Variety (October 1963)

16 _ PICTURES Crucial Censor & artnet righ Decisions] | ;the Lake Congregational Chureh+— Washington, Oct: 22. A major censorship ruling. ‘will | likely highlight. the show business opinions. of the U.S. Supreme Court which opened its “new term recently. censorship review last-term. when the Court: decided to hear. back-toback arguments on. two. ‘film..and book banning. . cases. Arguments. had already been heard on the’ con viction of Cleveland ‘Heights; Ohio,. theatre owner Nico Jacobellis: for. showing “The Lovers.” When the} tribunél agreed Jater:-to hear the| case of Los Angeles” book~ dealer.; Bradley Smith, convicted for -séll ing the Henry, Miller novel “Fropic of Cancer,” it’ took: the ..unusual| step of rescheduling “The Lovers”, case. From. the «combined cases | the: Court is éxpected to set guidelines: for lower ‘courts and juries to. de cide what is.obscene and what is ket’ and’ drive Viking out’ of busi artistically and. ‘socially important.. The heed for new rules:apparent|’ ly stems from the: conflicting Jower court decisions on -the present high court censorship standards. Several.| years ago the tribunal. said the rule for determining obscenity . is whether ta. the .average; person, applying community standards, the dominant theme: of the material | taken as a whole appeals to -the |. purient interest. and is devoid. “of-| social importance. Also on the court. ‘docket. are. several other censorship: eases and. issues of anti-trust in film distribu-: ting and exhibiting, FCC and: broad ‘casting and. the legal responsibili-.| | ties of bandleaders. ‘Censorship me “A New. York bookseller Wants ‘the court to hear his case and work: into. its: censorship: doctrine rules } for .works: ‘containing: suggestions } of perverted sex. The bookseller, Harry Fried, was ‘convicted’ under the state’s obscenity: law for selling | a paperback ‘'College for Sinners.” A Lakewood; Calif., book. dealer | .. -is asking the court. for-an. opinion on whether he has to “know 1f a book is obscene. before -he can: be convicted for selling it. The dealer, Samuel Dodd Williamson,’ said |. California law doesn’t accept: as a defense. the bookseller’s belief that | the work sold isn’t. obscene. ‘The manager and .an ‘employee | a Of Oaks Theatre. in-Pasadena, Calif., want.a ruling.in a case where they | said they had ‘to prove film shown “was not obscene. ‘Eugene Wenzle "1. and John Imlay were: convicted in| ‘Pasadena Municipal’: Court: for) showing the ‘film “First, Fling. aa _A Florida author -wants : ‘the tri-: ‘of Pasadena who say KRLA ‘is the: only. area station: carrying religious programs. FCC’s: ..revokation -.. of | KRLA’s license was upheld by the | “| US... Court’ of: Appeals. here. eee ‘The stage was ‘set: for a. major | . -Films—<Antitrust — A ‘Philadelphia. theatre ‘owner wants. the court to .rule ‘on ‘the} ‘and ‘exhibitors really’ get: out ‘after.| it. The general stréam -of product | ‘that -is.coming off the ‘line ‘is..very-| good,” *” stated Sir Robert Kerridge, 1. grounds used. by. a U.S. District Court; in ‘rejecting his ‘antitrust |: suit | against: three other: theatre. owners and the seven Major. distributors: ~~ Viking: Theatre. Corp,. Jowner. of one. house ‘in Philadelphia, -Says ; the Federal Court: put too many. limits’ on.. the. evidence it. could present in: the case. Viking’s’ ‘lawyer’ -is Edward Bennett Williams. . Viking charged William Goldman | pheatres and Stanley Warner, each |: owning | three first’ runs,. and Fox; | owning one, with conspiring. with. the distributors :to: divide the mar ness. The ‘District Court. only ‘accepted as evidence. films for which Viking. bid and then ruled the house didn’t. chave. enough. evidence .to :‘prove conspiracy. or claim . injury. This | ruling was upheld -by the’ ‘Third | ¢ Circuit. Court | of Appeals. . _— | Music American Federation of Miuisi| ‘eians wants: the High Court ‘to. de ‘cide if-a dandleader,,. who as a union: inember, collects and ‘turns over anion ‘dues to headquarters; is vioJating the ‘Taft-Hartley Act. That law forbids employers to give mon ey. to. unions. In the .case of’ AFM New-York ‘local. ‘802 versus. Ben Cutler, “the | ‘|union. wants a :-court ruling: on “whether a bandleader or the person: hiring ‘the. ‘band is’ the legal. em-. loyer: . a ‘The. US. Courts: in-New York said the band leader, collecting. dues from. side-: ‘men, is an employer and issued injunctions : Against this Practice. DisneyRalke In Quiet Ending of “Hollywood,” "Oct: 99. » Legal dispute between: Walt’ Dis-: ney. Productions.and Ralke Co. ‘of. | ‘These are-in addition: .to.. the ap‘proximately 500 theatres in. New] 1 Zealand,” he: .stated.. Las. Angeles: over. rights. to. Disney's. 360-degree projection’ system, : Cir-. ‘Odeon. Circuit; circuit © ‘chief, ° ‘whose chain ‘is. at propri eta ry company owned. : District and. “Appeals: + production, : “Trade Secret’ Tiff ..and we handle ‘all the British .and:| burial to rule on the state’s obsceni| carama, -and . counterclaim filed by.|. ty law, under. which his book: about: Ralke have -been:-dismissed ‘by mu| a brothel madame was banned... ‘tual. consent, according: to Donn Robert Tralins, author of. “Plea. .Tatum, Disney. executive veepee,sure Was My) Business”. said the. wha. stated no. monetary considera| expose “is. socially: Valuable” . and:| tion was’. involved in. termination i ‘contains “vital matters of public |} concern.” “He ‘also questioned: the} expertise of state witnesses : who said the book didn’t measure. ap to -Miami’s. commuhity ‘standards. “ .. Copyright . Harry Toulmin,. author. of. “With: Pershing in. Mexico” wants. the. court to decide-.a: “fair -use’’ issue _His infringement suits’ against the: "publishers of the novel “They Came: toe Codura” were rejected by. the: U.S. District Court. in’ Dayton; Ohio | and the Sixth . Circuit: Court ‘of | Appeals. ~ ‘Toulmin says Glendon Swasthaut author of. the novel‘ copied’ twe: phrases. from his factual ‘account giving ‘the novel “an air of authen-: ticity.” He says. this is infringement and not “‘fair use” . -aS the lower | . courts ruled... “Broadcasting ASCAP’s. licensing: practices: are ‘getting another .fling™ by (346 | sta-1, tions. The tribunal turned ‘down ‘the: stations’ appeal last year: for..AS-|. ‘CAP licenses covering: only ‘their. programs and -not web. or. syndicate |” products. The: stations. are _asking. the court to. decide if: they can ap-. peal. a U.S. District Court: ruling against them:to an Appeals Court. | Last year, after the Supreme Court rebuff, the Second Circuit Court} of Appeals ruled that only: the high court could hear appeals resulting from the ASCAP consent. dzerec. The Eleven~ Ten . Broadcasting | Corp., licensee of KRLA, ‘Pasadena;,Calif. is: asking the’ tribunal to rule if FCC can revoke.a license}. on as general manager..New. duties. inelude. buying and’ booking firstrun product for the. independent backed by the Immaculate Concep| house® which will be. Tun. by. Hipp tion Church of Los.: Angeles and} Bldg. Co. " on grounds not listed in. the original hearing notice.. The. station: is of actions, ‘Disney originally started: itiga! tion: against. Ralke. in an..alleged | -. “trade secret” suit*.over. the’ sys-| tem, ‘which. features. a theatre with . “and. Ralke.| . ‘charged: unfair competition in. $1,-.1-500,000 counter-suit:: He contended. dates. |. ‘back ‘to 19th Century, and” could. _ notinvolve “trade secrets”’. either |‘of his organization. or. of Walt t Dis, a’ 360-degree screen, the . 360degree . projection: : ney: ‘Productions, Tatum in his. ‘statement said: Bt based upon “testimony ‘-taken‘and : an. examination of records, no eyi-" dence. was found ‘of any \infringe-. ment .ofthe ‘Disney: rights: with |} respect to process up. until. time: of settlement. Oct.. 17. Lo HIPP,, CLEVE; SWITCH, Babin, | to: _ Operaie—Silverthione: ‘Remaining ‘Cleveland; “Oct: 222. houses. ‘the ° 3,500-capacity * house. Current leaser is the Eastern Hipp. ‘Theatre “Corp. :of. which : “Robert. | Smerling of Newark, is: vice. “pres| ident. the Hippodrome for 13. years, stays Elmer Babin, owner of. Several |: Cleveland ‘downtown. ‘buildings, is. |: ‘taking over’ ‘operation: of Hippo‘drome ‘Theatre. Noy. 1:.He owns’ the. Hippodrome. ‘Building ‘which |: with’ fall..back pay.. SR ROBERT KERRIDGE ~ BYES YANK PRODUCT}. Los Angeles; Oct. 22... There” -will be. a revival ‘in| ~ ot ew wee head: of New. Zealand’s Kerridgewhile here. The | equally by himself and the J. Arthur Rank syndicate, is herefor a few: days. enroute. to. ‘New ZeaJand from a “two-month ‘visit in+|: Britain: “Although my: visit. is in. the} nature. Of: a. stopoff, I. ‘have. many: : business. associations’ here and it |. ‘provides. not. only an. opportunity: | to look:-at some of the:-new: ‘product ‘but to know. where. the. interest: is} going.” We're. very optimistic :. in New. Zealand and the current. ‘year, : ‘which . goes -throtigh the end -of March, will -be our-récord year to date. We're: ‘working. at ‘it and dur-|. 9. [ing ‘the. past year have erected a Se } mine’ new theatres.” pos Sir. Robert. -also explained : ‘that | the .K-O' Circuit. had 130 -theatres ‘inNewZealand -with the : major. houses. located in the metropolitan areas. _ These ‘houses:..include :some:|: that: are: exclusively ‘for live thea|. tre: ‘as, with the. ‘absence -of: tv. in| New : Zealand, live entertainment |. has remained an important part of |. showbiz.. Some of. the houses. ‘are |: also: equipped: to.sérve dual. pur-: | poses, being. primarily: film thea|: ‘tres. but equipped. for’ legit when’ $0 Jt desired: | , “We. have: no. “télévision, and ou thereforewe have. had. ‘the cad| ° vantage. of . ‘happen’ if. it. ‘did: materialize. -How-| .-3 -| ever, it is not too likely at. present: 7 | Our. tastes.in. theatre and films ‘is’. "| basically the. same’ as ‘those in|= ‘There’ Ss. ‘comparatively |ittle -interest..in “New ‘Zealand: in| "| foreign-language. ‘films. and. most | O£ -: the ~ product ; ‘is British. and | American. “There’s: ‘almost. no film} a few. documentary: seeing. what | could 4 Australia. . shorts and that’s about it.“However, also”. the: “‘Jargest © distributor ‘of motion pictures:.in. New ‘Zealand |.’ ‘| most of. the American 16m films. }: This is a very. important item: with.| all. the. military posts, ‘schools, ete. "| those: that were’. ‘used in. Great. Britain. Film Inspection Service Forced. to. Reemploy Washington, Oct. 92. National Labor ‘Relations Board. |has cited: Film Inspection Service Inc.. of. New. ‘Orleans for unfair labor: -practices;. A three-member panel of the Board upheld a: Triak Examiner’ s the company. to reinstate a busi . |mess: agent for Local.B-57; IATSE |and the ‘Motion ‘Picture Machine: | Operators of the U..S. and ‘Canada: “The business agent, Roy: Hirstius.| ‘was © fired: :after. “Several disputes ‘with. company prez | Daniel. Bran don... The ‘Board upheld::the Ex aminer’s reasoning that Hirstius| “was. discharged primarily. ‘because. of. union activities. although other factors. were involved. _ “Under. the Board’s. ‘decision ‘the. -:| company ‘is ordered ‘to hi = Jack: Silverthorne, ‘manager ot | pany rehire: .Hir Stius .without | prejudice... to. his. seniority.. and-other : rights ‘and -Panel members’ ‘Were ‘NLRB Chairman ° Frank McCulloch and menibers . John: Fanning: and: Ger 7 ald. Brown. Asked . about’ censorship: ‘or Glassification’ of: films,. SirRobert said. 3 that: it, was. handled. indentically as‘ | ‘the British’ ‘handle it: with. most: of |’: the classifications or ‘cuts © being |* Ousted Roy. mn | “Tecommendation : for | the unfair: -labor’ rap .on: the .com-. pany: which. ‘inspects. and. ‘Fepairs. ‘| motion. picture ‘film | for shipment: , |to Louisiana, Mississippi, ‘Alabama. ‘fand Florida™ for ‘seven. major dis~ | tributors.. He ‘ ‘In. backing’ -the‘examiirier’s tec: ‘commendation; the | ‘Board ordered me “Week. Ended. Mon. | (2). Actual. ‘Volume. | Wednesday, October 23, 1963. in usement Stock totais Week Ended Tues, ( 22). : N; -Y. Stock: Exchange : war | ae 1963 | ‘Weekly Vol. ‘Weekly Weekly’ “Tues.. Change: | High’ Low 7 ‘in 100s. High) Low’ Close _,for wk. « 15% 1214, ‘ABC Vending 201 13%. “13% 13% iA ‘381% 277%. Am Br-Par. Th 666. 333%4.. 31% 338% “41 \. 2136: 144 Ampex -.1084 193% 17%. 19%. +1 81%. 4246° CBS. ...:. . 473 «8134. 276% = 8056. +4°: 18% 12%: Chris. Craft 188 1334 2 1B. 138%4> 2912 2214 Col Pix ..-.. 107 2546. 23814 237%. 198 “46: 45%. Decca | 12 45% 454% 451%. — © 46342734 Disney....... 469 4536 44°. “MA 122%, ‘106% Eastman. Ka 449. 11416 110% 113° 4. OY 63% 544 EME ee IT 5945“ KO OH. "1614 956 Glen Alden . 241 14% 13% 13%. — % | 2334. 1534. ‘Loew’s ‘Thea... » 8k 17% jI7%4 1%° +% 6834 48° “ MCA.Ine. ..27. 646144: 6234 +1% 1874 15 Metromedia *, 678. 3734... 3446. 2 8h, +2% 3714: 28° -MGM _... wees 176 ‘3246: 3034. 3034. ee 1234: “77 Nat: Gl Corp. 753° 11%. 39% 211% +1%: 2434 2014 Outlet. ...:71480 2234 22. 22% i. 538% 3514. Paramount. 235 5156 484 . 4836. —238. "21144 12014 Polaroid ..1424 "167144 150% 35258 : 8% 93% 56. “RCA... .++B18T 9314 781% = 9134 +1356 1014 634 Republic. “ >. 60: 93% <9% . 9% +. yy: 1654 :14Rep.. pfd. 7. 1554 715% 1516 — 4% (2534 2016 Stanley War. 65° 2444 2356 24 ; 45%. 31-. Storer. .: 30 . 40% (3934 40%. +~% >. 2814 1774 Taft. Bdest.".. 516 ©2434... 2316.12440 oI 37 ~ 20 °° -20th-Fox ©. . 307 33%: 3b4° 314% —% 32. . 1734 United Artists: 345 24148 2218 22% —%k%: 1644. 12% Warner Bros. : 650° 15345 1454 1544. +4: 75:.. 51: “Zenith. 179175 66% ~~ 7456 4-856... 7 “American. Stock. Exchange Te oe” a 4. 26 Allied Artists 162 3% ° 2% 2% + 36° 834 BalM’nt GAC. 25 i 6% ae as 12% © 354 ‘Cam-P’kway. 56-0 9%. . 834°: --B3%4 = + 1% (24% 16% Cap. Cit. Bde. 104° 22% . 2014". .21% L154 17% 12% Cinerama Inc:.454 16%. 153%4.° 1534 — 1%. 9 6%. Desilu Preds. 48 £712 4.1% % -—% 83% .434. Filmways-...134.. 834. :°814 34 —%, 11% °:9 MOvielab §=§69% 9%: 9% +% 13 5 534 MPO Vid 167 13%. 10% 13%+3 "358 214. Reeves Bdest: 11 3°. “2% 24 es | “5Y 2%. Reeves Ind.. 149 3%. ° 34% 34 —¥% 17341314 ‘Rollins Bdest, 32.9 16° 154% 16-3: +1% 25% 1634. Sereen Gems 19 2072: 19% 20. Se: 22° (854 Technicolor :1651 22. *. (2054 20% —%.. -634 41% Teleprompter °225 : c/n os ose “234 <¥Y Tele-Indus. -110 re . Wa“, MN. +% . 1444 Al ‘Trans-Lux: “8. “Tne 1% “—% (Courtesy of Merrill Lynch, Pierce, Fenner. &. Smith, | th, Tie.) -Kerridge-Odeon is / “ (Source: ‘National Assn, of ‘Securities Deaters Tae.) ~ Oversthe-Counter “Securities Bid Ask . : Commonwealth Theatres of Puerto. Rico. 614 Moh WB, Four Star Television *: te 10% noe W400 HIS _ Gen, Aniline & Film ..). 2.000. 000..06.566385862° 5 Genera}. Drive-in ; eee ese c cue 956: oo + 10Ya — If. Magna Pictures. «.~..6..5.000.b 550 ces, » 15% ; ‘. Medallion Pictures. vee fee ae sap sies veces 4434. 1 +14 , Pickwick International ‘: eeeeteseseeeee. 4 @ AI .* Premier Albums __..... eee we wee: ° 5K 654 ‘Rust Craft Greeting Cards™. efaeeleiecaes 12° "18% —™% “Seven Arts Productions: ..........-.. i “Sim + %Transcontinent Television. .:......° 19: 204.5 —%™ U..A. Theatres |: . 10% 11% Universal Pictures wees 66 “90142. aw: Walter Reade-Sterling Ine, Se ee? Mae + 4% _ Wometco Enterprises. . ede om seweseesacee BT 40% +3%4 . ‘Wrather’ Corp... leg be ce D teere we wales vs wee ™,... 8 _— +} the problem.’ Among. five major ‘trade associations; only the’ Federation: of . British. Film Makers. has: .|.come. out: openly: in favor of immediate remedial measures such as \ the. creation ‘of a. third circuit, higher Quota, ete, Jt. has: ‘the backing; ‘whether: it ag ae at eee ‘of: Film Unionsy which is openly:| | challenging threats of redundancy |’. ‘and — demanding . . ‘either from industry or ‘the govern-: ment. The: FFU was.in session. last. ‘weekend. formulating: ‘an’ -‘agreed.policy. to ‘combat the: redundancy likes it or ‘not, of the “Federation strong: . ‘threats.’ “As” an jronical. tailpiece,. even ‘the: most: ‘diehard’ conservatives. among the film : ‘producing fraternity be-: ‘live that there .is no hope of gov-| § ernmental ” intervention" until’. the | -Sti | Labor Party : Teturns.:to power. .In the ‘event of a Socialist victory at the. next general: eléctian—when-. ever that may. .be—Harold Wilson . would. certainly -be named. Prime | Corp. ‘priority. political ‘issues -on ~ his... agenda . if. and -when hebecomes: . premier, . but he is remembered ©. . as someone. with -knowledge and .~. .’: | practieal © experience ” about. the. * “action | . —. Continuea ‘from page 4 — Industries, . Louis Chesler;Circle ‘Film Laboratories, Carona ‘Productions, . Dor Theatre. Television: Cy Fabian, Film: Management: “Corp. »:James-’. ‘Kaufman, ‘Spyros .Skouras, . David. tions, British F ilms Face Deep Crisis. —— Continued from page 35 ‘will ‘mature. “However, the. Films ‘Council was in secret session again: yesterday (Mon.),though there was’ ‘little . prospect of any immediate 1 action.. To." a. large extent: there . ap: “Minister. . a The industry. recalls. ‘his. ‘vigor.. OUS Measures, .aspresident. of. the Board: ‘of Trade, ‘in-1948 when he _, }introdiiced a: 45% Quota for Brit-. ish. films ‘and sponsored legislation. pears ‘to be a. defeatist -attitude. to | to create a Government films ‘bank, , ‘via the National Film. : Finance -_ He will.” certainly’ :‘have film ‘industry.: Essex. Universal -Corp.,.. » ‘Moulin . Productions, .. Productions, . B Productions, | Joseph : Harris; : . . a se ene anes eager eee a te car eh get pe ay came ye * -Triple-B. Zwillinger © Produce. . “Associated ‘Productions,: Robin ‘International, . .Horizon-Sam: Spiegel, | Holiday .. Films, California ‘Studias. . . oe gia nen fe nny Pete osama tate te tot ei ere fee nen tee orn eee oo