Variety (Oct 1931)

PICTURES VARwrr • Names in Pictures Are Restricted I From Recommend^ IVodw^t iqr Hays ^^^^ Resolve . Hollsrwobd stars will no longer be Q,t>l^ to moke pin money In lending indlacrlmlnately . their, names and photographs of their faces to bolster advertising of commercial product The Hays organization, after conr aiderlng the matter for years, has ofiRcially put up'the bar of restric- tion on this outside phase of con- etellatlon money making. Injury to box office draw of high calibre ^creen. names is the. chief reason. An . official check up is re- sponsible, for the action since it has. revealed Instances where the draw- .ing ability of certain stars has been lessened -n-lth the fan public by the promiscuous okay system of a lot «f articles the average star never vsed or heard of. The Resolution In the language of. .the Hays tesolution this is tfie manifesto be- ing generally prepared for all con- tract people, directors . and other •mployees as well as performers: "Whereas, from time to'time ' determined. efforts have been made by various- persons and corporations to secure'the use for advertising and commercial purposes of the names, endorse- ments and photographs or other ' reproductions of - the physical likenesses of personia engaged in .the motion picture Industry, and ^particularly of stars, featured players and directors; and ''Wliereas, in many Instances the nature of such advertising Is undignlfled and tends to dis- credit the motion plcturci indus- try as a .whole, as well as those - Individuals whose names are used; 'Now, therefore, be it resolved, that the - board of directors of . ttie Association of Motion Plc- . tiire Producers, ■ Inc.; requests ' its members: 'First—In all 8o-called"long- term" contracts executed with a.rtists, directors and/or other eniployees where the occasion demands, to provide that such employees ait no time during the term of their contract will grant the right to, authorize or will- ingly permit any' person, .firm or corporation, other than the employing producer, to make use of their Inames or to make use of or distribute their pic- tures, photographs or other re- . productions of their physical ; llkenessess or of their voices for ; advertising and/or other pur- . poses, such employees, or oth- erwise, to institute any proper ' legal proceedings to prevent . : such acts or uses of any of ; them. 'Second—To refuse definitely In all Cases, except for charit- able purpose, which must be first approved in each instance by the executive committee of this association, to grant the right to or authorize any per- son, Arm or corporation to make use of the name, endorsements, pictures, photographs and/or other reproductions of the phy- sical likeness or of the voice of any employee for advertising, commercial or publicity pur- poses, except directly in con- nection with the distribution, ' exhibition, advertising and ex- ploitation of photoplays or di- rectly relating to any other phase of the business ot the producer.' Thne-docking Emcloncy In Radio Pictures headquai-ter.s in New York now meansi d bawl-out I£ anyone, even It out of the sten.ographer, clerking class, come In ns late ai 20 mln utes. Higher-ups are cillinf; some late arrivals In on the carpet. Plain Pansy ■Two producers wore dis-. cussing a director. . 'What did that guy ever : do?' said one. 'He's never had an original.'Idea.' 'bh, yes,' retorted the other. -'He's the guy who first used camera angles in westerns,' —'Variety'»' Hollywooi BvJ- letin. Rdief Fond StiD Waits For mi P. Cot on Fiesta . Hollywood, Oct. S. Supposed to learn Frday (2) what the Motion Picture Relief Fund would get from the Fiesta com- mittee, the film industry is still waiting—and wondering. Meeting scheduled for; that time between M. C. Leyee, representing the In- dustry, and the Fiesta group was called off. Fiesta.' has beien history three weeks, and as yet the committee still hasn't settled tip. for - unpaid transportation, labor and other ex- penses In connection with the elec- trical parade. Amount given the Relief Fund Is a straight donation and up to gen- erosity of the West Coast mardi gras crowd. Arrangement for the fund to get a 25% cut of profits from the big film night was decided against by . Levee, as this would have made, the industry a partner in the venture. B&K Votes Cntrates Bust Chicago, Oct 6. 'While cut rating In legit theatres has caught on around town It does- n't mean a thing for picture houses as Publlx-B&K found out after ty- ing up with the local 'Herald and Examiner' in a thrift coupon plan. Paper sold B&K the Idea for the Oriental with the thrift coupon car- ried in the ads worth 20c. at the box offlC3 from Monday to Thursday only. After trying the scheme for three weeks theatre reported It a bust Ungar's Coast Daily oily wood, Oct. 6. Arthur Ungar's new daily picture trade paper, 'Hollywood Journal,' Is scheduled to make Its debut Oct. U. Associated with Ungar are Wil- liam Swtgart and Larry Hughes. Ungar was formerly In charge of 'Variety's' local office. Writers—From Where? Metro, from the coast, has sent eastward a call for new writers. Adaptors on . shows Metro owns arc wanted mostly. Figured that other companies have or will repeat the same call. In the east they want to know where the writers can come from, Kelly Remains as Tiffs Prod. Super on Coast Burt Kelly, who came into Edu catlonal as assistant to the presi- dent, will remain on the coast for some time supervising production' at the TIfCany studio. At the h. o. It is said Kelly wlli not be back until around the first of the year, with someone else as the Tiff producer then probably go Ing In, - Kelly Is a former Publlx nim booker. ALL BUT CHECKS Attempts to Fik^ Scale for Players . and Directors Blocked by B. O. Fluctua> tions—Paying Wiiat They're Wortii^OId. timers Passing Up Option Raises BUT BUDGETS CLICK 11 Standout Features in Aug.-^ 7 Smashes; 4 Money Films; 6 Fencers, r Analysis from Boxoffice Grosses Hollywood, Oct 6. Hollywood' pay envelopes can never be standardized. Despita sev- eral clear-ciit indication of producer agreements, mostly undercover, to rate its acting, writing and direct- ing talent on a monetary 'scale plan, the scheme as a whole seems des- tined for failure. This als6 goes for top executives. Successful holding down of sal •ries, as recently in caiMS of nanie players who have been virtually forced to continue en the; payroll at existing salaries, and to forget the option raise called'for in the eon tracts, are: opposed by the James Cagney incident and the current salary, paid to Constance Bennett. Cagney. Speaica Up .In the case of Cagney It waa 'give me more or less.' He won, but here waa a case of a heavy cur- rent b.o. pull against a compara- tively low salary figure. On the other hand the older line stara, who received ultimatums to forget the option raise or quit, soon came back at the studios'figures. There is still the old peeve of. It you won't give it to me some other studio wilt' But In almost every case the dla- gruntled ones found other studios closed to them—at least at the higher figure demanded. Sliding—Both Ways While such Incidents can and are happening, the underlying basis re mains that studios will pay the telephone numbers'aa long as the player's draw warrants It aa In the case of Miss Bennett - After that comes lower salaries or the gate. Standardization of other costs en tering into picture making, aside from salaries, is nearer to. being a fact Studios as never before are economy—aiid efficiency—conscious, even down to the smallet details. This aim at standardization is seen in the merging of departments, elimination of overhead, and the weeding of employees the' minute their tasks are . ended and many other similar cuts of unnecessary waste. • Budgets on pictures now are near Aiig.:SepL Standouts Smaslies 'Bad Girl' (Fox). •Bought' (WB). 'Five Star Final' (WB). 'Monkey Business' (Par), 'Politics' (M-G)., 'Palmy Days' (U.A,). 'Star Witness' (WB). Good 'American. Tragedy' (Par). • 'Merely Mary Ann' (Fox). 'Modern Age' (M-G). 'Young As You Feel' (Fox). On the Pence 'Alexander Hamilton' (WB). 'Caught Plastered'.(Radio). 'East of Borneo' (U). '60 Fathoms Deep' (Col). 'Street Scene' (U.A.). 'Waterloo Bridge' (U). RKO OFF PARAMOUNT; QNm NEW THEATRE Cincinnati, Oct, 6. AKO didn't remain long as a prefix to the new Paramount now under RKO operation here. That RKO-Paramount was not expected, overly long.' The RKO portion disappeared last week, but RKO will continue to operate under the Paramount deal It made some weeks ago. U's Wells Story Universal City, Oct, 6. Universal has an H, G. Wells story, for production. It's 'Invisible Man.' which Carl Laemmle, Sr., bought while in Eng land. standardization. Those days when a budget was just an estimate and nothing more, with plenty of lee- way, are over. Budget means bud get and unless there's a genuine and excusable reason, the picture must come in under the set figure. In this regard most of the studios are now '\vatching production from a budget angle day by day, so checked that any indication of a runover Is caught within 24 hours. Mayer Suggests Stagger Release System to KiD Ruinous Cycles Hpllywddd, Oct 6. Louis B. Mayer, due east, sug- gested to the local producers at their last meeting here that some-, thing must be done for the general good of the Industry and presented his plan (or a stagger system of re- leases. Means that hot all gangster pictures or all musicals should flood the market at once to the detriment of everybody. While the gangster film Is through, the Impending renewed cycle of mu- sicals will witness killing each other oft with the same type of pic- ture, It Is feared. With a ^500,000 gross a very good return these days, the producers on the coast are for the 'stagger' idea to vary the market and insure suf- ficient diversity and novelty ot fea- tures to pique public interest be- yond Its present limitations. If It's a matter ot gangsters or musicals In a group, they go for the best of eaoh and the others die. Mayer will also center with Nicholas M. Schenck, 3. Robert Ru- bin, Felix'Feist Arthur Locw and other Locw-Mctro execs on the for- eign production situation. Depreciation of the British pound sterling and the general unsteadi- ness ot the foreign market may be a boon for 'American producers to force them Into the foreign produc- tion field. Metro is still vitally concerned in the foreign language market, hav- ing extensive- theatre holdings in England and on the Continent, and the eastern confab will decide on the dircct-sliot local or foreign pro- duction. Mayer wanted to defer, his east- ern trip anticipating his dauBhter Edith (Mrs. William Goetz) will niakc him a grandfather within the next week or 10 days, but has to leave because of these problems. Nick Schenck Is too tied up eiisit. Studio business delayed Mayer's deparliirc for New York, but lie in- leiu'» leaving tohlglil (ij. For the nine boxoffice weeks wlilch' marked the August-Septein- ber period, and the Introduction ot tlie new season, seven pictures have knocked at the door upon which Is written 'Smash;' Fl've already haV« gained entrance. Behind this septet lining up. under the classification of good money pictures are another, four. All of which notates that the the- atre end of the picture industry for the first two months of the current season has had 11 features which haire rolled up pleasing grosses. The pigeon' holing ot these fea- tures Is based upon a check back ot 'Variety's' weekly boxoffice figures which throw to the front as national big draw films such releases as 'Star Witness,' 'Bad Girl," 'Five Star Final,' 'Politics,' 'Bought* 'Monkey Business' and 'Palmy Days' during the opening two-month period. 'Monkey Business* and 'Palmy Days' are Included In the sniash summary because of the unusual strength Immediately demonstrated by this pair upon being turned loosa. These two features have yet to fin- ally stamp themselves as among tha best. The statement above of tha five already In,.and the two waiting to gain admittance refers to 'Mon- key Business' and 'Palmy Days.' Money Pictures Of the so-called good money pic- tures, films which have done wen across the country but have folim slightly short of the sure<l'.e group. 'TransatlantI'.-* (Cox) pi'Cj.tiiUf' a problem. A g.ir,cral summary re- veals this pii.'ture to hav4 been ranging from ft-.'i to god finan- cially with Its ' reception In the smaller tov,-.\s to bei tho deciding factor as to whether It Is to join the runner-ujp group. Bic.'tuse the jury is still out tt neither seoms fair to' include or exclude this Fox film now, hence final tabul'ition oit. 'Transatlantic is held in at>eyance. Among tho Aug'Jiti f) iptrriibor re- leases the foll.i.ving (ll.ns Iiayo bfen standouts on their ability to con- sistently roll up nico grosses al- II cugh havi'i.f a fow bpots lioro and t'.tre where tlioy haven't done so well: 'Modern Age,' 'Young As You Feel,'. 'Mary Ann,' and 'American Tragedy.* These have been tlie sec- ondary leaders of the past two months. In the case of "Tragedy* the campaigns Instituted by soles department and theatre men ar« noteworthy. Those'pictures tagged as on the fence are so listed oecause of their opportunity to eventually aclilevo rating with either the above proup. Six pictures are so listotl: 'Alex- ander Hamilton,* 'Caught Plastered,' 'Waterloo Bridge,* 'CO ' Fathoms Deep,* 'Street Scene,' and 'East ot Borneo.' Some of these films have been too recently sent oiit to establish a dec- oration, such as 'Hanatlton' and 'Street Scene.' Yet these two Iiave shown sufficient power In their de- luxe house debuts to mark rhcm- selves as strong contenders.' 'Street Scene' Is a New York and Chicago smash but Its reception further along the line Is still to be detailed. Spotty •Caught Plastered,' •Waterloo Bridge,' and •SO Fathoms peep* have uncorked unusual strength in some spots but have also' uncovered In- ability to stand the gaff in other places. 'East of Borneo' is a mora recent entry but has shown enough stuff to demand consideration as a prospective team member. In giving the Industry's v,'ir5lty U and substitutes of the first two> months no attempt has been made to list other than nipliabctlcally in' the accompanying box and at random In this stor.v. A summary oC the produclngr sources of the fir.st 11 leaders of tha season names . 'Warners and For each responsible for three,; Metro and Paramount two, and United Artists one^