Variety (May 1946)

MISCELLANY Wednesday, May 22, 1944 Problem of Sequels to Script Buys To Be Contractually Provided For Sport* Shorts English heavyweight Bruce Woodcock, knocked out by Taml. Maurielio in (he fifth round'at Madison Square Garden. Friday (17). .exhibited a 'eft jab and straight-right but imisl develop a left hook. Bookies offered 16 to 5 against -the-Britisher bv.it re- tyised any. bets thai he'd lose-' by knockout. Indication of just how seri- ously the .English take their soc- cer is'seen in the Liverpool team currently touring .-the U.. S. Per- sonnel o( .the outfit represents investment of around $2,000,000, since the islanders think noth- ing of spending $100,000 or over for a good player. Liverpool Slavs will' head for Chicago, where they will play the newly aggregated Chi Maroons in Wrigiey. Field June .16. prior lb opening of infant American Pro- fessional Soccer League's first season. Movement is currently "t°°l tighten contracts purchasing film rights lo books lo clear the trou- bling question of. sequels. Film 1«- | galitcs point out that the law 011,. the subject is far from fixed and: as matters stand now, there is no | way of 'telling whether a sequel can . be made when the word itselr .is, not used in the contract. Second j question that remains in doubt, law- '. yers say. is whether a film com- j pany has the right to use characters, j out of part, in r completely new. and ' fictitious picture. Subject recently came up when Paramount.' after makiug VOur j Hearts Were. Young and Gay.'' whiii; ] depicted Cornelia Otis Skinner,, and I Emily Kimbrough in school and abroad, followed with a sequel, "Our Heails Were Growing Up.!' - Latter . film employed the same real char- . acters but put them in fictitious' episodes in a different school. The writers, riled over the twist to fic- tion,, sued Par; claiming the con- tract-limited the right to make se- quels on actual book, material. Court ruled that Par had acted legally, since all motion picture rights had been sold: Opinion, however, refused to say whether the.series could be carried on indefinitely. Number of film contracts give the producer a free hand in changing or adding to book material. In such cases, industry attorneys say, the question is still in the air whether this proviso opens the door to se- quels when Ihev are not specifically granted. Reverse pitch also has law - . dl : Bma ic C alled'.The Voices fans yers puzzled frequently where con- ■ tracts are vague in their clauses. That's, the power of an author to peddle motion picture rights to a sequel written by him when film rights to -the original, opus have been sold. . Choreographic Wrinkle 205th WEEK! KEN MURRAY'S ■BLACKOUTS OF .1948" El Capitan Theatre Hollywood, Cat. -||'s jh» fun M»>t. »f Angeles. lie.-illy I inn." pi'rm;iuei)t . IiiiikIi instilu- RANDOLPH SCOTT You Can't Call Verce's Fans Morons; Sinatra Swings Back at Stevens Chicago.' May 21. Frank Sinatra and Ashlon Stevens are at each other's throats following story by Stevens in the llerald- Anierican. Monday i'20). in which' the , a bunch of "Backward Little [Morons." S.inaLra is okay in lilms, Stevens said, but not in the .flesh. In pictures, "he is a most reasonable facsimile of a human bcinn. not a big ; moron for little morons and. their big ! dough." , Sinatra is swinging back at Attorneys point to another inter- Stevens all day from the stage of the esting point yet to be decided. Les-al j Chicago .theatre, -making cr ks tangle came up some years back [about "That dope on.the American.' when Mary Pickford bought the film j He also told Variety that Stevens rights to the musical, "One Touch "made himself- ridiculous by calling of Venus" Part of show was some |little kids morons." adding. "I don't elaborate choreography, creation of , mind if somebody criticizes my sing- Agnes DeMille. and the knotty prob- Uwfc but when they take pokes at a lem that almost landed in the courts was whether the choreography went • with the' story. Puzzler was never 1 decided because production of the | film was dropped! I Comic strips such as-"Terry and the Pirates." which lell a conlinu- | ous story..also pose a sequel .prob- j lem. according, to legal opinion, which requires straightening out. As one lawyer puts it: "When we buy the story to date, do we get the right to create new episodes'.' We don't know the answer to that one." Another tough nut, lawyers say. is posed when the first of a series ot books creating a character such as Sherktck Holmes come into the public domain through lapse ot time. The story and title then becomes available for use as a film. This, ■of course, permits depiction of the character. Real undecided question is, legalites aver, whether a produ- cer can create new episodes for*'the. character to play when some of (he books are still protected by copy- right. lot of innocent children, they're, go- ing too far LONSDALE'S 1-YEAR RKO PACT ON INDEF BASIS Playwright Frederick Lonsdale has been signed by RKO to a one- year writing; pact. . Studio' has no specific task for him as yet, awaiting I sketch-interlude.'; scripted Slnakra'i ICC Pitch . Frank Sinatra's plain-spoken. Ho boken-English talk on tolerance .and the need of a Fair Employment Practices Committee iFEPC). and Olivia de Havi Laud's hard-hitting plea for Congressional action on such matters as housing and OPA regulation, were stirring highspots of the veterans rally Thur*day H6>. at N. Y's Madison - Sq. Garden. Meeting was sponsored by the In- dependent Citizens Committee of the Arts. Sciences & Professions. Sinatra flew in from Chicago, where he has a theatre dale at the Chicago, missing a couple of per- formances, and planing right back after his speech. Crooner claimed the vets' rally was the most im- portant thing in his life, and he wasn't going to miss it." . Capacity house heard a coordir noted beef by vols against discrimi- nation, unemployment, foreign policy and other urgent subjects, in a meeting presided over au- thoritatively by Gene Kelly. Marion :Hargrove. Sen. Claude Pepper iFla.i, and Ralph Ingcisnll. PM editor." were among the other speakers. Howard da Silva look a promi- nent pari in various dramatic by Je- Billy Rosens Publicity Crack Backfires After Harvard Takes It Up Boston, May 18. Billy Rose and his six beauty con lest entries failed to arrive in Boston to.meet the competition the Harvard Lampoon found in response its chal- lenge to a beauty contest. Challenge followed Rose's statement that beau liful girls don't go to college. The Harvard comic mag had the Oval Room of the Copley. Plaza set for the occasion.and arrived'—along with the judges and about 500 Han' ard men—at the appointed hour of 30 Saturday 118). Conversations with Sam Friedman. Rose's p.a.. day before assured the Lampoon editors the girls wpiild arrive from. New York.. Day of contest Lampoon ,wa iagain assured the Rose entries would be on hand as scheduled, and wcr asked to supply police escort for the them. Girls failed to arrive on plane scheduled, so. Lampy editors, phon ing ,New. York, round that other planes were grounded, but couldn contact Rose. Later they heard that Rose wanted the contest to take place at the Diamond Horseshoe and asked Lampoon to move contest there. College, girls, however, in middle of exams, couldn't make the Hip. Undaunted by Rose's throwing in the towel, a contest was held amongst the college girls them- selves. The Beriming Point _ By Milton Berle CoL Bodley's 'Sahara' Pic and Lecture Sked 20tli-Fox is slated (o start filming next month on Col. R. V. C. Bodley's "Wind in the Saraha." biog on the Colonel's life among the Arabs which was published two years ago. His latest book is "The Messenger, the Life of Mohammed." Pic is ex- pected for fall-winter release. Col. Bodley has also signed for a lecture lour with National Concert & Artists Corp. for next season, and will use "Wind in the Sahara."' em- bodying story of the book, as title for his lectures. Boy! The movies that Hollywood is putting out these days . .they're i' long and nerve-racking, you go into the theatre with a quiver and gomo out as a jerk...Got into the theatre and the usher showed me- toh scat with ah adjoining psychiatrist.... the theatre employees are so well-trained, when one woman laughed at the wrong time. 16 ushers rushed down the aisle "to psychoanalyze her. .The picture was very good though. A lot of suspense It was so difficult trying lo pick the murderer that after an hour and M minutes. I wound up suspecting myself. ..In fact, the picture was. respon- sible, for-my getting ah apartments It may be a little padded, but'drm around anytime.. .The address is 1025 Bellevuc., The Great Wil Way Know a star thai did so badly last year he didn't have to borrow to pa; his tax. Got the surprise of my life., .saw a new name in Leonard Lyons column Certain nite club on 52d' street is doing so well... next week they're ,hiU ling in waiters. For the "Annie Get Your Gun" opening. Louis Sobol got me seals that were out of this world.. .next time I hope Ihey are in the theatre. Incidentally. Joe Erens is writing a Second avenue version of "Ailnie Get Your Gun", ..It's called "Sadie Gel Your Water Pistol." Asked Al Lackey, the well-dressed rbiie, for the. address of his tailor, He said, "Okay, I'll give you his'-, if you don't give him: mine." Sol Violinsky renewed his cabana at the Friars for the summer. Overheard at Lindy's: He'll make a terrific movie star'. Talented? Naw! Psycho-neurotic. There's No Tralli To the Eumar That B;ng Crosby eats nothing but three Dccca sandwiches .. that Buddy and Jerry Lester are friends.. .that Frances Renault turned down the road company of "Call Me Mister".. that Tony Canzoneri is writing Maxie Rosenbloom's material . that Lee Mortimer is really "Long Tack Sam"..., that a nite club in town jlidn't hire a French singing star. ..that John U Lewis bought a house without a picket fence . .That Mexico is buying sandlots in Brooklyn. Hangnail 0e*cripti«ns Phil Harris: To Faye I Am a Man.. .Willie Howard: A bookie's cookie.. 4 Shuberts: Lee the People..:Paul Small: All this and commission too.,, Milton Berle: One Ham's Family. »': Observation Dent. Went to Belmont the other day and bea't the horses for all; I had. Bet on one horse that took so long coining in. .he chipped in with the jockey for cab fare. New type of theatre in the Bronx. . they show no pix, no giveaways, no thing...you just go in and pick ..the gum off the seats. Would you cull B. S.-Fully a bad-libber? Gene Baylos claims the reason he hasn't.arrived, as yet is because of the railroad strike.. Saw a B picture thai had so many comedians in it. fighting for laughs ., thai the only straight man in the picture was the cutter. Berled Kffs The Carnival is so crowded that my stooges have to pay a minimum. A certain radio scriplor doesn't ask you what kind of jokes do you want but "Whose''jokes do you want. Scene: Brill Bnildiny. • 1st Songwriter: Written any new songs? 2nd Songwriter: Sure! Come upstairs and I'll play,you a medley of ifij I cut-ins! Know a comic who has been writing so many jokes'on his cuff.. .thai Ivil laundry man opens al the China Doll. Jack Leonard (the 300-pottnder) tells about the actor who said. "I'm t/y ing into my agent's office for a minute." His friend said, "My Gawd! Are they booking minutes now'.'" They're now calling the Theatrical Pharmacy on 46th street the Com fc'.vrliniiee. Irony: Jackie Miles' brother and my brother are fighting for billing. Eavesdropped al the Singapore: They get along so well, you'd think they .weren't married. Henny Youngman pulled the prize crack at Toots Shor's restaurant Hie other evening.. .told him I had « seal in the 3d row for the Louis-Conn bout'and he quipped, "On who?'' My brother (the one with the Petil-Point nose) has just become a doctor ...he speciali/.es in treating musical strains. Lew Parker knows a fellow out in Hollywood who got in bad with his producer-uncle for whom he worked. He was demoted to an actor- nephew, Second Casting Hollywood, May 21. Add lo the show-must-go-on department: Recent fern me applicant to "Bride and Groom" program was cancelled when prospective groom. a^ service, man. was shipped overseas. Gal tearfully informed John Nelson, m.c. of the "bad" news. A week later' she floored the same m.c. with asking if she could reclaim her advance spot, on the program. Seems in the interim, she had acquired a new boy friend! his arrival before an assignment is! rom Chndorov and Walter Bern- decided upon, jstein. Lonsdale will report to RKO upon | . : his return from England. He left for , Suiannji , f N y Susanna Foster. 21-year-old ac- London last week to supervise pro duction there of his play, "But for; the Grace of God." He expects to I tress-singer, is due in N. Y; from return after it opens in aboul month. Hy a Coast end of month for an extended : stay, lo study voice. Starlet has | signed with National Concert & i Artist's Corp. for radio and personal i'appearances,' and will have some radio guest shots lined up for her arrival. Last film chore was "Frisco Sal" iU„ 194S). Pix contract now calls for one film a year for next four Kraft to Dramatize Scott Fitzgerald Novel Hollywood, May 21. -Ms--concluded a .deal whereby he acquires : ~sole' dramatic rights to the late F. Scott FiUgerald's 1 years at. Universal unfinished novel, "The Last Tycoon." i —-——. Kraft plans to adapt story in play I BERLIN ON COAST form for Broadway production, com- I Hollywood May 21 pleting the novel at the same time. \ Irvlnt( Berlin arrived yesterday' to Deal was' consummated between check on his local pubiishing busi- Kraft and executors of the Fitzgerald j ness.' pix deals, ' talent dickers, etc. estate and Fitzgerald's agent. Harold I Composer will remain here a Ober. . Story is based on Hollywood, week. Wilson Pacts Webb For Judith Anderson, Gishes May Do Greene's Plays ■Luther Greene, last a film pro- duction aide to Sam Goldwyn, re- turns lo liis former Broadway legit production chores this fall, with a full schedule mapped. In works is a revival of "Come of Age." by Clemence Dane and Richard Adin- sell, with Judith Anderson in the role she originally did seven years ago for Guthrie McClintic. Greene is looking for the young mail lo; play opposite in role Stephen Haggard, killed in the war, had created. Also on agenda is a dramatization by DeWitt Bodeen, RKO writer, of Edith Wharton's novelette "Buniler Sisters," about. New York's Stuyve's- ant's Sq.. circa 1870, in which Dorothy and Lillian Gish arc interested. This will be first N.Y. play for Bodeen, who has had plays published, how- ever. Slated, loo, is new version Of "The Medea,'' by Robinson Jeffers, also with Miss Anderson. Greene, before taking to films, pro- duced versions of Ibsen's "Hedda Gablei'" and "Ghosts" on Broadway j Hai'r:-')n circuit, operator of five I with Alia NazimoVa eight years ag«. , Chi hliuerles. '^ Joe Cotten Opposite Margaret Sollavai In London Tnrtle London .company of "Voice of lh« Turtle" will open sometime. "J • August, with original roles recreated I by Margaret Sullavan and Audrey | Christie. Joe Cotten will do Hie ' Elliott Nugent male lead. Brili.-n protluction of the John van Drutt" play will be by Alii'eri de Liagre. !jr., who did it on Broadway, but Gilbert Miller will have an interest in the English presentation. , Warners' film version of I'« legitcr is held up until after '»« New Coward Comedy l9W-47 season in order not io t»w ' ' the edge off the draw, value of tne legit. Van Di-uten, play's m"" 101 ' will adapt "Voice" for screen pro- duction and will take over directing chores himself, as he did on Broad- way. Hollywood. May 21. Cast for the new. Noel Coward play, "Present Laughter." is being pacted in Hollywood by John C. Wil- son. Already signed for the lead is Clifton Webb. Wilson , originally wanted Leonora Corbett to co-star, but she had al- ready signed for "Park Avenue" i Max Gordon). Goodman Memorial Dedicated ^Chicago. May 21. Donation of tSjOO hy' the Widow ot Julius Goodman, late Chi theatre owner, has made possible the Julius Goodman Memorial Room and Nurs- ing Service which will be dedicated at Ihe LaRabida Jackson Purk Sani- tarium Sunday 1261. . Before his death a year ago, Good- man was prcxy ot the Goodman 'li Karlweu'2 Pix Oscar KarlwciS, Viennese slar Ihe Broadway legit success ■Maeob- owsky. and the Colonel" and more recent "I Like It Heie." pl*>«! lb Coast las : t week for his first■ U. s - film role. Will be featured in W* "The Emperor's' Waltz." as the Em- peror, supporting Bing Crosby am Joan Foi.il.aine. Actor will stay on Coast lor oiul pic. assignment, as lead m » £ version of "I Like It Here;'' l«r. production by William Calm v-™ produced the legit originaL