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)

TRADE PRACTICES IN MOTION-PICTURE INDUSTRY 13 between the synopsis and the motion-picture film covered thereby, the exhibitor could cancel the contract or at his option retain the contract but claim damages for breach of warranty. This latter provision was stricken by an amendment on the floor of the Senate and is deleted from the present bill. For any person who fails to furnish the synopsis required by section 4 or knowingly makes any false statement in such synopsis, section 5 provides fine or imprisonment or both, similar to that provided for violation of section 3. It is to be noted that the measure makes it criminal not to furnish to each exhibitor the synopsis prescribed at the time of the making of a contract for the exhibition of a picture, notwithstanding the fact that the picture may be completed and available for exhibition and even seen by the exhibitor. This seems unconscionable. It was forcibly impressed upon the committee by witnesses importantly engaged in the production of motion pictures that this section must hamper the successful production of any motion picture which is attempted to be licensed by contract in advance of production. Explanation was made in detail that motion pictures could not be produced artistically in order to conform to a synopsis of the scenes written before the actual production of the motion picture. There was graphic illustration in the case of the many changes made in a recent outstanding motion picture before it was produced and how it would have been impossible for the studio to achieve such success if it had been required to adhere to a synopsis of the picture which had been previously furnished to exhibitors who had made contracts for the exhibition of that picture. A witness who appeared before the committee at the request of the Screen Writer's Guild, affiliated with the Authors' League of America, recognized as the exclusive representative for collective bargaining for all the screen writers in Hollywood, made this observation to which no person seemingly can take exception: The difficulties that confront motion-picture production not only in creating the finer form of the screen play but also by reason of unforeseen exigencies and unstandardized human factors that exist in no other kind of production or manufacturing make it absolutely impossible to give any exhibitor an accurate statement of what any specific screen play will contain in the way of story, characters, themes, and dialogue before the picture if finally completed. The screen play may be written to the satisfaction of everyone involved — the writer, the producer, the director, and the starring personalities — and it may have proceeded far into production only to be halted by the sudden illness or death of one of the performers or a sudden new development in public sentiment or in contemporary historical fact. The defects pointed out must require the motion-picture production and distribution companies to forego contracts in advance in groups. Blind selling in section 1 of the bill is described as the practice whereby "films are leased before they are produced and without opportunity to ascertain the contents of such films." Section 4 according to the sponsors of the bill is not designed to prevent negotiations for contracts for the exhibition of films before they are produced, or before they are trade shown to the exhibitors. They have admitted that a requirement for trade showing would unduly burden the industry, set up an impossible condition for small exhibitors located in remote places, and hold back ail classes of exhibitors in playing time; they have recognized that such a proposal