Variety (Mar 1939)

16 VARIETY PICTURES Musk Pubs' Suit Vs. Erpi Majors Ob Fwep Rii^ts Dates Back To Ae Pioneer Days of Sound The pioneering days of sound are recalled lo the present suit by John G. Falne, as trustee for the music publishers, against Electrical Re- search l>Toducts, Inc^ and a group of Film companies. The .' two major claims in the present suit Involve $42,699.81 on Ond aspect, and $160,043.79. oh another claim. With interest for some 10 years, per each claim, the totals virtually double themselves. After considerably 'Involved argu- ment, Judge Tohn C. Knox, in Fed- eral Court (N. Y.), has decided he will strike out the $42,69941 daim against £rpi and the film co mp a ni es, Confessing he Is 'considerably be- wildered' by the many technicali- ties entailed in this battle of music copyrigbts and recording rights, Judge Knox hais requested that both sides further argue the second claim before him on April 7, following which he wiU rule on the $189,043.79 amount This phase of the music men's pact with Erpi involves the foreign rights only. . Already, under this foreign contract of 1927-1932, the song- writers and moslc pubs received at the rale of about $500,000 per annum for tlie- term, or $2,500,000. There first arose a disputed balance alleged due under the American song rights, and Ecpi settled for $825,000 for the release of all rights, above the moneys already paid. This was after •xpiration ot the agreement in 1932. The suit on the foreign rights, which followed, arose from the fact that tte' Hollywood producers de- cided to export the records (this was before seund-on-fllm became univer- sal), hence the music interests de- manded—and got—another contract covering the foreign exhibition field. Complications .What complicated matters was the disttaictton between $75 per com- plete usage of a copyrighted work, or '$37;S0 (a half credit) when any musical 'Work was used only par- tially, nien also, arose this phase: are the American publishers entitled to collect wiAn tiie musical work might "be in the public domain abroad? Or has any American music firm a claim wheii perhaps a Bdtlsh, French, German, Spanish or Italian publisher owns ' tiie basic world' copyright? And many an- ^ othei' wrinkle which complicated the I entire legal picture. W Erpi fut the matter In the laps of the pteture companies, which is wheii Julian T. Abeles, copyright expert, was called in to act for Columbia, Metro, 20th Ceirtury-Fox, United Artists and Universal. Abeles, as trial counsel, had with him as asso- ciate counsel Herman Finkelsteln, of Nathan Bnrkan's (now Schwartz & FtohEch's) office. It placed the film company's attorney ofttimes in the awkwcrd spot of being opposed by. both Faine (music publishers) and Erpi's lawyers, with Abeles in the middle. Subsequently, however, Abeles was in an unsuspected favorable position through having also repre- sented many foreign music pub- ll^ers in America, so that he knew, of their international dealings. Thus, even though how placed on the op- Ijosite side of the fence (l.e., acting f<>r the 'film companies, rather than the music copyright owners), .he was able to refer to some 500 letters he had 1- his files which dealt wlUi many of these foreign compositions. Sparse Sound Further complicating matters was tiie ' fact that in those days the world's cinemas were very sparsely wired tor sound. While the foreign English-speoking nations, for exam- ple, might have used U. S. sound- films - extensively, the Gallic market, or the Latin-American cinemas, in those early 1927-29 days, were still in the throes of being equipped for sound pictures. Thus, attorney Abeles successfully argued, the ex- tent of the claims for foreign music revenue could not be as great as It Is .jtoday, for Instance. Judge Knox held with him in dismissing the lesser claim of $42,699, which, with 10 years interest, would come to some $80,000. However, this is deemed, to be the keynote 4if-tbe suit, even thou^ involving sUU ancflier «nd larger claim 4rf $169,043, which, too, is subject to-10 years' Interest. In the case of Paramount, RKO and Warner Bros.—4fae'otiier, majors not Involved—the former two were in N. Y. STATE TROOPERS CHECKING ON BOOTHS Since the death, by bumhig, of an operator in a central New York town, state ^oopers are said to have been checking closely the condition of theatres in small communities and to have ordered the dosing ot .sev- «r^ until construction changes were made. Under the law, enforcement r-f safety regulations in buildings is vested in the State Police where no local supervising officer or body exists. . A number of low capacity houses and halls used for motion picture shows do not come up to scratdi from every angle of safety. Some ob- •servers assert. A very- rigid en- forcement of safety provisions might close many of them, according to Ihese sources. Loses Quiz Suit FaiitKUiks, Sr^ ^^ib Nicked by Uncle Sam; To Pay 7 2G Tins Tme Washington, March 28. Douglas Fairbanks took another slap from' the U. S. Supreme C^urt Monday (27) and still faces ttie ne cessity of repaying approximately $72,000 which the Iteasury once re funded him as excess Income taxes. Complicated and prolonged litiga- tion reached the final decision stage this week when the top tribunal, in an opinion by Justice McReynolds, ruled that amounts the star received through redemption of bonds ahead of schedule is subject to normal .and surtax as.part of his entire income. Second time in a few months the Supreme (%urt has winged Fair banks. Previously it refused to re-, view the ruling of the Ninth Circuit Court of Appeals but; when the ac' tor's attorneys discovered the First Circuit Court had taken °«n oppo- site stand in a similar controversy, the final arbiters then entertained the appeal. Important legal point was In- volved. Fuss revolves around the treatment of money .which Fair- banks got when Elton Corp.—whldi was given in 1925 all rights to nine swashbuckling pix—paid off part of the $4,000,000 worth of ■ 10-year de- bentures handed him at the time of the assignment. He reported the receipts as 'capital net gain,' on which the tax rate was 12%%. After wrangling, the Comnflssloner of In' temal Revenue collected a defi- ciency payment, based,.on a ruling of the Bureau that the'money must be lumped with regular income, which raised his tax bill. In 1929, the Board of Tax Appeals handed dowh « vital Verdict upsetting the position of the Bureau, so Fairbanks drew a refund. Then the B.TJL re- versed itself and the actor was called upon to repay the amount The Supreme Court noted that a succession of. tax laws, numerous administrative rulings, and ttie most recent interpretation of -Sie B.TJi, coincide with the view taken by the Ninth Circuit Court Henee, V^- banks must Uck badc^ even though the First Circuit held dilTerently in an almost parallel case. receivership (BKO .stm Is) and had to treat its mtislc problem individ- ually. And WB, of course, battled with Western Electric <Eijpi) and made its peace, at Its own terms, over basic sound patents, music rights, etc. This is the contract first entered into between Edwin Claude MiBs, as trustee for American music men, Mills, now chairman of the ASCAP executive committee, was subse- quently replaced by John G. Paine, as trustee under the agreement. The April 7 ot'al hearing, at Judge Knox's request, comes on the heels of bulky briefs, -reply briefs and sur reply brieHs, indicating the compli- cated nature of this history-malring copyright question. Since it con cerns a new science and business, this case establishes legal theatrical precedent In eftfaer event, both sides will ap- peal in order-to <et a final ruling en the Issues, -as-.and when aoytfaing ^ a similar nature arises. Supreme Court Justice Salva- tor« A. CoUUo in New York on Monday (27), dismissed a $100,000 action of ]Bdward J. Pteifer- against Donahue tt Co., Inc., and Edward J. Churchill, its president, which charged plagiarism of an idea submitted to the agency in June, 1938, for the Movie Quiz. The plaintiff says he requested 10% of the earnings of the agency. After the proposal had been rejected, he claimed that the agency told 'producers about Mt, and It was adopted. It is alleged that the agency received upward of $1,000,000 in advertising. In dismissing the action, witb leave to amend the complain^ the judge ruled that there must- be a written contract LA. INDIES' BUYING POOL Oklahoma City. March 28;. Active organization work on the buying pool now being organized by ind^ndent .exhibitors of the ^tate is now under way and a stato-wlde meeting has been called for Okla- homa City some time during the next 00 days. Actual date will be an- nounced as soon as organizers have fixed a date for appearance of a De- partment of Justice' official to whom they are expected to air-grleveances on anti-monopoly investigations now being conducted, by the Department of Justice. Framework setup for the pool to supervise purchiase of . product , and equipment has been established with state divided into districts, each in charge of a district representative and a main office setup in Oklahoma City. Plans call for general manager in Oklahoma City to negotiate all con- tracts. Following, his dickerings, deals will be okayed by each ex- hibitor individually and signed by each as an individual. Each district will.choose one of its men to come to Oldahoma City to handle individ-. ual problems, arrange dates, etc. ]Md[SM Sells ay/0 h His Thetfres To Griffith Bros. Cliaii Kansas City, March 28.' Sale of half interest in his string of theatres was made last week by Glenn Dickinson to Griffith Bros, of Oklahoma City. String includes 26 houses in towns throughout Missouri and Kansas. H. J. Griffith joins Dickinson In the Kansas City, off ices In a super- visory capacity. Headquarters for the company are now located in the Mission Theatre bldg. In Mission Hill Acre, tfew house was built last faU. Extensive Unprovements .and re< modeUngs are being outllhed for sev- eral of the company's houses, but plims are not yet definite. Announcement of the sale almost coincided with news of the death of Carleton Dickinson, son of Glenn anr K. U. student, in car crash several days ago. AIKmSlEm^ APPEAL; m POT IN ESCROW Federal Judge Samuel Mandel- baum in New York yesterday (Tues- day) allowed' Metro, Loew's, Inc., aad Culver Export (^rp. to appeal to the Circuit C.-'.urt of Appeals fro'm a decision of Federal Judge John Knox on Jan. 7 last, - allowing Mrs. Margaret Ayer Barnes and 'Edward Sheldon damages of approximately $600,000 against the corporations; The plaintiffs cUimed plagiarism of their play, 'Dlslionored Lady,' by •Letty Lynton'. The money, now in escrow at the Empire Trust Co., will remain there until the appeal is decided. The defendant cite 62 examples of where they believed the judge erred ::i his decision. TEAB SHE B0I1LS Hollywood, March 28. 'Good Girls Go to Paris. Too,' rolled yesterday (Monday) at Colum bin. with Joan BlondeU In the top spcrt. Alexander Hall directs. ) Film Reviews Knight of the Plains (Continued from page 14) callir^ th^ actual production twns. Limited budget reluctance of the camera to glimpse a scene more than once^ or be sure of the lighting, and fllm^ story make it strictly filler from all angles. Former opera sing- ing Fred Scott is called to turn in some ditties, even simpler and sijller than the sagebrusner average, which is reaching plenty. 'In some spots, especially where the audience is largely juve, pic may get satisfactorily by on -ttie mugglhg of Al St John, who gesticulates with a well-hayed chin, and seems to hand the kids a langfa. He's Scott's side- kick, and comedy stooge for the piece. Director's recourse to-sweaters in the case of BCarian WeMon, the lead, goes big in getting her over. Gallop- ing horses, with voh^tuous gaJs aboard, i>ut oomph in w^tems wKh~ 4Hit atniining. Rlcbard Ci«mer and John Merton can^ the villainy load creditably enough. Frank LaRue, money man from the east out to promote the homesteaders, and Lafe McKee, one of the 'steadets, make the remaining performance Impres- sions. Narrative finds an easterner pro- moted on a phoney land grant which almost precipitates a range war until it's chased to the ground by Scott and St John. Story is so familiar it can be short-cutted by every mem- ber In the audience at all times. Chances are slight for this one. Bam. ALEXANDER NEVSKY (BUSSIAN-MADE) AniklDo Klcnae o( HoaDlm Production. Features Nikolai Cherkamov. N. P. Okhlopkov, A. li, Abrlkoasov, V. .S. Iva- sheva. Directed by .Sergei Ulaeiutein and D. I. Vaaklllev. Orlglnnl by Elsenstein and Peter A, Favlenko. Mualc, Sergei Pro- kofiev; camera, Edward Tlsse; English titles, Julian Lelgb. At Cnmro, N. T.. week Uareta 22, '80, Running time: 17 BUNS. Prince Alexander Yaroslnvlch Nevskr, NIkolul Cberkoasov Vaaally Buslal N, F, Okblopkov GavTllo Olexicta A. L. Abrlkossov Ignat, Master Armourer D. N. Orlov Pavsha, Governor ot Pskov.,V. K. Novlkov Domaab, nobleman of Novgorod N. N. ArskI AmeiCa TImoteyevna, mother ot Buelal v. O. MASsallttnom Olga, a Novgorod glrl.......V. S. Ivaaheva Vaaalllasa.; A. 9, Danllova Master o( the 'Teatonio Order v. lu. Brabov XverdlUo, tratloroua mayor of Pskov., 8. K. Bllnnlkov Ananl. a monk I. I. LanUn The Blahop L, A. Fenln The Black-robed Monk....N. A. Rogozkin (In Russian; with English Titles) As befitting the rank of 'giant' of the Russian film industry, Sergei Eisenstein has been given a fre* hand on production, but not on story lines. Huge reservoirs of man- power and materials have been thrown into this epic production, whl^ Is lavish in scope, theme, per- formance and wealth of production detail, but despite Its magnificence and scale the picture lacks uie quali- ties which first impressed Eisenstein's technique. Thoi^h clothed In ac- ceptable cinematic trappings; it Is further handicapped by propaganda, timed to apply to current events in Europe. It deals with historic events in the 13th century, but analogy is drawn to present-day politics, and meaning and purpose of ttie entire production are shaped toward threats against any Russian invader. Picture will meet .with good re- sults whenever its political senti- ments find established adhcvents. Otherwise it's almost nil for general appeal. Saga relates of times in the early 1200s when Russia was overrun by Tartars in the east and 'teutonic knights from (Germany on the west Patriotic feeling was at a low ebb aiid leaders lacking. RaUter than fight saboteurs counselled buying oft enemies with the country's wealth. Prince Alexander, wbcoe fl gii«M famt had spread throughout flie tend and even beyond, is summoned from peaceful occupations by popular ac- claim. He exhorts and arouses the peasantry to bear arms in detense of Russia. At .Lake Peipus, in 12^ Alexander's strategy defeats.^ su- perior (Serman force. It is an utter route with fleeing Teutons perish- ing t>eneath the icy waters of the lake. Eisenstein had a difficult research task here and has done an admiralde job. Technical details of ancient warfare; style of armor, weapons, costuming, equipment of an army of extras and hundreds of other details indicate the scope of his achieve- ment His Teutonic Knights are portrayed as ancient forerunners of our mod- ern Ku Klux Klaa They wear white matles with emblazoned crosses and hoods' of mail, the leaders were mantles and fantastic, L-^baris head- gear designed to frighten the enemy out of its wits. Mosqnes and temples,' built of towering white stucco con- struction, however, appear incon- gruous ih. these setUnga, -consldering- that Novgorod, in the 13th century, is shown to be a mere coUutkm of crude wooden-log huts, bridges ^>d slieets. While there la • slight romantic tale running, paralleling major events, it is not seriously developed and serves merely to relieve the stem character of the warlike tale. First half of the picture is exposi- tory and deals with attempts of Alexander to arouse his followers to action. In the latter half of the picture great masses of troops' move onward toward the crucial battle. Armed with crude spears, hatchets, medieval shields and coats of mail, plen^ of splendid action shots are provided Vrhen opposing armies are locked in hand-to-band struggle. Dozens of closeups are devoted to leaders on iMth sides mi^ily hacking and hewing awav with- sword and axe on hapless foe. Scenes such as these are counted on to put the picture over. That they do not altogether succeed is due to the ancient character of the stoiy. Scenes o2- troor^ throwing themselves against a solid wall of .<:hields and qiears is impressive, but still fails to equal the imaginative and spec- tacular effect afforded by mooem warfare tactics and armament At times, Eisenstein's direction of batUe movements appears extremely stiMed and unreaL Groups of sol- diers stand about static,and uncer- tain as to where to go .or what to do with their weapons. Impressive cast is unknown in this country. Eisenstein has picked stal- wart six-footers and cast them in heroic molds the story provides. Of the numerous 'honored artists' in the film, Nikolai Cherkcssov, as Prince Alexander, fulfills the requirements of the part in every reqiect. He is kingly, commanding, human and gives a performance hot easily for- gotten. Other outstanding perfotTnances are turned in by N. P. Okhlokov and A. L, Abrlkossov as army command- ers; V. L. Ershov, as master of the Teutonic Knights, and D. N. Orlov, as an armorer, y. S. Ivasheva has the leading feminine roles, but is held down by the military wel^t of the story. Unalloyed propaganda spoils an otherwise stirring spectacle of melo- dramatic art. NKIWESION OOSIER SUIT STARTS Di ST. L Si Louis, March 28, With all legal obstacles brushed off the ouster suit against John P. Nick, Clyde A. Weston and George E Browne, recently instituted by 19 members of lATSE, Local No. 143, began Monday (27) before Circuit Judge Ernest F. Oakley. Louis Lan- dau, former owner of the Maryland, a South St Louis habe, was the first witness. Landau Was reluctant to answer any questions, and sought to ease out of them by stating, 'I don't went to incriminate myself.' Judge Oak- lay ruled that the witness must an- swer and under interrogation by Robert A. Roessel, counsel for th« plaintiffs. Landau admitted contrib- utlag to the $15,000 '^.efense' fund raised in 1936 by exhibitors during negotiations for a $10 a week wage increase for the projectionists. Under prodding by Roessel, Lan- dau admitted that he was a member of the exhibitors' negotiating com- mittee in 1036 and named as' con- ferees Fred Wehrenberg,- prez of the MPTOA of Eastern Missouri and Southern Illinois; Louis Ansell, Clarence Kaimann. and Thomas James. Landau admitted that Nick visited him at his former theatre fre- quently, but declared he couldnt re< member, the wage scale of the pro- jectionists during those years. When Roessel asked Landau if he hadn't declared,' in the attorney's office re- cently, that the wage scale for 1938 was substantially the same as in 1035, the witness declined to lanswer until ordered to do so by Judge Oakley, and be then said he didn't remem- ber. . Although Landau said Nick had visited him at his theatre many times he couldn't remember one the lATSB head made in 1930 on the day the wage negotiation matter was settled. Questioned about his ' cquaintance with Weston, Landau said Weston had worked for him as an operator in Granite City from 1010-1015. Kai- mann testified that he and Landau raid $10,000 to 'Mr. Brady,' Uter identified as Edward M. Brady, state representative from St Louis at a St Louis bavk during the 1830 wag« mulling. Kaimann contradicted Lan- dau, testlf}ing that there was no wage increase for the operators after the fund was paid. Weston -was the only defendant present in oatut Nick reported as being out of- town, because of ill healtb. .ServieO' wa» never obtained on Browne.