Variety (March 1908)

VARIETY w STATEMENT GIVEN OUT BY T HE EDISON COMPANY Frank L. Dyer, the Edison Oeneral Counsel, Remarks on the Present Situation Chicago, March 12. While in Chicago this week, Frank L. Dyer, General Counsel for the Edison Com- pany, gave out the following regarding the existing controversy as to the patent situation in the moving picture business: "As is well known, licenses under the Edison patents have been taken out by the principal manufacturers of tjiis coun- try. The patents have been recognized by these manufacturers as dominating the art, and royalties under them are being paid. The claim has been advanced by the Biograph Company that they can operate independently of the Edison patents be- cause the Court of Appeals in New York decided than an early form of camera in which unevenly spaced pictures were taken, was not an infringement of one of those patents. The suit against the Bio- graph Company did not involve the Edison (film patent which covers all moderh mov- ing pictures, and in my opinion is in- fringed by all pictures manufactured in this country or imported from abroad. • "Suits have already been brought in Chi- cago against George Kleine and the Kleine Optical Company for infringements of the Edison film patent. The infringing films against which these suits are directed are imported motion pictures made by Gau- mont and others, and American pictures manufactured by the Biograph Company. These suits will be pressed with the great- est vigor and brought on to hearing at the earliest possible moment. I confidently expect that injunctions will be secured by which further unlawful importation of these pictures will be prevented, as well as further manufacture of infringing films by the Biograph Company. "Of course, should such injunctions be granted, there would necessarily bo a very large claim for profits and damages. We also purpose to bring suit against all the film ex- changes in Chicago and elsewhere who may now be handling or may in the past have handled these infringing films, both foreign and otherwise; as'well as against all exhibitors who mav use them. Evi- dence is now being secured as to these in- fringing exchanges and exhibitors, and upon my return to New York I intend to promptly commence additional suits against them. I have been amused to note in the public advertisements that both Mr. Kleine and Biograph Company have agreed to protect all exhibitors or film exchanges handling their films under the "Biograph patents." I am perfectly familiar with all the patents which have been granted to the Biograph Company, but I do not know of any patent under which any protection whatever could be given. "Some talk has been indulged in as to the so-called I^atham patent on which the Edison Company was recently sued in Trenton by the Biograph Company. This patent has nothing to do with moving pic- ture films, hut relates to a detail in the construction of projecting machines. Such exhibitors as may use Edison projecting machines will be fully protected by my company, which will undertake the defense of all suits that may be brought against them for the use of such machines, and will pay all damages that may be recov- ered, provided, of course, the Edison Com- pany is given control of such suits. "I do not look upon the Latham patent as a serious thing. Ever since its issue in 1902, my company has been impor- tuned to purchase it, but I have always regarded it as so unimportant as not to warrant serious consideration. "Two things, however, may be taken seriously by the public: "(1) The Edison Company proposes to the utmost of its ability to assert its rights to the Edison patents and to prose- cute all infringers, wherever they may be located. "(2) The Edison Company stands behind all its licensees and will see that they are fully protected in any patent suits which may be brought against them for using licensed motion pictures made by any one of its regular licensees. »» AGENCIES' AGENTS SOLICITING. Joplin, Mo., March 12. Four agents of film agencies, members of the two rival associations, visited Jop- lin last week soliciting business under the new agreement. The exhibitors, however, are holding oflf, preferring to see the outcome of the pres- ent fight. DENVER VERY STRICT. Dijnvcr, March 12. A slight fire in the Star, a moving pic- ture house, has caused the authorities to grow very stringent. It has been declared that no more licenses will be issued. The present city ordinance is so strict in this regard at present that it costs as much to build a picture place as it does an ordi- nary theatre. Those who have houses at present are kept busily engaged in fixing them to suit the instructions received from the building department. There are nine moving picture shows here now, all doing good business. Henry Lubelski, formerly the manager of the Novelty, a vaudeville theatre, announces he will open a picture show opposite the Crystal, a Western States Circuit theatre. Mr. Lubelski was formerly associated with the Western States. MUCH M. P. LEGISLATION. : There are four bills pending in the State Legislature having to do with the regu- lation of the moving picture business in this State. Two, introduced by Senators McCaul, of Brooklyn, and Cluck, of New York, which provide for practically the same restrictions, mav bo combined. It is said that tlie New York City gov- ernment is administering the rules as to the rpuistration cf machines and operators more striotlv than fornierlv. FILM ASSOCIATION STATEMENT. The following statement was issued by the Film Service Association this week through its secretary, Dwight Macdonald. It seems to have been compiled for the purpose of informing the trade generally of the developments since the Buffalo con- vention in so far as they relate to the handling of the films, and contains in- formation not hitherto published: Owing to the fact that the secretary has re- ceived a number of letters from member* of the AsKoclatloQ in regard to the recent action of the committee: (1) In adopting a new price schedule. (2) In accepting the ofTer of the manufacturers granting a rebate of 20 per cent, on film pur- chases. (3) In admitting six additional members to the Association, and in order that the r<>ason for the committee's action may be clearly understood by all of the members of the AHSociatiun, the committee makes the following statement on: (1) The manufacturers held a meeting on Feb- ruary 20th. at which meeting a cQmmlttee was appointed to confer with the Exi'cxjtive Commit- tee of the Association. Both committees were in possession of statements from many members of the Association and evidence regarding condi- tions in all parts of the country, and the ques- tion considered at the Joint meeting of the two committees on February 28th was whether the minimum rental schedule adopted at Buffalo was H proper schedule to put In force at the present time. It was clearly demonstrated to those present at the Joint meeting on February 28th. that the Buffalo schedule was not fair to the exhibitor who is the customer of the exchange and, there- fore, in order to meet the demands of exhibitors, recognizing that the exchanges should only adopt such a schedule as would be fair to their customers, the change was made. This action was taken in the Intticsts of the Association as a whole rather than in the Interests of those in any particular locality. The final terms and figures of the new mini- mum rental schedule were agreed upon at 8:30 P. M. on February 28, 1908, and shortly after midnight of the same day, and only four hours later, two copies of the new schedule printed on cards were mailed to each memhor of the Asso- ciation. Thih was the only ofUciai notice of the change sent out until the following day. Febru- ary 20th, on which day additional copies of the schedule and Bulletin No. 5 were Issued. Thus every reasonable effort was made to ofllclally in- form every member of the Association of the change at the same time and in the same way. (2) The Coiiiniittee of the Manufacturers In- formed tlie Kxerutlve Committee that In onler to assist the meniliers of the Association while the now plans were being put Into operation, the manufacturers had deelded to give a rebate of 2<> per cent, on all films purchased from March 2nd up to and including May 30. 1908. In return for this rebate, and in order to strengthen the Association, the manufacturers asked tliat the committee take up the question of admitting further m<'mbers to the Associa- lion, niey nr>;ed that there were customers of the manufacturers of long standing wlui were excluded through inadvertence or error, and that it was not fair to drive established businesses into direct opposition to our movement, and that It would be an advantage to our Association to have certain other concerns admitterl. (.'{) The Executive Committee thereupon re- vitnved its actions up to and including tlie Buf- falo meeting and again carefully examined the resolutions of the Association and the by-laws adopted at Buffjilo. It was found that there was snfflrient authority conferred by the by-laws to permit the committee to admit, subj<'<"t to the ap- proval of the Assm'latlon at Its next meeting, such concerns as were properly qualified. •V full re|)ort was then furnished to the com- mittee as to the applicants, whose names had not been presented to the meeting at Buffalo, owing to the fact that at that time sufficient In- f<»rmatlon liad not be<'n received, either through the delay of the mall, or that checks covering the necessary advanced payment of dues had been delayed, or for some similar reason, the re- sult of whieh was the said applicants had never been properly considered, and had lu-en unable to have a bearing owing to the said delays, etc. After reconsidering all of these cases, the Kx- ectitive Committee voted to, and at flie meeting of February 28. 1908. did admit to the Associa- tion, sul)ject to the approval of the Asno<-latlnn at Its next meeting, and conditioned iqion the payment of the original fee of $200. tlie following six meml)ers: Denver Film Exchange. Denver. Colo. Ix>per Brothers. San Antonio. Tex, Monarch Film Exchange. Oklahoma City. Okla. Pearce & St-heck, Baltimore. Md. Philadelphia Film Exchange. Pliiladelphla. Pa. Trent & Wilson. Salt Lake City. IMsh. In addition to the question of new members, the Executive Committee tor»k up the proposition of granting new branch offlcen for whieh several memlwrs of the .\S80<'latlon had asked. The com- niltte*' tmanlmously vote<l that n<» aildit tonal branch offices Ih« granted unless, by the action of the Association at a regular meeting, further branch offices are admitted to ineniberslilp. FILM i^KUVICi: .\SS(»CIAT10N. By Dwight Macdoniild. Secretary. "Avenged by the Sea." '•Avenged by the Sea" is a French (Pathe) picture and gruesome. It should have no place in an exhibition designed t« amuse or educate. The title is not the proper caption. A mother and father affectionately bid their two sons farewell as the latter set forth on a sailing smack. While at sea, a struggle occurs, caused by one of the brothers* jealousy, a girl's picture taking a part, the original of which was shown in the early views where the story is partly told. The jealous brother stabs the other, the murdered one falling overboard. When the murderer lands, he is confronted with the vision of his dead brother, which drags the living one into the sea as well. The final picture is the aged parents gazing seaward, giving up hope of ever seeing their sons again. The picture is not dramatic—nor even melo- dramatic—it is simply morbid and grue- some, one of the kind which should never be taken, let alone placed on the market. _ _ Sime. "Too Much Champagne." Colonial. This series goes 'way back to the days when magical subjects were in high favor, and, except for several ingenious trick pic- tures, is not very interesting. The open- ing shows the return home of a clubman, very much the worse for an evening of cards and other things. As he walks, the landscape sways drunkenly, the rocking motion being continued until the "souse" is asleep in bed. The rest shows his night- mare, in which he walks through a sort of Dante's "Inferno," with devils, red fire, etc., after the manner of another film called "The Welch Rarebit Fiend." A "nance" devil appeared for an instant and got a laugh. The comedy of the remain- der was not particularly amusing. Rush. Gladys Tx)rkwoo(l, "the C.ibson Girl" of "The Pianoiihii'ii'ls," is apiicnring in a single act wi the Orphcum, Yonkers, thi^ we«'k. her fii.st. Miss Ix)ckwoo(l is called "The TniU)r Made Girl." and said to be f»ii the Clarice \'anrf' ^^tv'e of singer. "Mr. and Mrs. Jollygood Go Tandeming." 5 Mins. • Unique. On what has been seen around town of the Pathe pictures, it would seem that when the Pathe people secure an idea for a comedy subject (perhaps others as well), they exhaust every avenue before stop- ping. "Mr. and Mrs. Jollygood" is an il- lustration. A man and woman start out on a tandem bicycle, and bowl over eve:y- one in the way, the series becoming a "chaser," ending in the arrest of the rid- ers. Their return home, and the expense account of the damage wrought, itemized and thrown on the sheet in statement form, is the finish. The picture has been well worked out. That is one big point in its favor. Also the comedy is there, though in no great laughable quantities, but it is a good film in its class, the diffi- culty being that persons familiar with moving pictures are able to guess the story the moment the couple mount the machine. In an instance like that, there, must be an overabundance of fun to off- set the prior knowledge. The lecturer, or describer, at the Unique ought to be rau- tioned that a civilized person when speak- ing, even in a moving picture, does not make a noise resembling the prowling' of wild animals. The talk behind the sheet should be as intellij;ible as the mnn at the Manhattan makes it. f^intr. Frank Foperty is plnyins both the Colo- nial and the Alhamhra this week.