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March 17, 1923
Moving picture world
349
Exhibitor Clubbing" Tactics of Certain Exchanges Prompt Warner Brothers to Insist on Their Elimination
That certain local distributors of high class independent productions are utilizing the latter in "clubbing" exhibitors into booking cheaper or mediocre stuff that that exchange happens to have purchased has developed a situation that has aroused considerable interest in the independent market. This situation has been given added importance since discussion arose over the uniform contract question. Complaints from exhibitors who have charged exchangemen with "clubbing tactics" have been many and have been given editorial mention in Moving Picture World's Independent Section.
However, tlie evil has seemingly grown and is particularly noticeable during the current season. Exchangemen who have been found guilty of this practice have been warned many times, but without much success. However, this week Harry M. Warner, head of Warner Brothers, has taken the initiative and in a statement given to Moving Picture World guarantees exhibitor protection against further practice of such tactics. He has hit upon a plan which eliminates these obnoxious "conditional or contingent bookings." This is the first time in the history of the business where an independent corporation interested considerably in production and distribution of pictures has taken such a move.
Mr. Warner's statement, which throws considerable light on an all-important situation, follows :
"In all the talk about contracts that has been going on of late," said Mr. Warner, "there is one matter of the utmost importance, both to exhibitor and producer alike, that has not received the attention it deserves. I refer particularly to the practice of what is known as 'holding the club' over the exhibitor. The usual method of procedure is for the exchangeman, who happens to have one or two pictures that the exhibitor really wants, to withhold these particular subjects or either place an exorbitant price on them. He then very kindly does the exhibitor a favor by saying, 'Well, Joe, tell you what I'll do, if you'll take these six pictures,' which the exhibitor does not want, 'I'll let you have these two specials at such a price.'
"'Thereby he penalizes the producer of the goo<t pictures, who secures a much lower rental than he would if his productions were sold alone on their own merits, and also loading up the exhibitor with more material than he can use and and leaving room for future arguments, adjustments and a lot of other things that are absolutely unnecessary.
"I cannot speak for all the other producers, but as far as the productions of Warner Brothers are concerned I wish to state that each and every one of our pictures are to be sold exclusively on their merits and exclusive of the productions of any other producer. To insure the performance of this fact we have a specific clause in all of our contracts with each territorial distributor which specifies :
" 'That the booking and renting of all positive prints of each of said motion pictures shall be upon contracts separate and apart from the booking and renting of any other prints, films or pictures handled by the exchange, and the booking or renting of any said prints of the producers' (Warner Bros.) feature motion pictures shall not be made conditional or contingent upon the booking or renting of any other pictures, films or prints handled or controlled by the exchange.'
"If any exhibitor, no matter where he may be located, claims that he has to book other pictures in order to secure Warner Brothers' Classics of the Screen, I want to be informed of that fact. I might further add that I am going to back this up to the very limit and want every exhibitor to know our position in the matter. With that end in view we shall advertise this fact in all trade publications and use every means at our disposal to let the exhibitor know that he can always secure a square deal from Warner Brothers."
Drafting Equitable Contract for S. R.
LOS ANGELES — (Special) — Richard Thomas, formerly a producer ot scientific subjects, but now producing and directing "The Silent Accuser" at the Hollywood studios for the independent market, has begun a campaign for a uniform contract between independent producers and distributors. Tentative drafts for a more equitable contract, Mr. Thomas says, have been drafted by him and will be submitted to producers in Hollywood and Culver City.
Many Sales on Burr's Newest
"Last Hour"
This past week was an unusually busy one for the Charles C. Burr sales forces, territorial sales being made on three features, including "You Are Guilty," featuring James Kirkwood and Doris Kenyon ; "Luck," with Johnny Hines, and "The Last Hour," with Milton Sills and Carmel Myers. Lester F. Scott, general sales representative, left recently for th^; exchange centres with prints of the three pictures.
Sales on "You Are Guilty" follow :
Commonwealth Film Corporation of New Yorls for Greater New Yorli and Nortliern New .Jersey; to De Luxe Feature Film Co. of Seattle for Oregon. Washington. Montana, Northern Idaho and Alaslfa ; to Major Film Corp. of Boston for the New England Stales: to Metro Film Exchange of Philadelphia for Southern New Jersey and Eastern Pennsylvania; to Mountain States Film Attractions, Inc., of Denver for Colorado, Wyoming. New Mexico, Utah and Southern Idaho.
"The Last Hour" is sold to the following exchanges: Commonwealth Film Corporation of New York ; De Luxe Feature Film Co: of Seattle: Metro Film Exchange of Philadelphia; Moscow Films, Inc., of Boston: Mountain States Film Attractions. Inc. of Denver, and All-Star Feature Distributors of San Francisco for California, Nevada, Arizona and the Hawliati Islands.
"Luck," Johnny Hines' latest feature comedy for C. C. Burr, has been sold to date to the following exchanges: De Luxe Film Co. of Seattle; Metro Film Exchange of Philadelphia; Moscow Films. Inc.. of Boston; Mountain States Film Attractions. Inc., of Denver; All-Star Feature Distributors of San Francisco, and P. & R. Film Co. of Minneapolis for North and South Dakota, Wisconsin and Northern Michigan.
Tri-Stone Make Novel Arrangement With Exchangeman
OMAHA, NEB.— (Special)— Under Ihe iugenius sales plan ot 'I'ri-Stone there swms to be a yood chance for everybody to mal<e money. A three year contract has just been signed whereby the Wiseousiu Film Corporation of Milwaukee, and the First Film Corporation of Minucapolis, acquire the sole and exclusive rights to distribute Keystone Comedies, reissued.
The man who buys the territory (and each territory is small) pays a price which enables him to offer comedies on a basis that is extremely attractive to theatre owners. They, on the other hand, are showing pictures that already have a reputation for filling houses — showing tUeni not as new subjects, but as old friends come back.
Henry Novitsky and Barney Kean, well known along Film Kow, are now liandling the sales promotion on "Drug Traffic," depicting the drug evil, which is 'being distributed by Liberty Films, Inc. Judging from the enthusiasm displayed by Henry and Barney, this attraction appears to be a cleanup for exhibitors, as it is without doubt the most talked of and timely subject of the year. We contemplate that these boys will experience no trouble in getting contracts, as both are well known in the territory for their square shooting methods.
Liberty Films, Inc., announce that in keeping with their past efforts to present only the biggest and best of pictures to showmen, they have Just purchased the super-production. "Environment," which will be released in the near future. This picture is produced by Principal Pictures Corp., and has in its cast Milton Sills, Alice Lake, Ralph Lewis, Richard Headrick, Jr., and Gertrude Claire.
John Waters, branch manager for Enterprise Distributing Corporation, was in Kansas City last Saturday and Sunday where he was in conference with Mr. Jenkins, the general manager.
Liberty Films moved into their new home in the Liberty BIdg. at 1514 Davenport street last week. The will have a very fine office as soon as they get settled.
The Argus Enterprise, Inc., moved (in March 1 from their present location to the Liberty Building at 1,518 Davenport street.
Two names which feature consistently in C. C. Burr's all-star comedies are Charlie Murray and Raymond McKee. Charlie is known to millions in this country as he grew up with pictures, and McKee is equally well known, today starring on Broadway in one of the outstanding film successes of the year.
Max Wintroub of the Fontenelle Film has just returned from a trip, of several weeks in the East.
Russell Griffin, the five-year-old "find" of C. C. Burr, will pVobably ilevelop his talents to the full under the banner of Mastodon Films, Inc. C. C. Burr has placed Russell under a long-term contract and plans are under way to give this voung man ample opportunity to show his unusual screen ability.
Principal Pictures Return to United Studio
LOS .'\XGET-ES — (Special) — Principal Pictures Corporation will return to the United studios this wee'-. The deal was closed by Sol Lesser and Joseph M, Schenck and M. C. Levee of United studios, following the latter's return to the Coast from New York. However, this deal does not mean that Lesser and Michael Rosenberg will sell their interest in the Vidor studio, which they recently acquired.
Negotiations are now under way to give Johnny Ilines'a latest nielocomedy. "Luck." a rousing send-olT The world premiere in New York will show fhe world a comedy that is a comedy, Johnny say.s. If it's as good as Johnny's "Burn 'Em Up. Barnes" and ".Sure-Fire Flint," and as good as the now famous "Torchies " we agree with him.
Goldberg Buys
Equity Feature
Lee Goldberg, president of Big Features Rights Corporation, of 221 South Third street, Louisville, Ky., closed a deal this week in that city with Louis Baum, vicepresident of Equity Pictures Corporation, for the Kentucky and Tennessee territory on the Daniel Carson Goodman special, "Has the World Gone Mad?"
Mr, Baum is in Chicago this week. He will visit Minneapolis, Denver, San Francisco, Seattle. St. Louis. Cleveland, Atlanta and back to New York.