The Exhibitor (1965)

TOA Okays 40 City Fox, Notre Dame Trade Arguments On “Goldfarb” NEW YORK — Decision was reserved by the Appellate Division on the appeal of 20th Century-Fox from the decision of State Supreme Court Justice Henry Clay Green¬ berg granting Notre Dame University and Rev. Father Theodore M. Hesburgh a tem¬ porary injunction against the showing of the motion picture, “John Goldfarb, Please Come Home,” on charges the picture was damaging to them. Arguing on behalf of 20th-Fox was former judge Samuel I. Rosenman, one-time chair¬ man of the 20th-Fox board, who contended that an important consideration in the case was whether the injunction represented “prior restraint such as to prevent future writers to avail themselves of the first amendment.” He held that “in essence,” the writ was “a violation of free speech.” Rosenman said that under the U. S. Con¬ stitution no one has a right to prevent the production of “a picture which spoofs,” adding that “John Goldfarb” was nothing more than a spoof that did not hurt “the image of Notre Dame” or disparge the University. He warned that if the injunction stands, it will be forbidden to satarize anyone or any institution by name. He said that the “great danger” in the injunction preventing the distribution of the film is “what effect it will have on other people who want to write on our educational institutions.” “The injunction,” Rosenman argued, “en¬ joins the right to discuss the public image of our institutions of learning. He said “the injunction had an inhibiting effect,” adding that if it is upheld, no one would risk money making a picture dealing with any institution, and that it would frighten writers. He urged the court to dismiss the complaint and vacate the injunction. David W. Peck, also a former judge, stated that if Notre Dame and its president are not granted protection in the “John Goldfarb” case, the floodgates will be opened to pro¬ ducers and writers to go to extremes, and that if the defendants prevail in their efforts to kill the injunction against the film, any¬ one will have “carte blanche” in the treat¬ ment of persons and institutions. He said the picture represented “the sheer¬ est use, marketing and trade” on the name and symbols of Notre Dame and its football team “to sell this product.” Peck submitted that two questions were involved in the case: Is there a property right? Is there freedom of appropriation of such a right as literary license? He argued the first question in the affirma¬ tive and the second in the negative. Peck asked the court to uphold the injunction. Obscenity Charge Killed DETROIT — Clark Seeley, manager, Starlite Drive-In, suburban Bay City, was cleared of charges of exhibiting an obscene film when the Bay City prosecutor abandoned the case against him for showing the short subject, “Have Figure, Will Travel.” This was the second case against Seeley, who was similarly charged and subsequently cleared for showing 20th-Fox’s “Please, Not Now.” Allied, TOA Take Step Toward Single Group MIAMI BEACH, FLA. — A proposed constitution for a single national exhibitor organization was submitted to the board of directors of Allied States and the executive committee of Theatre Owners of America for consideration. Although some revisions were suggested by each group, it was felt by Sumner Redstone, president of TOA and Jack Arm¬ strong, president of Allied States, that it would be in such shape in the very near future that it will be ratified by the units of Allied and the board of directors of TOA, who must make the final decisions in this matter. Allied Board Considers Several Industry Problems MIAMI BEACH, FLA.— The board of di¬ rectors of Allied States Association of Motion Picture Exhibitors met in session for five days at the Eden Roc Hotel. Full discussion and serious consideration were given to the following topics: Elimination of blind bidding, a code of ethics for the motion picture industry, the follow through on requests to film com¬ panies for flexible sales policies in smaller situations based on ability to pay, unification of exhibitor associations, censorship and class¬ ification, and admission tax repeal campaigns in the grass roots. Specific details will be released at such time as objectives are achieved or the directed action taken. Scheduling and programming for the 1965 national convention at the PennSheraton Hotel in Pittsburgh on Oct. 11-14 was de¬ tailed and approved. There will be a fourday convention with equipment displays, mer¬ chandising forums, film seminars, and product sessions. Arrangements have been made to accommodate a much larger attendance than the record shattering 1964 convention in Detroit. Regular meetings of the board have been set for San Francisco on May 8-9-10, Chicago on Sept. 10-11-12, and Pittsburgh on Oct. 11. Filmways Net Up NEW YORK — Net income after taxes of Filmways, Inc., for the three month period ended Nov. 30, 1964, amounted to $111,870 or 18 cents per share, it was announced by Lee Moselle, president of the television and mo¬ tion picture production company. This sum, which compares with $70,331 or 11 cents per share for the corresponding period in 1963, as adjusted for a three per cent stock dividend paid in June, 1964, represents earnings 59 per cent higher than those for the comparable three months in the preceding year. Motion picture activities under Martin Ransohoff, chairman of the board, include two highly successful films now in release — “The Americanization of Emily” and “Topkapi”; the recently completed “The Loved One”; “The Sandpiper”; and currently in production, “The Cincinnati Kid.” PR Junket MPAA, SPG, Exhibs Join In Mapping Producer Tour To Enha nee Industry Image For Bus iness Community MIAMI BEACH — A 40-city junket, spon¬ sored jointly by the Motion Picture Associa¬ tion, the Screen Producers Guild, and the Theatre Owners of America, moved toward actuality when the Theatre Owners of America executive committee approved an ambitious nation-wide public relations plan. Envisioned is a touring party, accompanied by the motion picture industry’s top pro¬ ducers, who will be presented in America’s cities as representatives of production, distri¬ bution, and exhibition. Local exhibitors will join in sponsoring the tours, which will bring the industry face to face with the nation’s businessmen, via combined service club meet¬ ings to be held in theatres. Additionally, discussions are progressing with the Motion Picture Association member¬ ship, both in New York and in Hollywood, for the production of an all-company motion picture subject which would highlight the upcoming major releases of all distributors, including non-MPAA members. Presentation of the production featurette would be part of the program during which the producer representative would interpret for the business oemmunity the “true image” of the motion picture industry, its many facets, its scope, and its goals. A Theatre Owners of America committee is presently surveying the nation to route the tour, in an effort to obtain the “broadcast exposure” for the caravan. Screen Producers Guild President Lawrence Weingarten spoke for that organization when he endorsed the tour by saying, “We agree with you that by jointly presenting our in¬ dustry, its plans, problems, hopes and dreams before a wide cross-section of America’s business and industrial communities (via the combined Service Clubs in a theatre setting) we shall have, for the first time, an oppor¬ tunity to tell our story in a dignified yet dramatic manner.” TOA committee members said the cavalcade will have enduring qualities, with plans un¬ derway to make available the campaign materials to all theatres thorughout the na¬ tion, including the production subject. This marks one of those rare occasions when production, distribution, and exhibition have joined together in an industry enter¬ prise, and it is fitting that the enterprise be one which is designed to bring home to the American public the true image of the motion picture industry. Following discussions in New York City with Robert Ferguson, vice-president of Columbia Pictures Corporation, and Salah Hassanein, chairman of the TOA coordinating committee, tentative plans are developing to seek out productive “ways and means” to bring the all-product subject into reality. In California, members of the MPAA committee, headed by Gordon Stulberg, are expected to meet shortly to consider the production proj¬ ect. National Screen Service may be invited to participate in the project. January 27, 1965 MOTION PICTURE EXHIBITOR 5