Motion Picture Daily (Jul-Sep 1960)

ly, August 16, 1960 Motion Picture Daily 5 hida Theatre Opens n hopping Center Special to THE DAILY ¥ ptlPANO BEACH, Fla., Aug. 15. '■i'fljral Drive In Corporation jgji its new Cinema Theatre at ° ''fliers Haven here late last week ' Wither step in its expansion and Hification program. This is the f ten indoor suburban shopping theatres to be built and put ; ' to 'peration by the company dure next 18 months. Opening film Earner's "Ocean's 11." leral Drive-In is an outgrowth former Mid-West Drive-in TheInc, managed by the Smith cement Company of Boston. Just weeks ago it moved into the died recreational and liesure-time vith the announcement of a $10 a project for the construction modern bowling centers at variDcations throughout New Eng AFM Sues to Halt WB Sale of Films to TV riti nil; ite \'oti its shopping center theatre prothe company is currently con'ing theatres at Bayshore Plaza >ing Center, Sarasota, Fla., uled for completion in SeptemBel-Air Plaza, Daytona Beach, opened in late fall; and Menlo Shopping Center, Menlo Park, which will be completed in winter. 3 company, which also operates lation's second largest chain of or drive-in theatres, will shortly mce locations in the north and est for the remaining six shopla! center theatres it plans to build g the next year and a half. — I as ) I isztj Sly lope tliei pro? [ays, m vr. Ha «1S miiigham Services {Continued from page 1 ) i n" and "From the Vine Came j 3rape"— was 70 years old. He si i as president of ASCAP from 1959 and had been a member ie organization since 1921. nley Adams, president of the Sosaid yesterday: "The loss of Cunningham to ASCAP has been y great one indeed. It is not only ociety which suffers this loss, but ■ man and woman in this counvho is interested in the field of | Paul was a courageous and sinfighter for the rights of all muy creative people, and his efforts ighout the nation on behalf of ■ people will be sorely missed." inningham is survived by his w, Florence Cunningham. His is reposing at the Abbey Funeral ;r, 66th Street and Lexington S>ue. Interment will be private, at of Heaven, Valhalla, N. Y. td Rights Acquired DNDON, Aug. 15. Columbia ires has acquired distribution ts for Britain and the CommonIth of "La Dolce Vita" (The et Life), Federico Fellini's proion which is currently the most ussed film throughout the Conit of Europe. "La Dolce Vita" have its London premiere at the rmbia Theatre here following the of "Song Without End." ( Continued from page 1 ) without prior negotiation with and consent of the Federation. Specifically, the court is petitioned to decree the contracts valid, to compel specific performance of them by Warner Bros, and to enjoin completion of the transfer to Creative Telefilms & Artists, Ltd., the Toronto company that plans to market the films to TV. Wording Is Guarded The complaint recites that "according to information and belief" Warners was to receive a payment of $11,000,000 on Sept. 1 for 122 movies and was to share equally with the Toronto agency in all receipts realized over the first $11,000,000. Commenting on the suits, Kenin said "I am persuaded that the courts will not tolerate a callous disregard of a pledged commitment to negotiate with the Federation to obtain prior consent before the televising of these films. We shall, of course, pursue the same policy toward any and all other contracting parties whenever necessary to protect the rights of our musicians. "If, as we confidently hope, the court sustains our position, adequate re-use payments to the men who played for the sound tracks of the films will be a prerequisite in our negotiations." Says All Majors Signed Kenin explained that all of the major motion picture producers signed similar contracts with the AFM covering the same period of time as the contracts signed by Warner. In an affidavit accompanying the petitions Kenin said the prior consent clause was designed to "insure that the work product of its members working in one industry (motion pictures) be used in an entirely different medium (television) only upon such terms and conditions as the Federation felt would best and most equitably serve the legitimate interests of its members." Among the conditions to its written consent in any new agreement with producers Kenin listed, in addition to direct payments to musicians, a promise that the producers halt their growing practice of making new sound tracks abroad. Instead, he said, they must agree to use "only fairly compensated and protected American musicians." Claims Promotional Motive "In the past," he said, "the Federation conditioned its consent on the making of payments to the Musicians Trust Fund to promote the utilization and appreciation of live musical entertainment. "In short, the Federation does not seek— and, indeed, under the TaftHartley Act cannot obtain— any money payments from the defendant, Warner Bros. Pictures, Inc. For that reason, it becomes impossible to measure any damage to the Federation in money terms growing out of the breach of the contract provision in question." Kenin said he had written twice to Jack L. Warner requesting that negotiations commence looking to the establishment of terms and conditions for the granting of the Federation's written consent. "On August 5, I received a reply dated August 2£ to that letter, written by the Association of Motion Picture Producers, Inc., on behalf of several producers including the defendant, denying my request . . . "The basic right asserted by the Federation is that of negotiating the conditions under which its members' work product shall be exhibited on television. If the defendants convey the films and the sound tracks for use without the Federation's consent, the Federation, presented with a fait accompli, would be limited to suggesting means of vindicating its lawful rights. "But this would be meaningless since the Federation will have nothing to negotiate with. Defendant will already have usurped the only thing which the Federation has to offer, its power to prevent television use without its prior consent. The Federation will be reduced to taking whatever, if anything, defendant offers, having no means (nothing to withhold or offer) wherewith to compel serious consideration of its proposed terms. "This is not bargaining; it is beg ging, and would render a mockery of lawful rights secured by lawful contracts. Thus, unless defendant is immediately enjoined from delivering the films and sound tracks to Creative (the Toronto agency) it would be unjustly enriched by its own breach of contract to the Federation's irreparable loss. "Unless the defendant is so restrained it will undoubtedly proceed with its announced intention of carrying out its licensing arrangement with that firm. Such action at this time would be in clear and open violation of the plain terms of the collective bargaining agreements between the parties." The show cause order is returnable ' a week from today. Henry Kaiser, general legal counsel for the AFM, is representing the union. Liccardi Rejoins 4f/' Vincent Liccardi has joined Universal's "Spartacus" road show unit as a publicist and assistant in cooperative advertising, it was announced by Jeff Livingston, executive coordinator of sales and advertising for the company. Liccardi formerly served in Universal's cooperative advertising department and more recently was associated with the Michael Todd Company as assistant advertising manager. ALL ROADS LEAD TO . . . CHATHAM, CAPE COD, MASS. Exhibitors, Suppliers, Distributors ! ! Are Invited to Attend the 29th ANNUAL REGIONAL CONVENTION of INDEPENDENT EXHIBITORS, INC. and DRIVE-IN THEATRES ASS'N OF NEW ENGLAND At the Famous CHATHAM BARS INN — SEPTEMBER 13-15 SPECIAL Thursday Afternoon Business Meeting Speakers: C. Glenn Norris— General Sales Mgr. 20th Century-Fox Henry 'Hi' Martin— General Sales Mgr. Universal Pictures Norman Knight— President Yankee Network Send Requests for Reservations Now! to INDEPENDENT EXHIBITORS of NEW ENGLAND 36 MELROSE ST. BOSTON 16. MASS.