To prohibit and to prevent the trade practices known as "compulsory block-booking" and "blind selling" of motion-picture films in interstate and foreign commerce .. (1939)

6 TRADE PRACTICES IN MOTION-PICTURE INDUSTRY The pictures that were played by the least number of accounts in the Fox group of 51 that year were the Constant Nj-mph, Heart Song, and J. B. Priestley's famous book, the Good Companions, which was only shown in 2,026 theaters altogether. Xow, I would like to put in the record some similar schedules of the national distributors for the pictures they made, sold; and released for the most recent releasing years for which the figures are complete. Until the contracts were played out, such figures cannot be compiled, of course, as these are the figures for the 1937-38 releasing season; that is, all of the pictures released by each company in the 12 months starting August 1 or August 15. These schedules show a very wide variation in the number of theaters that show the different pictures released in the same group block bj the same company. If they are sold hy compulsory block booking, most theaters must have a big cancelation privilege. If not, then most of the theaters must have a very wide selection when they buy. Actually, exhibitors have a variety of ways to get out of playing a picture. They may cancel it by the 10-percent clause in their contract. They may have a selective contract, that is, buy 40 out of 50, the 40 to be selected as they are released. They may persuade the distributors to cancel a picture by mutual agreement, by bargaining and trading. Or they may just refuse to plaj' it and defy the distributor to make them use it But by one or more of these methods, it is quite obvious that most theaters do get out of plajing certain pictures of every company, otherwise every picture from the same company in the same year would play the same number of accounts. Xow, on community selection: What is community selection of motion-picture films? Let us be sure what we are discussing. From their own testimony it appears that the proponents themselves have different ideas. To the exhibitor it means a picture which the greatest number of people mil come to see. To the representatives of women's clubs and welfare groups it means the picture that they think the people should see. To the general public it means a free choice to see anj picture that it wants to see. Thus it is obvious that while they are using the same terms, the three groups are talking about three different things. The facts concerning the selection of motion pictures now secured b}^ the theaters in the United States as brought out in this testimony shows the following variations between the number of theaters that exhibited the feature picture vdth the widest circulation and the feature picture with the smallest circulation marketed hy the same wholesale distributor in the same playing season: Tivcntieth Century Fox Film. Corporation, 1937-38 playing season. — One motion picture had 12,214 bookings, another m.otion picture had 3,947 bookings. BKO Radio Pictures, Inc., 1937-38 playing season. — One motion picture had 9,567 bookings, another motion picture had 845 bookings. Universal Pictures Corporation, 1936-37 playing season. — One motion picture had 10,567 bookings, another motion picture had 2,315 bookings. yietro-Goldvnjn-Mayer Pictures, 1937-38 playing season. — One motion picture had 10,873 bookings, another motion picture had 5,455 bookings. Columbia Pictures Corporation, 1936-37 playing season. — One motion picture had 10,298 bookings, another motion picture had 2,006 bookings. Paramount Pictures, Inc., 1937-38 playing season. — One m.otion picture had 13,200 bookings, another motion picture had 3,947 bookings. These facts and figures seem to be conclusive that contrarj^ to the assertions of the sponsors of the bill, the theaters actually have a wide selection of the pictures released and sold by the eight wholesale