Variety (October 1954)

16 PICTURES •3* N.' Wednesday, October 6, 1954 ■ Europe’s’Code for a Code’ Continued from page 1 up by indie distrib Jean Goldwurm with the support of others in the field end saifr to express the thoughts of both the Italians and the French, proposes, that active measures be taken to force the America 118 ’ hand. j A European licensing systeiri for all American l features would in effect represent a “license" for Hollywood films to play European film houses. Here's the snapper: for every import refused a Holly- wood seal, four or five American pix would be refuSed clearance in Europe! Meantime and separately, an action against the Code is likely to.; come from Paul Graetz whose film, “Lovers, Happy Lovers”, (formerly “M. Ripois”), has been refused a Code seal simultaneously branded “C” (Condemned) by the Catholic Legion of Decency. Graetz, who spent $900,000 on the film and who. can’t get a major release i the IJ.S. under these 'conditions, is considering action vs. the Motion Picture Assn. Of Amer- ica : and the Code Setup.' He has talked in terms of a suit. This week he changed his mind and said he was looking for "something more constructive.” Graetz, too, argues that foreign films either shouldn’t have to undergo Code scrutiny, or else that a special rating should be created for them. Like other foreign pro- ducers, he is doing a burn over what he conceives to be the Code administrator’s "split personality” in re the evaluation of Hollywood and foreign films. Feeling is that the Code authorities are applying stricter standards by far to foreign lingualers than they do to the do- mestic fare, and that this is both unjust and unfair since there has been an obvious relaxation in Code interpretations at least for U.S. films. Cited prominently are Metro’s “Flame and the Flesh” and United Artists’ “The Barefoot Con- •tessa.” Issue was taken up in last Sun- day’s (3) N.Y. Times by Bosley Crowther in a piece entitled “The Irony of It All.” Crowther re- counted the stories of “Contessa” and “Lovers, Happy Lovers H ” both of which are peopled by a bevy of J unpleasant characters preoccupied: with sex. He noted that "Coritessa” had gotten a seal whereas “Lovers” had not, and commented, on ‘‘the incongruity of the operation of the Code and the injustice of arbitrary rulings on what people should be allowed to see.” Paradoxically, “Lovers” passed the N.Y. State censor board with- out a single cut, Graetz rail into imilar trouble with the Code some years back with his "Devil in the Flesh,” great critical success. Film also was refused, a seal, and the issue then almost went to Court, with Graetz engaging Mor- ris Ernst to prepare the. case. y Code Never Challenged Code setup, which ’ voluntary, has neyer been legally challenged. Its biggest blow came last year, however, when it refused to grant a seal to “The Moon Is Blue.” The picture went on to play a great many dates without it. It was fol- lowed by Howard Hughes’ "The French Line,” which resulted in MPAA fining RKO, which fine RKO never paid. Foreign film interests are un- happy over the positions adopted by the Legion of Decency, inas- much as they see a direct link between it and the Code. It’s rec- • ognized, however, that—officially— the Legion acts to rate pix for Catholics only, and that a “Con- demned” label from the Legion is far less harmful economically than lack of a Code seal. Legion-Code Together “Lovers” experience with the Legion was curious. Graetz’s N. Y. rep Was at first informed that the film had a “B” rating. Legion then told the producer that there had been a mistake; that "Lovers” had been placed in the "Condemned” category. This, it’s, said, was done after it had been definitely estab- lished that ^po Code seal'for the film would be forthcoming. Thus the Legion’s and the Code’s posi- tion were brought .into line. Legion’s reasons for condemning ^‘Lovers” are that “in the stojy it tells, (it) condones both in theme and treatment serious offense to Christian and traditional standards pf morality and decency because of its constant and unmitigated dis- respect for the virtue of purity.”: Graetz said in N. Y. this week that he was still hdpeful that the Code people might change their minds and grant the film. a. seal. If this did not happen* he said he would .have to. force the issue. He said he felt he had good‘case; and ; that there would :be no diffi- culty in proving the commercial damage to a Alirf that’s been re- fused a Code seal. Under current conditions, the matter, of the seal is becoming in- creasingly important -to producers abroad as they seek to widen their inroads on. the U. S. market. Their pix cost more, and whereas, in the past, many never bothered submit-, ting their imports for Code ap- proval, they now feel it’s necessary in order to break out of the arties, Attitude of Goldwurm and his group is that foreign films are pro- duced under conditions in which the Code "doesn’t apply and that, therefore, it isn’t fair to make the end product Conform with a set of. standards imposed: after the pic- ture is completed. Monaco Interested Their memo' not only proposes that the Code stop looking at for- eign .films, but that theatres be free to play imports that dojn’t have the seal, The whole proposition was discussed in N. Y. last week by Goldwurm, ’ who also owns the Little Carnegie and World thea- tres, N. Y., with Eitel Monaco, head of ANICA, the Italian producer- distrib org. Monaco was said to be heartily in favor of the resolution and took it with him back to Rome Saturday (2). Text , has also been communicated to Jacques Flaud of the French Centre National due Cinematografie., Graetz, long a foe of what he sees as the’ Code’s “double stand- ard," takes the same position as. the Goldwurm group. “I think I’d rather put up with state censors than the Code,” he said. Crious angle to the proposed resolution is that the MPAA is a member of the international fed- eration. It’s considered unlikely -that it’ll remain within that org’s framework should there be gen- eral approval of the anti-Code ac- tion. 3 Banned Unseen Memphis, Oct, 3. „ Dave Williams; sales: repre- sentative of Italian Film- Ex- port, told newsmen here that the Memphis censor, Lloyd T. Binford, had banned three films sight unseen. One film, "The Greatest Love,” was de- nied a license solely because it starred Ingrid. Bergman. Other two IFE films nixed for this 1 city were “Sensualia” and “Girls Marked. Dangerous.” No reasons were glvert and the films were never screened. Blnfpjd, 88 years old, makes news by his capricious deci- sions almost every week—if that’s any consolation to'the Italians. ’’ Rathvon Continued from' page 4 s German version of “Destiny version of “Destiny” is the one ~fo be dubbed in English, said Rathvpn,. because the French would be less compatible with English lip movements. .Third film, which goes into pro- duction Nov, 1, is “Embassy Baby,” starring Joseph Cotten as a Ger- man-Yank dual languages Only required dubbing will be Cotten's voice into German since the other cast members, including the femme lead,. Eva Bartok, speak the two tongues. “Embassy” represents Rathvon’s first film project aimed at the outset for the world market. Orwell’s ‘1984’ Following “Embassy” will be a picturization of, George Orwell’s 1984.” Lothar Wolff, who made Martin Luther,” will be the pro- ducer. Next ' to be another French-German dual, languager, Which will be made in France un- der terms of international produc- tion treaties. “Destiny” and “Back” were made at Wiesbaden. Rathvon, who resides in Paris, said he. has several pic companies but refers to. his overall , operation as Rathvon Overseas, Ltd. His per- sonnel setup includes Stuart Schul- berg, who has repped the Ameri- can Government in pic projects in Germany during and after his World War II years in the Army, and Gilbert De Goldschmidt. They coproduced both “Back” and “Des- tiny.” AS WALL ST. FOCUS By MIKE WEAR Most amusement shares got no place m last week’s stock market as Wall Street generally marked time. The World Series'drew more attention, than trading in shares, Which, fell .back most of the week. There were 12 issues in the amuse- ment Category which showed losses,, a few were unchanged. and those With gains were mainly fractional. Despite this, five new highs were registered. There was a big play in CBS shares as the week .wound up. Both issues went .to new peaks for 11954. The Class A stock went to 743/4- for a gain of 5%: points While CBS “B” hit 73%, Up .4%. General precision Equipment pushed ahead several points for a new high of 49%, but Was virtually unchanged on the week. The previous stanza saw it up 3% points, GPE is credited with re- flecting an upbeat in ; equipment | and supplies sales in Ihe film biz, including projectors and equip- ment for closed-circuit tv in thea- tres. Company last week was re- ported readying the takeover of another company, to further diver- sify its interests. Stanley Warner edged up to a new peak of 19% but was prac- tically unchanged for the week Aside from benefitting from upped theatre biz, it stands to gain from Cinerama for some time to come. Another high that, was made by Technicolor, which had “come to life” with a sharp rally in the pre- ceding week. Techrii went to 14% in anticipation of favorable earn- ings statement. It held around 14% most of th.e Week on issuance of this which showed improved profits. Paramount Pix, which did very well in the preceding week, backed and filled much of the past stanza to show a loss On the week., War- ner Bros, held near its recently made high of 21%, Same was true of ABC-Paramount, falling back from the year’s high of 21%, TV Flops Romance Continued from pace. 7 Similar 'mood. For the most part, such‘time isn’t readily available. Formation of the UPT group Is seen by the companies as an indi- cation that the circuit may, in the future, lay heavier stress on using tv as. a medium to advertise pix. In that connection it’s noted that Leonard Goldenson, apart from being UPT head, also is prexy of the American Broadcasting Co. and therefore necessarily.tv minded; While theatres have shown a good deal of interest in tv, the main job of pushing pix via that medium" so far has been done by the distribs. Latter are -spending increasingly tall chin on spot cam- paigns, with exhibs occasionally sharing the time costs. Some, the- atres do haVe tv spots bought up in advance and use them as they see fit, again With the distrib chipping in. _ to Motion Picture Assn, of America, in collaboration with the large circuits,“has suceeded in imposing its (Production) code not Only on its own members, but—through indirection-r-on the independent American producers and even upon distributors- (if not producers) of films from abroad,” indie distrib Jeari' N GoJdwurm complained in his memo (see accompanying story). \ Goldwurm’s remarks in memorandum form, charging that the MPAA’s policy, is “definitely an act of discrimination against foreign films,” Were taken back to Italy by Eitel Monacpy the Italian industry topper who sailed from N.Y. Saturday (2). x The memo said that the situation “can and must be changed if foreign films are to have free access to the American market." (N*Y< StockExchange) For Week Ending Tuesday (5) 1954 Rlrh Low 21% 14% 75% 41% 75 . 41% 33% 193/4 14 3 % »%■’ :63% 463%. 18% 13% Loew*s Weekly VoL Weekly in 100s High AmBr-ParTh 288 CBS, “A” CBS, “B” Col. Pit. Decca 55 42 77 287 Eastman Kdk. 163 ..; 218 20 % 75% 75 83% 143% 60% 18% Weekly Low 19 68 % 683 %- 31 ' 13% 59% Tues. Closet 19% Net Change for week i'siM **-..%■ +3% <Quotations furnished by Dreyfus A Co.) Yanks’ One-Third Vote In ANICA Continued from page 3 . 1 —————= == erably more is taken out via. com- pensation, deals, etc. The sum in- volved in the dispute over the past deals is comparatively small; Metro Issue Unraised The question of the Italians’ bid for Metro to enter the ANICA fold Wasn’t brdught up between Monaco and the MPEA, even though the Rome group hinted on some occasions that certain . ar- rangements couldn’t be made un- til and unless Metro' decided to go with ANICA. There are no indi- cations whatever that M-G has changed its mind on its freelanc- ing stanza. MPEA talks with Monaco were concerned primarily with interpre-. tatiops of the new film, accord arid didn’t introduce the question' of Italian Films Export or the degree of success enjoyecLby Italian pix in the U. S. Official announcement issued on: Monaco’s return to Italy Saturday (1) said the discussions were conducted “in a spirit of friendliness and cooperation” with agreement reached on all points. At a luncheon for Monaco, hosted by MPEA prexy Eric Johnston, the Italo. exec observed that the bal- ance sheet of the results obtained from the last three years of the It.alo-American film agreement was “clearly in the black” with both parties the gainer. He expressed the hope, that the relationship be- tween the two industries would grow from “a simple commercial interchange to a .happy status of genuine coproduction.” Alteration in the . ANICA voting balance, suggested, by Monaco, puts to rest American fear that their position Within the distrib-section of the organization may he weak- ening, ANICA votes, are distribut- ed on the basis of pix handled mul- tiplied by the number of areas in Italy where they are released. This Would tend to reduce the U, S; Votes as fewer American \films are released. Offer to reserve one-third of the votes for the Americans assures the MPEA a sizable voting block since ANICA decisions would in the ftitUre be made Via a majority of two-thirds of the votes. Voting now is on a straight majority basis. Talks also resolved to let the Bank of America in Italy handle the. diversification of deposits of the American companies. Original understanding was that the dis- tribs themselves would split up their banking on the basis of a list Of recommended institutions. All MPEA deposits so far have been with the Bank of America, Purpose would be to ease the Italian pro- ducers’ financing problems, with the spreading out of the deposits to serve as a quasi inducement to back film ventures. {Sympathetic on Labs Italians’ request that the Ameri- cans do their monapack color printing in Italian labs was re- ceived favorably by the companies, with the understanding that the Italo tint work would have to be competitive price-wise and—even more important—quality-wise. It was decided to send samples to Italy to determine the quality of the labs’ work there. Question of the nine pix which MPEA agreed to make available to Italian indies under ^the new deal was resolved with MPEA submit- ting to Monaco a list of Spine 30 features; along with press books which the American, ^distribs are willing to offer to the indies. Un- der the last deal, -each company had to offer tWo pix a piece to the indies.. Gimmick was' that these films Were part of the overall total licensed for import into Italy so that the U. S. outfits lacked in- centive to sell strong product to the Italian outfits. Problem of thej’ceiling” on re- mittances is involved. A letter from the Italian government, stating that there was a limit, to remittances under, the 1951 agreement, which allowed 37%% of the MPEA earn- ings in Italy to be transferred, came to light after the deal had been signed. The ceiling was based on the remittances of a prior year. There was pver-remittandes by the American distribs during the past three years. The new agreement, made in Rome last June, made no mention of the letter-ceiling, .and it was assumed, by MPEA that it had been; dropped by the'Italians. It turned out, howevfeir, that the Italian government still insists on the limitation and is withholding U. S. coin which MPEA thinks due its'members. Involved is ap- proximately $300,000. MPEA nego- tiators found Monaco wasn’t in a position to make definite arrange^ ments,. but felt -they’d arrived at a basis for a solution of the problem. Carrying the ball for MPEA in the talks’ With Monaco were Ralph Hetzel, MPEA exec v.p.; Griffith Johnson, v.p.,. arid Eugene Van. Dee, MPEA’s Rome rep. Georg# Canty also sat in on the talks. Union Siies Dallas House Dallas, Oct. 5, Local 249 of the Motion Picture Machine Operators union is suing the Wheatley Theatre here for al- leged breach of contract that pro- vided the theatre should employ union operators at a Wage of $54.40 weekly.