Motion Picture Daily (Jan-Mar 1955)

Monday, February 7, 1955 Motion Picture Daily 7 Hits Tall TV Propaganda {Continued from page 1) Donald (Zenith president) would invade with his peculiar brand of crass commercialism, belongs to them," Myers says, and adds : 'No Pre-emptive Right' "McDonald has no pre-emptive right to the air, not even a squatter's right ; he can exploit it for profit only if the Government authorizes him to do so. The pending petitions before the Federal Communications Commission, filed by Zenith and other gadget makers, involve complicated and serious issues of fact and law. They raise the question whether TollTV constitutes 'broadcasting' within the meaning of the Communications Act and, if so, whether such broadcasting would be in the public interest. The act contemplates that determinations of such far-reaching importance and gravity shall be based upon full hearings. Yet McDonald, in the Sooner tradition, has jumped the gun and is demanding that TollTV be approved instantly, without any hearing whatever. "Counsel for the Joint Committee has filed an able brief in opposition to this motion; but in the meantime McDonald's propaganda barrage continues its incessant ra-ta-tat. "Steps must be taken to put all this in proper perspective and to remind the people, and perhaps a few public officials, that it is in the American tradition for government agencies to hear patiently and fully all who are threatened with injury by any prospective official act. With their business and investments at stake, exhibitors are not called upon to apologize for taking the necessary steps to protect their interests. They should be permitted to urge upon thev. Commission the view that Toll-TV does not constitute 'broadcasting' within the intendment of the Communications Act. Toll-TV more nearly resembles door-to-door shipments than broadcasting," the report says. "Even if the Commission should finally conclude that it has power under the Act to approve Toll-TV, it still would have to comely with the statutory requirement that it deter Allied-TESMA-TEDA Conventions Set Special to THE DAILY ST. LOUIS, Feb. 6.— Allied States has salved its irritation with TESMA-TEDA, dating back several years, and will hold its annual convention in Chicago next October in conjunction with the huge trade show and exhibit the two equipment groups sponsor there annually. Originally, TESMA-TEDA planned to alternate its trade show with Theatre Owners of America and Allied annual conventions but the break with Allied resulted in the last two exhibits going to TOA conventions. A proposal that TOA hold its convention this year in conjunction with Allied's and the trade show appears to be out. TOA's meet presently is " planned for Los Angeles in November. mine whether such service would be in the public interest. Such a determination would involve the resolution of the question whether Toll-TV is feasible from an engineering" standpoint. It is true that tests were author ized for some of the devices, but these were conducted by the owners themselves and the results fall into the category of ex. parte evidence. Moreover, in the case of Zenith's Phonevision, the test was made with a device quite different from the one that the company now insists shall be approved without so much as a look-see. And on the broader aspects of the public interest, such as the propriety of requiring set owners to pay for programs which they were told would be free when they bought their sets, the obligation of the Commission to hold open hearings is manifest. Nor would it be proper to resolve such questions on the basis of questionnaires sent to representatives of the public at this time. "The Toll-TV propaganda has a head start and has made devastating headway and it will take sometime for the theatre men and other interested business interests to expose the falsity of much of that propaganda," the report says. On the product shortage, the Myers' report reviews actions attempted by Allied to effect relief, such as encouragement of the Makelim production plan and endorsement of other plans for production advanced by non-Allied exhibitors, and the idea of acquiring securities of large production-distribution companies with the idea of influencing their policies in the direction of increased production. Decision 'Rests with Board' Of the latter idea, the Myers' report says : "This plan never was formally abandoned and whether it shall be revived now or hereafter rests with the board.' However, the report notes that "with the film companies' earnings zooming through the roof to new and undreamed of heights, it would be difficult to persuade most stockholders to interfere with the management." Of the Makelim plan, the report says : "Thus far the acceptable exhibition contracts on hand do not aggregate the amount of film rental per picture which he says he must have before starting his first picture." It adds : "Makelim is slowly making headway, he says his goal is in sight and he is definitely going ahead with his project." Of production prospects, the Myers' report says: "No accurate forecast for 1955 is available; but based on recent performances, the studios cannot be expected to increase materially 1954's gaunt total. It is apparent, therefore, that exhibitors must look to independent producers for relief from this sellers' market." Making no recommendation to the board for action on the matter of seeking Federal regulation of the industry in lieu of working out trade practice reforms internally, Myers does remind the board that "as Allied's governing body, it has full discretion in .this . ..matter and is not bound by the delegates' views, although they are entitled to the most respectful consideration. Also, it is clear that the 'discretion' mentioned in the convention resolution was not intended to restrict the board to a 'yes' or 'no' answer on the subject of immediate legislative action. "If the board feels that the Emergency Defense Committee is making progress and that it should continue its efforts for an additional period before approaching Congress, it is within its province to so order. Could Defer Action "Or the board may properly defer action on the legislative front for a reasonable time in hopes that a top level industry conference may be forthcoming, and that it will do some good." Of film terms, Myers reports that he. had attempted to evaluate all types of communications from exhibitors reaching his and other Allied offices to determine what was uppermost in exhibitors' mind today, and that he had concluded it was the subject of high film terms. "The 'must' 50 per cent picture is given top billing in exhibitor complaints," the report states. "It would be timely and very popular with exhibitors for this board strongly to denounce terms of 50 per cent or more for sub-run and small town houses. No greater boon can be conferred upon exhibitors than to halt this trend toward a 50 per cent minimum for pictures." Sees No 'Sales Manager' Aid The report adds that exhibitors are not likely to get the relief they hope for in terms from sales managers and, therefore, must reach "those who may be wise enough to see the need for moderation in customer relationships and have the authority to effect the necessary reforms ... in order to secure substantial relief with respect to film rentals without legislation." Propose Allied-TOA Meeting on EDC A proposal that a small committee of Allied States Association members and a committee of Theatre Owners of America leaders hold a joint meeting to discuss the matter of TOA's Support of Allied's "declaration of emergency" has been made by E. D. Martin, TOA president. This was revealed in a letter by Ben Marcus, Allied president, to Martin, in answer to the latter's proposal of such a session. Marcus told Martin that he would submit the suggestion to the Allied board which is currently in session in St. Louis. Calls Unified Action Urgent "Our problems are fairly identical and numerous," Marcus wrote in his letter to Martin. "For these problems to be properly solved, requires unified action and intelligent thinking of all exhibitor groups in this country. I repeat, and again extend an invitation to all exhibitor groups to join in the support of Allied's "declaration of emergency and the actions initiated by Emergency Defense Committee." The letter indicated that reports that TOA was opposed to the EDC were erroneous. Marcus has announced that he would not be a candidate for reelection as Allied president. Allied Threatens to Use a Callithump Special to THE DAILY ST. LOUIS, Feb. 6.— "If company heads refuse to meet with exhibitor leaders (on grievances)," Abram Myers, Allied States chairman and general counsel, says in his annual report, "then those leaders may want to consider treating those executives to a callithump that they cannot ignore." (Ed. note: "Callithump" is listed in only the largest dictionaries. Definition: A boisterous parade with the blowing of tin horns and other discordant noises.) 'Photoplay' {Continued from page 1) ances in "Dial M for Murder," "Rear Window" and "The Country Girl," while Madison was chosen for his playing in "The Command." A gold medal will be given to "Magnificent Obsession," which was chosen by the public, according to "Photoplay," as the most popular film of the,, year. In addition, gold medallions arid special certificates will be presented to Ross Hunter, the film's producer, Douglas Sirk, the director, and Robert Blees, the writer. Special bronze achievement plaques will be awarded during the Thursday banquet to Y. Frank Freeman, of Paramount, for Vista Vision; Van Johnson, for outstanding dramatic performances in "The Caine Mutiny" and "The Last Time I saw Paris ;" Danny Kaye, for "excellent representation" of the industry as "ambassador-at-large" of the United Nations International Children's Emergency Fund; and Otto Preminger, "Carmen Jones" producer. MPAA to Host Reviewers Arthur DeBra, director of community relations for the Motion Picture Association of America, will be host at the Hotel Picadilly luncheon at 12 :30 p.m. today for some 200 representatives of film reviewing organizations. : George Murphy, M-G-M studio public relations director, will be a guest speaker. 7 DAYS IN HAWAII $469 (from New York), including round -trip transportation and hotel accommodations Fly United DC-6 air tourist service all the way, with stopover on the West Coast, if you like. Only United features 2abreast seating and wide center aisles on all planes. UNITED AIR LINES COMPARE THE FARE AND YOU'LL GO BY AIR