Variety (Jan 1932)

VAXIETr yueaclay, January 5, 1932 Ifariely' Charges Hol^ood^^B^ IfOs Angeles, Jan. 4^ , Charging that the. 'Hollywood X>itUjriReportcri' tab tra4e dally out }iere, has been systirndtlcally lifting news'from 'Vai-lety' every week,, the publishers 6t 'Variety' started suit here last week for an Injunction and |4(,'6p0' daiaagesi plus court' costs and 'such other relief as the' court deems meet and proper. Siamage claim Is per federal copyright ' statute Infringement allowance. Alleged practice complained of is that with the Tuesday weekly ap-. peiirance on the news stands In-New York of 'Variety,' tlie 'Hollywood Repbrter'' through a designated .agent, or agents, in New York ap- propriated trade news and informa- tion wWch 'Variety* had ^thered by costly world-wide organization of correspondents, via ' telegraphy cable and mail, and made free use ot the copyrighted contents of ■Variety.' It is. specifically charged that with the Initial-appearance, of ■Variety' «n Tuesday in New York, Its news .and information, in con- densed or other focm, was wjred or phoned to the -coaqt and printed by the lloHywood Reporter" on .the fol- lowing day^ thai Is on Wednesday, BOnietimes also on Tburisdays and Fridays. , '. Since "yanety,! which ^^ published In l^ew York cily,. owIng to tKe dis- tance ctmnot reach the Coast, until. Fridays, the Weahesday and Thiirs- da]( editions of the dally. 'Hollywood Reporter,'with tlieir contentfl. mak- ing free usiei In advance of news matterl^om 'Variety' were'flagranf violations of copyright." "Variety' Is protected aiid all Its rights are re- served biy 6opyiight and It is so indl cated on the title page of each issue, every week... - Technical defendants in suit of. Vaj?lety, Inc. are the "Wilkerton itoliy Corp., Ltd., W. K "WilkerSoni publisher-editor <!f the 'Rtipprter' aiid president of the corporation bearing-his name,, and Prank Pope, the'tab daily's managing editor, - ' . A Trap v It la detailed in sequence, irt the complaint filed In the FederaV pie-: trict, po^rt of tios Angeles, that "Variety' is an established shot^ trade weejtly 26 years in business; that the "'Hollywood Reporter* is comp4ratt^'ely a,, new publication, smaller - in-size" and . circulation tb' •Variety', and but a year or so in liaslnejBfs. ■; '. ■ 'Hollywood- Reporter's' . last sworii' average daily circulo!- tlon stateinent claimed 3,067 copies. Many plagiarisms or lifts by the •Hollywood Reporter' from the con- tents of "Variety' are recounted' in the complaint to evidence the al- legedly weekly < systematic practise of .the 'Hollywood Reporter's' news stealing. Oiie sto'ry details a plant by "Var- iety* In its Issue of Nov. 3, 1931. It was a flctltious item having to do with the purported- return ol a former executive to an organizia- tlon. It Is set forth in the complaint that the sold article was copied In the following day's Issue of the 'Hollywood Reporter,* I.e. on -Nov. ' 4,-1931. Two other suppositious stories are cited In the bill of complaint to Indicate ho.w, within the next 24 hours, these same stories, were re ^ printed with .^11,. .Jh.eiV errors In, M fbo 'Hollywood-Reporter' thfe follow p Ihg^ .day. ■ (Assumption by 'Variety'; f is that 'the''New ■■'Ywk agent- or correspondent' otv the 'Hollywood Heportir''-telegrapha'sach 'Vorlety' he^s ahead for'Immediate publlca- tloh'ln the next day's Issue):' ' It Is further detailed that thC; plaintiff, 'Variety,' maintains'an ex- pensive cable service with Its cor- respondents covering every capital of the gitfbe, and that these costly cabled rep'orts have been copied by the defendants and published in the 'IlolIy\Vood .Reporter.' ,Marked': copies' of both 'Variety' , and the 'Htfllywood Reporter,' filed ' Tyith the 'bill of complaint, allege that a niOETt singular.-iserles of par- allelisms In'stories'first appearing fii ■ ^Variety' have occurred in the "Hollywood Reporter,' most often on the next dAy '("^Vednesday), follow- MASSAY DIRECTING EoQlish ^Aetor as Weg^er .yvith P,«r| ' ■ r-W'*«' *o«' Same Co.' . ' Raymond Massay, - British actor. In going to Paraibbuht will become a director. He leaves this week for Hollywood on a four-month direc- tor's contract at $260 per, with usual options. . If growing cold as a di- rector he will return to an actor's role at a higher figure. ' Massay stiM'ied recently on.Broad- way In 'Hamlet' and acted several films in "London; one of them, 'Speckled Band,' now being ' shown around on this side. Massay's 'wife, AdrU.nne Allen, also goes to Paramount. She is currently on Broad'way, featured in 'Cynara.' Miss. Allen wUl leave fOr Hollywood as soon as the play fades. MUSICAL mAUE'WTTH MARION DAmiS SET ■ \- Culver city, Jan. 4. Metro'is next musical will ° be 'Rosalie,' stiarring Marlop Davles abd -starting 1^-ifarcli:' , Tlie Zieg- feld sitow has bden''.given'several workovers for pictures, the current treatment expected to stick. Dances will be staged i>y Cowboy. Appell. Young Legit Stagers Paramount has several deals hanging for' young legit stagers, among them Oscar Serlin, William Schorr, and Arthur Slrcom, ' Three expect to dpsb shortly. Publicify on .Jeicul'^ nin^ Cost Theatre Heavy Coin . . .. . Pittsburgh, Jan, -4. . Although local and out-of-tbwn papers were full of Je<ui Harlow's Illness here last week, th^ platinum- haired girl missed only one show a]t the Stanley w^ere sh,e was making personal appearance.s. A lot of publicity,.which - Was ■slightly exaggerated,^ and'It.didn't make the Stanley feel any too.'gbod.. IHeadUnes In the Saturday (2) aft- ernoon Journals are credited ;with costing the theatre plenty of coin and management was forced to take extra space to . assure .that Miss Harlow would .'positively-appear'. ADVICE TO TRK tHIK:— • DONT EAT FASTI ADVICE TO THK FAT:— . DQXT £ATt FASTI •r.%CR .NQRWOBTII Sajsi Berman Again - .. Sam Berman Is trying It again with Fox. ■ He's a writer. Vi . Shore Coiastbeuhd \ Viola Shore wiU trip back to the Coast in about 10 daVs- ''Where' Par- lamount can exercise Its claim upon jher if the studio so wlshes.- Should there , be no such Intent, •the authoress •will return to fiction jfrom which field she launched upon !mcntail gymnastics'for* the. screen. ' [ing their .original' "Variety' publl- Icatlon In New York on Tuesdays, i It Is set forth, that this system- iatlc copying -has covei-ed a period of -several months ond that-such 'pub-i Ucation and appropriation by de- fendants of-plaintiff's property has been wilfully and maliciously .done by defendants—for the purpose of the pecuniary galri of defendants,' and unless restrained by Injunc- tion the damage will continue un- iabated. ■ ' Mott, Vallee & Gmnt 'are at- torneys for Variety, Inc. State Suit Also Another' action on behalf of 'Va- riety'; brought by the same attor- neys and against the same defend- ants, was filed in the Superior Court of Los Angeles toda.v. • Same practice ot ll'ting news by 'The Reporter' Is alleged, with com- mon law property rights pleaded for the state court procedure. Nu- merous specific Instances of 'The Repbi-ter* lUtln^.'.sews from 'Va- jpJety' are again cited. '•'Biamplaty•■ damajri'p -o^i. $90,004) fJiiji!ia*?l!"::«''7 -IJ. V;'..'lii')'. w )':•.. Will MAHONEY In Earl Carroll "Vanities" The New York "Times" . said: "Will Mahoney, the king. of the dahcliig comedians, dances 'a tned.- ley . of. tunes oh glgojiitlo xylo- phone. TO-see Will'dancing Or to se« him-anxiously.consult I}la.n)usic is to be full of a'deep content. This is skill as well as'humor," Direction ^ ^ RALPH G. FARNUM ' . ' 1660 Broadway INJURED PRESNELL OUT; WIFE CRITICAaY HURT 'Holijrwbod, Jan. '4. . Robert Presnell, Radio- writer, who worked on "Air. Squadron,' re- ceived a double-barrelled Christmas 'Jolt-when; en-route to looatlon, 'his ear was hit, severely banging him up 'and critically affecting 'his' Wife. Mrs. Presnell is still dtnirlous, with a brain kink suspected' but too de- licate for Burgrcal. piroblng. -At the time'of the accident David O; BeI2ntck':sent a little., ^ote' of confidence''and -assuraiice not' to worry but last week, ten days later, Presnell'received a ciirt notification he was out. ' Presnell was painfully bruised, 10 teeth knocked out, one. arm broken, etc.; but coihpared to 'his wife's mysterious malad^, his troubles are telatively minor. This is the picture which' Mrs. Paul Sloane abjured' her hus- band not to' direct, tearing possible physical complications from .the; aerial d^edeviltry. ', SIbane's flu br^k'do'wn'ih the'midst of the as- signment \ihexpectedly achieved bis '^ifb's'purpos'e, GeorgO Archaihbaud b^lng switched Ohto the picture. Oalde and SmaD StiD Cam'tEliii^ r ■ Hollywood, Jan.. 4. New ^ Year's resolution of Jack Oakle and his agent, Eddie Small, to get out of the contract held on Oakle by Wesley Ruggles, or better terms, has so far met a iStbhe'wall. 1 As'before when Oakle walked out ;ot Paramount in an effort to get .RUggles to weaken, Ruggles re- tused to' budge from the original it'^rms; Oakle and.' Small want a •better deal that wouldn't givo Rug- jgles. a cut In on money obtained Ifrbm loans to other studios and on I personal appearances. Ma,cLean Leayeai Radio - Hollywood,' Jan. 4. I . Douglas-MacLean is'Out-as asso- iclate producer for Radio. He leaves jfor New.York tomorrow ,(6).- '. ; He'll try to dig up backing while |ln. the east lor the purpose of re- (maklng several of his old silent plc- jtures. Idea, is that he'll direct and star In them. Couldn't Fetchit Hollywood, Jan. 4. Reports along Central avenue are «iat Stepln Fetchit Is stranded In Oklahoma with his small unit show. The lead-footed comic organized a 10-pIece band, five girls and com- pany In ]jfew Orleans and had' been making stands in the-water tanks. i Gallagher and Collier Hollywood, Jan. 4. i Soon as Skeets Gallagher finishes in Paramount's 'Dancers' lii the Dark' he starts east In a two-act iwlth Buster Collier, i Material was written for the cou- 'plc by Charlie Williams. Margie White Lands Ma,rgIo "virhltie's first legit Job on her return from talkers .will'.be the Ingenue leted<ln ,the Zlegteld. Brown ^ flendei^ii AiUf^lcaa.':": ' . .. tatPw'fLtStiioili^ BROOKLYN ON TRIAL Laughed at fOri. Jei<yJI'-r-PuzSt(ed Parahioiihters The freakiest preview audience reaction In the history of pre-show- Ings In eastern theatres has Par- amount and other companies won- dering. Whether a. drama should be previewed on the same program with a comedy, vice versa,. . < whether It's Just that-*-Brooklyri will be Brooklyn.: ;' .■ Across the bridge they laiig)ti^4 through Par's horron feature, ^de^' 'Sooky' was programmed ^..,t,h9: feature &nd "Dr. Jekyll an,d. ..V^, Hyde' the •surprise. ' ■ j. . ., If it h&ppens > again-this 4av^:h ihg at §1 drama after a. .00016,4^-^7 Paramountltes 8a;y they will; ,kopy^ tiiat Brooklyn ccui't control oy^r .one emotion nightly. Bebe Daniels Afraid Chicago,- Jan. '4.- About 48 hours before the broad- cast was due to go bhi Bebe IQiahlelA went panicky from a.dvi(;d given hW. on the.coast and wired NBC.,stie, had decided to withdraw fropa, th^ Oldsjnobllft. New YAir's Day^'.alr program.. Telephonic assurances from Paul Whltemaii - that every- thing would come out okay Induced the picture star to change her mind. . Friends, among them- Lawrence Tlbbett, had warned her of the chance she was taking of being, put on the spot byr;;the Synchronidng experimept sldted for the sboV^'MlsS' Daniels, -In -Hollywood, was sched- uled to sing to the accompaniment of the "Vi^hjteihan baind in the .-NBC studios hjere/ Feat her friends, adfj vlsedi had been trli&d before' aii^ gone awry. Upon ttie request of the ^R<b execs 'Whttennan'got. Miss . Daniels and her hustiand- on the phohe^^nd explained that eve.n though -the stunt was aq experiment .tiiet'e 'was nothing to worry about and she could depend upon him to see her safely through: Oldsmoblle program, which neces>- sltated the'Use of two specially.1)al- anced telephoned circuits compal-tid to the -ordinary broadcast's' one; was rehearsed for three hours "after midnight 'Wednesday (30) to' In- sure. against'any mechanical mis- hap. When the Paramount Astoiia, L. I., studio closes, with date now set "■between FeJ). 1 tCai ; j6, all will be ret 'biit, :^Ith ■^he-iFIhgle announced exception of Hectot Turnbulli who will transfer to the coast. The! supervisor-director only lately ot2 ganlzed himself In a big Long ls« land hotne, which he owns. Disposition of jamea Cowen, in charge of Astoria production. Is un-' mentioned at tiiiFtinie; but that he will transfer-Into production or tlie- atre openttlon at the home office Is believed. Coweri. has a contract with some time to'go. Lotouts, niostly technical staffs, will be around lOd/lt is said. Cur-, rently there are nb' directors at th^ Astoria, plant ^zceptlng Stuartl- Walker who is td spdn go into r>'to-\ dMQtloa on "Misleading Lady,' witu ,qia4dette Qolbert. ind MelVyd Douglas, last: teature- to: be mada by Par in :th? east. •; .'. - -1 , Writers have been' working ■ on ai Picture -to picture: assignment, 'vvlthi atudlp calling them in -for -scenariol work as required. | ' "If' shorts resume at the As^toria- flirtf fictbiry lft tjie spring, with that said to be doubtful at this tlme^ Hollywood being favored, some oC the technical staff and posslbl* others win bo in line for reinstate-; ment. ' • ' ' 1 At the moment'it'iS said the F-Pl organization is Intent on keeping; ,the.eastern plantclosed because It'si not economical to: operate on^ ehsti and one west, wltti''production thus^ spread between two coasts. ' DISMISS AGENCY SUIT AGAINST J. STAFFORD ' United "Artists is hacking Paul Streger^S legit play, 'J.e'welliobbery,' due Into the Times Square, New York, next, week (11). Play is by Laszlo Fodbr ahd was adapted from the'JIungarlan by Bert' Bloch - <)f .Metro. .-. .1 U.A.'s interest in- thie play comes ;from the fact it is considered am al-^ 'most perfect > Colman script,. having to do with a burglar along Raffles' lines. ' . • Sclmitzer Out Joseph I. Schnltzer, In New York, •agreed yesterday (4), with Hiram [Brown in the RKO oflflces, on leav- ing Radio Pictures. Schnltzer has been president' of the company since Its formation. SAILINGS Jan. 16 (Paris to New York), Eve I.eGalllenne (Europa). Jan. 8 (Paris to New York), John Graham, Robert Kane, Fred Bacos (Bremen). - : Jan. .6 (Paris to New York), Ed- ward Q.- ROblnsoh (Berengaria). Jan. '6 (Paris to' Ne*t York), Ernest Schoedsack (Paris). Jan. 6 (New York to Genoa) Cur- tis Melnltz (Conto Grande). - Jan. 6 (New York to London): Mrs, Betty Boliny (Europa), Jan. 0 (London, to. New. 'Sork) 'Jaquellnc Logan (Berengaria). i- Jan. 6 (New. York to liondon) 'Sam Morris (Europa).-. '. Dec. 29 (Shanghai',to New Tork), ■ -J. ... iMS 'Angelcs, Jan. 4. 'Agency suit 'against Jess S'taf* ford was. dismissed In municipal court when the 'Wldman-Woody ■'Theatrlca}-^ Ag.ency;-.; tftas-'-j'con.vipced that pressing:; It- would 'lead 'to a Jam with the labor commission. State labor laws require arbltra* tlon ot agency dlllerences with clients. ' '' . -'Another Idbbr bureau'hearing will be given Ralph' Wldman and Arctt' 'Woody. . Ageticy' 'will' keep Its lU .C^rfse but thrill pr'obitbly be. Instruct* ed to toe the Ilnti on the arbltiti* tlon clause' in cbiitrdctS.' "Variety's* stbj'y last "week About the questioned legality of agents' suing' clients ' resulted' In several Hollywood ' agencies instructing their attoi^eys to go thoroughly In-' to their rights ih the matter. * B. 0. GirFs Parole Pittsburgh, Jan; 4. * Judge James ''J. Gray handed;. Mabel Daugherty, former cashier at^ the' Fulton, 'a ^rbas. present last^ week wheii -he allowed' her a parole.^ Miss Daughfe'rty was sentenced last'^ Octobel: to serve'Six-months to 'threi. years fol.lpwlng'axharg'e'of itrceKy','' the' resuit'of a'misappropriation bt^ theatre funds. '* Miss -Daugherty was Involved' with an assistant manager in a re- sell ticket scheme said to have cost' the Fulton more than $4,000. !fl>er was paroled for threb'years. ' ■ > i Baidts' iBankroff - ' ( . ■ I. '. . . .' ' Hollywood, Jan. 4. Monty Banks returned to Holly-' wood Saturday (2) with an English bankroll for Indle production pur-, poses. He ,haa been In England for the past two' years, acting and di- recting. Soon as he arrived he started negotiating for studio space, Harry Cohn East Hollywood, Jan. 4.- ' Horry Cohn left for New York Friday for. a conference month with Columbia home ofllce execs. No east-west switch with Jack Cohn this time. Sam Brlakln will sit at the chief's desk during Cohn's absence. BO6ESS COMING BACK will Rogers is on lils, way back ^0 New Vork fronf China. ' He sailed on tlie President Ta(,t pee..29 from Shahgti'a) ' "i .' ..'' ■[