Motion Picture Daily (Oct-Dec 1948)

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4 Motion Picture daily Monday, October 25, 1945 U. S. Rejected (Continued from page 1) sented to Assistant U. S. Attorney General Herbert Bergson last week by a legal delegation headed by James F. Byrnes and Samuel Rosenman. Justice officials, however, viewed the new proposals as still inadequate and remained adamant on a minimum of divestiture of all but showcase theatres in cities over 100,000 population. The companies feel they could do as well or better by continuing in court, even if they were to lose the forthcoming final rounds. They take the position that unless the Department is willing to concede some ground in its divestiture demands they are without any inducement to discuss a decree further. Attorneys for the four companies are reported to have conferences slated with company heads early this week to decide whether to continue negotiations or forget them and concentrate on preparing for trial Nov. 8. Stanley Hearing Is Postponed to Nov. 8 Washington, Oct. 24. — Date for argument in the suit by K-B Amusement Co. to force Stanley Co. out of the jointly-owned MacArthur Theatre has again been set back, this time to Nov. 8. French Set Rules (Continued from page 1) tion must rest with the French ; at least one French version of the production must be made and registered ; the French alone have the right to arrange distribution in France and Western Europe ; income, both in France and abroad, will be divided on a pro rata basis. M. Fourre-Cormeray, director general of the Centre National de la Cinematographic, whose approval is necessary for such enterprises, has stated the conditions on which approval will be granted in a letter to Frank McCarthy, of the MPAA. BFPA To Examine (Continued from page 1) ing terms for his product irrespective of the opinions of rival distributors. Nevertheless, the present situation has its ironical aspects in view of the fact that Rank is president of the BFPA. Rank originally considered sliding scale terms rising to a maximum of 60 per cent, later shaving the maximum to SO per cent for a complete program. After continued exhibitor protests, he reached a tentative agreement with the CEA general council 10 days ago calling for a sliding scale from 33 to 50 per cent, with intermediate breaks at 40 and 45 per cent. The agreement reportedly called for an exemption ceiling for theatres grossing $600 weekly instead of the former $500 ceiling. Other distributors, through the Kinematograph Renters Society, were critical of the proposals and indicated they would refuse to go along. Ascap Extends (Continued from page 1) the "peril" of clearing music rights through Ascap members singly. Ascap made known its new stand on Friday in answering a brief submitted by the plaintiffs. Ascap now assures that "in no event could the picture performing rights be asserted or enforced against them (the plaintiffs)." This new development is sajA to have industry-wide significan&A , :cause final judgment in the case aid be used as a precedent by exhibitors, other than the immediate plaintiffs, bent on legal action against Ascap. Ascap does not concede, however, that the copyright proprietors should sell public performance rights to film producers simultaneously with the licensing of synchronization rights. Plaintiffs insist that should be the procedure. Cohen Trust Suit (Continued from page 1) joined with Century in the maneuver, charging that Century compensated R. and G. for its losses in over-bidding because Century's Farragut Theatre stood to profit. Cohen states that R. and G.'s Granada won clearance over both Cohen's Albermarle and Century's Farragut, but waived the clearance over the latter. The plaintiff charges that he took over the Albermarle on a 15-year lease on June 1, 1948, and that previously it was operated by Century. When Century had the Albermarle the house had clearance, Cohen continues. He states that the loss of clearance has impaired the value of the Albermarle to the extent of $400,000 damages, which would be trebled under the anti-trust law. Although RKO is the only distributor named, Cohen asserts that the other defendants attempted to coerce other film companies to give the Granada clearance also. Conciliation Tie (Continued from page 1) TOA spokesman who explained that the proximity of members' circuits to distribution headquarters makes it relatively easy for circuit heads and distribution executives to meet for discussions of those problems which arise from time to time. MMPTOA conciliation machinery would therefore be superfluous, he safd. 'Baby' Premiere Set San Francisco, Oct. 24. — Third world premiere by 20th Century-Fox during the Spyros P. Skouras 35th anniversary celebration will be staged at the Fox Theatre here on Nov. 3 with "When My Baby Smiles at Me." Rodney Bush, 20th-Fox exploitation manager, is here from New York to set up advance arrangements. The other premieres in the 13-week celebration are "Apartment for Peggy," which opened in Detroit on Sept. 30, and "The Snake Pit," which will start at the Rivoli in New York on Nov. 4. WANTED Booker for distribution. Shorthand and typing. Apply: SIRITZKY INTERNATIONAL 250 W. 57th Street New York City Phone: CO 5-3871 BOB HOPE is on the Road to Ruin with JANE ROSSO* ^ i i n AnrnT t a * m ; r c~ i i _ Produced by ROBERT L. WELCH Directed by NORMAN Z. McLEOD Original Screenplay by Edmund Hartmann and Frank Tashlin • Additional Dialogue by Jack Rose or y our chrIst Mas