Variety (July 1922)

38 TURES HP Friday, July 28, l^n SHOWMEN CHARGE SCHEME TO CLOSE HUNDREDS OF THEATRES )leported Move Is On to Frame New Theatre Fire Code in New York State in Way to Scrap The- atres with Wooden Balconies—Code Not Issued TTp-Htate New York theatre men ^ho operate houses of old-time con- struction scent a scheme to put them out of business in the framing; cf the new statewide theatre build- ing code, passed by the legislature during itn closing hours last spring. They say that political pressure la being brought or an attempt is being made to influence the formu- latora of the new code to insert a provision that all theatres with a seating capacity of over 300, the wooden balconies shall be taken out and steel girder frame work, re- inforced concrete, be substituted. One of the lodest specialists In theatre architecture declared this week such a provision would prac- tically eliminate four out of five of the theatres in the state, par- ticularly outside New York. It might be possible, he declared, to alter some of the house's to comply. but the co.st would be enormous. In other cases it was- his opinion the theatre would practically have to be wrecked and rebuilt. The up-state theatre men express the belief poliffeians have been ap- proached to iWlude the drastic regulation in the\ntere.st of certain theatrical manap^rs who own new and all fireproof theatres and who would like to see their business rival.s, whose houses are of older construction, put out of business. Under such a provision a number of New York theatres would be closed for repairs, although their con.struction complied with all the fire laws in force when they were erected. Until 1900 the building of seml-flreproof theatres was per- mitted under the I.tw. The upper portions of the balconies, where thece would be standing room, were fireproof, but the sloping rows of seats were supported by wooden Joists parallel with the footlights. The same was true of the galleries, wMle the roof was supported by timber tru.sses. Architects regarded this type of construction as an adequate .safeguard, since the con- gestion of a hurried exit would occur at the back of the balconies and on the stairways where the construction was entirely fireproof. Although the law became oper- ative in March last, the code has not yet been put in the hands of architects and theatre proprietors. They will be distribated by the Secretary of State when the codi- fication has been completed. The law did not lay down a specific set of regulations, but made it manda- tory upon the state department of buildings to formulate such a sys- tem of rules In consultation with the architectural bureau of the state and fixed the process of this code. The law W3S in.spired by the disaster m the Knickerbocker. WaHhington, D. C. Its intent wa.s plainly drastic and after being signed by Governor Miller, a pre- liminary ii\sppction was made by one of tho .state building ofilclals who reported a large number of hou.scs did not luc-t Liie require- ments of the .statute. A group of New York city archi- tects who spccializQ in theatre building ha.s boon holding confer- ences in MiUihaitan for sover.il weeks at various intorval.s to go over the law and the j)r()po.<«als of the experts eng.iged in framing the code. It was stated that these meet- ings were designed merely to study the new proposals for the enlighten- ment of the architects and to make comment upon them for the benefit of the codifiera. As far aa known the architects have not taken any stand on the question of all-fire- proof balconies. N. Y. CENSORS CHECK UP LICENSED PRINTS Demand All Exhibitors Report Their Programs in Detail An order was sent out from the ofilces of the Picture Commi.ssiuii in New York a few days ago, calling upon every exhibitor in the state to make a report in detail of his current urogram. The letter of in- struction specified that all future programs were to be reported in like manner. Although nothing was said in ex- planation of the ul<ase. It was re- ported in the trade that a releasing company had been creating in the number of prints it had. in circula- tion and the number of prints for which the legal license fee had been paid. Trade go.ssip did not specify the offender. The distributor. It was said, had presented its picture for examina- tion ahd received a clean bill of health on the subject. Thereafter it made requisition for 10 or so seals and licenst* numbers to be attached. The seals and license numbers, it was reported, had been reproduced for more than a score of prints. Reports of unauthorized prints came to the censors. They had no "^im/jtal jknosving how wide-spread the practice of duplicating seals and 1(^3 was, and so started a state- _ ttheckup to uncover the facts. tlttBL^print of the same number ap- pears in two places at once, or more than the recorded number of prints uf a licensed subject arc playing, the commission will know that ringers" are being used and prob- ably will summon the distributor for an explanation. First National "cceived a sus- pended sentence in the court of Special Se.ssions Tuesday on a charge of having exhibited two prints of "Smllin' Through" at the Strand. New York, and the Strand, Brooklyn, without having taken out duplicate licenses. At the same session fines were imposed for the first time upon sev- eral other producers tor failure ''to make the eliminations ordered by the censors. Arrow Exchange was fined $250 for exhibiting for releas- ing "Stay Down East" without making the cuts directed by the censors. Sentence was suspended in a like charge in connection with the exhibition of "Nan of the North." Elk Photoplays. 729 Seventh ave- nue. New York, was fined $100 for releasing without cutting a picture called "The Hula Hula Dance." Ofllcials of the First National averred in 4heir defense that the ex- hibition of the unlicensed print was due to a mistake of an employe, who had sini'e been discharged. In im- posing the sentence Justice Freschi declared the court would deal severely with violators of the state censorship rules. He declared the censorijlup commission was a good institution and announced his In- tention to co-operate with it in the enforcement of the law. ELSIE'S BROTHER Rumor by Way of Binghamton Re- garding Ferguson Family Binghamton. N. T., July 26. The Buckley-Ferguson Produc- tions, Inc., has been form.d to pro- duce and distribute films. E. O. W. FergiJson, one of the incorporators, is a brother of El- sie Ferguson. He is of New York, a director, scenario writer, actor and critic. A rumor says , the Fergusons, brother and sister, may be found together in the same and perhaps this company before long. The company's plan is to center its first production around a niece of Elsie's, who is to poF? as "Baby Elsie Ferguson." Leo J. Buckley, the photographer, and former Lieut.-Governor Harry C. Walker of this city are also in- terested in the corporation. El.«^le Ferguson, after a trip abroad, returned Tuesday on the "Majestic" to New York. MORE LANE COMEDIES Reginald Wards Has 10 Short jsctt for Nativs Msrktt \fi.: '^- Hard upon the heels of the nouncemcnt that Lupino Lane I'lnglish comedian, would do a un^ of short comedy subjects under tk auspices of William Fox, the traj learned that 10 short cojiediea maS in England and never offered ii this market were in courso of preJ aration for American release. The group is held by ReglnaM Warde, American representative Ideal^studios of England, althou, they were not made by Ideal. Th are being re-edited and titled fii this side, and will be ready f© booking probably before the PoJ series comes upon the market. Laurette Taylor starts on th filming of "Peg o' My Heart" nei week in Hollywood. She will b accompanied by her husband J Hartley Manners. Metro sponsor the production.'. •«~»m NEW ENGLAND SEWED UP BY THREE DISTRIBUTORS « U.'S PITTSBURGH THEATRE Pittsburgh, July 26. The theatre being constructed en the site of the former Savoy, which recently passed from the ownership of Rowland & Clark, will be known as the Cameo. It will be in operation as one of the first class picture houses on the Rialto some time In September un- der lease by Universal for 25 years. Paramount, First National and Metro in Bookings Arrangement—Metro in Famous Theatres for First Time in That Section CURWOOD GETS ^JUNCTION AGAINST 1 AM THE LAr Judge Knox in U. S. Court Rules That Screen Adapt- ers Have Definite Duties Toward Authors— Won't Believe Writer Sold Merely Use of Name $20,000 for "Adam and Eva" The Cosmopolitan has purchased of Comstock ^ Gest the film rights , to the firm's stage play, "Adam and ,. Eva." It is reported the picture concern paid $20,000 for the rights, with the International Story Co. acting A« the broker. The prolonged legal tangle arising from the proposed distribution of "I Am the Law" by the Affiliated Distributors, Inc., William Nigh. Edwin Carewe Pictures Corpora- tion, Charles C. Burr, Kdwm Carewe, Albert Warner and Harry Warner, has progressed one lap In the Federal Courts. Justice Knox late last week de- cided that James Oliver Curwood, the author, is entitled to protection by injunction against the present use of the name and his authorship thereof, in connection with the pi«,*ture. Curwood is advertised as author of this, his latest .story, which in reality was pu!)lished under tlu^ title, "The Poetic Ju.stice of Uko ►San." in Outing in 1910. The Internatioml Film Co.. Inc.. ;tlso has a suit p<'n(ling on the p;iound 'I Am tho l.ow" is a pla- giarized version of Its "Valley of Silent Men" (yot unr•^leasod^ Curwood's rillegationH are that Mlthotigh ho S' Id the screen rights to "Uko San" for $1,000, "I Am the L.Tw" is really an ..nd.iptation of a former picture of his. "The River's lOnrl.' and the forthcoming "Valley of Silent Men," which ran as a serial in a magazine. The question of dam.Tges sought by Curwood against the defendants, togother with the allegation "I Am the Law" Infringes on his other storlPH, has been re.served for further con.<=«lderation by Judge Knox. The defendant's'contention that Curwood only sold the use of his name for $1,000 in connection with • a story to be elaborated by th*»m is dismissed by Judge Kncx to the effect: ". . . it does not seem probable that Curwood would risk his standing, prestige and reputa- tion as an author by the sale of his name for attachment to any picture that a purchaser might see fit to produce, and all this for $1,000. He is yet a young man—he has achieved succes.s—he has reason to hope for much more, and upon the evidence before nm I. am wholly unable to believe that he would jeopardize it all, and sell his birthright for a proverbial mess of pottage. . . ." Judgo Knox ha.s something inter- esting to say on what rights an author has in disi)osing of screen riKhls to a story that may bound future litigations cjf such type: "And now, as to what is acquired when one procures the rights to elaborate ui>on an original story. I'pon tlii.-«, much need not be- .**aid. I take it that wliile scenerj', action afid characters may be added to an original story, and even sui'plant subordinate portions thereof, there i.s an <jl>ligalit)n upon the elaborator to retain and give approi)riate ex- pression to the theme, thought and main action of that whicli was orig- inally written. The unqualified grant of this right is, I should .««ay. -fraught with danger to a writer of standing, particularly \<'hcn he iii- strts no i»rovisions for his approval of such elaboration as may be-ijiade, Xevertheless, elaboration of a story means .'Something other than/that the same should be di.scarded an<l Its title and authorship applied to a wholly dissimilar tale. . . ." Nnthan Rurkf^n represented Cur- wood. Boston, July 26. The picture situation in the New England territory is virtually sewed up to an extent where the product of but three releasing companies will be able to get any rental con- tracts. The companies are Para- mount, First National and Metro. The condition was brought about ^st week when William P. Gray and Nathan Gordon, who control the Gray chain of houses in Maine and New Hampshire, signgil a contract whereby they enter into a booking arrangement with the Black string of houses, which Famous Players has taken control of within the last two months. The agreement is for 10 years. In addition to the theatres either •eased or owned by the Gray cir- cu^, it controls the bookings of a number of others, a total of«iip- proximately 60 houses that the agreement will affect, with a tie-in with the Famous Players theatres in the territory, which number about 45. additionally. The possibility of an arrangement of this sort being reached between Gordon and Gray on one side and the Famous Players was reported in Variety three weeks ago. Gordon and Gray have in Maine the Colonial and Opera house, Au- gusta; Pastime and Cumberland, Brunswick; Strand, Opera house and Coliseum, Gardiner; Empire, Strand, Music Hall and Mystic, 1 Lcwi.slon: Dreamland, Livcrmbr* Falls; Rex. Norway; Opera houM and Majestic, Rumford. and Bijou, Wilton. New Hampshire: Albert and Princess, Berlin; Colonial, OIymi)lc, Scenic and PorlsmoutV. Portsmouth; Opera house, Gorhaii^ and Majestic, Burlington. Nathan Gordon alone has two houses in Bosfon and 11 otherii in Massachusetts and Connecticut!] Whether or not these are incluM] in the booking agreement is not now known. Gordon also holds the First National franchise in the New England territory. That the Metro pictures are to play the Famous Players houses marks an epoch in New England film history. It will be the first time the productions of this com- pany will have a look-in on the Fampus Players theatres. Under the Black regime Metro nerer played those theatres. In Bangor, where the Famoui Players control the Opera house, the parties to the new agreement tried to arrange for a pooling of interests with Charles Stern, whtj has the Bijou and Music hall the^ Stern refused to •enter into wtf agreement. There are_three housef in the Famous li«t they are golBl' to try to dispose of—the Qaineyil Quincy, Mass.; Rialto, Lawrences MasB., and Prlncoei, Brattleboro. Vt The Lawrence theatre was formerly the Opera hou»e, and is three fllghtl EXHIBITORS-PRODUCERS CONTRACT The uniform contract under negotiation between exhibitor bodies and the Producers and Distributors of America is ready for pub- lication except for minor details of phraseology. The two partlei to the agreement are in accord. Some delay was caused by » disagreement over two points, the more important being the iO- called "replacement charge" levied against any exhibitor who losei by theft or fire or who damages the print In his custody. The Producers and Distributors at first Insisted the old rate of eight cents a foot should be continued while the exhibitors held out for a division of the lo.ss, the exhibitor paying four cents a foot nad the producer and distributor making up the other four cents. The debate on the point hinged principally upon tho item of stolen film. Exhibitors sought to make the point that stolen films cost the exhibitor division a large sum of money, and the showmen stood ready to co-operate with the Hays organization to prevent losses in this direction. Stolen prints have cost the producers millions of dollars, not thrjUKh the value of the film, but from the fact that copyrighted pri)ductions were "duped" a id sold by the wholesale abroad. The wid«^si)rt'ad practice cut into the foreign rights value of American l)roduetions, and exhibitors argued that this lo.ss was thrown over on thoir *shouldors in higher r^^ntals. It is undorstood that among the first problems to be taken UP by Mr. Hays upon his return from the coast will be the organiza- tion of a vigilar.ce system to prevent thefts, and a campaign 10 Washin;,'ton to legislate through Congress, or negotiate through the Departmont of St;ite, for an international understanding fof the i)rotection of American film copyright in countries where there Is no convention In force. Mr. Hays' experience as postmaster- general has put him in intimate touch with the situation in inter- natio!,al copyright, and it is proposed to frame a system '-osi inblin^ the world-wide postal convention. In the absence of an international agreement «>n j>l(ture right* It has fretjuently been possilde f(»r film thieves to <lu|)0 and exhibi valuable pictures in foreign countries before tho scnenlnus in tne VnitiMl SlMte--^, but the process was so .slow and so much money was ti»<l up in i<lle production that it proved too costly to adopted generally. J 1 be