The New York State Exhibitor (1933)

YOUR THEATRE AllglO'33 Page 15 E ROSS Herman Ross will produce Jewish fea¬ tures. ROYER It is expected that Fanchon Royer will deliver between 12-15 features during the new season. SHOWMENS David J. Mountan president, announces that Showmen’s Pictures will make a series of 8 features to be independently released. STARMARK Six features are expected from this or¬ ganization. STERLING Announcement from Sidney Algier was to the effect that independent features would be made by this company. TOWER Six are expected from Tower during the new season. TROP Jack Trop, president, announces that 0 features will be made. UNITED ARTISTS Company intends to produce about 35 features and about 2(5 Mickey Mouse and Silly Symphonies. UNIVERSAL Universal will produce 42 features, 52 two-reelers and 59 one-reelers. There will be 104 issues of the news. WAFILMS Walter Futter intends, during the new season, to produce two features, four 4reel novelties and shorts. WARNERS Company is expected to announce about 60 features and 100 shorts. Specific infor¬ mation was not available at time this sec¬ tion went to press. WEEKS George Weeks may get back into produc¬ tion on his own. WKD WKD Productions plans 4 features and a number of shorts. ZEIDMAN Bennie Zeidman will make 4 features, two for Universal and two with releasing arrangements not set yet. Apparently the indepen¬ dents believe that 1933-1934 will see their rebirth. From all appearances more inde productions will be present than in many, many seasons. Service Charges Continue Theatres must continue to pay ERPI according to m recent decree handed down in the now famous Stanley-General Tallung-Duovac-Erpi Suit. THREE DECREES handed down by Judge John P. Nields, in the U. S. District Court, at Wilmington, in the anti-monopoly suits of Stanley Company of America, Inc., General Talking Pictures, Inc., and Duovac Radio Corporation against Electrical Re¬ search Products, Inc., provide the plaintiffs with injunction reliefs in only two issues. FIRST, ERPI is restrained from en¬ forcing or attempting to enforce, UNTIL FURTHER ORDER OF THE COURT, that part of its agreement with the licen¬ sees licensed to use its sound reproduction equipment, which obligates the licensees to obtain from ERPI all additional parts anu renewal parts and assembled parts re¬ quired for the operation of the equipment. SECOND, ERPI is enjoined from en¬ forcing that part of its agreement which obligates, in practical effect, producer licensees to distribute the talking motion pictures produced thereunder, only for use on reproducing equipment provided by ERPI. THE DECREES handed down July 26 only concerned ERPI and not the American Telephone and Telegraph Company and the Western Electric Company, also defendants in the suit. EXCEPT for the two concessions granted the plaintiffs, the petition for the preliminary injunction was denied by the court without prejudice to the right of any party of the suit to raise any question de¬ sired at the final hearing. THE COURT’S DECREE made no reference to the plea of the plaintiff’s counsel the previous week that ERPI be enjoined from assessing weekly service charge on its equipment in the 47 Stanley theatres, the weekly charges amounting to a total of about $1,100 per week. This issue apparently must await the hearing for the permanent injunction. THE DECREES filed by the court cite that the following picture producers have entered into agreements and contracts with ERPI: The Vitaphone Corporation; Paramount-Famous Lasky Corporation; Metro-Gold wyn Pictures Corporation ; United Artists Corporation; Fox Film Corporation; Fox Case Corporation; Fox Hearst Corporation; Firnatone Corpora¬ tion; Hal Roach Studios, Inc.; Christie Film Company, Inc.; Universal Pictures Corporation; Columbia Pictures Corpora¬ tion; Sono Art Productions, Inc.; AudioCinema, Incorporated; Baisley & Phillips, Inc., Ltd.; Educational Talking Pictures Company, Ltd.; Cinelog Corporation. THE COURT cites that each agreement was accompanied by a contractual letter containing the following provision : “In order to promote the use of sound records in connection with motion pictures, and to make an ade¬ quate market for your productions and four (Products) reproducing equip¬ ments, you agree that all theatres operated by you or by your associated companies shall install our reproduc¬ ing equipments (which you agree are hereby adapted as the standard equip¬ ment for such purposes) wherever and as rapidly as in your judgment conditions permit and we will supply such equipments as rapidly as we are able to after receipt of order there¬ for ...” THE COURT’S decree continues: “That each of said agreements of license and lease and said contractual letters obligate in effect the producer licensee to distribute the talking motion pictures produced there¬ under only for use on reproducing equip¬ ment of Electrical Research Products, Inc. ; that the aforementioned provisions violate the Act of Congress of the United States of October 15, 1924, commonly known as the Clayton Act. THE LICENSING AGREEMENT pro¬ vides a clause which reads: “in order fur¬ ther to secure proper functioning of the equipment satisfactorily to the parties hereto, it is agreed that all additional and renewal parts and assembled parts for the equipments shall be obtained from Prod¬ ucts,” which the court decree construes as a mandatory provision for the licensee or lessee to obtain such parts from ERPI. This, too, is held by the court, as a viola¬ tion of the Clayton Act. THE THREE DECREES are practicably alike in all details so far as the findings are concerned. Notes on Wide Range By H. B. SANTEE W’ESTERN ELECTRIC Wide Range Recording represents the finest quality of talking picture sound that has been achieved to date, a statement from that company states. It is the latest develop¬ ment of years of research and experimenta¬ tion at Bell Telephone Laboratories to remove some of the limitations previously placed upon recording and reproduction by the unsolved problems of science. It has ( Continued, on page