Motion Picture Herald (Nov-Dec 1944)

Precedents Fall as Warners Acquire '^Life with Father^ For $500,000, Plus Extras Warner Brothers have bought "Life with Father" for $500,000 in advance and royalties, an all-time, all-industry high. It will be produced by that company in Technicolor as "one of the most important productions ever on the studio's calendar" and in expectation of one of the largest grosses in the industry's history. Play editors of the major companies, theatrical agents and film attorneys this week warned that the transaction would set a precedent for future industry acquisitions of play properties. The film deal for "Oklahoma," Theatre Guild production, probably would be patterned on the Warner agreement with Oscar Serlin, producer of "Life with Father," they predicted. 50-50 Share in Profits One of the most unique features of the contract, long in negotiation but finally signed last Thursday night in New York by Jack L. Warner and Mr. Serlin, is the 50-50 share in the profits and the details concerning payment of receipts. * After an 18 per cent distribution charge is taken out, theatre grosses will be broken down as follows, 35 per cent to Serlin and Company and 65 per cent to Warners, to amortize production costs. When amortization is completed, both Warners and the theatrical company will share equally in the profits. This is considered the first time that a Broadway producer will be able to draw film money before production costs are completely returned to the film company. Another precedent-shattering factor in the deal is the clause which provides that film rights to the play will revert back to the producer and authors after seven years. In previous motion picture-play transactions, the shows were purchased outright by Hollywood. Play Producers Interested Broadway producers and playwrights are particularly interested in this phase of the agreement as it establishes an important consideration which they have been trying to achieve for many years, in an attempt to approximate the European play sales of pre-war days when rights reverted back to authors after 10 years. Other clauses in the Warner-Serlin pact cover the following demands : that the picture may not be released until 1947, although it may be produced earlier ; that when it is releasee!, it must be road-shown; material for the film is restricted to that now in the play ; Mrs, Clarence Day, widow of the late Clarence Day who wrote the sketches on which the play is based, and Russell Crouse and Howard Lindsley, playwrights, must retain editorial supervision, especially concerning dialogue, dress and the matter of "good taste." No script of which they jointly disapprove may be filmed and they are to supervise casting. Television, radio and mechanical rights are covered in the contract. Warners announced Monday it would pro duce the film in Technicolor. Mr. Warner ex pressed the view that the picture would be "affectionately embraced by world audiences foi years to come," and said he expected the screen version "may surpass any other film ever made in gross box office receipts. It will be prepared and brought to the screen as one of the most important productions ever on the Warner studio calendar," he added. Initial negotiations for the "Life With Father" screen rights were begun two years ago by V/arners. In September, 1943, newspapers and the trade press reported that the company finally had purchased the play, but the rumor back-fired. It appeared that certain provisions demanded by Mr. Serlin would not be met by the company. In recent months, Mary Pickford and David O. Selznick were among those reportedly trying to reach agreement with the producer. Finally, last week, Broadway learned that Warners had obtained Broadway's favorite hit play. Repercussions were many and in various odd places, among them, the comic strips. On Tuesday, Stan McGovern, cartoonist for the New York Post, creator of "Silly Milly," bowed to the news value of the film purchase in a strip called "Life With Bogart?" Has Remarkable Record Two years ago, Time magazine, in commenting on Mr. Serlin's announced intentions to sell the play only on his "ten commandments" basis, said: "Serlin and Company had overreached themselves." In its six years on Broadway and on tour through America's hinterland, "Life With Father" has amassed an imposing array of records. At the Empire theatre, it already has grossed $3,815,047, playing to 2,252,800 persons. Its six road companies thus far have grossed $3,928,864, reaching 3,257,000 people. Nine actors have played "Father," eight actresses appeared as "Vinnie" and 73 boys, each furnished with appropiately fitted red wigs have been seen as the Day boys, in New York and on the road. "Tobacco Road" which played on Broadway for seven years is the only other legitimate show to outdistance "Life With Father" in terms of length of run. The Serlin production passed "Abie's Irish Rose" Broadway record last June, and also has sprinted far beyond "Lightnin'^". "Junior Miss" Previous Leader Until the play was sold to Warners, "Junior Miss" held the record for film purchase prices, with $400,000 paid by Twentieth Century-Fox. A runner-up was "Jacobowskv and the Colonel," for which Columbia paid' $350,000'. Next in line were "The Moon Is Down," also sold bv Mr. Serlin, and "The Eve of St. Mark," $300,000 each, both purchased by 20th-Fox. When "Life With Father" first opened at the Empire November 8, 1939, its debut was made possible by the financial backing of several investors, including: John Hay Whitney, Mrs. Charles ' Payson, Mr. Whitney's sister : Mrs. Carly Wharton, Martin Gabel, Hume Cronyn, Howard S. Cullman, Mr. Lindsay, Mr. Crouse, Dr. Irving Somach, Ned Lehac, John Byram, olay editor for Paramount, and Mr. Serlin and his brother, Edward. Court Fight Due On New York^s Zoning Changes Court action by opponents of the amendments to; New York's zoning resolution was promised as the changes, which restrict the ground coverage of future buildings, became law last Saturday. Thej measures had been under fire from the city's real; estate groups, including exhibitors and their repre-i sentatives, during the public hearings before the Board of Estimate preceding their automatic enactment by failure of the Board members to vote on | them. Robert Bowling of the Citizens Zoning Committee, which also represented exhibitors and distributors in their attacks on the restrictions, said last Friday that property owners must now dependi on legal action or the promise of the City PlanningJ Commission to re-examine the limitations for relief.f Russell V. Cruikshank, president of the Real! Estate Board of New York, commenting on the restrictions, said : "The crux of the situation is that it permits a few of the Mayor's appointees to pass laws aided only by the tolerance of a minority of elected officials in the board." Last week, Mr. Dowling pointed out that he knew of several proposed theatres which could not be erected in nyd-town Manhattan if the amendments became law. He said that the restrictions, the goal of which is said to be provision of more light and air, would deprive buildings of 31 per cent of their ground space, thus making the construction of the planned buildings unfeasible. Roy Disney Sees Cartoon Output Doubled in 1944-45 Walt Disney Production will release 18 cartoor .shorts in 1944-45, compared with nine for last season, Roy Disney, executive vice-president ant general manager, said last week in New York. Mr Disney, who returned to the coast last Friday, came to New York to set release of "Three Caballeros," color feature, through RKO. The next Disney feature, he said, would be color film based on the "Uncle Remus" stories starting about January 1. Many problems, including details of financing, remain to be worked oul in the company's visual education program, Mr Disney said. 'The studio's activity in that direction has been mainly with the Office of the Coordinator of Inter-American Affairs. Production of many Disney subjects, including "Alice in Wonderland" and "Cinderella," has beer held up because of a shortage of trained studio personnel. The technique of combining the cartoor form with live actors, as used in "Three Caballeros," will open a "new dramatic dimension" anc will give the "maximum of illusion" for any medium, Mr. Disney said. Rules Seven-Day Clearance Maximum for Two Theatres The Boston tribunal last week ruled that the maximum clearance which might be granted tr the Norwood and Guild theatres, Norwood. Mass. over the Strand, Canton, Mass., should be sever days, the American Arbitration Association reported this week. The award was made on the complaint of the Canton Amusement Company operator of the Strand, against the five consenting companies. The arbitrator also ruled that nc clearance should be granted to the State, Stoughton, Mass., over the Strand. The G. A. Jiles Company, operator of the Norwood and Guild, and th< Stoughton Theatre Company, operator of the State, intervened. • Builds House in Alabama A 550-seat house is being built in Georgiana, .Ma., by Fred T. McLendon. Agency Promotes Schneider William H. Schneider, for the past seven year art director of Donahue & Coe, New York advertising agency, has been named vice-president and director of all creative activities of the agency In this capacity he will be directly responsible foi performance of the art, copy and production de partments. 16 MOTION PICTURE HERALD, DECEMBER 9, 194^