Variety (March 1952)

^Tedne&day* Mwcli 5» 1952 pictures Matty Fox, board chairman of Motion Pictures for Television, Inc;, said this week upon his return to New York from the Coast that he had been unable to consummate the deal he Was working on With RKO. It envisaged the purchase by MPTV for television use of RKO’s entire library of features, numbering about 650 pictures, fpr upwards Of $14,000,000, Fox added that he had discovered during several weeks of talks With studio toppers on the Coast that norie of the established com- panies was Willing to sell its backlog of product for video. He said that he had come to the conclusion; MPTV Would have to rely at the moment on pix picked up individually; Hollywood, March. 4 . 4 Marriage of motion pictures and television is aim of Telemeter, pay- as-ydu-See subscription system, which is near closing deal to buy Paramount nix and will also dicker for product from other major dis- tributors in upcoming Palm Springs test, set for the fall. A Telemeter exec explained that simultaneous showing of pix in a Palm Springs theatre plus homes equipped with Telemeter has okay of the theatre op, and because the exhibitor approves, the distribu- tors are expected to go along with the test. “In this, manner the dis- tributor can not only have a free test of the system, he will get addi- tional revenue, since all revenue but service and line charges will be turned oye:* to the exhibitor. This test won’t hurt tlie exhibitor or distributor, and that's why we feel we will get Cooperation,” the exec amplified. - Finalizing of negotiations with Paramount would mark first sale of major pix to video, and would be to a company in which Para- mount holds a 50% interest. Carl (Continued on page 24) * 4 Pix Despite UA Ray Moon, who quit as central division manager for 20th-Fox in January, will- join Universal in an exec'domestic sales post on April 14. Meanwhile, Moon’s former post in Chicago remains vacant. Moon is a vet of more than 30 years in the distrib and exhib branches of the industry. He was distrib exec for 20th for almost 10 years before his resignation; joining that company as a special homeoffice sales rep in 1942; He had been central division manager since 1949. Ups Angeles, March 4. Benno M. Brink, referee in bank- ruptcy, opened a breach in the battle between the ip^i° r film lots and television when he ruled that George and James Nasser, owners of General Service Studios, have a right to distribute four of their films to television, even though these properties are still being dis- tributed to theatres by United Artists. Granting the Nassers a continu- ance of their control over General Service until June 5, the referee declared that since television has become a commercial factor, it is an obligation by UA to distribute the pictures to TV. Commenting that UA had iio intention of Sell- ing the films to video until the other major, distributors did, he added: “television as a commercial practice doesriHfbegifi-^vhen-other^ majors enter the field,” Hershel B. Green, counsel for UA, agreed that- such a decision would subject that company to ( Continued on page 28) Of Stock to Co. The Warner brothers and their families, it's anticipated, will offer a considerable block of shares for sale to the WB corporation as a result Of the company’s request last week for a tender of common stock. Move in no way is an indi- cation that the Warners have any idea of pulling out, since the broth- ers can unload a large number of shares without jeopardizing their control. They now own about 25% of the outstanding shares,; and there is no known group that can muster sufficient shares to chal- lenge the Warner reign. In the stock tender of July, 1951, the Warner family had indicated its intention of selling 100,000 shares Of stock to the corporation. Only 50,650 of these shares were purchased at the time, leading many to believe, that the Warners will "offer a large block in the new tender. Latest action, announced by the board last Wednesday (27), appro- priated $10,000,000 for purchase of outstanding common, and invited sealed tenders Of such stock at (Continued on page 12) Mere legal mechanics, of clearing a large number of films for tele- vision is almost as much a deter- rent any other consideration in causing, major companies to shy away from recent offers to sell their entire film libraries to TV. Most companies figure it would tgke a squad of lawyers a year or more to untangle varied rights in any large number of pix. Austin^C. Keough, Paramount general sKurtsel, made the point in testimony before the Federal Communications Commission last week. Other industry execs had been citing the same problem for a long time in answer to rumors of buyouts by teie of large blocks of product. Each film constitutes a separate case; Attorneys would have to dig out and study every contract per- taining: to a pic in order to ascer- tain whether the film could be made available to television. Re- strictions ‘may be contained in agreemei-ts with musicians; au- thors, . actors, screenwriters or ■Other talent. While legal problems would like- ly be- fairly simple in the case of minor pix,, there are probably no important “Ay that wouldn’t require extensive negotiation with Various of the people who were involved in their production. In the case of older pictures, the studios would also be faced with the problem of finding some of the talent involved to get the necessary clearances. The people associated with the pictures have either left Hollywood or are dead, and there would have to be national man- hunts to locate them or their estates. Failure to take such precautions, it is felt by attorneys, would cer- (Con tinued on page 24) Power jii 8-Pix Deal With 20th for 7 Years Hollywood, March 4. New deal calling for eight pix over a seven-year period will be signed by Tyrone Power with 20th- Fox. His exclusive pact there ter- minated Monday (3). “Bony Soldier,” which Power starts for 20th this week, is the first under new deal. It will be his only one fdr the studio this year. . He’ll Never Work in TV I One-man campaign to con- vince newspapermen that film biz is good and “it's smart to go to the movies” was initiated last week by Bernie Kamber, flack for Indie producer Harry Popkin. . .. Kamber’s talking-it-up, rbu- tine resulted in a *p i e c e by N. Y. Journal-American radio- TV columnist Jack O’Brian to the effect that with pix getting better and tele shows worse, video better watch out that it’s not pushed out of biz by the film industry. Earl "Wilson also used the Kamber thesis as takeoff point in an interview with William Wyler to discuss how Well good pix are doing. Annual report by Atlas. Corp. dis- closes that the investment trust continues as an important investor in Paramount and United Par- mount Theatres, and consequently was seen as at least partially blocking UPT’s aim of putting an end to the trustee arrangement restrictions on its stock issue. As part of the Par antitrust con- sent decree, the Department Of Justice demanded that holders of Par stock could own only UPT certificates instead of regular UPT stock. The certificates instead of regular UPT stock. The certifi- cates may be converted to regular stock upon disposition of the Par holdings., Certificate owners arc permitted to collect only half of UPT dividends, with the balance held in trust until they’re con- verted. Justice Department will agree to eliminate these restrictions, which obviously are burdensome to UPT, when it is satisfied that there’s no significant amount of common own- (Continued on page 22) Storms Slough Biz; Succession; ‘Show’ No. 1 for 2d Week in ’Vedis’ 2d, <Bend’ 3d INTO •y Loew’s-first-run: State Theatre on Broadway has booked ah Ifalian- languager with English titles as its Easter program, representing the first tiine an important showcase of this tyle will offer an import. Additionally, the entire' Loew’s chain in N. Y. has pacted for a five- day fun of the' film, including choice weekend time. Film is “Tomorrow is Too. Late,” distributed in the U. S. by Joseph Burstyn. It copped the “Best Italian Film” award at the Venice Film Festival for 1950 and was 1951’s top award Winner in Uru- guay. Leon Moguy produced with Pier Angieli, Vittorio De Sica and. Lqis Maxwell in the leads. Pic is love, story which brings in the conflict over whether sex education should ..be presented in. schools. Kansas Exhib Seeking Kansas City, Kans., Mar. 4. For the second time in two years W. D. Fulton,, independent Cxhib here, has- filed suit against the ma- jors. This time he has entered suit in Federal Court here, charging six majors, and subsidiary agencies with restraint of trade. He seeks injunctive relief and treble dam- ages of $1,050,000. Clearances are at the base of this suit; Fulton charging the defend- ant firms with “conspiracy, dis- crimination and monopoly, and at- tempt to monopolize” releasing of pictures to Kansas City; Kans.; the- atres. He claims that clearances which prevent showing of films on the Kansas side until affbr show- ings in downtown Kansas City, Mo,, and adjacent Northeast, Johnson County, are in violation of the Sherman anti-trust provisi Fulton has operated the Ayenue Theatre here since he built*it in' .1946. In that time, he asserts in (Continued on page 28) Year’s worst snowstorm last Sat- urday the east and storms of varying severity during the week elsewhere cut deeply into the box- office of many key cities this ses- sion. Despite tilts handicap, big are di splaying^-rha^rked-4 grossers stamina to hold hear recent levels. Many stronger pix launched* last Week are doing well in their sec- ond stanzas. “Greatest Show on Earth” (Par» is national boxoffice champ by a wide, margin for second week ir succession. Circus picture is big to terrific in many locations, and hit a new high in Denver as well as a near-record in K.C. Cecil B. De- Mille epic goes into ninth week at mammoth N. Y. Music Hall tomor- row (Thurs.) and likely will stay nearly until Ringling Bros.-Barnum A Bailey opens at N. Y. Madir son Square .Garden early in April. “Quo Vadis" (M-G), still a con- sistently great grosser; will wind up second although now on extend- ed-run in many keys covered by Variety. - •‘Bend\of River” (U) is a strong third place winner with mainly nice to great dates. It is spek leader in Louisville, top new pie in Buf- falo and pacing Dehyer in total money with a smash shewing. “Af- rican Queen” (UA) will finish fourth, also with great to good Sessions ■ 1 ‘'Viva'* Zapata”. (20th).. first week j (Complete Boxoffice Reports on. [ out in key cities extensively, will grab fifth slot. "‘Sailor Beware” (Par) will be sixth while “Lone Star” (M-G), also having played its most important key dates, is sev- enth. “Retreat, Hell!” (WB). is Winding up eighth, with “Phone Gall—From—Stranger^—(20 th). - in_ ninth spot. “Woman Is Dangerous’’ (WB), “Room For One More” (WB) and “Snow White” (RKO) (reissue) complete the Golden Dozen in that order. “Detective Story” (Par), “Las Vegas Story” (RKO) and “Girl in Every Port” (RKO) are runner-up pix in that sequence, “5 Fingers” (20th) shapes as a potentially strong newcomer, being wow in Washington this round and nice in second N. Y. Roxy stanza; “Mutiny 1 ’ (UA), also new, is top newcomer in Seattle, “Bugles in Afternoon” (WB), which ^ opened this week at N. Y. Warner;is pleas- ing in Washington but slow in Pittsburgh. “Just This Once” (M-G) shapes slow in L. A., weak in Frisco, poor in Detroit and so-so in Philly. “Something To Live For” (Par) is rated riot so good in Frisco. “Belle of N. Y.” (M-G), okay in Cincy, * light in Providence and mild in Louisville. “Bright Victory” (U> is fair in Montreal, “Decision Before Dav.; (20th) looms fine in Toronto; Washington, March 4 . With the Paramount hearings before the Federal Communica- tions Commission now in their seventh week, observers heTe see Par likely to come out triumphant on one aspect and lose another. Prediction Is that "the company will be granted a renewal of its license for KTLA, Los Angeles video sta- tion, hut will be declared in con- trol Of DuMont Laboratories.. Experienced observers base their/ estimates on the outcome of the hearings .on the trend of ques- tioning by FCC examiner Leo Resrtick and the jabs by Commis- sion Counsel Frederick Ford. The trend varies somewhat with testi- mony from day to day, but attor- neys /here think that by now they’ve pretty well spotted it. Of course,, whatever recommen- dation is made by the hearing ex- aminer must later be approved by the Commission itself,. The hear- ings. are a “package" proceeding that include various aspects of Par’s video activities, as well as the request by United Paramount Theatres (now in no way associ- ated with Par) for irierger with the American Broadcasting Co. Klaus Landsberg, general mana- ger of KTLA, took the stand today (Tues ), His testimony will wind up for the time being the Par portion of the proceedings. That wll be followed by the UPT-ABC phase, with UPT prexy Leonard Goldenson and other officers of the circuit and its subs Ids slated as witnesses. They’ll testify as to the acquisition Of theatres by Par before Par and UPT split. up* and (Continued on page 12) Metro-Loew’s Bankrolls ‘Knot-Hole Gang’ on TV In Theatre Pitch to Kids Despite the studio’s longstanding coolness to video, Loew’s Theatres and MGM have signied to sponsor “Happy; Felton’s Knot-Hole, Gang” on WOR-TV, N. Y. White the studio and the circuit have occasionally, usrid tele as an ad medium* this Is their heaviest coin outlay on video, since the half- hour “Knot-Hole” stanza will pre- cede each of the 77 ball games of the Brooklyn Dodgers from Eb- bets Field. Exhib will use the itanza to sell kids in the New York area on film-, going, and at the same time reach adults who dial the diamond tele- casts. One of the theartes' chief in- terests in the-program; is the ex- ploitation possibilities. The airer, which gives saridlot haseballers a chance to Work out with tlie big league players, has t.e-ins with va- rious juve organizations, such as Police Athletic League and the Boy Scouts. This will give the (Continued on page 19) Pages 8*9) B’KLYH DODGERS MAY BE THEATRE-TEEVEED Possibility that some baseball games would he available for large- screen theatre TV was indicated Monday (3) by Walter O’Malley, prexy oH the Brooklyn Dodgers. View was made in reporting deal whereby Loew’s Theatres in the N. Y. met area and Metro will Sponsor ‘‘Happy Felton’s Knothole Gang," video show put on just before every Dodger home game. Brooklyn prexy called mpve “a significant association among TV, the movie industry and baseball.” He rioted that this year’s programs will be studied to determine if these groups: can get together on future plans “to bring at least a fortiori of the big games to thea- 1 tre TV screens." He added that it was purely ex- i perirrtentation and. that he didn't believe “this Will; take television of baseball games out of \the home.” O'Malley declared that he didn't thirik that would ever happen, “but i we . don’t know until we see iiow I this thing develops;"