Variety (May 1941)

PICTURES Wednesday, May 7, 1941 ITOA of NJJow Wants to Step Into Radio-ASCAP Controversy Independent Theatre Owners As- sociation of New York proposes to enter into the current controversy between the""broadcasters and the American Society of Composers, Authors and Publishers by asking the U. S. Department of Justice to reopen the ASCAP-Government con- sent decree so that the theatre busi- ness will be made a party to it. Notice of this move was given yesterday (Tuesday) by Harry Brandt, brother and partner of Wil- liam Brandt. Former is president of the ITOA. It was stated that the petition would be predicated on the argu- ment that since the decree provides tor payment at the source, the thea- tre operators should be protected from having to pay a music fee after the copyright owners had already collected one from the picture pro- ducer. Point of view advanced by ITOA Is one that ASCAP has tried to settle •with theatre men for years by point- ing out that what the producer has paid for is synchronization or mechanical right, and what the ex- hibitor is asked to pay for is some- thing that is entirely distinguishable under the copyright law, i. e., a per- forming rights fee. Under the ASCAP-Covernment consent decree, however, there is a provision cover- ing records made strictly for broadr casting purposes. Under this provi- sion the advertiser or maker of a transcription has the right to de- mand, and ASCAP must grant, a single license covering both mechan- ical and performing rights. Were the same thing to apply in films, the producer would have to pay for both the sync rights and the exhibition (or performing) rights. [ASCAP stories in the Music sec- tion.] Broad-A Famine Hollywood, May 6. W£r has caused a shortage of young British actors between the a^es of 18 and 23 in Hollywood. Lads with tliat accent were wanted for bit roles in the 20th- Fox production, 'A Yank in the RAF,' but the scarcity resulted, in a rewrite of-the script, elimi- nating eight of the 26 roles. Most of the lads of that age have left for Canada or Englcnd fOE-JuJlitary service. U.S. DEFENSE THEME IN METRO'S 'JOE SMITH' Approval is being sought by Metro in Washington of plans to make actual scenes for a feature film in factories throughout the country working on U. S. defense orders. If okay Is obtained, picture theyH be used in is 'Joe Smith, American,' by Paul Gallico. Dore Schary, Metro writer, spent the weekend in the capital explain- ing the studio's plan and purpose. He huddled with Lowell Mellett. chief of the Office of Government Reports, on the proposition. Mellett Is slated to take the project up with high Army, Navy and production of- ficials this week. While the picture will be strictly a standard entertainment release by Metro, Schary explained, it will be valuable in promoting morale of de- fense production workers. It will dramatize that, just as Important to national security as the fellow in camp bearing a gun, is the man be- hind the machine making that gun. Schary, who is doing the screen- play, assured Mellett that Metro could make the shots in defense plants without revealing any secrets of value. He said anything that Army or Navy men felt fell in this category could be eliminated from the print by cutting or processing. M-G writer was in New York all last week doing research on the yarn. He left for Washington Fri- day and trained from the capital to the Coast on Sunday. W. F. Rodgers' Exhib Trek William F. Rodgers, Metro sales manager, returned Friday (2) from a trip through the midwest and south during which he held luncheon meetings with 40 exhibitors in Den- ver and 75 at St Louis. E. J. Hickey, Coast district sales manager, head- quartering at Los Angeles, came on to Denver to see Rodgers there. Balance of the trip included Chi- cago, Kansas City, Dallas and New Orleans to contact with local selling forces. POOR buttebuy Hollywood, May 6. First chore for Ray McCarey at 20th-Fox under his new director conJ tract Is a musical '21 Men and a GirL' Hariy Joe Brown produces. Too Much War Stuff SpoOs Location Spots; Troupes Scram LA _ Hollywood, May 6. Bombardrnents by sea, land and air are driving-film location troupes out of Los..Angeles County, which covers a lot of territory in its own right and once covered the world for outdoor shooting. On the seashore at Fish Harbor, where the boys used to film their old-fashioned naval tales, sailing windjammers and all that, there is a continuous rattle of riveting as the ship builders are turning out steel merchantmen in three-hour shifts. Last of the old sea yams, 'Barnacle Bill,' escaped the mechanical bedlam by a few rivets. Back in San Fernando Valley, where the studios once functioned in silence, except for the popping-ofT of a few executives, flacks and stars, the air is pulsing with planes, which sv/oop high and low as instructors and student pilots maneuver from dawn to dusk. Out on the studio ranches, where the pioneers urge their oxcarts and prairie schooners across the irrigated meadows, there are strange echoes of experimental bomber flights which rattle through sound tracks in a maimer to confuse the western fans who are listening to a cowboy croon of 1683. A couple of years ago the film boys could send up a little red bal- loon to warn the flyers away from the studios, but now the flyers are in. earnest. War Is a bigger game than pictures. Janet Blair, Ex-Kemp Vocalist, Into CoL Fix Pittsburgh, May 6. Janet Blair, Altoona (Pa.) girl who got an audition with late Hal Kemp when he played a college dance at nearby Penn State a year ago and subsequently won vocalist's berth with the band, has been signed to a term contract by Columbia Pic- tures. She'll make her screen debut in "You'll Never Get Rich,' with Fred Astaire and Rita Hayworth. Gal's right name is Janet Lafferty and she's been singing prpfessiQpally only since the Kemp job. Another local who may get a break in pix is Fred Kelly, playing the—hoofer role in Time of Your Life.' He was tested by Metre last week on Coast during L"A. run of Saroyan play. Kelly is kid brother of Gene Kelly, starring in 'Pal Joey' and whom he replaced in 'Life' last September. It's younger Kelly's first job in theatre. 41 Scribes at U Hollywood, May 6. Scripter list at Universal went up to 41 with the addition of four writ-, ers, assigned to work on three new' pictures. Newcomers on the . roster .are Howard Snyder and Hugh Wedlock, Jr., working on 'San Antonio Rose'; Richard Collins on 'Mob Town,' and Sherman Lowe on 'Silver Bullet' WB's 930 Extras in Day Hollywood, May d. Warners set a new one-day high tor atmospheric players when calls were sent out for 125 extras for 'The Flight Patrol,' making a total of 930 for 24 hours. Other 805 were allocated to 'Ser- geant York,' 'Dive Bomber,' 'Navy Blues' and 'Bad Men of Missouri.' 'Nymph' to Goulding Hollywood, May 6. Directorship of The Constant Nym^-h,' a remake of the old M4r- garet Kennedy novel, goes to Ed- mund Goulding, with a start slated for June -2. Kay Van Riper is winding up her job on the screenplay. O'Connor-Meyers' Talks to Remain At RKO Continue John J. O'Connor, general manager of the RKO circuit, and Fred Mey- ers, in charge of film buying, who resigned April 24, will remain with the company if agreement can be reached on negolietions that have been instituted from above to retain them. Up to yesterday (Tuesday) it appeared not much headway was being made. Thus resignations might become effective at any hour. There were talks with George J. Schaefer, president, on Friday (2) following his hastened return from the Coast earlier in the week and again over the weekend, as well as since then, looking to establishment of a satisfactory basis under which O'Connor and Meyers would stick to their posts. O'Connor and Schaefer were together all day. Sunday (4) and well into the night seeking to reach a solution of the problems which resulted in the sudden resig- nations of O'Connor and his film buyer. . Understood that at the RKO board meeting Thursday (1), for which Schaefer flew in from the Coast, the directors went on record seeking the retention of the two theatre op- erating-buying executives - and that Schaefer was urged to do all he could to settle the whole matter. As result, negotiations were begun with O'Connor and Meyers, with all fu- ture plans deferred meantime. O'Connor had vccated his office early last ' week and was planning a vacation, whereas Meyers who had also agreed to hold off the effective date of his resii>nation to May 101 has been coming in daily. Meyers may stay even if O'Connor doesn't but unlikely. Universal Interested A close personal friend and for- mer associate of Nate J. Blumberg, president of Universal, O'Connor was awaiting the arrival east of Blumberg to discuss an executive post with U. In the interim the RKO overtures^to remahi developed and at the sarne time Blumberg, due east Monday (5), was forced to postpone the trip for a week. He will prob- ably be in Monday (12), at which time it is expected a deal will be made with O'Connor if latter has not succumbed to the offer to stay with RKO. Report is that Matty Fox, as- sistant to the president, headquarter- ing at the h.o.. will probably go into the U. S. crmy and that O'Connor would step in his post for the time that Fox is away at least. Doubted that Meyers may also move into U. thouffh that is a possibility. Neither O'Connor nor Meyers were made any offers by Warner Bros., as reported a week ago. RKO s Watchfnl Waiting on Hearst Papers' Further Reaction to Kane Scare 'Em 0£F7 Hollywood, May 6. Motion picture celebs are be- ing bluntly told that they will incur enmity in certain quarters b> attending the Coast preem Thursday (8) night of 'Citizen Kane' at £1 Capitan. Understood that those who dis- regard the warning will be tabbed by spotters and reported to headquarters. RKO Radio is skedding Orson Welles for personals, with "Citi- zen Kane' in cities where Hearst press is strong. RCA's 1st Quarter Net Profit, $2,734,572; Samoff Reviews Biz Studio Contracts Hollywood, May 6. Dorothy Yost inked scripting deal at Warners. Harry Warren drew songwriting contract at 20th-Fox. Lindy Wade handed moppet play- er pact by RKO. Bruce Cabot signed to contract by Walter Wanger. Janet Blair, orchestra singer, signed by Columbia. Cyril Hume checked in at Metro on scripting contract. Bill Stern, NBC sporUcaster, signed as commentator on 12 sport shorts by Oolumbia. John Nesbitt inked new pact as shorts commentator at Metro. Don Castle, Dolly Loehr, Eleanor Stewart and Keith Richards die^ option lifts at Paramount. Robert Weldon drew an option lift at 20th-Fox. Virgil Miller Inked cameraman deal at 20th-Fox. Irving Brecher drew new writer contract at Metro. National defense, even though it is reflected in vastly heavier taxes for industrial companies, was stressed by David Sarnoff, president of Radio Corp. of America, in speak- ing at the annual stockholders meet- ing at the RCA Bldg. yesterday (Tuesday). He revealed that RCA had a net profit of $2,734,572 for the first quarter ended last March 31 as compared with $2,312,893 in the corresponding period last year. Con- solidated gross Income he announced was $34,303,324 or 21% higher than the first quarter of 1940. Sarnoff pointed out that the profit is the net after providing $1,171,300 for normal Federal taxes plus ex- cess profits tax of $424,800, making a total of $1,598,100 Federal taxes in the first quarter, an increase of $1,070,300. or 203% as compared with the initial quarter a year ago. Be- fore provision for Federal taxes, RCA net profit totaled $4,330,672 or about $1,500,000 above last year in the'first quarter. Sarnoff also stated that RCA re- ceived $89,514 on May 1 as £ divi- dend from Radio-Keith-Orpheum which paid $2 on its preferred shares on that date. Company's defense or- ders and commitments total about $36,500,000. Sarnoff pointed to the loan nego- tiated last October calling for bor- rowing up to $15,000,000' for five years at 1%% Interest At that time. $5,000,000 was borrowed, of which $2,000,000 was used to pay off the last of older bank loans outstanding. The remaining $10,000,000 was bor- rowed on April 15 this year. On television, the company pres- ident referred to the FCC order of last Friday (2) authorizing commer- cial operation of television broad- casting stations, effective July I. He said that the company now is review- ing the whole subject of television in light of the order Issued by the com- mission. The report concludes with sum- mary of the new regulations issued by the FCC last Saturday. He said: 'New regulations would radically change the entire broadcasting struc- ture of U. S. Networks, stations, programs and Investments in the in- dustry as well as the listening public are affected by the new regulations. The Radio Corp. of America is af- fected because of Its ownership of the National Broadcasting Co., which pioneered and established the first two network broadcasting services in U S.' Then Samoff referred to Niles Trammell's previously issued state- ment concluding that 'you may be sure that your directors and man- agement view these questions in their larger public aspects, and that every measure will 'be taken to help .safe- \ guard the public services and the lawful rights of the company.' New York, Chicago and Los An- geles are being used as test arenas for Orson Welles' 'Citizen Kane' and RKO will seek no engagements out- side of those and a few other cities (intil editorial and legal reaction of William Randolph Hearst interests is determined. No selling on the film until 1941-42. ■ Court test is not anticipated by the distributing company, although a suit on the 'invasion of privacy* charge that Hearstians have suggested woiild not come as a surprise. RKO fully anticipated, however, that, the Hearst press \yould let loose with a cam- paign of vituperation. Hearst papers apparently now fig- ure they can do. Welles and the pic- ture more harm by a campaign of silence. They neither mentioned nor printed reviews of the New York opening and apparently have allowed their campaign against Welles as a 'Communist' to lag. Drive, in which papers lined up American Legion and other patriotic groups to make a hue and cry about a Welles Free Company (CBS) broadcast, is felt by everyone in the Industry more calcu- lated to bring people to see the pic- ture than anything else. Reports that RKO is having diffi- culty getting further dates for the film were' denied by salesmanager Andy Smith, Jr. Pic will open roadshow dates in Washington and several other cities later this month. URGE STRAIGHT 10^ TO STOP PRICE CUTS Detroit May 6. Heading up a national exhibitors campaign to present a united front on-the proposed new taxes on amuse- ments? the Co-operative Theatres of Michigan have received responses from 40 States on its proposals that the new levies have a more general spread and to prevent disastrous price-cutting. 'Thousands of enterprises cut be- low the 21c point to escape last July's defense levy and many thousands more would cut if the levy were in- creased so that in theatres all ed- missions between 20 and 35c would stop and the 15c spread between these price scales would be dis- astrous to the small amusement and- large or small theatre operator,' it is argued. Joining''in the move for the gen- eral 10% tax spread through the amusement world and the elimina- tion of present exemptions were such weighty groups as the MPTOs of St Louis, Eastern Missouri and Southern Illinois, Kentucky, Indiana, Connecti- cut; the Allied ITO of Iowa and Nebraska, Butterfleld Circuit, South Dakota Exhibitors Association, Illi- nois Allied, Allied of Louisiana, In- termountain Theatres Association, etc. S-I'S BONUSES East and West to All Personnel- Averages Two Weeks' Pay Selznick - International Pictures handed out bonus payments to all employees, in New York and on the Coast, last week. Bulk of these are equivalent to two weeks' salary. S-I is gradually liquidating its business, but revenue from both 'Gone With the Wind' and 'Rebecca' continues to pour in, as well as from other previously distributed films. Main headquarters of company is in N. Y, • Nat Levine-Ghcksman Partnering for Prod. Hollywood, May 5. Nat Levlne Is returning to film producticn in partnership with Her- man Glucksman, former New York indie exchange and state right op- erator. Pair working on deal with Levlne to turn out a group of nominal cost films, Glucksman to handle the dis- tribution. Arnold Subs MitcheH Hollywood, May 6. Edward Arnold succeeds Thomas Mitchell as Daniel Webster in half the title role of TTie Devil and Dan- iel Webster,' at RKO. Mitchell is still in the hospital,' recovering from a runaway accident on the set. About 10 days of retakes will be necessary to Amoldlze the Mitchell scenes. Currently Arnold is work- Jig in 'Nothing But the Truth' at Paramount