Variety (Sep 1941)

PICTURES Wednesday, September 3, 1941 Too Soon to Gauge 1941-42 Shorts On Quality; Still Selling on Old Reps By MIKE WEAR While major distributors have an- nounced plans for strengthening their 1941-42 lineup of shorts, and several have bolstered their sales and exploitation alignments in vary- ing degrees, it is too early to tell •whether new one and two-reel^prod- uct is shaping up stronger than in the past season. Additionally, it is much too early to ascertain whether shorts are going to stand alone on their merits, or are going to continue as the stepchild of the industry along with newsreels. Despite the fact that numerous distributors are obviously pushing the short features more than they ■ have in recent years, there is little to indicate thus far that they won't con- tinue to serve as bait to swing fea- ture-product deals. The Consent Decree forbids five majors to force shorts but there is nothing in its wording which prevents the shorts lineup- figuring in actual clinching of certain product deals. 'Course, the company with the best all-round shorts lineup stacks up as most likely to swing more feature deals, other factors considered, even if the neglected short feature figures as in previous seasons. Just now the situation looks as if the onus is on the distribution end of the business, together with the exploitation staffs and publicity-ad- men, when the real answer is on the producing end. Only with a few companies will the salesmen have something outstanding to sell al- though they are the boys who are looked on for improved business. But there apparently are a number of ex- hibitors who might be inveigled into buying obvious money-making short features, especially if they are faced with high terms on program pic- tures. It looks as though there is an opportunity for name shorts to tap recently neglected coin sources, but It will take a. b>6 improvement In production. Newsreelers Expanding Another factor, which promises to become additionally prominent this season, is the growth of so-called newsreel theatres with their demand for pungent shorts. Bookers for these houses admit there is an amaz- ing lack of information regarding shorts, and their quality. This is evidenced by some of the slipshod short reels which appear in these houses. Many are content with a travelog or a March of Time, with little variation f^om this accepted pattern. Several majors, either operating under or outside the Decree, have figured out ideas for putting over what they consider is stronger prod- uct in the new season. Paramount Is giving the 'Quiz Kids' initial pic- ture a special preem in Chicago, Warner Bros, is tradeshowing Its first batch of new shorts. Universal, which several months ago reported realigning its shorts production to fit exhibitor wants as It previously did on features, has announced a 'Book- er's goodwill short subjects contest' running through to Oct. 11. RKO and Metro RKO has strengthened its exploita- tion of shorts while Metro, which always has gone heavy on its bally for the shorter features, has several ambitious plans ready tor launching, liatter company is readying a na tional defense two-reeler, as yet un< L titled, which is said to be the slick- I est documentary type of film made i on this subject Metro in recent ^' months has gone for the idea of mak- ing shorts from documentaries v/hen lively stories could be obtained They also have listened to patron re- quests for certain stories to be screened. They did Frank Stock ton's 'Lady- or the Tiger' and also Happiest Man on Earth,' latter a short story prize winner. Coming up as one of the initial 1941-42 of- ferings, Metro has The Tell-Tale Heart,' Edgar Allen Poe story. Universal is showing its conviction that the public is interested in name bands, if projected on the screen in entertaining fashion, by arranging a series of name-band shorts. Ted Lewis already has completed one, while Russ Morgan, Skinnay Ennis end Jan Garber are on the future lineup. Several of these are being pre-released so that they may apply to the last three releases on the 1940- 41 contract. However, it all simmers down to whether or not the producing end is able to bolster shorts quality because the distributing-exploitation ma- chinery is ready and waiting. Resume of Best Shorts of the Konth on Page 17. PAR EXPANDING ITS INDUSTRIAL PIX UNIT Paramount's industrial film divi- sion, started as an auxiliary of the New York shorts department just two years ago, is being expanded and given increased status as the result of its coin it has piled up for the company. It's under the direc- tion of George T. Shupert. Latest step has been to add Eu- gene Moore, radio and film scripter, to its writing staff. Films—which Paramount plays no part in dis- tributing—will continue to be di- rected by Leslie Roush, who does many of Par's regular shorts. Justin Herman, scrivener in the shorts ^de- partment, also does much of the writing. Commercials are .shot at Eastern Service Studios, Astoria, L. I., when not made on location. Par ofTers complete service from conception to delivery on the adver- tising pix, specializing in the. pub- lic relations type rather than the frequently-used sales training films. Among outfits for whom it has made films are Metropolitan Life, West- inghouse. National Association of Manufacturers, Better Vision Insti- tute, Ford Motor Co., American Iron & Steel Institute, Hat Style CouncU, and New York State Bu- reau of Milk Publicity. Inker Inks Hollywod, Sept, 2. •Metro hooked UP ^"^^d (Tex) Avery, creator of the cartoon char- acter, 'Bunny Bugs,' to a five-year pact as director of a new cartoon unit to be produced in Technicolor. Avery has been connected with the studio for six years, chiefly as supervisor of the Merrie Melody series. Padfic Coast Indies (250 Theatres) Starting Anti-ASCAP Suit in L A. Stndio Contracts Hollywood, Kept. i. William Lundigan drew player ticket at Metro. John Carroll handed new acting contract by Metro. Cecil Kellaway .Inked player deal with Paramount. Sara Allgood signed player ticket at 20th-Fox. Ray Middleton's actor option lifted by Republic. Arthur Kennedy's acting contract renewid at Warners. Walter Brooke, little theatre play- er, placed under term contract at Warners. 20TH-FOX SETS 3 MICH. DEALS FOR HRST 5 Detroit, Sept. 2. Deal for its first block-bf-flve films has been signed here by 20lh-Fox with Butterfteld Circuit, Schulte's Circuit and Co-Operative Theatres of Michigan, manager Lester Sturm announced. While first-run release in Detroit will continue to be shared by the Fox and Adams under a^ fran- chise which has several years to run, the deal covefs about, 240 Michigan theatres. Twentieth also has reduced the number of screenings from both a morning and afternoon showing of a feature to just a single on its fu- ture blocks. Cabot as 'Hickok' Hollywood, Sept. 2. Bruce Cabot signed a two-picture deal with Warners, first of which will be 'Wild Bill Hickok Rides,' co- starring with Constance Bennett. Shooting on 'Hickok' starts to- morrow (Wednesday), with Ray En- right directing and Warren William in one of the important roles. Lefty Ui^es Rationing Good Fdnis For US. Exhibs, Bad (hies to Enemy By Joe Laurie, Jr. Coolacres, Cal., Sept. S. Dear Joe: In my last letter I told you about the women here that started a Barn Theatre and put on Uncle Tom's Cabin for an opener. Well, I got the biggest laugh this week when they- were supposed to put on 'Rain' and they had to call it off because the amateur actors couldn't study one show while doing another. The last night of Uncle Tom, the gal that was doing 'Topsy,' got It mixed up with Sadie Thompson and said, 'I never was born; I. Just grew up you psalm-singing S.B. . . .' You can Imagine what the audience did. And the l)anker who played Marks the lawyer got It all bawled up with the Reverend Davidson and said, 'I'm Marks the lawyer, have a card a3 you must go back to San Francisco.' So now the show is off for a week s(^ they can get the old words outta their systems so they don't Interfere wit^ the new ones. It won't hurt my business none them closing up as they drew plenty of people and relatives. You know, people like to go to ama> teur shows to see their friends act so they can have something on 'em tht rest of their lives. No doubt you've read about the gas rationing by the Government. I think it win help picture houses like mine on account of that folks instead of riding around will stay In town and may drop in a pic house to kill time. Aggie sez, the theatres on the bottom of a hill will make money, because people could coast down and in that way save gas. I lald how about going back up the hill? And the only answer she gave me wa^ 'tha war will be over by then.' Which I thought was a screwy answer. I. waj thinking that maybe II the Plx producers would start rationing us exhlba one good picture a week and sending the bad product to the enemy w« could get 'em disgusted and maybe stop the war. F. F. Actors Say, Joe, I've been giving a lot of thought to this thing of actors playing camps F.F. (for free). It is doing a lot of actors that can use the worR outta a lot of employment. The first thing the Government did was to take off the Theatrical Project of the WPA and the first thing they are asking for now Is entertainment from these same people. You don't sea any carpenters going to camp and putting up a building for free, or elec- trlclans wiring the place, or shoe manufacturers giving shoes away, or clgaret people giving smokes away—the only guy does anything for frea Is the actor. The Government Is spending billions of dollars and a lot of dough on gyms, baseball fields, etc., but not a dime on entertainment. 11 they would throw a coupla million for entertainment the actor could fur- nish laughs and build up the morale of the boys. Now some colonel or some society dame gets a lot of actors together, promises them that a big car will bring them to and from the camp, they give 'em a dinner at the officers' mess and then the actors get up and entertain. And who Is in tha audience? A lot of officers and their wives, nurses, etc., end very few rookies mostly in the back. The actor is always ready to go on because he wants to hear a few laughs for a change from his landlord's •voice, but the landlord don't take laughs for even a no-wlndowed room. I'm as patriotic as the next guy Is and even the two guys after him, but I am for the performer and If actors won't work for nothin' then they will put a lot of vaudeville and legit actors to work and it wouldn't cost the Government hardly anything against what they spend for other things that don't mean as much to the morale of the boys as entertainment does. Everybody Is makln' dough outta the defense program except actors and soldiers. I would write more about this to you but I gotta get going as I promised to appear at a big show at the camp they're giving tonight. Best to the gang, sez Your pal. Lefty. P. S.—Bert Ewor sez, 'A good scare Is worth more to a man than good advice.' Los Angeles, Sept 2. Charging that ASCAP is an 'lUegal combination conspiring and operat- ing in restraint of trade* more than 150 exhibitors, representing over 250 theatres In California, Arizona, Idaho, Oregon, Washington and Alaska, will file suit on Thursday (4) under the Sherman anti-trust laws In U. S. District Court demanding $300,000 triple damages and an in- junction to prevent ASCAP from making any further seat-tax royalty collections. Action la to be filed by Albert J. Law, former special assist- ant to Attorney General Homer Cummlngs, attached to the anti-trust law violation division of ihe Dept. of Justice in Washington, now general counsel for the Pacific Coast Confer- ence of Independent Theatre Own- ers." Suit, which 1b being launched under the auspices of the PCCITO, is believed to be the only one of the kind ever filed against ASCAP by theatre operators individually, and will affect exhibitors in every part of the United States. There are over 150 separate causes of action, in each of which It is alleged that exhibitors are deprived of the privilege of bar- gaining for Individual compositions or those they have any use for. Com- plaint contends that no exhibitor uses more than 2,500 compositions a year though obliged to pay for a license for 25,000. Dates Back to 1930 Return of sums paid ASCAP for seat royalties since 1930, when sound was in more or less general use, win be asked for in the com- plaint, as well as an Injunction en- joining ASCAP from further collec- tions. Exhibitors -have submitted figures showing a total of approxi- mately $100,000 paid out in the past 10 or 11 years, asking for three times that amount under the triple dam- age section of the anti,-trust laws. Major objective of the suit is to question the legality of the ASCAP setup. Various Government actions have previously, been filed against ASCAP, one Federal case harking back to 1934, The Government filed a criminal information against ASCAP in Wisconsin in November, 1940, following with a complaint in the U. S. District Court in New York in February, 1941 which wound up with the signaturing of the consent arrangement on March 4, 1941. State statutes prohibiting ASCAP collections in Florida and Nebraska have been upheld in (he U. S. Su- preme Court, with the latest statute enjoining ASCAP in the State of Washington currently being ap- pealed Large Theatres, et Al. The action, mentions Largo Thea- tres, Inc., et al as plaintiffs, and AS(^AP, its directors and officers as defendants. It sets forth that ex- hibitors pay for the right to show a picture which would be rendered valueless without music and that without such 'right to exhibit or perform would be restricted from a free fiow of interstate commerce.' The complaint will state 'that a substantial portion of the motion picture films have been synchronized with music In such manner that the films could not be exhibited or utilized without performing the music synchronized therewith; that such musical compositions have been recorded on the film and have be- come an Integral part of the film Itself; that a great majority of the music synchronized with the films has been copyrighted music, the public performance for profit rights for which have been controlled by the defendant, ASCAP; that ASCAP therefore has had the power to fix the price of, control and otherwise unreasonably restrain the usage of a substantial portion of the motion picture films passing In interstate commerce.' Par (British) and G-B Shot FDR-ChurchQl Pix Best newsreel pictures of the his- toric Churchill-Roosevelt meeting at sea arrived In New York last week from London, the work of Ministry of Information of Great Britain. Under the M. of I., Paramount's British office and Gaumont-Britlsh In London were allowed crews aboard Churchill's boat. This en- abled both crews to get full cov- erage, with the advance understand- ing that footage made by both would be released simultaneously to all five U. S. newsreels. Realizing that American theatre audiences' Interest demanded earli- est possible showing. Paramount ar- ranged for special plane service to get the footage in early last week. Instead, the Gaumont reel, also ap- proved by the British M. of I., ac- tually beat the special service plane Into N. Y., although coming across by Clipper ship. Gaumont clips were handled by News of Day In N. Y., going to all five American newsreels at the same time. It would have made no difference which reached this country first, since Par's also was pledged to be distributed simultaneously to all reels. Gene Tiemey Re-Inked Hollywood, Sept. 2. Gene Tierney, signed 18 months ago by 20th-Fox, was handed a new contract running to Jan. 1, 1944. Currently Miss Tierney is on loan- out to Walter Wanger in 'Sundown' and is slated to shift temporarily to the Hal Roach studio for a top spot in 'Shanghai Gesture.' Her first starring role was in 'Belle Starr' on the home lot. 'Day' Begins Hollywood, Sept. 2. 20th-Fox started work today (Tues.) on 'Remember the Day' on location at Lake Arrowhead with Claudette Colbert, st'arrlng and John Payne in the top male role. Shooting began with Henry King directing. Leathernecks to Lets Hollywood, Sept. 2. Walter De Leon and Sid Silvers, who have finished scripting 'The Fleet's In' at Paramount, have been assigned to screen, play on 'Hula Honeymoon,' elaborate musical to be produced this fall. $1-A-DAY TAX ON FREE PIX KAYOED IN INDIANA Wabash, Ind., Sept. 2. Temporary injunction and -re- straining order has been granted In Wabash County court here In tha suit of Leroy Dennis and others against James Glvens, Indiana state treasurer and others, preventing collection of the ^1-a-day tax on 'free movies' sponsored by business- mens' groups and civic associations, which the Indiana attorney general has declared to come under tha classification of 'wagon shows.' The court ordered notice, given to the defendants that hearing on peti- tion to make the injunction perma- nent would be held here on Sept 15. Contention of plaintiffs is that the 'wagon show' tax was passed orig- inally to apply to 'medicine shows' which entered the state. The films, it was contended, are operated by residents of the state. AnnabeEa Examined Pre-Trial Yesterday Annabella (Mrs. Tyrone) Power was examned before trial yesterday (Tuesday) in N. Y. supreme court in connection with a $47,000 suit against her by Thomas Hayes Hunter, as- signee of Film Rights, Ltd., British company. Hunter claims commis- sions allegedly due on securing tha actress a contract with World Films Corp., 20th-century Fox subsidiary in England, and also her subsequent 20th-Fox contract. Examination was ordered over the protests of the actress who was en- gaged In a strawhat In Connecticut with her husband. The actress claimed she • had to return to the Coast immediately and asked for a postponement, but Justice J. Sidney Bernstein In N. Y. supreme court overruled this contention on Friday (29).