Variety (October 1958)

Wednesday, October 1, 1958 PSitlET? PICTURES S KIRK DOUGLAS: ACTOR-TYCOON Allied to Ponder 'Beyond Divorce’ Taking note of the agitation for a modification of the consent de¬ cree, Allied States Assn, last week put a thorough review of the de¬ cree on the agenda of its Chicago convention which is skedded Oct. 13-15. Three topics will be dis¬ cussed: (1) Divorcement. If the compa¬ nies were to be allowed to re-ac- quire theatres, what type of situa¬ tions would they be—regular or drive-ins? “In other words, what class of exhibitors will bear the brunt of this new competition?” Also, “would the film companies as an incidence of their ownership of theatres be able to revive the favoritism accorded the affiliates and the discriminations practiced against the independents before divorcement?” Is there any basis for supposing that, in getting back theatres, the companies would step up output, and how many dirve-ins would be in business today had it not been for the^ "standstill agreement” which prevented the majors and the affiliated circuits from expand¬ ing into the theatre field for so many years? (2) Block-Booking. Distinction must be made between compulsory and voluntary block booking, Al¬ lied held. Question is “To what extent, if at all, do the decrees prevent the voluntary block-book¬ ing' of pictures? Are exhibitors really in favor of compulsory block-booking and, again, would block-booking actually increase Hollywood’s output? (3) Production of Pictures by Di¬ vorced Circuits. Allied, along with others, petitioned the Department of Justice to permit this. The film companies, says Allied, - were in opposition “and their opposition blocked the attempt to get more pictures to relieve the serious shortage.” Allied still feels that any permission for the ex-affiliates to produce must be accompanied by adequate safeguards to “pre¬ vent reoccurrence of monopolistic practices.” Reviewing the various claims pro and con decree revision, the Allied statement said exhibitors had t<* determine the validity of the various arguments for them¬ selves. Allied’s own position is that the decree isn’t responsible for the dwindling product supply. It is convinced that “the solution of their (the exhibitors) most acute problems depends not upon annul¬ ling the decrees but in enforcing them.” While Theatre Owners of Ameri¬ ca is pressing for modification of the decree. Allied has accused the Department of Justice of laxity in enforcing it. RANK BUYS ADVENTURE YARN OF VANCOUVERITE Vancouver, Sept. 30. J. Arthur Rank organization in Britain has purchased film rights to “Afghan Adventure” - an auto¬ biographical novel published this month by Robert Hale Ltd. So re¬ veals the author, John Fox, long¬ time British army major now resi¬ dent in Vancouver. Book, his first, relates chase of aihns thieves and is attested as to veracity by Super¬ intendent Ellis of Scotland Yard. Film is expected, to start produc¬ tion early in 1959, “Afghan” sequel is being readied by publishers, and is also in pros¬ pect for Rank lensing, per Fox. Book retails at $3.75 in Canada. Fortima’s 'Saintly Gun’ Hollywood, Sept. 30. Fortuna Films, an indie theatri¬ cal film company headed by Raoul and Betty Pagel, has bought “The Saintly Gun,” screenplay by Cur¬ tis Kenyon. Script is based on the teleplay, “The Other Side of the Coin,” on which Kenyon qollabbed with Jer¬ ry Sackheim, and which was seen on tv on “Theatre Guild.” Antitrust Chief To TOA Convention; Studios Woodshed-Shy Re Theatres By jl t RED hift Exhibitors, large numbers of them, appear determined to find a way to have the consent decree eased as a means of stimulating production in Hollywood. Theatre Owners of America, at its conven¬ tion in Miami next month, will make a concerted effort to hit on a. realistic approach that will al¬ low it to make that \ pitch either with the Dept, of Justice, or with the responsible courts. Victor R. Hanson, assistant at¬ torney general and head of the Justice Dept’s antitrust division, has agreed to appear at the con¬ vention to meet with TOA execs for a discussion of the overall situ¬ ation. ' He has indicated to TOA his eagerness to convey the gov¬ ernment view to the theatres, and in turn lend an ear to the exhi¬ bitor’s complaints. What TOA would like to see done is the easing of the decree to allow the ex-affiliated circuits to enter production with pre-emptive rights. National Theatres was turned down when it made that pitch to Washington. What TOA would like to see happen, too, is for the law to be eased, so that the producers can regain some of their theatres. This, runs to TOA argument, would recreate the con¬ ditions of yesteryear, i.e. the in¬ centive for the producers to turn out volume product. I The irony of the situation is that the producer-distributors, now well adjusted to divorcement (except for Loew’s), show gener¬ ally little enthusiasm for their re¬ turn to exhibition. If they were as successful as they were in the 30’s and 40’s the reason partly lay in the very practices which event¬ ually led them into court. There is a good deal of doubt whether, under today’s conditions, and with suspicious lawyers forever looking over their shoulders, the major producer-distributors now would again make a go of their houses; or, for that matter, whether the conditions of the market are such that (1), they would want to saddle themselves with the over¬ head and (2), it would create the automatic need for more product. Said one of the majors’ sales toppers in N.Y. last week: “Let them lobby for changed condi¬ tions in the area of runs and clear¬ ances. That’s where we really get hit over the head. - There is no protection any more. Our pic¬ tures are going through too fast . It’s a case of now you see them and now you don’t, and you’ll never see ’em again either.” An exhibitor said the current conditions were unbearable “be¬ cause we are in a seller’s market. They can do anything they want to us that way.” It’s pointed out, however, that this condition isn’t precisely one which the majors would deplore, if indeed it exists to such an extent; nor are they likely to go for drastic measures designed . to deprive them of the advantage. ' Irony of the situation at the moment is that TOA has no legiti¬ mate grounds on which to attack the issue in the courts, which have been appointed to stand guard over the decree. Further¬ more, the position of Allied, which has accused the Justice Dept, of laxity in its enforcement of the decree, isn’t making TOA’s ap¬ proach any easier. | Terry Moore’s Reasons | Hollywood, Sept. 30. Terry 'Moore, offered the lead in “Beat Generation” at Metro, turned it down because (1) she didn’t like the script; (2) she felt the part was unim¬ portant; (3) she felt the sub¬ ject matter was too sordid. Picture deals with a femme who is raped and doesn’t know if the father of her unborn child is the rapist or her hus¬ band. Abortion is also part of the story. New Barjul Plots 19 Expknteers Hollywood, Sept. 30. ! Newly-formed Barjul Interna- j tional Pictures has blueprinted a slate of at least 19 features for filming and/or release through end of 1959. Headed by Emanuel Darling, Jerold Zukor and David Frank, all currently in N. Y. setting up play- dates for outfit’s first package^— “Attack of the Jungle Women” and “A Time to Kill”—Barjul already has bought six screenplays, op¬ tioned five others and is dicker¬ ing for two additional scripts. In addition to initial combo ready for release, company is now prepping a second and just closed deal with producer Willard Kirk- ham for another package, “Monster Assassin” and “Test Tube Woman.” Barjul’s own output will be budget¬ ed at $100,000 or under, and in deals made with indie company will guarantee return of 80% of negative costs within 24 months in exchange for participation and dis¬ tribution fee. In addition to producing and dis- tribbing, company will doctor pix ! which have run into financial stress, completing necessary shoot¬ ing, editing, etc., in return for dis- trib fee, participation and first re- i Coup of its production costs. Firm also will guarantee payment of all outstanding bills within 24-month period on uncompleted films it readies for release. Company’s second package re¬ lease will be “Yambao,” $300,000 film made in Mexico by Ruben Cal¬ deron, which Barjul has augment¬ ed and reedited,- and “Teenage Hell,” begun by Dale Ireland as “Bucks and Bruises” but which ran into union and coin trouble. Com- I bo goes out in November. Hya Lopert, producer-distribu¬ tor-exhibitor, back from Europe yesterday (Tues.) on the S.S. United States. Loeb of Wall St. Behind Wrather TJig Studio Buy’ John Loeb, of the Carl M. Loeb, Rhoades Co., Wall Street invest¬ ment house, is Jack Wrather’s backer in the oilman-showman’s expanding show biz acquisitions. Accent has been largelyjn televi- sion although the vidpiX operations are flexible for theatre exhibition purposes, when and if. Loeb-Wrather have their sights on a major Hollywood studio with an eye both to theatrical and tele¬ vision production. It would be one of the biggest acquisitions, money- wise, if it goes through, involving considerable Valuable realestate. Guinness Making Habit j Of Doobling in Brass; Writer-Star of ‘Noah’ Alec Guinness, who wrote the screen play (his first) for “The Horse’s Mouth” (based on Joyce Cary’s novel) and also stars in the film, is undertaking another dual assignment. He is currently working on' the screenplay 3 of “Noah” and is tailoring the title role 1 of the biblical character for his own talents. The film will be based on a play by Andre Obe. This was disclosed by Ronald Neame, who directed “Horse’s Mouth.” Neame, Guinness and producer John Bryan, who operate under the corporate title of Knightsbridge Films, will again join forces for the production of “Noah,” which Neame envisions as a spectacular that will cost about $2,500,000. The trio is hopeful of obtaining financial support for the new proj¬ ect from United Artists, which pro¬ vided the coin for the production of “The Horse’s Mouth.” One of the objects of Neame’s visit to New York last week was to open preliminary talks with UA. Pres¬ ent plans are to begin filming “Noah” in England in April. Also expected to be associated With “Noah” is Robert W. Dowling, president of City Divesting Co. Dowling owns the rights to the play, which was acquired when he was associated with the late. Alex¬ ander Korda. In addition, a Dowl- Ing-Guinness firm, DoWling-Lustre, hqlds Guinness’ contract, which [was obtained from Korda’s estate. Dowling accompanied Neame back J to. London over the weekend to jhold “talks with Guinness and Bryan on the production of rNoah.” Johnston in Moscow With Eric Johnston in Mos¬ cow two weeks, negotiating a film deal with the Russians, the only news received from his party is that they’re screening Soviet films to see which ones might be of inter¬ est to American audiences. The international tension over Quemoy and Matsu hasn’t made Johnston’s task any easier, film men figure. Japan’s Threat Of Import Shutout The Japanese government, seek¬ ing to force the American film companies into line, has notified them that, until they abide by the type of franchise agreement out¬ lined by Tokyo authorities, the is¬ suance of import licenses for next year will be suspended. The only distribs not affected by the edict are Universal and Co¬ lumbia, which already have the type of deals approved by the Ja¬ panese. United Artists also has been reported as falling into line. Main requirement under the franchise contracts demanded by the Japanese is that print and other costs be charged to New York rather than to the local sub¬ sidiary. In other words, more charges would be levelled against remittable coin. The companies so far have not decided what to do, though it ap¬ pears inevitable that, in the long run, they will comply. Irving Maas, MPEA rep in the Far East, has been instructed to hold fur¬ ther talks with the Japanese gov¬ ernment on the' question. Under the new film law, the Japanese also have said they will not issue any licenses after 1960 to any com- pany which does not actually main- I tain a distribution organization in Japan. Earlier this year 20tb-Fox had a man—-Roy Kimmerle—in Tokyo, huddling with the Japanese on a new franchise deal. When he re¬ turned, 20th submitted such a deal to Tokyo, but was turned down, the argument being that it didn’t go far enough. Warwick Want* Palance Hollywood, Sept. 30. Jack Palance is being paged to star in “African Bush Adventure,” Warwick Productions film ‘due to roll after the first of the year in Africa. Palance is the star of Warwick’s unreleased “The Man Inside,” shot last spring in England, France and Italy. It’s not so tough to make a mil¬ lion dollars in show business; just make a picture like “The Vikings.” And let it be called a “Norse Opera" in the New York Times)— it still means a mint for the film- aker, who happens to be Kirk Douglas, also one of the stars. Douglas’ deal with financier-ds- tributor United Artists called for no salary, but 60% of the profits. ‘“Vikings” was brought in at a cost of $3,500,000 which, fretfully enough, was $1,000,000 over the originally-blueprinted budget. The excess might have been more ex¬ cept that bankrolling UA execs in¬ sisted on some rewriting that re¬ sulted in the elimination of some costly location shooting. Foresee $7-Mil Domestic The domestic (United States and Canadian) rental total is now fig¬ ured at $7,000,000. This means (considering, the cost of distribu¬ tion, prints, advertising, etc.) that the break-even point already is reached and the foreign market net is all profit. The overseas take is indicated at another $7,000,000. Subtract from this an approximate 40% as . distribution fee, or $2,800,000, plus another $500,000 for the “sell” pro¬ motion. This leaves a net profit of $3,700,000. Douglas’ cut is $2,200.- 000. The tax bite doubtless will be severe but there are certain capi¬ tal gains advantages in being “in¬ corporated,” which is for sure. If he wasn’t one before, actor Douglas is now a millionaire. "Vikings” meanwhile provides some mightful estimates of where the money goes for a picture of this type. For example (remember, estimates): Tony Curtis, $150,000; Janel Leigh, $60,000; Ernest Borg- nine, $60,000; others in the cast combined, $150,000; story property, $30,000; screenplay, $40,000: pro¬ ducer (Jerry Bresler), $40,000; director (Richard Fleischer), $75,000; construction of replicas of three Viking ships, $200,000: con¬ struction of Vikings village, $ 100 , 000 . These were the major items at the outset. The balance, which brings the total lip to $3,500,000, came In various ways, including: Cameraman (Jack Cardiff) and crew, all other technicians, studio rental in Munich, costumes, trans¬ portation and "care and feeding” of personnel (an unusually big item in view of the number of persons employed from the States. England and Germany and quartered on the various location sites, such as the Norwegian fjords), editing, scor¬ ing, processing, etc.). ‘Glory* On The Side Kirk Douglas found some “at liberty” time in the course of mak¬ ing “The Vikings” and kept him¬ self beaucoup capital gains-fully employed. . Between takes of “Vikings” the producer-star turned out “Paths of Glory” and this brought him a pay¬ off of $300,000. It’s understood his deal with Hecht-Hill-Lancaster anent one of the starring roles in “Devil’s Dis¬ ciple” provides him with a flat $350,000. DISNEY CONCEIVING FIVE IN BIG-MONEY RANGE Hollywood, Sept. 30. Distribution plans for five top- budget features, biggest, program of Walt Disney product in indie’s history, are being worked out in series of meetings starting here ! yesterday by Buena Vista, releas¬ ing arm of company. BV prexy Leo F. Samuels brought his homeoffice exec staff from N. Y. to huddle with Disney prexy Roy Disney and other studio toppers on films to be released, through next summer. Lineup in¬ cludes “Sleeping Beauty,” “$6,- 000,000 Technirama cartoon; “Ton¬ ka,” “Darby O’Gill and the Little People,” “The Shaggy Dog" and “Third Man on the Mountain.**