Variety (Jul 1941)

PICTURES Wednesday, July 2, 1941 Dailies and Fan Mags Will Be Asked To Lay Off Far-in-Advance Press Reviews of Consent-Decree Films Clarification of the industry's re- lations with lay newspaper and magazine film reviewers and radio commentators is in prospect within the next few weeks, with the proba- bility of strict curbing of Hollywood by-lines. Coast correspondents for the dailies and fan monthlies wBl be requested to observe specific regula- tions with respect to publishing criti- cisms in advance of release dates of feature pictures. Failure to comply with a uniform plan may result In some form of pressure, as yet unde- termined. Wail from exhibitors in all sec- tions of the country that 'something must be done' about the unbridled handling of picture reviews is be- ing heeded by the publicity chiefs of major companies. Squawks come from all types of theatres, including major first runs, that the publication locally of re- views of films, in some cases weeks or even months in advance of the public exhibition of the pictures, is harmful to th& boxoflfice. It. is the contention that a newspaper critl cism, even though it might be com- plimentary to a film, takes the edge Irom public anticipation of its show- ing when it appears in print in ad- vance of the film's booking. Situation has developed to status of an Industry problem with the ad- vent on the market of the new sea- son's product for release after Sept 1. Under the terms of the consent decree the fall product must be trade-shown to exhibitors in ad- vance of negotiations for its sale to theatres. Screenings must be held In a number of territories to which theatre operators will be invited Release dates of the pictures so . screened will be some weeks or months from the showing dates. Newspapermen .will be barred'from the' local trade showings, or bound by agreement not to publish their opinions of the pictures until first run opening day. The Hollywood angle presents more complicated aspects. Cur- rently, the press is in agreement with the studios not to publish re- views of films generally until two weeks prior to national release dates. This arrangement, no doubt, will .be changed because the consent decree may bring about displacement of na- tional release dates for territorial dates. Certain ticklish elements in deal- ing with the Hollywood press arid wire-service representatives are be- ing considered by the publicity de- partments of the majors. The out of-town correspondent has been a favored personality in the studios and his special articles and news re- leases have become an important part of the industry's promotional structure. SPARKS-PAR ALL SET Frank Bocers Assumes Presidency of Florida Circnlt WILCOX-NEAGLE'S RKO DEAL FOR BRmSH PIC . Hollywood, July 1. Herbert Wilcox and Anne Neagle closed a deal with RKO to film a melodrama with backgrounds in England and Canada, starting in Au- gust. Producer and actress leave for Canada this week on a war relief tour, later sailing for London to start production on the picture, still I untitled. Acquisition by Paramount of E. J. Sparks' interest in the theatres they operated together in Florida was an- nounced Monday (30) by Leonard H. Goldenson, Par theatre-operating head. Sparks is resigning from the presidency of the various corpora- tions controlling the theatres, but will continue in an advisory and consultative capacity, it was said. Frank Rogers, •former exec assist- ant to Sparks, has assumed presi- dency of the various corporations, Rogers, B. B. Garner, M. C. Talley aad Fred H. Kent, who had also served as exec assistants to Sparks, will continue active management of the theatres and will retain their stock interests in them, Goldenson said. Lesser at RKO As Prod.; Moves To Cancel UA Deal Republic s Lee PoweD Wins Sdt To Use 'Lone Ranger Klling in Circus U'S $2 DIVVY First Paid on Pfd. Stock Since 1»32— sun f88 iB Arrears Hollywood, July 1. Sol Lesser checked in at RKO yesterday (Monday) under a new contract as producer of 'A' pictures. Currently Lesser is tied up with a pact to make one picture a year through 1945 for United Artists but is carrying on negotiations to abro- gate the deal, following completion of 'Any Girl Would' (formerly 'Strange Victory"), now in prepara- tion. Lesser will make 'Would' on the RKO lot for UA release. Previous to joining the UA outfit, Lesser -produced the Bobby Breen and George O'Brien groups in4e pendently for RKO. He was ready to sign a deal as executive producer and studio head at RKO several months ago, but UA declined to re lease' him. No trouble is expected in obtaining his release this time. He brought Barney Briskin with him from UA to be his assistant. Mary Pickford Okayed After Medical Checkup Cleveland, July 1. Report that Mary Pickford, ill here, might undergo an operation, started when she checked into Dr. George Crile's Cleveland Clinic last week for observation, were strongly denied, by the private hospital and by her hus- band, Buddy Rogers, who accom- panied her on visit Dr, Charles Higglns, who handled her case, said she had no serious ill- ness and that no operation of any kind was under consideration. How- ever she was in strict seclusion dur- ing her stay in Cleveland, refusing to see anybody and granting no in- terviews. After four-day medical checkup Miss Pickford and Rogers left last Saturday 28 for Gettysburg, Pa., where she planned to take part Tues- day (1) in the dedication of a monu- ment to Gen. James I>ongstreet at the request of the general's widow, an old friend. She then goes to New York in search of an actress for the title role in a remake of her 'Co quette,' which she is producing. Also reported that she would confer with Moss Hart on the idea of writing a scenario. Prompted by vigorous pickup in earnings, Universal declared the first dividend,on its first preferred stock paid since Oct. 1, 1932, last Thursday (26) when the directors at a special session voted a $2 payment Divvy is payable July 11-to stock- holders of record, July 7. J. Cheever Cowdin, board chair- man, pointed out that this action marks resumption of current divi- dends on this class of stock. First preferred is ~the only preference issue of U listed on the N. 'Y. Stock Exchange and only one in the public hands. Following this divvy payment, Universal still will be $68 per share in arrears. Stadio Payrolls Slomp, May Average at $46.52 Hollywood, July 1. Weekly studio payrolls, which reached a new high in April; skidded during May, according to statistics released by the California Labor Bulletin. Average weekly payroll dropped $59,132, with 1,006 fewer Jobs than in the month before. Total weekly payroll for motion picture workers during May was $643,008, compared with $702,190 for April. Number of wage earners dropped from 14,827 to 13,821. Aver- age weekly paycheck was. reduced from $47.36 to $46.52. Interstate Chains Co-Op On Defense Stamps, Bonds San Antonio, July 1. Following a suggestion made by tixe home office of the Interstate Circuit in Dallas, E. E. Collins; city manager of the group here, has in- stituted a plan whereby all em- ployees of the houses here are co- operating in the national defense move by buying National Defense Stamps and Bonds. Salary deduc- tions are made each week by the accounting department, this going <or a systematic buying of stamps and bonds. It has. be<n given the full coop- •ration'of all employees. Tank in RAF/ Lenser And Technician Killed Air Tom, Dick & Harry* (Publicity?) Suit vs RKO Chicago, July 1. Radio trio known as Tom, Dick and Harry has filed suit against RKO Radio, seeking to restrain the firm from distributing a picture titled 'Tom, Dick and Harry.' Real names of the trio are Frank and Gordon Van Dover and Marlin Hurt. In their suit for an injunction the radio singers contend that they have an exclusive'right to. the name due to years of useage in the business. Attorney for RKO Radio is Arthur Goldberg, associated with the Spitz St Adcock law office. In his early questioning Goldberg has brought out the fact that the, term 'Tom, Dick and Harry' has been used for years as a general expression, dating back even to Shakespeare. Otto Kanturek, Czech cameraman who recently arrived in London to take location shots of the R.A.F. for 20th-Fox picture, 'A Yank in the R.A.F.,' was killed last week along with Jack Parry, British technician, while photographing air material Pilot of plane from which they were 'shooting' material also was killed when the airplane crashed, Kanturek, who had specialized in aerial camera work, had worked on several hundred pictures during his 28 years activity as film photogra pher. He was cameraman for Gracie Fields in many of her British-made films. 'Prosoner of Corbal' is most recent picture on which he was pho- tographer, having been made in 1939. 'A Yank iii the R.A.F.' is be- ing produced in Hollywood with Ty- rone Power, Henry King directing. Only the R.A.F. flying shots were being made in Britain. Korda Doesn t Want to Slight His Adopted Eng. Fearful that °he Is neglecting the country of his adoption, Alexander Korda is preparing to remain in England when he returns to London from Hollywood in late summer or early fall. Producer has stated he wants to take any sort of govern- mental job, whether it d6als with films or not, in order to do his bit. How soon he will be able to go depends on progress of 'Jungle Book,' which goes into production shortly. Bank financing him insists that he stay with the film until it is well on its way to completion. It will be his second film for 1941-42 release by United Artists. First is 'Lydia,' now virtually- finished. Producer has even ceased reading scripts. Quiet, Like a Battlefield Hollywo.od, July 1. Film version of the Olsen and Johnson stage revue, 'Hellzapoppin.' went Into work at Universal, di-. rected by H. ,C. Potter for Jules Levey's Mayfair production unit. Martha Raye is co-starring with the comics. Mulvey Doubling Also For James Roosevelt James Mulvey, eastern rep for Samuel Cioldwyn, .is doubling in the same capacity for James Roose- velt's Globe Productions. He added the new duties Monday (28) follow- ing departure of Roosevelt's former eastern rep, David Griesdorf, who becomes branch manager of the United Artists exchange in Los An- geles. With Roosevelt's pictures having been pretty well played out by now and no prospect of any more, job of the eastern rep has become minor. Office will be continued on a small scale for accounting purposes. Griesdorf was a, former Canadian branch manager for UA. He suc- ceeds Earl Collins in Los Angeles, latter becoming Dallas branch man- ager. The British Ideft London, June 13 Quentin Reynolds' daily page the Express here recently carried his story in support of British stars In Hollywood. Piece was done in con- versational style, re-telling parleys writer had with Cary Grant Ronald Colman, Herbert-iMarshall and Sir Cedric Hardwicke, all of whom voiced nationalistic sentiments. Effect of this type of publicity is papers questionable. Despite listing of what-|- the quartet has done and Is doing by way of charities, local trade press is inclined to snicker and seize on sentimental makeup of the yarn. Fact that these players are long-term residents of the U.S. received no precise mention in the Express story, and they're thus lumped with citi- zens whose trek Atlantic-wards was much more recent and against whom trade attitude Is .bitter. Michael Balcon, indie producer, recently let go with a broadside at the departed fllmites, piece going into a film fan magazine. Spartanburg, S. C, July 1. Lee Powell, Los Angeles actor. ha.<) full right to advertise himself as 'The LAne Ranger' of sound pic- tures, has infringed upon no film, radio or comic strip rights of 'The Lone^Ranger, Inc., a Michigan corpo- ration, and legally can bill himself or be billed as The Lone Ranger' of two Republic films portraying the sagebrush Galahad, Federal Judge C. C. Wyche ruled in opinion hand- ed down here. Decision was in case of the cor- poration against O. C. Cox, doing business as Wallac<^ Bros, circus, winter-quartered at York, S. C, for past several years, and Powell, billed and advertised by circus as 'Lone Ranger' of motion picture fame. Opinion, ending two years litiga- tion in Pennsylvania and South Car- olina federal courts, denied injunc- tion sought by plaintiff in a $250,000 suit, and followed series of hearings in federal courts at Greenville and Spartanburg, S. C. Judge Wyche, in 14-page opinion, stated that from testimony before him, it appeared that since April, 1940, defendants have been using the line 'Hi Yo Silver,' objected to by plaintiff, in their advertisements of Powell as original 'Lone Ranger' of sound pix. Cites Second Pic 'However,* opinion stated, 'since the signing .of the decree by the district court ot'Fennsylvania (1940), a second motion picture has been issued by Republic Pictures, Inc., entiUed 'Hi Yo Silver,' under li- cense from the plaintiff. In this pic- ture, the defendant, Lee Powell, also played the part and did all the act- ing of the Lone Ranger. If. the de- fendant, Lee Powell, has the right to_ refer to his former employment in* the original 'Lone Ranger' pic- ture, as I have found, as the district court of Pennsylvania has found, and to which the plaintiff has con- sented, then by the same token, he would have the right to refer to his former employment by the Repub- lic Productions, Inc., as the Lone Ranger in 'Hi Yo Silver.' 'It appears to me that if the de- fendant, Lee Powell, has a right to refer to his employment in one pic- ture, he has the right to refer to his employment in another picture produced at a date subsequent to the signing of the final decree in the district court of Pennsylvania.' 'Ranger' Promotion Last season advertisements de- scribing Powell as 'Lone Ranger' of films, but not referring to radio 'Lone Ranger,' weie three-sheeted throughout circus' southeastern tour and published in many daily news- Other News Pertaining to Pictures Dave Rose on British comedy Page 13 Brazil as ace U. S. pix market ;. ..Page 13 AFRA strike postponement Page 24 Edward G. Robinson's $100,000 gift Page 25 ASCAP Page 41 Phil Harris and 'Rochester' units Page 47 Elitch Gardens' 50th anniversary. ...Page 51 Seamon (Hurtig &) Set Back in 20th-Fox Suit Harry Seamon, 78-year-old part- ner of the old burlesque producing' team of Hurtig & Seamon, lost a plea for a temporary injunction against 'Tin Pan Alley' in N Y. su- preme court, when Justice Ferdi- nand Pecora ruled that doubt ex- isted as to the certainty of reference *) Seamon in the picture. Seamon is suing 20th-j'ox for $50,000, charg- ing illegal use of his name. 20th-Fox has submitted affidavits purporting to show that the use of the names in the film referred to a theatre at 125th street N. Y. Look Who They'll Meet Hollywood, July 1. Metro goes to the plate with a heavy batting order in 'When Ladies Meet,'.directed by Robert'Z. Leon- ard. Cast toppers are Joan Crawford, Robert Taylor, Greer Garson, Her- bert Marshall and Spring Byington. With opinion Judge Wyche handed down lengthy 'Conclusions of Law and Fact' findings, holding, in part, that: Radio serial, 'The Lone Ranger,' was copylNghted by plaintiff for broadcasting purposes; that plaintiff owns copyright to 'Lone Hanger' comic strip, (syndicated by King features. Inc.), and that scope of both 'as alleged and proven by the plaintiff' extends only to expression The Lone Ranger,' and 'there has been no allegation or proof by the plantifl of the expression of its idea, so copyrighted and published over the radio and through the comic strips, and from which the plantiff seeks to enjoin these plaintiffs.' The "court ruled that 'the plantiff is not entitled to the relief prayed for by its complaint (asking $250,000 alleged damages) enjoining the de- fendants from using the expressions 'The Lone Hanger' or 'Hi Yo Silver' or from appearing in person as the original 'Lone Hanger' of talking pictures.' Further, he ruled a prior show cause rule handed down by Circuit Judge G. B. Greene (S. C.) 'should be dismissed' with costs and attorneys' fees to the defendants as provide by 17 USCA 40.' Too Rough for Her Hollywood, July 1. Miriam Hopkins, dissatisfied with her role as femme lead in Univer- sal's 'Bad Lands of South DakoU.' pulled out of the cast. Actress signed for the film without reading the fin- ished screenplay. Picture's start is postponed while the studio hunts a new lead.