Motion Picture Daily (Oct-Dec 1960)

'tiday, October 24, 1960 Motion Picture Daily Television Joday 7 I'ayola Defined REView: I ( Continued from page 1 ) ,iing rule-making proceeding." t major point in the legal opinion, pared by the law firm of Haley, llenberg and Bader, is that the v law explicity refers to films "inled for broadcasting." This should 'I be construed to encompass films itnded for theatrical exhibition, the irneys say, "simply because of a sible eventuality that an attempt f be made to sell the film for adcasting purposes years after inii release of the film for theatrical uposes. The intent referred to in I statute must be related to a film de expressly for broadcast use." Obsolescence a Factor The document also notes that it is J^hly improbable that consideraOt would be paid or received for a hly conjectural television exposure iich would take place at a time 3n the product or model involved ;ht be obsolete and no longer on market." 'ndeed, the opinion notes, "Coni'ss was patently not undertaking ("regulate the theatrical motion pic's industry or its practices." Vs the MPA lawyers see it, the }v law, when properly read in the it of its legislative history, exdes from the need for disclosure nsideration furnished for exposure a film produced for theatrical exition." 'Prominence' Important According to this legal opinion, it "clear that any prop furnished ;ly for use on a television program A not accorded any unusual or !3cial prominence beyond the idenBation which is normal and appriate under the circumstances us not create the need" for dis;«sure and announcement of supply, tfhe lawyers add that it is "equally iar that the use of the product Id not be rigidly confined to per• ming the function of a prop in a ladcast program." Thus, neither ili requirement of disclosure or of louncement would apply where the iduct furnished "is used in activs reasonably related to the pro:tion of a film." 'Fleet Deal' Treated This same reasoning, it is noted, ^Duld apply in a so-called 'fleet il' where several automobiles are !'vided to a studio for use in its eduction activities." Hie legal opinion also states that is "manifest upon the basis of a ral reading" of the applicable secl of the law that "this criminal f :ute is not to be read as retroaci in scope." This is supported by jreme Court statements that all aites are to be considered "proctive in application unless the tutory language expresses a conry intent." This would exempt all films now available to television, n considering the application of disclosure and announcement js to consideration received in The Crowning Experience Moral Re-Armament ttti Moral Re-Armament is an ideology which has been embraced by such famous world leaders as Manama Gandhi and Konrad Adenauer. Its aim is to "put right what is wrong in the world" and it declares that this can only be accomplished by starting with the individual. Rajmohan Gandhi, grandson of the Indian spiritual chief, tells it thusly, "Human nature can be changed— that is the root of the answer. National economies can be changed— that is the fruit of the answer. World history can be changed —that is the destiny of our age." This is the essence of "The Crowning Experience." By using the life story of the noted negress educator Mary McLeod Bethune as a source, Moral Re-Armament, the film's producers, here take the opportunity to tell their beliefs by using this former apostle as an example. Mrs. Bethune's is truly the glorified American success story. Born of slaves, she went on to establish a college for her race and become an advisor to two presidents. The way was not easy and the joys and conflicts of her accomplishments make for one of the most rewarding family entertainments of recent memory. The leading role of the Alan Thornhill screenplay is enacted by Muriel Smith, Broadway's original "Carmen Jones." She is reported to be a disciple of the movement, and this shines through her performance, warming the viewer with the sincerity of each speech and each song. Here is a first class performance in every way. Ann Buckles gives an equally fine picture of Sarah Miller Spriees, the struggling educator's first outside helper and lasting personal friend. The remaining supporting cast, though not professional actors, are each natural and convincing. The original songs by Will Reed and George Fraser, Paul Dunlap s musical direction, Richard Tegstrom's beautiful Technicolor photography and the direction of Marion Clayton Anderson all deserve more praise than space will allow. As of this time no distributor for "The Crowning Experience has been named, but it is understood that negotiations are underway. Running time, 102 minutes. Release date, October. William Werneth connection with a film produced for tv which went into production before the law became effective but was finished afterwards, the opinion states that no disclosure should be required "as to any consideration received or contracted for prior to Sept. 13, 1960, in connection with the preparation or production of a motion picture for television, where the principal photography of such picture was commenced prior to such date." The opinion notes that in most merchandising transactions — comicbooks, soft cover books, toys, or souvenirs identified with a program or a character or simulating in actual or child size a prop used in a film— the products are not identified in the film. In this case, the law does not apply "regardless of whether the producer shares with the manufacturer in the proceeds from the sale of such merchandise to the public." Hochstein Promoted Mort Hochstein has been appointed senior column editor, news and public affairs, it was announced by Ellis Moore, director, NBC Press and Publicity. Hochstein has been with the NBC Press Department since April, 1954, and has been a member of its newspaper contact unit since 1955. Space Safe/fife Trial Would Include TV From THE DAILY Bureau WASHINGTON, Oct. 23. The American Telephone and Telegraph Company has asked the Federal Communications Commission to authorize a space satellite communications experiment—including television. It also asked FCC for rules changes which would allow the company to proceed, following satisfactory tests, with "the initial stages of commercial service" this year. The project would be financed and the facilities operated by AT&T, in coordination with foreign telephone administrations. The firm would work closely with the National Aeronautics and Space Administration. The AT&T system would make use of solar-powered satellites weighing 175 pounds and orbiting at about 2,200 miles. It would be capable of transmitting up to about 35 minutes 3 or 4 times daily. The company seeks authority to use broadband microwave techniques in the frequency bands 6425-6525 megacycles for satellite transmissions and 6775-6785 megacycles for sending to the satellites. U.S. TV Shows Popular Abroad As television grows in foreign countries the programs that fill the new screens there are often Americanmade products, the Wall Street Journal said last week in a page-one article reporting on the efforts of U. S. producers to step up their sales abroad. The article puts the number of tv sets outside the U. S. at nearly 41,000,000 by the middle of this past summer, an increase of 60 per cent from the start of 1959. While the U. S. still has more sets-53,000,000 at the mid-summer count— than the rest of the world's countries combined, the fast growth of video abroad is expected to put the foreign total ahead of the American figure by 1962. Nations with substantial numbers of tv sets include Great Britain, 10,900,000; Japan, 5,000,000; West Germany, 4,200,000; Soviet Union, 4,000,000; Canada, 3,800,000; and France, 1,500,000. Worried by TV The article says that American producers of filmed tv shows are delighted by the growth of foreign tv. "On the other hand," it states, "U. S. producers of feature films for theatre screening are not at all happy about the prospects of mounting numbers of tv addicts in foreign countries, many of which are now lucrative markets for their wares. Stepped-up tv watching could cut attendance at movie houses abroad, just as it has slashed movie-going in the U. S." Trade authorities estimate that U. S. tv films may pull in as much as $30,000,000 from foreign markets this year, equal to about 20 percent of the industry's volume at home. Overseas sales have doubled each year for the past four or five years. Warm Reception Cited Comment is also made in the article on the reception of U. S. tv shows in other countries, which "generally is warm." The articles also says: "Selling programs abroad isn't without its headaches, American video film makers are finding. One problem is the variety of languages. Dubbing of foreign dialogue onto U. S. tv films is now done largely in five languages: Spanish, French, Italian, German and Japanese. The cost, generally borne by the purchaser, may run as high as $1,000 on a half-hour film; this cost has occasionally soured prospective foreign purchasers on buying American tv shows." Muir Leaving NBC E. Roger Muir, senior member of NBC's program department and executive producer of children's programs for the network, has announced his resignation from the company and the formation of New Merritt Enterprises, Inc. to produce film and live television productions and theatrical offerings.