The Moving picture world (May 1922)

314 MOVING PICTURE WORLD May 20, 1922 Federal Courts in Kansas City to Hear Over Twenty Music Copyright Suits Within the Next Few Weeks SUITS by half a dozen publishers, members of the American Society of Composers, Authors and Publishers, against picture theatres, hotels and restaurants, in support of license claims, will probably be heard in the Kansas City territory during the next few weeks. There have been about twenty different suits filed in Kansas City, Springfield, Joplin and Topeka — all in the federal court — and since some of the suits involve two or more counts, the total of claims may run into the thirties. Inspectors of the society have been working diligently in Kansas City territory ; and are said to have much more evidence than that made the basis for prosecutions. The attorneys for the publishers say that the technical legal questions involved have largely now been cleared, and that trial will be, as soon as courts get to the cases, on the facts as to the use of the music claimed. The Kansas federal court has ruled, for instance, that there is no defense of the theatre manager in the allegation or even in the fact that the publishers had combined — it being no unlawful combination for publishers to get together to defend tlieir "rights" under copyright law. The Western Missouri court has ruled that the owner of a theatre can have no defense in claims tliat he was not a musician and did not furnish the music. Mostly General Denials The answers to defendants to these suits present many interesting phases. Mostly they deny all the allegations. H. E. Walker, said to be the owner of the Mozart Theatre, Kansas City, in addition to his general denials, asserts that he did not profit from any rendition of "My Tennessee Maid," and "am not sentimental about it." Most of the suits have been filed by M. J. O'Sullivan, attorney, whose office is the Kansas City licensing office of the society. It is said there that licenses are being issued generally, first attention to theatres in the larger cities — Kansas City being now almost completely licensed — and that attention is also being paid to smaller cities. Though the expense of securing evidence in the small towns is beyond any possilile recovery, still suits are being planned against theatre owi.ers there, as well as other establishments where music may be used, in order to fix firmly the principle of control by the owners of copyright. Honduras Has Cettsor; Children Are Restricted Censorship regulations, similar to those in eflfect in Costa Rica, have been established in Honduras, according to a report from Consul G. K. Donald, at Tegucigalpa, to the Department of Commerce. The regulations provide that no films can be shown without a permit from the censors, who are three in number — a federal representative, a representative of the municipality and the head of a family. They prohibit the showing of films treating of "police subjects, treason to the country, lack of respect for any religious cult, disrespectful allusions to friendly nations and all those affairs, in short, which are injurious to morals and good customs in the opinion of the board of censors." Children under 12 years of age are forbidden to attend picture theatres at night and may attend matinees only when accompanied by an adult. PROMOTION DIVISION FORMED {Continued from page 313) insurance business in Iowa for several years; three years ranching on Mexican border ; owned and operated two Iowa picture theatres ; author of nearly 300 produced picture scenarios ; prior to war free lance scenario writer in Los Angeles; after discharge joined Fox sales force at Omaha branch ; remained a year and half; joined First National as salcsmao ; for past six months assistant manager and publicity man at the Omaha First National exchange. Ace Berry (Indianapolis). Born at Brook-, lyn, N. Y., in show business over fifteen years as actor in vaudeville and legitimate productions, "outdoor shows," business end ; had house and road show management, and publicity experience in various sections of United States ; with Selznick in Cleveland and Detroit territories one year ; routing and personnel of road shows in New England for Famous Players ; special exploitation for Mayflower in the Middle West and Central States; handled New England premiere of Robertson-Cole's "Kismet" ; handled first big trade showing in New England of Warner Bros.' serial, "Miracles of the Jungle" ; business manager for Fanchon and Marco musical rcveue 'Sun-Kist" on transcontinental tour, season 1921-22. Harvey W. Ferguson (Oklahoma City) newspaperman in St. Louis as reporter, dramatic critic, special writer and departmental editor; publicity man for a nationally prominent evangelist ; the Daily Oklahoman created for him post of publicity director; handled theatrical and automobile news and advertising; held down every editorial desk and was editorial writer and ad-vvriting expert during his connection with the Oklahoman and its afternoon edition, the Oklahoma City Times; helped found and was editor of Employer, organ of the Oklahoma Employers' Association : free-lanced in publicity, becoming later publicity and advertising manager for Oklahoma City's largest theatres; after several years resigned to become an independent film exchange manager; later advertising manager of Oklahoma City department store; a "layout" expert. Ed McNamee (New York) born Toledo, Ohio; reporter in Chiago, afterward magazine conrtibutor, actor, advance man, road manager, author of numerous vaudeville playlets. Advertising manager Keith's Theatre, Jersey City, Proctor's Fifth Avenue Theatre, other Keith and Proctor houses, treasurer and publicity man of National Vaudeville Artists. Worked for Fox film Corporation, publicity and exploitation departments. J. H. Steele (Dallas). Native of Philadelphia. Began as newspaperman, became pub licity man for Lubin in Phila ; thence into legit and vaudeville as actor, stage director, producer and manager ; served in Army two years, saw service in France; went to Dallas almost three years ago with Interstate Circuit, publicity and advertising; then with Southern Enterprises in same capacity, handling numerous shows and new houses, including Palace, Dallas; directed publicity for Capitol Theatre stock in Dallas until fire destroyed building a few months ago. All-round exploitation and publicity man. C. C. Pippin (Philadelphia). Entered employ of General Film Co., Philadelphia, as stenographer May, 1910. Remained until December, 1914, during which time worked in all departments being made assistant manager in 1913; office manager Paramount, Philadelphia, during year 1915; special representative for Mutual Film Company, Detroit, January 15, 1916, to May, 1917; special representative for George Kleine, Detroit, then to First National Exhibitors' Circuit, Detroit, handling "My Four Years in Germany" in Michigan. Entered the army in 1918; served in the States and in France. Entered the employ of Associated First National in Philadelphia, May 1919, as salesman. Jack A. Pegler (Washington, D. C). Born in Minnesota thirty years ago; son of Arthur James Pegler, magazine and feature writer; began publicity work at White City Amusement Park. Chicago, III. ; with Hearst newspapers in Chicago for several years ; traveling representative for Robert Bailey Syndicate Service; one year with Newspaper Feature Service (Hearst) ; next with New York World Syndicate ; motion picture experience, Meyflower Photo Play Corporation, DempseyCarpentier fight pictures. First National. Al Sobler (Louisville). Made his debut in film industry via Vitagraph V. L. S. E. publicity dept.; affiliated with Trades Reporting Bureau as associate editor of the Chemical. Color and Oil Daily; twelve months reporting .\merican analine dye industry ; with Goldwyn, charge of Service Department, editing house organ, press books and supervising production of accessories; Mayflower Photoplay Corporation, trade paper advertising and publicity, able field exploitation ; exploitation for "Over the Hill" and "A Connecticut Yankee" in Connecticut, establishing a Mark Twain anniversary celebration which henceforth will be regularly observed each year. J. S. Toland (Cleveland). January, 1919, to February, 1920, the Cleveland Tractor Company, in advertising department. FebruaryAugust, 1920, with SmithWelch Company, local distributor of Cleveland tractors, assistant to sales manager. With H. K. McCann Company (advertising agents) as assistant account executive nn the Cleveland Tractor .Account, August, 1920-April, 1921, operated mail advertising business until September, 1921, when he joined First National's Cleveland office as publicity man. Jeffrey Lazarus (Buffalo). Born, New York City; studied journalism and kindred subjects at College of the City of New York; did free lance writing and publicity; one of founders and manager, the Credit Guide a trade journal; two years of service in France; became a broker in crude rubber. Hugh Cardoza (Atlanta). .\ native of Richmond, Va., he has made his career in the South. Began as a newspaperman in Richmond; left sporting desk to join Jake Wells (1902) as publicity man for Bijou Stock, Atlanta; remained with Wells circuit approximately fifteen years, managing Bijou. Orpheum, Lyric. Forsyth, Grand, Rialto, Georgian, Strand and Vaudette, in Atlanta ; supervisor over houses in Macon, Montgomery, Augusta, Mobile, Memphis. Chattanooga. Knoxville and Nashville. Quit show business for insurance in 1915, but returned in 1917 as manager of Loew's Bijou, in Birmingham; rejoined Wells same year and remained until Wells' interests were sold to S. A. Lvnch Enterprises in 1919. John LeRoy Johnston is stationed at Seattle; .\. L. Burks at Des Moines; Sid Laurance at Detroit; Bob Harvey at San Francisco and W. S ^ Stewart at Toronto.