Motion Picture Herald (Apr-Jun 1931)

June 20, 1931 MOTION PICTURE HERALD 27 |NEW FEDERAL FIGHT ON CENSORSHIP [FOLLOWS "PRESS GAG" LAW DEFEAT K Courts Make Issue Of Copyright Low In Holdover Coses Conflicting decisions have finally made the copyright law as it has been applied to the unauthorized showing of motion pictures, an issue which will probably have to be decided by the U. S. supreme court. In two suits brought in Massachusetts against the Bijou Theatre Company, one by Metro and the other by Educational, Judge James M. Blanton, Jr., has decided that there is no provision in the copyright statute covering pictures, and that even if an unauthorized showing were a violation, it would be inequitable to allow the distributor to bring suit under the copyright law for "what is really a violation of contract." On the other hand, a decision by Judge William C. Coleman of the Maryland district, coincides with previous rulings ordering exhibitors to pay damages under the copyright law. In Tiffany, et al, versus Dowing, et al, he ruled that Section 1 of the copyright law includes motion pictures. Southeastern Exhibitors Decide on MPTOA Hookup Decision to maintain affiliation with the MPTOA was made at the convention of the Southeastern Theatre Owners' Association Tuesday and Wednesday at Atlanta. Oscar Lam of Rome, Ga., was chosen president of the regional organization. Hugh Manning of Teowah is vice-president and Love B. Farrell is secretary and treasurer. Speakers at the convention included M. A. Lightman, president of the MPTOA, Dave Palfreyman, Ed Kuykendall and Carter Barron. Quigley Trophy for Ball League The winning team of the Motion Picture Athletic Association's baseball league will be presented with a trophy offered by the Quigley Publications. New York Home offices of major distributors are represented by teams in the league. Tom Wiley, Film Daily, Jack Moss, Joe Cicato, Variety, Lord Thomas & Logan and Jack Baker also have offered cups and trophies. Milking America Dry It is not news that American companies now have in London agents who are on a theatre buying rampage, but the London Film Review has unearthed a new tribe of Britishers who build picture palaces purely on speculation for the express purpose of unloading them to the U. S. distributor-circuits. Tom Mix Rides Back Tom Mix is back. And so is Tony, his horse. Mix will star in six talking Westerns for Universal, the contract having been signed in Mix's dressing room at the SellsFioto Circus, Bridgeport, Conn. Mix will finish his circus engagement before he goes to Tom Mix Universal City. The signing of Tom Mix marks the return of Universal to the field of the Western. In announcing the move Carl Laemmie said: "It may occur to some that it is significant that Universal is returning to a field in which it was formerly pre-eminent but which it entirely abandoned last year. It is significant.. We discovered to our amazement that the field for Western pictures is a very great one, a very necessary one for exhibitors." Schenck Confirms MGM's Stand Against Wage Cuts Decision of Loew's and M-G-M against salary reductions, as announced at a meeting of directors by Nicholas M. Schenck, president of the two organizations, and previously reported, is in line with the announced policies of Columbia, Radio and Fox, and is considered to reflect the general attitude of the industry as opposed to wage slashing. The decision also parallels the Hoover administration stand. Picquet, Kincey and "Taxation Battler" Buchanan in Town Charles Picquet, H. F. Kincey and Harry Buchanan, all of the North Carolina theatre field, arrived in New York this week for a brief visit. Buchanan, an independent, is credited with having done the most for the industry in its recent successful battle to beat the proposed North Carolina admission tax. Baker Leaves First National Warners has purchased the unexpired term of Graham Baker, production executive on the Coast, who will retire from the company. Repeal of Fight Film Ban Is Opening Demand Council on Freedom Launching Attack at Washington and in States, Citing Freak Actions By FRANCIS L BURT Heartened by the recent decision of the United States supreme court holding unconstitutional the Minnesota "press gag" law, the National Council of Freedom is preparing to invade Washington next winter with a view to having legislation enacted domg away with motion picture, periodical, radio, book and play censorship, it has been learned. Coincidentally with the campaign in Washington, similar fights will be started at the various State capitols and in the larger cities, where the police and the vice societies now exercise censorship powers. Efforts in Washington will be directed at the elimination of book and radio censorship. In the states, however, the fight will be largely against film and play control, the former as exercised by the various boards of censorship with their fantastic, illogical and often contradictory requirements. Ridiculous Cuts Cited The National Council on Freedom from Censorship was formed recently by the American Civil Liberties Union, which, unfortunately, has been viewed with alarm in conservative quarters because of its somewhat radical tinge, but the new body contains in its membership the names of so many authors and playwrights of prominence as to obtain for it a respectful hearing at any time. Among those who are listed as leaders of the movement against censorship are such well-known writers as Fannie Hurst, James Branch Cabell, Rupert Hughes, Inez Haynes Irwin, H. L. Mencken, George Jean Nathan, Eugene O'Neill, Stewart Edward White and Harry Leon Wilson, to name only a few. The attack on film censorship will be predicated on the often ridiculous cuts made by the censor boards. Thus, it is pointed out, "Maryland bars a kiss on the neck, but winks at a drinking scene. Kansas cen(Continiied on page 30) Buy Now, Says Meyer "Buy right, but buy now." That was the message of Fred S. Meyer, president of the MPTO of Wisconsin, to 150 exhibitors in convention at Milwaukee this week . This is the time to close contracts, in order to keep the industry in a prosperous condition, Meyer declared.