Motion Picture Herald (Jul-Sep 1933)

August 5, 193 3 MOTION PICTURE HERALD 9 95 PER CENT OF 1,100 EXHIBITORS WANT DOUBLE FEATURING STOPPED Many of Them Have Found That Practice Does Not Pay, Says Kuykendall, and Favor Support of Code Abolishing Policy Ninety-five per cent of America's theatre owners are definitely opposed to double featuring. Of eleven hundred representative exhibitors who replied to a questionnaire sent out by the Motion Picture Theatre Owners of America, all except 5 per cent declared themselves against the practice. Many of the exhibitors who have put themselves on record against double featuring have been showing; two features on a program over a period of years, but according to Ed Kuykendall, president of the MPTOA, they have discovered that the practice does not pay. They are willing, with the support of a code to prohibit duals and enforce the provisions against them, to lend support to complete and absolute abolishment. New England was the only section which showed defense of the double feature predominant. In Milwaukee alone, 75 per cent of the exhibitors in the county this week agreed to the new uniform zoning and clearance schedule, which bars double featuring. Most of the provisions of the agreement are already in effect, with the exception of those referring to the sale of coupons and thrift books, these becoming effective August 14. The plan also provides against gifts and student tickets. Agitation Steadily Growing The agitation against dual features has grown steadily for two years, and though there is considerable defense of them from independents and sections of the country where they have long been a practice, it was pointed out that by the time the autumn season is in full swing, double featuring is likely to be a thing of the past as a general practice. In the original tentative exhibition code, drawn up in June by major distributor and exhibitor representatives, there appeared two clauses dealing with the double feature situation. The first clause read as follows : No exhibitor shall (except in territories where under the provisions of an adopted maximum clearance and zoning schedule double features are expressly permitted) exhibit two or more features on the same program. • The second clause urged that distributors refuse to permit the exhibition of their pictures on double feature programs in towns or communities where a majority of the exhibitors are opposed to the practice. Specifically, these two clauses threw the matter into the hands of the exhibitors themselves and, as is the case with the final adoption of a code of fair competition under the Recovery Act, the majority, or 75 per cent, of any industry, will rule. A few weeks after the first draft of an exhibition code had been drawn up. the MPTOA met in Chicago, and a second draft was drawn. The double feature clauses were changed, certain concessions being omitted. The first clause dealing with the situation in the second code read : Distributors shall refuse to permit the exhibition of their pictures on double feature programs in towns or communities where a majority of the exhibitors are opposed to the practice, the exact wording and intent as the corresponding clause in the original, but the second clause said no exhibitor shall exhibit two or more feature motion pictures for one admission. A feature picture shall be deemed a motion picture originally made and released in more than 3.000 feet in length. This clause completely eliminated any concession of permitted double features under maximum zoning and clearance schedules. "Double billing must be abolished," said Mr. Kuykendall Monday. "The public does not want it, the exhibitors are against it, and while the chances are that no distributor will actually refuse to sell his pictures in the future to those exhibitors who continue the practice, they certainly will do everything they can to persuade the theatre man against it. "It is easy to understand in many respects how the situation came about originally. Too many small exhibitors were flooded with pictures they could not possibly use. They overbought, or were forced to overbuy to such an extent that their only way out was to resort to the double bill in order to fulfill their contracts. This particular phase is adequately provided for in both exhibition and distribution codes which have been tentatively proposed. Doubles Unfair to Distributor "The distributor also is to be considered in this matter. Elimination of duals would be more of a benefit to him than a loss to those exhibitors who have maintained the practice for a long time. Of necessity the distributor cannot get as high rentals for his pictures on double bills. If this is to be a code of fair competition and trade practice it follows that it would be most unfair to continue to force the distributor to accept low rentals for duals, for producers to turn out cheaper pictures, which they would be forced to do in order to meet the low rentals, and generally jeopardize product." The independent exhibitors, producers and distributors feel, however, that the entire matter should be left in the hands of the individual theatre man. Their contention is that the double bill has advantages which permit the exhibitor to arrange programs with a diversified appeal. A few independents, however, believe that without double featuring an opportunity would be provided to better the quality of their product in order to compete on an equitable footing. Other independents say that the move of major distributors and exhibitors to abolish double features is "their last move in their fight for life." Independent producers and distributors for years have vigorously defended the double bill policy. Typical of their opinion is that voiced this week in Hollvwood by W. Ray Johnston, president of Monogram, who, in declaring for a concerted drive to Seventy-five Per Cent of Milwaukee Exhibitors Agree to Zoning Schedule Barring Dual Bills in the County ward the return of duals, intimated they were the salvation of "little independent houses, as well as independent producers." "Several of the smaller major studios," said Mr. Johnston, "have benefited materially from the present tendency toward dual bills." He added that the matter should be left entirely to the judgment of the individual exhibitor. Any ban against doubles would be in opposition to the national economic program, as it inevitably would close smaller houses, Mr. Johnston declared. Sentiment among the majority of the independents is that they will support a code which either ignores the situation completely or leaves the matter to be decided by patronage. Theatre Would Be Reclassified In the schedule drawn up in Milwaukee this week every contract negotiated during the 1933-34 and 1934-35 seasons shall contain the following clauses, according to the terms of the schedule : "The photoplays herein licensed are to be played only on a single feature program and the exhibitor agrees that if he should play any feature on this contract with another feature, he shall thereupon forfeit all right with respect to the remaining unplayed pictures herein. The exhibitor acknowledges that this clause has been added at his request and hereby agrees not to enjoin or in any wise resort to legal recourse in an effort to procure further releases which would become available hereunder if same had not been violated by the exhibitor." This clause is to be part of every contract, and failure to include it subjects the exhibitor to reclassification of his theatre. The schedule was drawn up under the supervision of Fred S. Meyer, president of the MPTO of Wisconsin and Upper Michigan, Inc., and is being submitted to individual distributors. "There must be brought about a better spirit of cooperation and understanding between all branches of the motion picture industry, major and independent alike," said Mr. Kuykendall. "There is no doubt," said Norman H. Moray, in charge of Vitaphone sales, Tuesday, "that more and more exhibitors have come to appreciate the definite box-office value that a star name in a short brings to the box-office when advertised. With double features headed for 'no-man's land,' it becomes the duty of every short subject producer to supply the exhibitor with every possible box-office help. Give the exhibitor real star values, make it easy for him to sell these stars to his public, and we need never worry about the double feature." Harry M. Warner announced this week that in the future the companv definitely will not sell film to be plaved on a double bill.