Variety (Aug 1939)

WedncsdiB7t August 30, 1939 PICTURES VARIETY ffWOOD-LEGITS TWO PLANS Dramatists' and Films Royalty Ideas Details of the Dramatists Guild and film company proposals for deter- mining the price of picture rights to legit plays are shown in the following charts. In all cases, the figures are merely tentative, and are subject to further study and negotiation between the two groups. GUILD'S PROPOSAL In addition to a $15,000 'bonus' paid to the author at the time of signing the contract, the price would be determined according to the following scale of royalties based on the weekly legit gross: Weekly cross on Bway. First $5,000 Next $5,000 Over $10,000 For the first 30 weeks 10% 15% 20% For all over 30 weeks 10% 12Vi% 15% - Tlvertf would be a straight 10% royalty on the road. AU royalties would be payable as earned. HOLLYWOOD'S PROPOSAL There would be an 'advance' payment of $5,000 for the first week the ehow ran on Broadway, plus $2,500 for the second week and $7,500 for the third week. (But since the legit-producer would get a 40% share, if the play ran three weeks, 'the author's share of the $15,000 would be only $9,000, therefore' the third week would actually bring him only $1,500 over the $7,500 'advance' for the first two weeks.) The above 'advance' pay- ments would be charged against the final price, to be determined accord- ing to following scale of royalties based on the weekly legit gross, but allowing for the varying operating production costs: Shows operating at cost ol less than $9,000 a week period period First $5,000 weekly gross 15% 10% Next $5,000 weekly gross 20% 15% Qver $10,000 weekly gros.i 25% 20% First 15-week Second 15-week All over 30 weeks 10% 12%% 15% 10% 15% 20% 10% 12%% 15% 10% 12%% 15% Shows operating at cost of $5,000-$1S,000 a week first $5,000 weekly gross, gext'$5,000 weekly gross ver $10,000 weekly gross Shows operating at cost of more than $15,000 a week would be figured on a straight 7%% royalty of the gross, regardless of the number of weeks they might run, Royalties from the road would be a straight 10% for shows operating at a cost of up to $15,000 a week, and 5% for shows operating at a cost of over $15,000 a week. '". •■■■■r Note: Under both Guild and Hollywood proposals, on Broadway runs of less than three weeks, the entire proceeds of the picture price would go to the author; after three weeks the legit producer would get a 40% split: nChat is the same sharing system that exists under the present minimum basic agreement. DISRAEU' UP FOR 3D TIME AT WARNER BROS. Hollywood, Aug. 29. 'Disraeli' comes up for the third time under a new arrangement at Warners, whereby Michael Hogan has been taken off the script of The Villa On the Hill' and assigned to do a new screen play on the Victorian prime minister. Picture was first produced at United Artists in 1921 and at War- ners in 1928. It will be Aimed in England if the Polish problem is settled without war. Otherwise it ■Will be shot in Hollywood. Hector's Tassage/ Other M-G Testees Louis Hector, legit character actor, leaves this week to go into Metro's 'Northwest Passage.' He was tested last week in New York. His lost Broadway appearance was In 'Out- Ward Bound.' Studio also tested a iiumber of other legit players for the same film, butjiasji't decided on any of them. They include Frances S.tarr, Percy Kilbride, P^rcy Waram, Herbert Hoey, Lee Baker, Byron Russell, Charles Campbell and Dorothy Sad- lier. William Lieb}ing is agenting all the deals. Levy Out of MPTOA Ed Kuykendall, president of the Motion Picture Theatre Owners of America, announced the resignation of Edward G. Levy as general coun- sel of the MPTOA. Levy was in- active In the organization's aftairs for more than a year. Levy, who is also secretary of the MPTO of Connecticut, was last week | sentenced to a one-year prison termi after pleading guilty' to a conspiracy 1 charge involving city officials of: Waterbuy, Conn, I 306 Gets Jurisdiction Over N. Y. Fair Films Efforts are under way at the New York World's Fair to give Local 306 complete domination of all projec- tion equipment in operation at tlie exposition. At one jui^cture a couple of weeks ago No. 306 threatened to call a strike if not giver full control. But the projection union cpparently now is going to force the issue peaceably. Jurisdiction was given to Local 306 by the head of IBEW, No. 3, and it is understood that Grover Whalen has been induced to write to No. 3 explaining that jurisdiction over all projection has been given to No. 306. Luther Reed, chairman of the ex- hibitors' projection committee, is re- ported sending a letter to all using picture equipment at the fair in- fortning them that No. 306 has adopted a wage scale and has the right to operate. Implication in this letter is said to be that the exhibit- ors should get rid of all non-union and No. 3 men currently employed. Zorina Tops 7oes' Hollywood, Aug. 29. Zorina gets star billing in 'On Your Toes," under the latest stellar rating ordered by Jack L. 'Warner. Dancer and her husband, George Balanchine, are east, having cancelled European sailing plans. She's set for a Rodgers-Hart musical for Dwight Wiman this winter. Gloria Stuart in Bombay Bombay, Aug. 12. Film actress Gloria Stuart and hubby, Arthur Sheekman, free-lance scripter, stopped at Bombay and Ceylon while on their Far Eastern tour, and celebrated their fifth wed- ding anniversary in Bombay. The Sheekmans are on their way to London, where Miss Stuart ex- pects to make a film. El Playwrights Guild Insists on $15,000 Guarantee, Plus Sliding Scale—Coast End Has Complicated Schedule NEARING ACCORD With the issues now narrowed down to a few clearly defined points, representatives of the film companies and the Dramatists Guild are virtu- ally ready to reach an agreement for the return of Hollywood financing to Broadway production. Principal dif- flqjjlty thus far has been clarifying the differences in the conflicting viewpoints. In general, two broad plans for establishing the picture price of legit plays have been outlined. Guild's plan calls for a $15,000 guar- antee, plus a sliding scale of roy- alties based on the Broadway and road run. Schedule outlined by the film end would establish the price on a more complicated sliding scale of royalties, with an allowance for the running cost of the legit produc- tion, and with a maximum $9,000 guarantee, according t.o'whether the Broadway run equals one, two or three weeks. Drafts of the two plans have been exchanged by the Hollywood and Guild representatives and both sides are studying them. Idea is to re- port'back'in a fe\\'' weeks, with the possibility of some changes and a possible alternative plan being pre- sented to the Guild council. It's 'doubted if anything definite can take place for several weeks, because the Guild's two representatives, Sidney Fleischer, attorney, and Luise Sill cox, executive-secretary, are out of town and their reactions to the film company proposals are unknown. But certain Guild council mem bers who have been informed of the studio proposal, indicate that in most respects it seems a reasonable ap- proach to the problem. Thought likely that when the Guild's spokes- men return, the matter may be readily boiled down to an agree- ment. CARROLL'S PAR PIC Also Sees Nat'l Beauty Contest On Coast, Bather Than A. C. Earl Carroll has closed a deal to produce one picture for Paramount in Hollywood. Production sched- uled, to start Oct. 25, will be bud- geted for $1,000,000. Film, titled 'Hollywood Portals' will use 60 girls from Carroll's coast restaurant-cabaret in the picture. Director and leads have not yet been selected. Negotiations are on for the staging of a beauty contest in Hollywood Bowl next summer, under the direc- tion of the former legit revue pro- ducer. Latter who has figured in such events at Atlantic City, figures the Coast a more loigical locale and it is possible the Jersey resort may lose that September fixture after this Reason.' Carroll also mentions a water show in the Bowl along the lines of the Aquacade in connection with the contest. Ritzes Finale 20th Pact On Loanout; Test New Trio Hollywood. Aug. 29. Contract between the Ritz Bros, and 20th-Fox winds up with the trio out on loan to Republic as stars in 'Hit Parade of 1940,: starting Sept. 30. Original pla,n was to send the Ritzes into "Three Blind Dates,' dock- eted for Sept. 18, but studio set the picture back to a later start. Three Nonchalants, currently in the.Earl Carroll show, are taking tesLs as pos- sible successors to the Ritz ficrcs in 'Dates.' Writers Charge Producer threat To Blast Them Out of Biz; Phone Blacklist Told at NLRB Hearing Lake Warner Hollywood, Aug. 29. Warners started digging 1,000,- 000-gallon lake on the back lot for two pictures, 'The Sea Hawk', and 'John Paul Jones.' Pool will be kept as a perma- nent set for sea films. F&M Ad Scores St. Loo Critic's Pan on Its Pic St. Louis, Aug. 29. Probably for the first lime in local history an ex'hlbitor bought space in the daily rags to lash out at a news- paper film critic for an unfavorable review. Last week in a one column seven-inch ad, surrounded by a black border, Fanchon & Marco took a pot shot at Colvin McPherson, re- viewer of the Post-Dispatch (p.m.) for his remarks about 'When Tomor- row Comes,' which became a hold- over Friday (25). The ad appeared in the Globe-Democrat and Star- Times but not the Post-Dispatch. Ad stairted off, 'Public vs. Critics!', and continued in this vein: 'Should critics review a picture ttom. their owri personal opinion or from the Public's point of view? May we cite a specific example. Colvin McPher- son commented on the very fine crowd on hand to see the opening of the Irene Dunne-Charles Boyer hit, 'When Tomorrow Comes,' now at the Ambassador theatre.. .and glumly predicted a rapid decline when the public found it to be no 'Love Affair' (in his opinion).' 'Now! Let's take a look at the rec- ord! 'When Tomorrow Comes' opened to record-breaking patron- age.. .62% greater than 'Love Affair* .. .both pictures did capacity business on Saturday and Sunday.. .And When Tomorrow Comes' did more business in six days than 'Love Af- fair' did in 9! Mr. and Mrs. St. Louis Movie Goer, you can pick your en- tertainment! And we know you'll pick Cary Grant and Carole Lom- bard in 'Name Only' and Bette Daviis in 'The Old Maid' due soon at the Ambassador as 'Must Sec' attrac- tions. ' 'When Tomorrow Comes' is being held over because so many people are telling all of their friends to be sure to see it! ^That's the answer. Yours for greater entertainment. Fanchon and Marco (Ambassador- Fox-Missouri Theatres).' FOREST HRES STALL 'AMERICAN WAY' HLM Hollywood, Aug. 20. Oregon forest fires, slowing up work on 'Abe Lincoln in Illinois,' have caused a postponement of the second Max CJordon-Harry Goctz film production, 'The American Way.' Shooting of 'Lincoln' will re- quire eight more weeks, after which Gordon opens two stage shows on Broadway before starling work on American.' Picture will not get under way until late in December. HALFAMAEftUEE Hollywood, Aug. 29, Linda Darnell gets co-star billing with Tyrone Power in 'Daytime Wife,' due to roll late next month at 20th-Fox, Nancy Kelly, previously . an- nounced for the part, goes into 'The Bluebird,' starting Sept. 5. Hollywood, Aug. 29. Breach between producers and Screen Writers Guild has been widened by the testimony of top- fiight writers that their executives threatened to blast them out of the industry if the SWG amalgamated with the Authors League of America and limited contracts to two years. Names of Darryl F. Zanuck, Sam Briskin, B. B. Kahane, L. B. Mayer, (the-late)'Irving G. Thalberg, Wil- liam Koenig, Jack L. Warner and other studio heads were drawn into the SWG complaint hearing before the National Labor Relations Board. Writer after writer paraded to the witness stand to charge that film executives had threatened them with a 'telephone blacklist' that would blast them out of the business. The scriveners also charged that the com- panies had refused to recognize the SWG as ordered by the NLRB, and had held the Screen Playwrights* contract over the Guilders' head as a threat, in an effort to drive a close bargain with the writers. Testifying to a meeting of 35 or 40 writers in the Green Room of the Warners Commissary in May, 1936, Dalton Trumbo stated: 'After we had gathered for tlie meeting we waited for about an ho\ir before Mr. Warner came. He said he was sorry to have kept us wait- ing, but that he had been out playing golf. He specifically mentioned the Screen-Writers Guild and Article 12. He said the producers won't tolerate passage of the article. He claimed we were being misled by our leaders and called them a bunch of cheap soap box so-and-so's. He also claimed that many of our leaders were then under investigation by the Depart- ment of Justice. 'He said that he personally didn't care what happened, that he had $5,000,000 in cold cash and so far as he was concerned the studio could close tomorrow. He said there are many writers in the Screen Writers Guild who will find themselves out of business if Article 12 passes. He said there won't be any blacklist, it all will be done over the telephone.' L. B. Mayer testified he knew of the writer disturbance in 1936, but that details of handling it were left to Irving G. Thalberg and E. J. Man- nix. Called Ingrate, Sez Scribe Luci Ward testified that Jack L. Warner, in urging her to resign from the SWG, stated, 'I am having enough trouble with these lousy ac- tors without worrying about you writers.' The witness said she was called an ingrate and was asked it she did not appreciate what the pro- ducers had done for her. Ward said she replied that she did appreciate it, but that she also felt she had done considerable for Warners. Promoted from a stenographer to writer on the Warners staff, Miss Ward testified she completed her first three scripts on a stenographer's salary of $25 week, later learning that her secretary was paid $32.50 week during that period. Te.ss SIcsinger said Irving G. Thal- berg tried to persuade her to quit the SWG, stating he 'believod in linion.s for laborers but not for dignified people like writers.' Richard Maibaum told NLRB that Thalberg had advised him that $1 out of every $9 spent in the industry went to writers and that they should show some loyalty for it instead of blindly following 'a bunch of red leaders.' Mary C. McCall, Jr., told of a con- versation with Joseph M. Schenck at a meeting of the Motion Picture Re- lief Fund. She said the prexy of the Producers' A.ssocialion stated, 'All the good writers are in the Screen Playwrights.' Sidney Buchman claimed B. B. Kahane accused him of trying to reform the SWG because a bunch of cars had been seen in front of his (Buchman's) home. He testined Ka- hane told him Howard Erhmett Rog- (Continued on page 21^ ) i ' II • 1 (• .• '1) JI