat Beier, veteran industry sales executive, has been appointed branch manager of the Boston exchange of Film Classics, by B. G. Kranze, FC sales chief. Beier, who has been associated with 20th Century-Fox, Selznick Releasing Organization, and United Artists, replaces Maurice Green who has resigned. Barry Halbert Dies Barry Halbert. Western district manager for Confidential Reports, died yesterday after a short illness. CFI reports here. The widow and a son survive.