Motion Picture Herald (Jan-Feb 1939)

Janua ry 14, 1939 MOTION PICTURE HERALD 15 CONGRESS REPEATS FILM ATTACKS; RETAIN TICKET TAX, PRESIDENT ASKS Culkin Adds Provision to Prevent "Discrimination" in Favor of Affiliated Theatres; Revocation Reasons Listed The first crop of motion picture bills proposed in Congress last week, in the first 24 hours of the new 76th session, and intended, as noted, to abolish block and blind selling and establish regulation of the industry by a federal commission, are, in pattern and intended effect, identical with measures introduced but never enacted in the preceding Congress. An analysis made this week shows that the several block and Blind selling bills, the bill for creating a Federal motion picture commission and the Daly bill for amending and consolidating the copyright acts are verbatim copies of last year's bills, changed only as to number and date of introduction. Congressman Andrew Edmiston (Dem., W. Va.) has reintroduced his block-and-blind selling bill of last year. So has Congressman Francis D. Culkin (Rep., N. Y.) Senator Matthew M. Neely is about ready to reintroduce his old bill. In addition, Congressman Culkin resubmitted his proposal calling for a Federal Film Commission to regulate and govern the whole motion picture business, including censorship of films and supervision of production. Would Bar "Compulsory" Blocks Basically, all the block and blind selling bills would prohibit "compulsory" block selling, although exhibitors would not be prevented from block buying. Blind selling would be circumvented by compelling distributors to publish synopsis of each picture in advance of release. Violations would be criminal offenses, with jail terms. The reintroduced bills have not been changed to take cognizance of any altered conditions since first written; nor do they take cognizance of the demands made by the Department of Justice in the federal anti-trust suit pending against the large companies. Primarily, the bills were put in so that they could be brought up in committee if and when desired, in recognition of the fact that seldom, if ever, does an important measure reach the House from committee in the form in which it originally was introduced. The Neely bill in the last session was passed by the Senate without a record vote, but it failed to reach the floor of the House from committee. Would Bar "Discrimination" Sponsors of the new measures are prepared to amend their bills, it was said in Washington this week, or have committee changes made, to meet changes in conditions. However, Capital observers believe now that the block selling bills probably will not be taken up until the situation with respect to the Government's antitrust suit has been clarified. One change in the texture of the anti-blind selling proposal is an addition in the Culkin measure which also would attempt to prohibit socalled "discrimination" in favor of affiliated theatres, which is basically the intention of the Government's suit. In the Congressman's proposal for regulating THEATRES EXCLUDED FROM PATMAN BILL The legislative proposal to tax chain stores again made in Congress by Representative Wright Patman (Dem., Tex.) does not involve theatres, but applies only to retail stores "in which goods, wares or merchandise of any kind" are sold at retail. The tax would require stores in chains of ten or more to pay from $50 per store up to 15 stores, to $1,000 a store in excess of 500 stores. Allied States Association of Exhibitors two years ago had in mind the sponsoring of chain store taxation on circuit theatres, as part of the organization's fight against affiliated theatre circuit "aggressions," socalled. the industry through a federal film commission, licenses would be required of all producers, distributors and exhibitors. All films produced would be barred from interstate commerce until licensed by the commission, and would have to be in accordance with the requirements of the proposed commission, including compliance with a list of 13 prohibitions of scenes or titles dealing with sex, religion, public officials and violence. The commission would approve all scenarios and would have representatives at the studios to supervise production — virtually a national censoring agency. Numbered "H. R. 250," and titled "A bill to protect the motion picture industry against unfair trade practices and monopoly ; to provide just settlement of complaints of unfair dealings; to provide for the manufacture of wholesome films at the sources of production, and to create a Federal Motion Picture Commission," Congressman Culkin's bill would provide criminal penalties, fines up to $10,000 and jail terms up to five years. Each day during which a violation continued would be deemed a separate offense. Revocation Bases The Commission could put out of business any offender, by revoking his license, and, in connection with the here-mentioned 13 prohibitions, licenses could be revoked for the production or exhibition of films ; "1. Which emphasize and exaggerate sex appeal or depict scenes therein exploiting interest in sex in an improper or suggestive form or manner ; "2. Are based upon white slavery or commercialized vice, or scenes showing the procurement of women or any of the activities attendant upon this traffic ; "3. Thematically make prominent an illicit love affair which tends to make virtue odious and vice attractive ; "4. Deal with scenes which exhibit nakedness or persons scantily dressed, particularly suggestive bedroom and bathroom scenes and scenes of inciting dances ; "5. Deal with scenes which unnecessarily prolong expressions or demonstrations of passionate love; "6. Predominantly concern the underworld of vice and crime and like scenes, unless the scenes are part of an essential conflict between good and evil ; "7. Have stories which make drunkenness and gambling attractive, or scenes which show the use of narcotics and other unnatural practices dangerous to social morality. "8. Deal with stories and scenes which may instruct the morally feeble in methods of committing crimes or by cumulative processes emphasize crime and the commission of crime ; "9. Have stories or scenes which ridicule or deprecate public officials, officers of the law, the United States Army, United States Navy, or other governmental authority or which tend to weaken the authority of the law ; "10. Stories or scenes or incidents which offend the religious belief of any person, creed, or sect, or ridicule ministers, priests, rabbis, or recognized leaders of any religious sect, and also which are disrespectful to objects or symbols used in connection with any religion ; "11. Stories or scenes which unduly emphasize bloodshed and violence without justification in the structure of the story; "12. Stories or scenes which are vulgar and portray improper gestures, posturing and attitudes ; "13. Have salacious titles, and subtitles in connection with their presentation or exhibition, and the use of salacious advertising matter, photographs, and lithographs in connection therewith." The Daly copyright proposal calls for revision, modernization and consolidation of the copyright acts. To a great extent, it resembles the Duffy copyright bill, differing only in some technical and other respects designed to take cognizance of the expected approach of television. The motion picture business has been seeking changes in the copyright law for years as a means of obtaining relief from the huge damages to which the companies are liable in plagiarism suits. Roosevelt Urges Tax Continuance Extension of the U. S. admission and other temporary taxes which under existing law will expire next June and July was recommended to Congress last week by President Roosevelt in his annual budget message. Continuance of these levies, the President explained, is recommended "not because I regard them as ideal components of our tax structure, but because their collection has been perfected, our economy is adjusted to them, and we cannot afford at this time to sacrifice the revenue they represent." If the Congress at this session should adopt new taxes more scientifically planned, he added, it is possible that the existence of these new taxes "will enable us in a later year to give consideration to abolishing" some of the present "nuisance" levies. For the current fiscal year, the President disclosed, admission tax collections are expected to total only $18,400,000 as compared with $20,800,779 collected in the fiscal year 1938, but recepits are expected to increase to $19,200,000 during the 1940 fiscal year, which begins July 1, next. Carried among the anticipated expenditures during the coming fiscal year are the usual items of $79,000 for motion picture activities of the Department of Agriculture and $85,000 for motion picture service for the Navy. The Federal Communications Commission in radio is to receive an appropriation of $2,038,175, compared with $1,745,000 for the current year, but no indication was given of the purpose^ of the increase other than that it will be applied to salaries and expenses. Talent unions are considering a move to seek (Continued on following page)