Motion Picture Daily (Oct-Dec 1955)

12 Motion Picture Daily Tuesday, December 6, 1955 Comments (Continued from page 1) he said that he was withholding further comment until he had read the decision, adding that he would make an analysis of the ruling for the TOA membership, which will be made public on Friday, he added. Harry Brandt, president of Independent Theatre Owners Association, upon learning of the industry's victory, declared that "justice will be done." Mitchell Wolfson, chairman cf TOA's finance committee, said, "naturally, we are delighted," adding that he was speaking for himself and exhibition in general. He, too, wanted to read the decision before commenting more fully. William Brandt and Martin Levine of the William Brandt Theatre circuit said that the "decision is great for die industry. It's terrific." From Hollywood, Robert Coyne, special counsel to the Council of Motion Picture Organizations, told Motion Picture Daily, "Judge Yankwich's decision was arrived at in a very logical manner, and is a most constructive conclusion. It was a fine, business-like decision." COMPO had been named a coconspirator in the suit. 'Moon' Case ( Continued from page 1 ) Kansas Attorney General Harold R. Fatzer said it wasn't clear whether the high court was saying that all prior censorship is unconstitutional, that the standards in the Kansas case were too vague, or that there wasn't sufficient judicial review under the Kansas censorship law. He asked die court to hear argument on the case and then issue an opinion clearly giving its reasons for whatever decision it made. The Justices, however, refused to do this, and announced today thsy would stand on the earlier statement. Acquires Wis. House MILWAUKEE, Dec. 5. Standard Theatres Management Co. here, has acquired the Walworth Theatre at Walworth, Wis. The present manager, Tom Finin, will remain there. Push Film Festival in N.Y. in '56 Wolfson Suggests Commercial Short to Finance Arbitration 16mm. Case By MURRAY HOROWITZ The exhibition of a "semi-commercial" short subject in the nation's theatres was called the "most realistic" way to raise money to finance the projected arbitration system by Mitchell Wolfson, chairman of the finance committee of Theatre Owners of America. W o 1 f s o n, who also was a member of the TOA team which worked on the arbitration draft, said the "semi-commercial" short would be spons o r e d by a large industrial Mitchell Wolfson o r g a n ization such as General Motors, Chrysler or General Mills. He said the production, distribution and screening of such a short would be used for raising exhibition's contribution to finance the proposed arbitration system. Wolfson said he assumed the next step on the arbitration draft would be to submit it to the Department of Justice and the court. He said he did not know when this would be done. Considering Several Plans In regard to financing of the system, a problem left open in the completed draft, Wolfson said a number of proposals have been discussed. For exhibition, however, he called the production and distribution of a sponsored "semi-commercial" film "most realistic." Distribution, which is supposed to match the monies of exhibition, may also raise some of its arbitration funds that way, Wolfson added. Turning to other problems, he said TOA is seeking to stage a film festival in conjunction with its 1956 convention in New York. He stressed the importance such a festival would have in inducing more talk and publicity about motion pictures. Wolfson reported that a TOA com Says TV Films Face 'Diminishing Market' The sale of old feature films to television now faces a "diminishing market," according to Mitchell Wolfson, owner of the Miami TV station, WTVJ, affiliated with the Columbia Broadcasting System. Wolfson, who also is president of Wometeo Theatres, attributed the "diminishing market" to the increase in network programming. He went on to say that his experience with WTVJ is not unique, maintaining that all network affiliated TV stations also have less of a need for old feature films. In cities with more than three televisions stations, Wolfson still saw a strong demand for old features. But such cities, he stated, are in the minority, estimating that of what is considered the 100 top markets in the U. S., less than 25 per cent have three or more stations. In response to a question, Wolfson acknowledged that the price of old feature films to TV stations has gone up, but he attributed the price boost, not to the increase in demand, but to the increase in the number of sets, which, in turn, boosts the costs to advertisers and allows the film seller to demand a higher price. Besides the greater number of programs supplied by the network, Wolfson listed the entry of the major studios into TV as another factor in crowding out old feature films on TV. mittee, composed of Walter Reade, Jr., Samuel Rosen and Myron Blank is working with the New York convention bureau on the film festival. You get MORE for Your MONEY with the Raytone HILUX JR. Screen! The HILUX JR. is Raytone's new economy-priced, high quality screen for all-purpose projection. It is a heavyweight, seamless metallic surface with fully improved sidelighting at the lowest price ever, i* See your regular dealer NOW ^z&J for prompt delivery. RAYTONE Screen Corp. 165 Clermont Ave., Brooklyn 5, N.Y. MIDWEST: Raytone Screen Corp., 401 West St. Charles Rd., Lombard, III. (Continued from page 9) and through its own instrumentalities, the restrictions imposed on the exhibition of 16mm. films. "The court finds that the factors which governed each of the defendant-producers in the establishment of the restrictions and the measures taken to insure their observance by their customers were of the type which reasonable persons similarly situated would take into consideration in making such determination. Reasonable Grounds "The court finds that the policy of the defendant-producers as to the exhibition of 16mm. films in its various phases was the result of meeting on business, economic and other reasonable grounds, similar problems, and that the policy in all its phases was independently arrived at, and was, on the whole, reasonable and did not result in any unreasonable restraint of trade and commerce in 16mm. films." In his 91-page opinion Judge Yankwich brought his finding to focus in this passage: "The object of the Sherman AntiTrust Act was stated in one of the older cases to be to preserve the right of freedom to trade. Later cases have stressed this object. However, the Sherman Act condemns only 'unreasonable' restraints. 'Restraint' Clarified "The cases recognized that if actions spring from business requirements or consumer demands they will be upheld although they may result in restraint. These criteria apply with greater force to business of the character here involved. Motion pictures cannot be marketed like other products. The system of clearances whereby protection is granted to exhibitors against competition by restricting the area and period under which motion pictures may be exhibited by subsequent exhibitors is legitimate." Los Angeles afternoon newspapers gave the Yankwich decision a big play in the evening editions, centering headline attention principally on the television aspect. To Fete Lowell Thomas S. H. Fabian and Sam Rosen of Stanley Warner Corp. will be hosts at a reception for Lowell Thomas at the Rockefeller Center Luncheon Club next Monday afternoon celebrating the completion of his new Cinerama film, "Seven Wonders of the World." The picture will follow "Cinerama Holiday" into theatres some time next year. Open New Rank House HULL, England, Dec. 5.-The new $750,000 Cecil Theatre, built to replace the old Cecil which was destroyed during the war, was opened here yesterday by John Davis, managing director of the J. Arthur Rank Organisation.