Variety (Jul 1946)

PICTURES Wednesday, July 3, 1946 Briskin Says Capra-Wyler-Stevens Gose Liberty Films Partnership Sam Briskin, v.p. and treasurer oft Liberty Films, declared in New York last week the outfit will .not take in any additional producers. It now consists of Briskin, who acts as exec producer, and Frank Capra, William Wyler and George Stevens. Briskin said discussions were held regarding addition of Victor Flem- ing, but the talk has since been dropped and the slate closed. Fact <hat the group would turn out too many, pictures per year to release conveniently was one of the factors determining the decision to. take in no more producers, Briskin said. He disclosed that the current deal with RKO calls for four pic- ture^ to be delivered at a minimum rate of one a year. He said he exr peeled Liberty would average about two or two-and-one-half films an- nually for the first few years and then perhaps one a year from each of the three associates. Briskin admitted that Liberty had :>hnd feelers from Samuel Goldwyn on joining with him in a new dis- tribution company. He said he was not adverse to the idea and that'if Goldwyn had anything concrete when the windup of Liberty's RKO pact approached, he would be glad to talk with him. Unit's initial picture and also the first for. James Stewart since his re- turn from the Army is now before the cameras; It is Capra's produc- tion of "It's a Wonderful' Life." Next on the slate is Stevens' "One Big Happy Family," which requires five leads and is currently present- ing a casting problem. Capra will follow with "Flying Yorkshireman" or "Friendly Persuasion," latter a novel of ah Indiana Quaker family by" Jessamyn ..West. Wyler is cur- rently fulfilling a pre-war commit- ment to Goldwyn. Briskin, who came east to attend the RKO convention and line up the start of a sales organization, will leave for the . Coast today (Wednesday). De Cordova With E-L Hollywood, July 2. Arturo de Cordova hopped in from.Mexico City, signed a two-pic- ture starring deal with Eagle-Lion, and hopped back to the capital across the border. Mexican actor will make a picture for Clasa and return to. Hollywood in September to star in "Don Juan Murietta" for Eagle-Lion. TED O'SHEA RESIGNS M-G TO HEAD LIBERTY SALES E. K. (Ted) O'Shea resigned aa Metro eastern sales manager last Friday (28) to join Liberty Films as general sales manager in charge of worldwide distribution for the new indie production outfit headed by Sam Briskin, Frank Capra, William Wyler and George Stevens. With RKO ' signed to release Liberty product, O'Shea will head- quarter at the RKO h.o., where hell work in conjunction with the RKO domestic and foreign sales staffs. He's slated to stay on at Metro for another two weeks to clean up his affairs there, then take a vacation in his hometown of Buffalo before as- suming his new post on July 29. First Liberty picture he'll handle is "It's a Wonderful Life," the James Stewart-Donna Reed starrer. O'Shea has been with Metro for the last.26.years, having first joined the old Metro Co. as a salesman in Buffalo in 1918. He was named east- ern sales manager in 1941, succeed- ing TOm O'Connors who went over to 20th-Fox as general sales man- ager. O'Shea will meet the RKO sales staff at the company's sales meeting, now in session at the Hotel Waldorf-Astoria, N. Y. O'Shea is the third in a row to leave Metro's eastern' sales manager post to accept a general, sales man ager's position with another com- pany. William A. Scully left the job in 1938 to join Universal. His successor, Tom . Connors, stayed put until 1941, when he resigned to join 20lh-Fox as general sales' manager and v.p. MPTOA N.Y. Meet Attacks Auction Phase of Decree The policy of licensing films to the highest bidder, as proposed in the recent anti-trust decision, was the central target for attack by the exec utive committee .of the Motion Pic ture Theatre Owners of America at their'two-day meeting last week in New York. The meeting, which rep resented the association's indie ex hibitors only, voted to submit to the trial court and the contending par- ties their suggestions as to what should be contained in the final de cree for protection of exhibitors. Final statement, containing the exec committee's suggestions, is to be drawn up within a month by MPTOA's general counsel, Herman M. Levy. Incorporated in that state- ment will be the idea that under the auction plan, prices of films will skyrocket to a point where admis< sion prices would have to be jacked up to the dislike and detriment of the public. Moreover,' competition from "ruthless, big money elements' is seen as squeezing'out many inde pendent theatre owners . who have been established in their com'muni ties for years. According to the MPTOA's exec committee, rights of old customers should also be one of the factors in negotiations fqr films, besides the price bid. Similarly, in determining reasonable clearance on runs, the committee is asking that the seven tests named by the. court be supple' mented by considerations of a the atre owner's reputation and. seni ority. Penalties are also being asked for the practice of over-buying. Meeting of the MPTOA's member ship as a whole' is tentatively skedded for September at' which time the statement will be submitted to the body for approval. Decision will also be made then whether per mission will be sought to appear as amicus curiae at the hearing of the appeal in lhe-U. S. Supreme Court. MPTOA's exec committee • also conferred with Isidor Lubin and Jack Levin of Confidential Reports on the problems of use of female and local checkers. No specific agree ments were reached although CR was said to have displayed a "co operative spirit" in. meeting MPTOA's objections to their use. MANY TIEUPS FOR WB'S 20TH ANNI OF SOUND Warner Bros, advance campaign on the 20th annl of talking pictures is attaining international scope on the basis of the film company's promo- tional tieup with the Bell Telephone System, its affiliate, Western Elec- tric, and RCA Victor. Western Electric is lining up its branches in all parts of the world behind the celebration with the Bell System planning to use material on the event as bill inserts to their 18,- OOOjOOO customers during the month of July. RCA Victor is pushing rec- ord retailer contests on their Cole Porter albums in connection with the film, "Night and Day," WB's special release for the occasion. With the RKO chain joining in the celebration, the roster of par- ticipating circuits and indie houses now number more than 6,000. RKO has announced that the Warner an- niversary trademark will be used in all its advertising during the week of Aug. 4 together with lobby displays focusing attention on the anniversary. Eugene Sharin Special Aide to MP Export Ass; In a move to unsnafu Ihe film situation in Austria, reported. that the Motion Picture Export Assn. is set to appoint someone to take over distribution of U. S. films in that area. The American occupying force in Austria, which has been handling distribution of all films under a makeshift seven-man board, is Donald Nelson on Export Film Biz With discussions currently hot among indie producers as to whether they, should permit distribution of their Alms abroad by the Motion Picture Export Association, Donald M. Nelson had a word of cautrun Saturday 129) regarding MPEA. activities in general. Prexy of (he Society of Independent Motion Picture Producers said 1 in New York he thought it a primary public relations job to avoid the impression Hbioad that the industry is "ganging up" on local producers or dis- tributors. Despite the fact that the MPEA plans joint distribution of American product only to meet the monopolistic practices' of certain iialvins Nelson said he felt it obligatory to avoid violating public opinion iri those nations. Abroad, as in the United States, SIMPP chief declared films are dependent on public good will and distribution must be han- dled in such a way as to retain the friendship for Hollywood ol.ihe peoples of these foreign lands. Nelson Suggests Byrne Shifted From Detroit Into O'Shea s Post; Zoellner Upped Also Fairbanks Tests Tirates' Hollywood. July 2. For his second production at In- ternational, "Terry:.and the Pirates," Douglas Fairbanks . will direct screehtests for- the major roles. . Fairbanks will not appear in the film, based on Milt Canifl's comic strip: However, he will star in his initial production, "The Exile." Title of the third film of the trio has not yet been announced. Parsons Kirbv Exit Par Switchin « to a hands-off-film-busi- r arsons, iviroy exu r«r ness po ii Cyi necessitating the MPEA Close on heels of resignation of appointment. Confiscated German Grover Parsons, Paramount branch fii ms will most likclv be placed in manager at Atlanta, John Kirby, dis- j the hands of a commercial adminis- tnct manager over that office and ^rator who will function under in- those in Charlotte and New Orleans, ; direct military control. has stepped out. Parsons left to join j Eugene Sharin, former chief of the '■ result in separation of the good from PRC, while reported Kirby, long j fli m division in the Army's Informa- j the b ad. Admission prices in gen- Public flUng by dlstribs of terms they receive for films under the auc- tion bidding, provision of the anti- trust decree was suggested: by Don- ald M. Nelson, president of the So- ciety of Independent Motion Picture Producers, In New York this week. Nelson said the indies felt that bid- ding on each picture individually, as the special Federal anti-trust court asked, would be advantageous to the indies and the industry as a whole —if such bidding were not "collu- sive." Open price filing might be the means to prevent such collu- sion, SIMPP head said. Nelson arrived in New York last week and has been huddling with eastern reps of the indie producers in the offices of Samuel Goldwyn, He has advocated that the produc- ers' reps formulate the ideas which they wish to see incorporated in the decree as finally drawn and present such ideas to the Department of Justice. Distribs, exhibs and major producers are all talcing a hand in the decree writing and the indie producers should sec that their ideas are presented too, Nelson stated. In going over the anti-trust de- cision with the producers' reps, Nel- son said he felt the most important .point as far as indies arc concerned is the auction bidding feature. Pur- pose, as expressed by the court, is to increase competition within the in- dustry^an aim with which the in- dies are in 100% agreement, SIMPP prexy stated. However, if instead of fair and honest bidding, there is (Continued on page 20) JIM MULVEY'S ONE GUY WHO LIKES THE DECREE N. Y. federal court's recent anti- trust decision was applauded Mon- day (1) by James Mulvcy, president of Samuel Goldwyn Productions, as decreeing "what exhibitors should have set up in the first instance for their own Interest and protection." 'The decision opens a greater com- petitive market, Mulvey declared, which is "the key to continued suc- cess: of this business." "A monopoly of physical outlets, whether in theatres or any other business, has always resulted in evil," Goldwyn distribution chief stated to RKO conventionitcs, "and no exhibitor or group of exhibitors should have the right to control or regulate what the public may see. . . The monopolies have been a great aid in the disposition of poor product, but surely that is not a good reason for a monopoly to exist." Mulvey expressed the opinion that the anti-trust decision would open a bigger field for quality pictures. It will enable them to get higher grosses, he reasoned, because it will MPA Indicates It Would Revoke 'Outlaw' Seal First official indication of the Mo- tion Picture Association's intention of revoking the Producton Code Administration seal from Howard Hughes "The Outlaw" was given by MPA counsel Samuel Rosenman in the U. S. Circuit Court of Appeals, N. Y., Monday (1). Rosenman said the. Association aimed to lift Its okay from the. picture because of the bad reputation it had gotten as a result of the type advertising Hughes has been employing, MPA counsel requested that Judge Learned Hand give a ruling on whether the producer could be expelled from the Association and the seal revoked without the MPA prejudicing itself with the court, since Hughes has several actions pending. Judge Hand asked that the MPA wait a couple days on any penalties against Hughes until he decided whether he'd grant the pro- ducer's application . for an appeal from the U. S. District Court's de- nial of a temporary injunction against the MPA. It was this application which initiated MondayV informal hearing. Decision might result today (Wednesday). If Judge Hand finds that Judge John Bright, of the (Continued on page 10) with Par .in sales, may join Van- j tion Service Branch in Austria, who guard (Selznick). [returned to this country last week, Kirby did not Inform the Par has been given a desk at the MPEA homeoXfice of. his future plans, .to aid in untangling the Central Prior'to becoming district manager, i European film snarl. Sharin's duties, _„ he headed the exchange at Charlotte |as yet not clearly specified, include ; have reached the limit in terms* of for many years. No successor has [special advisory work to Irving jboxoffice receipts, while production been : appointed- to either Kirby or'Maas, v.p. and general manager of j costs are going to continue to go Parsons. . I the MPEA. I higher. eral are about all the traffic will bear, he opined, except for rare pic- tures of outstanding importance, and exhibs must make the distinction; Grosses as a whole, Mulvey stated, L. A. to N. \ George Brown Gary Cooper Filipo Del Guidice Margaret Furse Bernard Hoffman Fred E. Hutchinson Bob Hutton Andra King Jack Kirkwood Winnie O'Keefe EliOberstein Mary Pickford N, Peter Ratlivon Buddy Rogers Bill Saal Whitey Schafer Ben Selvin Robert Sisk Spyrbs Skouras Tim whelan James Wilkinson Herbert J. Yates N. Y. to L. / Marcel Achard Ben Bogcaus Wick Crider Pete Harrison Eddie Knill Sir Alexander Korcla C. C. Moskowilz Charles B. Moss William S. Paley Arthur Pine Fred R. Snmniis , Hal B. Wallls Penelope Dudley Ward Bob Williams In a realignment of the Metro sales force following the resignation last Friday (28) of eastern sales- manager E. K. (Ted) O'Shea, Wil- liam F. Rodgers, Metro vecpee over sales, announced yesterday (Tues- day) that John F. Byrne, former district manager, with headquarters in Detroit, would take: over the post vacated by O'Shea. Latter went over to Liberty Films as. general salesmanagcr. Rodgers announced at the same time the creation of a new depart- ment to be headed by William B. Zoellner, former Atlanta branch manager. Department, to be en-, tirely separate from, the regular Metro sales staff, will handle the foreign importations being released in this country as regular Metro features, plus a group of reissues of top Metro films of the past that Rodgers has decided to put back on the market. In -announcing the new appoint- ments', Rodgers stressed the Metro policy of promoting from within the ranks. Byrne, with the company for more than 21 years, will be succeed- ed as district manager by; Frank C. Hensler, with the company 25 years and until now Kansas City man- ager. No successor to Zoellner has yet been named. Albert Aitler, for- mer city salesman in Kansas City, succeeds Hensler. Rodgers also an- nounced the appointment of Jerry Adams, former salesman, as assist- ant manager of the San Francisco exchange. In announcing Zoellner's new de- partment, as yet unnamed. Rodgers said his regular sales staff wasn't able to do justice to the importa- tions as far as the special handling they, needed was concerned, so he decided to set up the new office' and to combine it with the reissues. Pictures in both categories will be hafldled separately from the regu- lar M-G product with separate con-, tracts, etc, Zoeller will take a trip around the country within the next several weeks to line up his own sales staff, which will work inde- pendently, for the lime being, from the Metro exchanges. No particular number of reissue (Continued on page 10; 'OUTLAW GETS CHI NIX TEMPORARILY Chicago, July 2. Further Chi showings of "The Outlaw" were temporarily cancelled by local United Artists exchange after a statement by Balaban & Katz that the circuit would discon- tinue playing the picture in its nabe filmeries; Action was a result of recent picketing of the B&K Marbro theatre by westside Catholic groups that objected to three scenes in the film, Pic previously had ; a record Loop run with no censor trouble. Other local circuits are stay'if! shy of that film for the lime being, with Warners and Mania & RP se circuits laying pff. altogether. -Al- lied Theatre and the Essanrss chain said they would show the film when it was re-released in July. N.Y. Boothmen Win 15% Hike in New Pact A 15% increase iii scale for pro- jectionists in independent theatres in the Greater New York area is called for under agreement reached between Local 306, Moving Picture Machine Operators of N. V.. and ' ne Independent Theatre Owners Assn. Boost, retroactive lo. May 1 l 35 '- extends to September. 1048. Scale under the old deal ranged from $66 to $70 a week. ' . Earlier in the year Local 30« ob- tained a 15% jump for operators in major circuit houses, plus such W" dividual dc luxe operations «s ine Music Hall and Rivoli.