Motion Picture Daily (Jul-Sep 1948)

Thursday, July 22, 1948 Motion Picture Daily 3 Reissues Hit (Continued from page 1) put to extreme difficulties to locate individual owners of the copyrighted music in their pictures and might incur extraordinary costs in acquiring the rights. It was pointed out that in many cases such distributors, if they could identify the copyright owners and locate them, might have to deal trusts, estates, attorneys and (~"~]r representatives and their negofOmg position would be disadvantageous inasmuch as it would be known the pictures in question could not be sold without performing rights 1 clearance for the music they contained. Industry attorneys and other trade observers were agreed that the most telling factor in Ascap's loss of the ITOA case, where it had been victorious in all previous cases of the kind including one brought by the Government which ended in a consent decree favorable to Ascap, was the Society's exhorbitant demands made upon exhibitors last August. Unrestrained Demands The New York court decision cited the increases in theatre rates demanded by Ascap, which averaged about 300 per cent, as evidence of its monopolistic power and latent ability to injure. Thus most industry observers see the decision as one having been courted by Ascap itself through its unrestrained demands. Presently, the Society is seeking even higher rate increases from theatres with regular stage show policies. The general trade feeling now is that Ascap no longer is in a position to press those demands. Attorneys also pointed out that the recent U. S. Supreme Court decision in the Paramount case contributed to Ascap's defeat in the ITOA case. The New York court referred to the Supreme Court decision finding block booking illegal to justify the local court's finding that the pooling of copyrights of Ascap members for the issuance of blanket licenses is equally illegal. To Re-Release "Ape" Jules Levey, independent producer, has concluded a deal with Film Classics for re-release of The Hairy Ape." Allied on Ascap (Continued from page 1) and Weisman on the successful outcome of the litigation. I hope that Judge Nordbye will promptly follow this precedent in deciding the Berger case. . , . "Allied has been fully vindicated in its refusal to appease Ascap by entering into contractual relations with it. In that way Allied avoided becoming a party to an illegal compact. "Allied urges exhibitors not to be affected by propaganda that producers will add to film rentals more than the Ascap charges or will exact a separate public performing charge. Exhibitors can bargain for film rentals. They cannot bargain with Ascap. Any attempt by the producers to exact a separate charge will go the same way as the score charge. "This decidedly is a great victory for the independent exhibitors." $40,000,000 Radio Sales Washington, July 19. — Sales of radio and television equipment totalled $40,351,820 during the first quarter of 1948. RKO Meets Monday In San Francisco San Francisco, July 21. — RKO Radio's fifth and final zone meeting will be held here July 26 with Robert Mochrie, vice-president in charge of domestic distribution, presiding. A home office delegation will include Walter E. Branson, Western division sales manager; Harry J. Michalson, short subject sales manager; A. A. Schubart, manager, exchange operations, and Harry Gittleson, assistant to Mr. Branson. J. H. Maclntyre, manager, Western district, and A. L. Kolitz, manager, Rocky Mountain district, will also be on hand as will the following branch managers : J. C. Emerson, Denver ; G. Davidson, Salt Lake City; E. A. Lamb, Seattle : R. H. Lange, Portland ; H. C. Cohen, Los Angeles ; J. P. Smith, San Francisco, and Ollie Watson, sales manager in the latter exchange. Censor Board Doubles Adult Film Listings Toronto, July 21. — The Ontario Board of Censors has apparently tightened up on its classification of features for adult patronage, according_ to the report for June during which six pictures were rated as adult entertainment. The list: "Blanche Fury," "Road to the Big House," "Furia," "Dear Murderer," "Mark of Cain" and "Hatter's Castle." The adult list for May had only three pictures. Theatre Robbery Ottawa, July 21. — Heavy safe containing over 500 dollars in cash was among items stolen from manager's office of Elmdale Theatre here. Authorities are investigating. New Bldg. Code (Continued from page 1) Inc., declared that such a provision "would work severe hardships on many smaller theatres." His view was supported by representatives of Metropolitan Motion Picture Theatres Association. Most of the hearing was devoted to an interpretation of the language of the proposed code as well as comments on its provisions. After reviewing the comments made at these hearings, as well as other suggestions that can be submitted up to Aug. 31, the board is expected to draw up a final draft. Lamont Objects Another source of objection yesterday rose from Harry Lamont. up-state drive-in owner, who saw as "unfair" a provision which would bar walk-in spectators from drive-in theatres. He pointed out that many drive-ins provide annex parking spaces for overflow cars, with seating accommodations provided for these passengers. He also objected to a provision that drive-in screens and screen structures should be made of incombustible material. Other Aspects The question of whether resort hotels that occasionally show motion pictures should come under provisions for theatres came in for considerable discussion and will be regarded by the board. William H. Roberts, chairman of the board, presided at the meeting, and John Coggeshall, State Industrial Code Officer, was moderator. RCA Has 7-By-9 Ft Television System RCA Victor yesterday reported it has begun initial distribution in television network areas of new commercial equipment which produces video pictures on screens ranging from three-by-four feet to six-by-nine feet. The 63-square-foot image can be obtained by placing the projector 17 feet from the screen. A special focusing system permits adjustment for a shorter projection throw, providing a smaller image, it was said. The equipment was designed for use by theatres (in lobbies and mezzanines), hotels, clubs, hospitals, schools, etc. UK Studios Install 46 W. E. Recorders Robert J. Engler, recording manager of Western Electric Company in England, who has returned to the U. S. for conferences with officials of Westrex in New York and Hollywood, reports 46 Western Electric recording channels have been installed or are being installed by 12 studios in Britain. Production activity among W. E.'s British licensees, he adds, is on the rise, with some new sound stages being built. .During Engler's absence from London, his post is being filled by Reeve O. Strock, recording Westrex manager. Phila. Combine Will Bid for WB Houses Philadelphia, July 21. — William Ehrenberg, head of a local premium firm which serves Warner and other picture companies, has formed a syndicate which is planning to offer Warner Brothers a bid to take over all their theatres in this zone, which includes Philadelphia, New Jersey, Delaware and up-state Pennsylvania. According to Ehrenberg, the syndicate is made up of 14 prominent localites who are "definitely" prepared to make a $5,000,000 initial deposit as first payment. Within the next week or 10 days they expect to send a committee of about five persons to California to contact Warners. TOA on Decision (Continued from page 1) mean that the owners "of copyrighted musical compositions will be deprived of payments for performing rights, adding that "nothing short of a repeal of that portion of the Federal copyright law could accomplish that." He asserted that "the court did not intend to infringe on that right." "For those who would negotiate for performing rights with individual copyright owners or would-be producers of films as part of film cost rather than with Ascap," the TOA statement further said, "the decision represents a great victory. For others it means either the creation of a new, involved and most difficult system of doing business with the individual copyright owners or a compulsory surrender by exhibitors to the producers of motion pictures of their privilege to negotiate with one central agency concerning the amount which they as exhibitors shall pay for performing rights." The TOA was instrumental in negotiating the current Ascap theatre rate, which represents a huge reduction from the fees originally demanded by the society last August. Ascap Weighs (Continued from page 1) "The Society derives relatively little revenue from theatres and if its members were to negotiate individually for _ the performing rights to their motion picture music they would more than likely obtain more than they do now for those rights and, at the same time, Ascap would be relieved of the labor, costs and taxes of handling theatre licensing." (Ascap collected almost $2,000,000 from theatres last year.) The official pointed out that in states which had enacted anti-Ascap legislation, causing the Society to withdraw, the resultant confusion inevitably led the users of performing rights to petition the states to repeal or modify the legislation and thereby permit Ascap to resume operations. See No Radio Suits Ascap officials scoffed at the suggestion that radio broadcasters, hotels, dance halls, restaurants and other Ascap performing rights licensees might sue for relief similar to that obtained by the ITOA. „ "We think," said one Ascap official, that broadcasters would be genuinely concerned if they thought their existing contracts with the Society would be disturbed." It was pointed out that it would be next to impossible for broadcasters to function without the protection of blanket performing rights licenses inasmuch as they could be prosecuted for unauthorized performances of music picked up incidentally by broadcasts from convention halls, at sports events and other program sites. Industry legal quarters discounted the Ascap intimation that an appeal from the New York decision might not be taken by the Society, the general feeling being that the legality of Ascap's blanket licensing system is too important either to be ignored by the Society or to be left by it in an indeterminate state. Plaintiffs May Appeal ITOA sources intimated that regardless of Ascap's action on an appeal, plaintiffs in the case might appeal on their own from Judge Vincent L. Lejbell's denial of damages to them. It is expected in legal circles that several months will elapse before an order is entered in the ITOA-Ascap case. Thereafter, the litigants have 90 days from the date of entry of a decree, in which to file a notice of appeal with the U. S. Circuit Court of Appeals here. Indications are, in view of the importance of the case, that a stay of Judge Leibell's order would be granted pending a final decision on appeal. It is regarded as a certainty that the case ultimately would go to the U. S. Supreme Court after the Circuit court has acted. Therefore, attorneys estimate that the case may be in the courts for another 18 months to two years. It was filed in 1942. Trans Lux Acquires Dobbs Ferry House Trans-Lux Corp. has purchased the Embassy Theatre, Dobbs Ferry, N. Y., for a reported $250,000 as the first step in an expansion move, according to William M. Girden, president. The property originally was built for RKO about 20 years ago at a cost of $500,000. Greenfield and Fromme sold the house to Trans-Lux.