Motion Picture Herald (1954)

MOTION PICTURE HERALD MARTIN QUIGLEY , Editor-in-Chief and Publisher Vol. 197, No. 12 MARTIN QUIGLEY, JR., Editor December 18, 1954 Issues in 16mm Suit MANY individuals in the industry have been worrying so much about the possible impact of fee-TV (assuming that it will be authorized by the FCC) that little attention has been given to the Government’s 16mm suit. After the usual long delays in such actions it has now been set down for trial in the Federal Court in Los Angeles for some time in 1955. Notwithstanding the prospects of a long trial and an appeal by one side or the other it is likely that an adverse decision in the 16mm case would have an effect on exhibition long before subscription television’s impact could be felt. It is almost certain that the FCC will hold lengthy hearings on the advisability and practicality of fee-TV and then ponder long before setting any standards for such a service. Even after this period elapses it would still be necessary for manufacturers and installers of equipment to do a staggering job before fee-TV could constitute a substantial threat to the country’s theatres. One of the mysteries about the Government’s 16mm suit is that it seeks indirectly its prime aim — i.e. availability of Hollywood’s product for television. The Government alleges in its complaint that there is a conspiracy in restraint of trade affecting the distribution of 16mm prints. The Government wants 16mm prints of features to be licensed in competition with regular theatres. It is no secret certainly that exhibitors have opposed such exhibitions as unfair competition. Distributors have not booked 16mm prints in competition with theatres for the good business reasons that the potential revenue from 16mm operators is negligible when compared with theatres. THE “joker” in the Government’s complaint is that it seeks availability of Hollywood product on 16mm for television stations as well as for 16mm exhibitors. It is proposed that 16mm prints be offered by all those film companies which make such prints on “reasonable” terms and with “reasonable clearance” to television broadcasters and 16mm outlets in competition with established theatres. (Neither MGM nor Paramount releases 16mm prints so they are not defendants.) Litigation and arbitration proceedings in the motion picture industry long have demonstrated that few agree on the meaning of “reasonable terms” and “reasonable clearance.” In recent years clearance has been diminish ing almost everywhere. In many places a point has been reached at which exhibitors, distributors, and the public are suffering because the playoff of product in an area is so rapid. The dangers to exhibitors of having a new picture shown on local television stations and in 16mm halls within a matter of weeks after the downtown opening are self-evident. Presumably a Government victory would make available to television all old releases. The provision which would give the Federal Courts power to fix “reasonable terms” might be distasteful to all parties and the opening wedge to complete Federal fixing of terms and admissions for all product and all classes of theatres. One further point of interest in the 16mm suit is that the defendant companies have no clear idea of the origin of the complaints to the Department of Justice. Some speculate that it was an attack by television interests — broadcasters, manufacturers or those promoting fee-TV or a combination of them. Others speculate that the complaints came from 16mm operators, including some important hotel operators who want to have free movies. There was surprise in the industry that this case was one that has been selected for vigorous prosecution. The public interests would not seem to be adversely affected even if the conditions complained of by the Department of Justice exist. A weakening of the economic health of the nation’s 18,000 theatres would certainly be against the public interest. ■ ■ ■ Selling Stereophonic Sound EXHIBITORS who have already installed stereophonic sound or are contemplating doing so will be interested in the special campaign book being distributed this week by 20th Century-Fox. Once again that company has stated its view: “Stereophonic sound is as vital to the fullest audience enjoyment of CinemaScope presentations as the anamorphic lens itself. It was devised as an integral part of the CinemaScope medium and is a basic factor in achieving the best in CinemaScope projection.” The campaign book features advertisements and exploitation ideas to arouse patron interest in magnetic directional sound. Exhibitors who have a substantial investment in sound equipment have a responsibility to publicize the merits of the system and to stimulate press and public attention. — Martin Quigley, Jr. Zije J^eralb toisljes one anb all a jopous Ijoltbap season— 31 peaceful, fjappp anb prosperous J2eto gear