Variety (Jun 1938)

VARIETY PICTURES Wednemky, June 1; 1938 Amended Bask Coittract Stalled Demands of Producers-Actors; Look for Concessions from Guild By CHIVALRY NOT DEAD Amkino Lawyer's CurUy to Charm- |o( ..Fennsy Cebsoress Holly wood, May 31. Voluminous, demands submitted by both the producers and Screen Ac- tors Guild has slowed negotiations on proposed amendment to the present basic rhinimum contract Indications now are that new clauses for 10-year agreement with the actors will not be ready tor signatures before June 15 at the earliest. Original schedule called for completion of pact last; week. Both the producers and actors de- nied there was any serious hitch to negotiations. It was pointed out that the producers alone had presented more than 100 pages of demands for revisions in the contract Numerous Tequesls, supported'by a niass of sta- tistics that required months to com- pile, have en submitted by . the SAG negotiating committee, headed by Robert Montgomery, president of the Guild. At the last .session between the negotiating committees, held 10 days ago, it was agreed that both parties Would be given sufficient time, before the next parley, to present the vari- .bus. demands and tentative agree- ments to their associates. The pro- ducer committee immediately cbnr ferred With casting directors and. other studio executives, "fhe latter were asked to submit cost estimates bas on acceptance of demands of •the actors and to voice any objec- tions, to ^present agreement. Guild board of directors has been advised weekly of pi-ogress made in hegoti - tions. Any . recornmendations submitted by either side must be concurred in by both:the Guild and the pro- ducers in order to be incorporated in the basic mi imum coniract. Terms of the agreement provide that either side rriay demaiid arbitration only on mi imum salaries for extras, day players, stunt men and stock' players, and hours of labor for actors lece.'ving $500 week, or less. Latter includes piayers employed by the day r eiving $83.33 per day or less. Cqncessians by Gaild Negoti ' rs for both sides are pre' pared to give and take, with-every effort being made to conclude nego- tiations without the necessity of arbi-. tration. Guild undoubtedly wUI have to make certain concessions to the producers, SAG tops adinltting cer- tain provisions in agreement, should be removed. Next date for powwow between commitces will be .fixed as soon as all the producers have beeii ac- quainted with demands and develop- ments. Final agreement, however, will not be ready for Inking until late in June^ In fact, chances are the amendments will not be finally okayed until Kenneth Thomson re- turns from New York about June 20 He trains east last of this, week to attend the annual meeting of the Associated Actors & Artists of Amer- ica, uch of, negotiations is report- ed to center around working condi- tions for day and free lance players, The Screen Actors Guild has, nixed resolution of the Junior Council call ing for abolition of nepotism in em- ploymeint of extras. Boaird tailed to take cognizance of resolution when it was submitted last week', indicating that move is definitely dead. Rec' ommendation was drafted by the new council with the idea of creating jnnre jobs for players. Montgomery, Thomson and other tops felt resolution, if adopted, would work a hardship oh Junior 'body rather than benefit ifiembers. Pro posal, based on old NRA code, would have prohibited husbands and wives, brothers and sisters, et al., from act ing in pictures. Any relative of. an executive employed by prodticing compoiilcs also would have been banned frorh picture work. Gi'Md has advised extras accepting •wer--her, permitting' calls that they mu.st report at studios in answer to call in order to receive a quarter check if call is cancelled because of biid weather; At the same time ex tra.s were told they have the privi- lege of cancelling a 'weather per- mitting' coil themselves.if they later receive a 'rain or shine' call. Ccn- tial cstin,? Corp. must be, notified of cnnccllation by 7:30 p. m. the eve- ning rf-^re the player is scheduled to report. Strike of painters at National Screen Sei vice was settled last week lil or N. Y; Afab Hollywood, May 31. ittle Old New Y6rk,' screened as a silent in 1924 with Marion Dayies as the star,, is being dusted oil for Alice Faye at 20th-Fox. John Baldersion- has been assigned to, rewrite the story for modern screen requirements. BMg. Service Union Initiates Negotiations With N. Y. Theatres Laying lines for some months for the unionization of porters, cleaners, charwomen and others in picture the- atres. Local 54 of the Building Serv- ice Workers, which will have juris- diction, has notified the operators of Greater New York houses that it is now prepared to discuss coll live bargai ing. Consequeiit upon this, move,, a meeting was .held Thiirsday (26) in the office of C. C. Moskbwitz, chair- man of the fll theatre-labor com- mittee, to discuss the question of recognition' and organization. As/a result of this meeting,, the. Building Service Workers was asked to pre- sent a contract listing demands and conditions, with negotiations bearing upon it to follow. It was said the form of contract desired might be submitted this Week. At the Thursday (26) meeiing, the president of the Building' Service Workers International, a unit in the American Federation of Labor, George Scalise, was present together with Lew Conway, president of the BSW' local -which has jurisdiction over''' the theatre servicing em- ployees. All Greater New York chains, as well as large Broadway; theatres, were represented at thie meeting. Philadelphi , ay 31. State roope> was assigned by Governor Earle last week as a body- guard to Mrs. A. Mitchell Palmer; chairman of the Pennsy Censor Board, after she claimed she had been, mblested by Communists. She said a 'dark, unshaven man, ith a short horrible cigar' and 'some other terrible people' attempted to injure her in retailiation for the Board's action in banning 'Baltic Deputy,' film depicting the Communist Revo- lution. . Colleagues on the Board, Mrs. Hes- ter Fye and Patrick A, Duffy, said they were not molest Mrs. Palmer is the idow of the war-time attorney-general, fanioiis in his day as a 'red-baiter,' She has consistentiy opposed Russian-made films here merely 'because they're red.' Her complaint'that she was being annoyed was hardly taken seriously, but Gov. Zarle instructed the trooper to accompany her day and; night. Orders were so well carried out that to Mrs. Palmer's great annoyance, the State cop even went: with her to a hoity Washington society wedding. Only compromise he would make was to abandon his uniform for civilian dress.' Louis F. McCabe, attorney, for Am- kino, advanced his owii theory; 'A' woman as charniing as rs. Palmer,! he said, 'might be annoyed by mash- er? at- any time. Possibly she mis- took their motives. There is no rea- son foi: anybody to annoy her over the fll , since the case, is out of her hahds and will be heard by the sU- prenie court, in the fall.' TWO $22,2S5 CHECKS TO 2 CHARITY FUNDS Hollywood, May 31. Charles Skouras, operating head of Fox-West Coast .Theatres, today nnailed out checks of $22,255 each to the Will Rogers Memorial fund, and the Red -Cross for the, California flood sutferers fund. Colli was collected in the circuit's California' houses during recent week's drive for the Rogers fund. when the International Alliance of Theatrical Stage Employes threat- ened to remove its members unless an adjustment was reached. Under new one-yeai: agreement, painters will receive an average wage tilt of 10%. NSS had threatened to abandon Its Los Angeles plant, clai ing wage and Working condi- tions demanded by Brotherhood of Painters, Decorators & Paperhangers of America, Local 599, were exor- bitant. ' ' Recommendation that a speakers' bureau be established by the Acade- my of Motion Picture Arts & Sci- ences is now being considered by reorganization committee headed by W. S. 'Van Dyke. Plans call for prep- aration of list of capable speakers acquainted with complete details on production of motion pictures. The Society of otion Picture Film Editors has re-elected its entire slate ot oflcers. Tops who will retain, posts during the next year are.Eddie Han- nen, president; Fred Richards, v.p.; Edward 1 Dmytryk, secretary, and Martin C. Cohn, treasurer. P. D. Brewster, head of Brewster Color Proce.«, returned east last week to dlscu!^ with associates the advisability of erecting $1,000,000 filrh laboratory on the we.«l coast. Sfu 16 Committee for Democratic Political Action w.ns organized re- cently, at a. mass meeting Of 100 ac- tor?, writers and directors. It was announced aim of organization would be 'to, effect and m;ijnt.nln complete political freedom within the motion; ,plcture industry.' U. S. Judge Pans Imliscrimmate Piracy Suits Disrnissing the infringernent suit brought by Mpr.t Elsman, Clara Dellar and Robert Shayon against Sam Goldwyn, ., Gbldwyn, in- divi ly, Eddie Cantor and United Artists, over the- -picture, 'Roman Scandals,' N. Y. Federal Judge John J. Woolsey panned writers and play- wrights wbo bring such actions on the claim, that an idea or a theme is copyrightable: The plaintilTs had claimed the picture was pirated from their play. 'Oh Shah' and demanded an injunction, accounting and dam- ages. Judge Woolsey dis issed the suit on motion of defendants' attor- neys, 'Before the argument on the mo- tion - to dismiss,' Judge Woolsey's opinion stated, 'I had carefully read plaintiffs' copyrighted original Hd^ood Reviewers a ndiover; Other M llwughts on 1st Nij^k Jackman's New Color Hollywood, May 31. Fred Jackman, operating a special process lab here,. has developed a two-color system which will be of- fered to producers-for use on mod- erate-priced features and' shorts. New method is based on bi-pack process. Trem Cairr, Universal producer, is associated with Jackman in the ven- ture on a partnership deal,' the version and their uncppyrighted ver sion of their revised version of their play and the defendants' cutting con tiniilty of their alleged infringing moving picture. 'As I have repeatedly pointed out in other motions of this kind, access by the defendants to. the plaintiffs' Work Is implicitly admitted by the form of procedure here adopted by the defendants. 'Consequently what I have had to deterinine herein Is—by a comparison of the plaintiffs' work and the work of the defendants—whether, with ac- cess assumed, the defendants made unfair use' of a sufficient amount of the plaintifTs' copyrightable material to justlify a holding of infringement ...Having done so I hold that there clearly has not been any such linfalr use of the plaintifTs Work as would justify, a decision In their favo*. I cannot really see any foundation whatever for their case. So far as I am concerned, therefore, that is (he end of the matter. ^Indeed it seems to me that putting the case more favor.nbly for the plaintiffs than a coniipiirison ot the works here involved justifte!;, the most that can be said for them is that they brought this suit for literary larceny because thoy were Infected with the fallacy, which seems to be endemic among writcr.s, thiit copy- right may be claimed ori a theme or an idea, which of course is not' and never has been the law. The decree which 1 am granting dipmissiri^ the coijiplaint, must Kive costs, to thie tlc- fendahts, including :atlovncys' fees.' 'firth of a Nation' Nix Sets Precedent By Hartford Police Hartford May 31. Spirited protests of two Negro clergymen to Mayor Spiellacy and. Chief of Police Farrell has led to the banning of 'Birth of a Nation' which was to have 'been shown at the State cpnirhen'cing Friday (27). Clergymen claimed that picture cast reflection -on the race in that one scene shows a Negro chasing a white woman, caiisihg her to leap from the side of a cliff. Banning has also led to several protests which Will be aired at the next meeting of: the board of alder- men. : Fear has been- expressed ,by the protestants that the action set^ Up a precedent which threatens, the freedom of;the theatre if any city department assumes the right to throttle the theatre, particularly be- fore an attraction actually opens in the city., Hartford has no board' bf review or censorship body of any kind. Complaints in the past have, dealt with obscene- pictures, with the po- lice prosecutor's office taking' ac- tion. First tirhe that a picture has been banned for any other reason than obscenity. pictiire was first shown here in 1916 and. again two years ago at the Avery Memorial. to a small audi- ence at which time si ilaf protests were made. The Avery' manage- menf threw the projector out of focus during the objectionable scene. Objectionable scene had been shown'for a Week at the State in a .trailer announcing the picture with- out noticeable effect upon the audi- ence. Last week the picture was shown to pupils of the Bedford Junior High School in Westport as a notable example of motion picture history. The management of the. State, an- nouncing the withdrawal of the. filip, said that It was doing so because it did hbt wish to court trouble. Indi- cated that it would have a private screening of picture to a committee, including complainants, if requests are strong enough. In this way would attempt to iron out claim of reflec- tion on^Negro race. HLM BUCKLES, PROJ. KILLED, 8 BURNED Detroit, May 31. One person was killed and eight others burned when reel of film buckled and caught re last week at Fine Arts theatre on Woodward ave nue. Damage to the theatre was con fined to pt-ojection booth; Edward C. Buckley, projectionist was- fatally burned as he tried to. escape from booth after flaming film had shot but to panic about 30C patron.s. Those injured were burned.when they tried to smother Buckley's flaming clothes , Fire inspector's probe showed booth had been found f3 reproof week, previously, and that fusible links had closed all openings after first explosion. PI.' being shown at time was Mae West's "Every Day"<: a Holiday' (Par), As a result of the blaze, city fire commish has banned showing of flickers at exclusive Detroit Boat Club-and several other private clubs. Figured ample provisions are not at hand In the spots to avoid po.ssiblc deaths it films.buckled iind c::plodcd as at Fine Arts theatre. By JOHN C. FLINN Hollywood, ay 31.- The Hollywood ballyhoo for ' exaiidcr's Ragtime Band' t a new; reco,rd of some kind In film cxploita. lion. Picture colony Is acciistomed to press and professional previews in varying degrees of sunlight arc in- tensity. The big A pictures rate six or eight searchlights sweeping the heavens over the theatres where they are shown in advance of public re>' lease.. The prize houses, usually .chosen for the big emphasis are GrauMan's Chinese, the Village lii Westwood, or the Paramount, in dovirntowii Los Angeles. Twentieth Century-Fox publicity staff pulled a new one out of the bag for 'Alexander.' The Carthay Circle theatre, on the edge' ot the Beverly Hills district, was opened for one night (24) for the' sole purppsie ot staging a Showing of the; Irving Ber- lin -fllmusical for. an. invited audience limited strictly to press representa- tives, film producers; dir tors, stars and families of the production staff. Carthay Circle house has been dark for some weekis since the end bf the two-a-day run of 'Snow While' which started during the Christmas Holidays. It has a capacity of about 1,600, and ducats, passed out spar- ingiy, were at a premium around the studios. ■The entire house staff, ushers, managers, stage, crew and projection- ists were, called back for the single , performance. Tickets were elabor- ately printed in gpld Ink pn a black background. All seats were re- served: Usually so ostentatious a display is reserved, iintll the formal public opening of a film. ' lexander's Rag- time Band' had its one big preview evening and is back on the shelf un- til laterin the summer when the, reg- ular engagement will begin. It is not yet decided Whether the itut will be at the Carthay. ' 'In Old Chicago' had its two-a-day here at the Four Star. - It is a.known fact that some of the best performanices of Broadway legit shoWs are given before professional audiences. The players feel an au- dience response from their, fellow- professionals which is sympathetic and stimulating. Of course, screen players are denied that same'push: from their friends at picture screen- ings, but there is a clear difTerenc* in audience appreciation between the previews, and the showings for the general public. Technical Niceties Hollywood's army of picture- makers who are concerned with the multiple mechanical. features of pro- ducing, such as sound, photography, lighting, cutting .and printing, divide their attention between the 'film's story end the technique of its telling. It is not uncommon to hear whis- pered comment on some ' technical trick, which is entirely lost or un- recognized by the-general public .but quickly and eagerly seized by the professionals. At the press preview of 'Alexan- der's Ragtime Band' there were fre- quent demonstrations ot approval ot ^ome,technical feature in the picture^ The musical recordings were numer- ous, nearly all of them, of course, having been recorded pfl-screeh.and then synchronized with: camera ac- tion by the playback method. Some liew wrinklies and. developments of this method were quickly seized upon by the audience.. One of the best was the sequence- in which Alice Faye is shown riding alone in a Pullman. She is forlorn, unhappy and lonely. Other passengers have started a port- able phonograph -with a Faye record singing the Berlin ballad, 'What'll I Do?' Camera swings down the ai-sle and catches Miss Fay in clo.seup. She hears her own voice, her lips start to move and she sings' a few bars of the song, hot in duet with herself, but as it she is.giving expression to her oWn thoughts. It is different. U carries a kick. Later in the same film when Ty- rone Power, as Alexander is giving a highbrow concert of swing at Car- negie Hall, iss Faye hear the medr leys while seated in ^ taxi riding through Central Park. John Carra- dine, the taxi-driVeir, does a neat .bit of comedy as he adjusts the radin. He is a stranger to Miss Faye; but he recognizes her, as she as been a big-time musical star. The st- licd on page 19)