Variety (April 1950)

PtCT|JRi» Pavid O. Sdznick, Whd 1$ cur-r reritiy on 1:hc mat in a fegal Ixnit With Sir Alexander Korda ovar two film releases, is widening his court- jaystihg to take in United Artists. Indie prbduders* Vanguard Films is asking the New York supreme court to order arbitratlbn on four pix which UA has been handling since lie arid the major made their peace in February, 1947, when the pro- ducer sold but his stock interest in uA! Under the terms ,bf that pact/ Selznick wants a dispute over his share of rentals to be referred to Price, Waterhouse & Go., ac- couriting hrm, as arbitrator; Hearing bn the applicatibri is slated in the supreme court next Tuesday (25). Selznick claims that UA owes him $94,709 plus 10^764,- 961 lira ($17^250). He contends that certain deductions made by UA from overseas distributibii, amounting tb $30,367, against the $94,709 plus deduction of the lira, were: charged against Him in viola- tion of the contracti Involved in ' the argument are proceeds' ft’om *‘Since You Went Away,'* . “I’ll Be Seeing You,” ‘'Spellbound” and “Rebecca.” Ac- cording to his petition, ,UA admits ;to owing $67,209, but Selznick has refused tender of that sum as in- «ufficient. All four films remained with UA as distrib when the 1947 accord was signed. Agreement provided that disputes arising from distribution of the films are to be refereed by Price, Waterhouse. While UA disputes the sum due the prdbucer, reportedly it will not object to arbitration on the part of the accounting firm.. Paines Kramer 8c MarX are attorneys rep- ping for Selznick,^ In addition to tthe UA arbitra- tion dispute, Selznick is currently arbitrating his argument with Korda beforb Robert P. Patterson, foririer Secretary of War, In that case, dispute centers on Koi'da’s “The Third Man” and ^‘Gone to Earth.” D.Q.S. has Western Hemi- sphere rights to both these pix. Cobb Tuijns Director, wm Hollywood, April 18. liee J. Cobb becomes a film di- rector In “No Tomorrow,” Indie picture to: be produced by Sam Weisenthal under the Olympic Pro- ductions banner, starting in July, Gobb, in additibri to creating the title roie in “Death of a Salesniah” on Broadway, has directed a iium- ber of legit plays but has never tried film-directing. He will also double as star in the picture; , Wide Use of video trailers as a means of plugging films hit an un- expected snag last week. United Artists discovered that it couldn’t buy evening time on any stations in New York, Chicago and other keys because they W'ere all sold out. Distrib was planning to use the video plugs for the Harry M. Pop- kin film, “D.O.A.” It found, how-, ever, that it could get no time be- tween 5 p.m. and 10:30 p.m. in many areas, , since station breaks and all other segments where a trailer pf/ three minutes or less riiight fit ; were sold to regular ad- vertisers. Company is nevertheless making trailers on most Of its films with Tv in mind. They are arranged so the music track can be dropped (in deference to the Petrillo bah) and sequences are used that will show up well bn small screens. They are being eihplbyed in. areas where time is available. Accord- Ing to pub-ad manager Howard LeSieiir ho accurate measurement of results is possible, but thete’s a feeling by both UA: and the ex- nibitprs; that they are proving helpful. Walt Disney’s “Cinderella” is believed to; have set'‘a record last week in quantity of coin garnered in the New Ybrk metropolitan area for a seven-day period. It played 120 theatres day-and-date for a total boxoffice gross of approxi- mately $975,000. WHh almbst 500 prints in use and about 1,000 engagements played in the past 18 days, pic is believed likely also to have hung up a national record for the most money in the shortest time, Pres- sure for; bookings was so great that RKO saie^eh in many cases were transporting prints from one the- atre to the next in their own cars. RKO h.o. has not ye't received aiid tabulated all the eross figures.. . In the New Yoi^. area there are believed to have beeh oiily two previous films with a comparative number of bookings. They are Disney’s own. “Ichabod and Mr. Toad” and RKO’s “Stfomboli.” Neither came anywhere hear ap- proaching the gross of “Cindy,” which, aside from the strength it has been showing generally, had the added draft of. Easter week. Pic opened in 14 theatres in nine sUuations in Canada last week and showed power equal to the U. S. bookings. Total gross for the houses^ including four in Toronto and three in Vancouver, was $65,- 000 . More War Pix Reissues Further effort Vo cash In on current b-.o. power of war pix is reissue of two British docuraenf tary features. They are “Desert Victory,” Academy Award winner fpr the best documehtary in 1943, arid “Tunisian Victory.” Together [ they tell the stoir of the African campaign. ^ They open at the Rialto, N. Y., today (Wedriesday). They are being distributed by Film Renters, Inc., headed by Nat Sanders and Ed- ward L; McEvoyi former Universal shorts chief.. RKO Wins St. louis 300G Damage Suit St/ Louis, April 18. -RKO-Radio Iasi week won a $300,000 damage suit brought by a St. Louis newspaper stereotyper and based on “Fighting Father Dunne” when a jury in Judge Roy W, Harper’s division of the local U. S. district court returned a ver- dict for the defendant after seveii hours of deliberation. The plaintiff, Matthew L. Davis, who has been a newspaper stereo- typer her^pr 26 years and Is now empioyed^^ the St. Louis Post- Dispatch (Pulitzer), alleged that because of the similarity of names his character, had been injured by the filrii. The scenario was built around the life pf Father Peter Dunne, founder of ja newsboys' home here; and in ohe scene Shows that a newsboy named Matt Davis shot and killed a policeirian in the home and was convicted bf murder. Davis testified that he lived in the hoihe between 1907 and 1910 and that after the picture was Teleased he became the object pf ridicule and GDritempt and he algo said he became known as“Killer Davis,” The defense contended that the only real characters In the story Were Father Dunne (played by Pat O’Brien) and the late Archbishop John J. Glehnon. The defense also argued that all of the other Characters were fig- ments of the scenario writers’ imagination, arid it Was linaware that a Matthew Driyis had even been a residerit of the home. Product-splitting among theatres through exhibitpr agreeinent; long an industry practice, has suddenly sprung to the fore as a pririae prob- lem in current producer-distribu- tor efforts to up their share of film income. Request for pplicing to prevent the practice, apd its corol- lary, collusive bidding, was put be- fore the Dept. of Justice by Sam- uel Gpldwyn and William G. Mac- Millen, exec v.p. of Eagle Liph, in Washington last week. While Gpldwyn; and MacMillen both stated fhe case for the indies, their action waa kriown to be get- ting applauke from major company distribution execs in New York. Top companies, as Well as the in- dependents, are said to he getting hurt by the product-spJUtting, but are riot in position to put up a pub- lic holler-^at least uritil; divorce- ment is completed. • Prodiict-spUtfkng entails agree- ment among theatre operators that they won’t compete for the same, company’s film, biit that one exhib will regularly do business With certain distribs And the Other will buy from the rest. There can be two-, three-, or fourrway divvies of product in accordance to how many competing houses thefe are in an area. Practice has grown in importarice with widening use of competitive bidding, growing out of ariti-trust decrees. Squawk is, pf course, that such agreements are patently conspira- (Continged oh page 63) owne Stanford Aids Gardner On Fuerlo Ilioo Picture Hollywood, April 18 ; / Tony Stanford, veteran, radio di- rector, hris rejoined Ed Gardner as prOductiPri aide on the picture comic will make in Piiertp Rico.. Stanford ; fprinerly produced “Duffy’s Tavern)” but will have Orily ah irtciderital interest in the 'airshow. - Washington, April 18. Despite indie producer meetings with Reconstruction Finance Corp. officials here last week, little pos- sibility is seen of the RFC revers- ing long-standing policy to make loans to any form of communica- tions medium. RFC fears inevlta- hle political repercussions of loans that might be construed as having “propagarida” possibilities. Eilis G. Arnall, prez of the So- ciety of Independent Motion Pic- ture Producers, who led the dele- gation to the RFC, said following the session^ that; “there is nothing definite but we are hopeful.” He ppiried that it would take several months, at least, to get an answer from the RFC.. He said he thought some good. Work had been done in any case in acquainting RFC top- pers with the technical workings of picture financing, about which “they didn’t know beans.” Accompanying Arnall to thP ses- sion was indiA producer Sam Bisch- (Continued on page 9) ’ / Miami Beach, Apry 18. By July 1 Joseph M: Schenek .will have vlissolyed all his execu- tive relation^ with 20th-Fox; Frorri that date, in accordance with an agreehient made with the U. 3- goyerninent, he will ahandop his studio affiliation and devote full time to active cohtroi of his 350- house United Artists Theatre Cir- cuit. Starting in July, Schenek will divide his time betweep two personal offices, one in the build- ing recently bought by UAT iu midtoWn New York and one ori Film Row in Los Angeles. Early this year UAT assumed control of 18 filrii houses in Cali- fornia under a court brdei? which split its joint interests With Na- tional Theatres. Legal move gave the circuit controlling reins on four fivst-run theatres iri the Los Angeles district and top situations in several other west coast cities. In addition t6 houses which' it Owns or leases directly, the chain has interests in the ; Robb A; Row- ley circuit in Texas, Metropolitan Theatres in New York, United California Theatres in tlie north- ern sector of that state, arid houses iri Chicago, Piftsburgh; Detroit, Baltimore, Columbus and Louis- ville. Schenek was one of the founders of 20th Century, with Darryl F. Zanuck and Wiliiam Goetz, in 1933. Two years later, in the iherger with the Fox Film Corp., he became chairman of the board. (Continued on page 63) Figkr’s liidle Bids Vs: Skouras’ Riverside, N.Y. A second bidding situation opened up in the New York terri- tory last week. Symphony theatre, indie operated by Sam Figler, rer quested and received the right from RKO to bid againat the Skoiir ras chain’s Riverside; Roth houses are in the upper Broadway area of Manhattan. Pic that Figler Wanted was Sam- uel Goldwyri’s “My Fbolish Heart,” He didn’t get it. however, having been outbid by the Skouras house. Both theatres/ are understood, nevertheless, to have made iucra- tlve offers,; considerably beyond what they ordinarily would pay. Riverside has about 2,000 seats arid Symphony about 1,000. Initial bidding in the New York territory was started a couple months ago by Leo Brechrir’s ApoL i lo in Harlem VetrsUs RKO’s 125th I Street. Apollo has won a; number ^ of pix away from the RKO house. 4^ WheA Federal Judgf Jphii Bariiei banned cross-licensing of product by 20th-^Fox and Waiter iA their Milivaukee hotises last week, another fiiAt vwas registered in the judicial control Of the film bis. Both the Goverhinent arid William .Goldman in Philadelphia previous^ ly failed to win' cross-licensing strictures in the maiii anti-trust action and Goldman’s PhiUy suit, respectively. Company lawyers iri New York regard the precedent as dangerous and will challerige it in the appeals cQurt; ; As for the ban; against double<!> features in affiliate first-ruhs, an- ■ other proviso of the Milwaukee de- cree, that has already had a first, jacksoii Park case in Chicago iii which Thomas McGonnell, Tpwrie theatre lawyer, also was attorney for .the exhib included a prohibi- tion against Loop diialers.. Two- week Ceiling imposed, "on Warner arid 20th theatres in Milwaukee is also a reprise of JP in Chi. Majrirs’ lawyers beUeye they can Upset the Milwaukee decree on appeal. For one, / they point out that there was a reason for the two-week provi.sp in Ghi since-JP claiiped that pix had such a long run in. the Loop that their: value was exhausted so far as the nabes were crincerried. JP is a nabe house arid sued as such.: However, iri the preserit instance, the Towne is a; first-run, and it is puzzling to legalites how its stand- ing has any referehce to the length of the film’s rUn in competing houses. Obviously, the Towne will now be at a great adyantage, since it will have the pick of product as a theatre where films can' run in- definitely. In Chi, the indie houses are now in that favored spot. . Distrib lawyers will argue on appeal that the relief in rio Way related to the case. Chances of an ups^t on this presentation are con- sidered good. As for the cross- licensing ban, also unrelated to the case, no court has yet sustained any such principle, N; Y. federal court refused to go for sUch a pro* posal,; coritending that it was top extreme under national exhib cori- dltions. Goelet-Paal Plan U.S. Remake of /Bike Thief Efforts to set financing for an American remake of the “Bicycle Thief’’ are now beirig made by Robert Goelet, Jr , aind Alexander Paal. Their plan is. to shoot the filiri in New York. They clairri to have an okay on the project fromi Vittorio de Sica, Who produced the I Italian original of “Thief.” Film is Currently playirig through the U. S, and recently won ah Acad- emy Oscar as best foreign picture of 1949.; Goelet was cp-prpducer of “Rap- ture,” EnglisH^language pic riiade in Italy a couple years ago and about to released by Film Classics in this country/ His father is the riiulti-riiillionaire New York real estate operator who financed “Rap- ture,” It is understood, however,, that he will not advance coin for the “Thief” venture. Paal is a i Hurigarian producer who recently made “Tale of Five Cities*/ abroad in asspeiatiort with Boris Morrps. He has . another project under way now to film the life of Vaslav Nijinsky, who died last week. He plans to leave for London in May tO huddle with the dancer’s widow. < Goelet and Paal aim to consider- ably revise the story of “Thief” to fit the Anierican locale, but would use the basic element of a laborer chrising the man who stole the tools he needs to make his liviftg^ Sweeping Changes Seen in M’wke* Chicago, April 18. Entire system of first-run film distribution and good portion of- (Goritinued on page 18) NEFC TO CET £0INC WITHIN 60-90 DAYS National Exhibitors Film Gorp. board instructed its officers to go ahead with the ^organization of th« company after a fiullrday meeting at the Hotel Astor, N.Y,, yesterday (Tues.). Group, first formed about a year ago to back indie produc- tion with theatre coin, will get off the ground within 60-90 days. Despite some b.or doldrums, riorie of exhibs who have com- mitted themselves for just short of $2,000,000 backed out. Plan is ;to;/gp 'ahead' although gnriup origi- nally hoped to raise as much as $ 10 , 000 , 000 : Exbib attention yesterday turn- ed to television^ b,o.,/impact. Questiori wa$ raised whether NEFC could be directed against the TV threat. / iSol ,Les.ser, indie producer who also pariners vi^ith Mike RO.seriberg arid Bherrill Cotwin, Coast circuit Ops nrlefed the group on indie production conditions. SI Fabian continues as NEFC prez, Samuel Pirianski as bojard chairman and Robert Coyne as secretary. ReiimanV European Hop , Phil Reisman, RKO’s foreign chief,, planes for Europe May 1 on a three-four ^ week Swing through the Gojntinent and Eng- land. Trip is a routine inspection of the compariy’s European offices Which Reisman cuStotnarily m^kes several times yearly, RKOeri returned in February from a lengthy trip through Latin America.