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4
Motion Picture Daily
Thursday, October 28, 1948
M/ITCH
picture has the most lauCfktep... of course iti
*
YOU
GOTTA
' You Gotta Stay Happy
99
(Continued from page 1)
knowing why. Somewhere between New York and Burbank, interrupted by a forced landing on Percy Kilbride's farm in Oklahoma, love is born. It hits Joan first and Stewart latterly, but in both instances it is like a three-point landing, after the first marriage is annulled.
Eddie Albert is on the general scene as Stewards partner and co-pilot. Also, there is a minor secondary plot about an absconding bookkeeper and his blonde girl friend, which seems to suggest that the friend is Miss Fontaine until Stewart turns to long distance for the correct dope. In the finale, the two smitten ones resolve their spat, Miss Fontaine gets the man of her dreams and Stewart a brand-new Constellation as. well as the girl he loves. Joe, a chimpanzee who smokes cigars, is responsible for considerable of the air-borne fun.
There is an ingratiating and generally whacky air about "You Gotta Stay Happy" which gives it lift and a substance which story implausibility does little to support. This tall tale might have happened in real life, but it is not advised that any one bother about locating a parallel, if that were at all to the point. Performances in the hands of the principals are very good and so, too, are those of such supporting players as Roland Young and Kilbride. Incidental pieces of business introduced into his original screenplay by Karl Tunberg, who also produced, from a story by Robert Carson, are effective. H. C. Potter's direction reflects the spirit of the yarn, although he would have sharpened his tempo by holding down his footage.
Running time, 100 minutes. General audience classification. Release date, not set. Red Kann
Para.'s Decree
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Ascap
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completed product is concerned. This meant films made down through the years.
SIMPP, RKO Radio and others in the industry had expressed fear that they might be forced to obtain public performance rights to music in all such films unless there was filled what they considered to be a void in Judge Leibell's original opinion. Judge Leibell further held that a member of Ascap by the expedient of resign ing from the Society would still "not be entitled to collect on his past illegal conduct in splitting the public per formance and synchronization rights."
'No Court Would Aid Illegality'
"It is not likely that any court would lend its process to enable either Ascap or its members to profit from what they have already done in fur therance of their illegal conspiracy," Judge Leibell maintained.
The court devoted most of its 13page commentary of yesterday to an amendment to its controversial conclusion No. 27 which originally held that Ascap should divest itself of motion picture performance licenses and assign them back to the copyright owners. This was strenuously objected to by Ascap.
Provision "A" of that conclusion has been amended to read : "Restraining Ascap from attempting directly or indirectly to enforce the motion picture performance rights of any musical composition against anyone as long as Ascap continues as an illegal combination and monopoly.
"And restraining Ascap members from attempting either directly or indirectly to enforce against anyone the motion picture performance rights of any musical composition of which they have granted motion picture synchronization rights to motion picture producers."
Seeks to Avert Disputes
Judge Leibell said his changes were made in an effort to avert the "probability" of disputes and litigations involving copyright ownerships if Ascap were to be divested of licensing rights. He said, too, that there is "doubt" that the New York court is empowered to order such divestiture in a private suit. He noted in this
regard that the Government now has two suits before the same court against Ascap, presumably referring to a decree of 1941 under which Ascap now is operating and a Department of Justice action now pending attacking Ascap's affiliations with counterparts in foreign countries.
He said at this point that the plaintiffs in the New York case may ask to intervene in the Government actions if they are desirous ©f pressing for divestiture. Plaintiffs are thereupon told to submit a new proposed decree, one that would be "clear and concise and adjudicating only the basic questions on injunctive relief." Defendants were told that they might submit a memorandum in the form of a decree.
While reversing itself on the divestiture issue, the court left intact the remaining provisions of Conclusion 27 which prevent the splitting of public performance and synchronization licensing, directing one ownership (the producer's) of both rights, and the assignment of both rights to the producer at the same time.
O'Donnell Bidding
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ber of local business men, some of them close to Hughes.
The report could not be verified
locally. . ' ,
O'Donnell is vice-president and general manager of Interstate Theatres and one of the nation's top showmen.
Principal financing of the Texas group is described as being "Houston money," which would support O'Donnell as active operator of the theatres. It is also understood that he would head a new company which would be formed to take title to the properties, RKO's divestiture of which is expected to result in a consent decree eliminating the latter from further phases of the Government's anti-trust suit.
Shortly after Hughes acquired control of RKO from the Floyd OdiumAtlas interests, early last May, O'Donnell was mentioned as being under consideration by Hughes as head of the RKO studio. O'Donnell at that time spent several days in Hollywosd with Hughes but subsequently denied the studio report.
Hughes and the RKO board are scheduled to meet on the Coast on Friday to consider a proposed settlement with the Department of Justice in the New York case by theatre divestiture. '
was unaccompanied by representatives of other theatre-owning companies in the suit, gave rise to reports that Paramount, like RKO, had elected to pursue individual negotiations with the Department, separate and apart from Loew's, 20th Century-Fox, and Warners. imn
Adding strength to the r^lin.4 was the disclosure that Paramount had not been represented at the meeting in Washington last week with Herbert Bergson, head' of the anti-trust division of the Department, at which the companies' latest decree proposals were rejected.
It was ascertained, however, that Goldenson's mission, while looking to a decree agreement for Paramount, was concerned solely with divestiture considerations peculiar to that company and was undertaken with the knowledge of the other three companies. Paramount not only owns many more theatres than the other three but the bulk of its operations, unlike those of the others, is in partnerships.
It was also learned that Paramount's lack of representation at last week's meeting was due to out-oftown business engagements of its representative, which prevented him from attending.
Goldenson reported the results of his meetings to Barney Balaban, Paramount president, by telephone to Hollywood before leaving Washington yesterday.
No information on the new Paramount proposals was available, but Motion Picture Daily yesterday reported that the company would adhere to the principle of giving up only such theatres as were not operating in "very substantial competitive situations" and that the company had no intentions of giving up all of its partnerships nor of "destroying its theatre properties."
No further decree discussions between the Government and Loew's, 20th-Fox and Warner are scheduled either at this time, it was learned.
RKO, pursuing its separate divestiture course, however, is still in negotiation with the Department, with indications that an agreement could be reached soon.
Technicolor Net
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and general manager, sard that profits for the third quarter diminished compared with the second quarter because of a temporary slowing down of operations due to cutting-in some new machinery as part of an expansion program scheduled to be completed by the end of the year.
Peerless in Two Deals
Peerless Film Processing Corp., New York, is extending Its service to the Midwest, Reid H. Ray Film Industries, St. Paul, and Atlas Film, Oak Park, 111., having installed Peerless processing equipment in their laboratories.
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