Variety (May 1923)

• -;: »tmt; 4 . r# ;=i:::::: esses :t:::t: c;s: t :3t:suft|Cy^:^p: ^ T^ft* X* : J5 = " = = s 5 " ; ' * fiH i-mi m » i * -.»«■-••----. ■ - - . i i ; - i DOUBTFUL OF STAGE PLAY TITLE; MAYER TRYING DOUBLE TITLES Revolution in Picture Making Theory—New Title for Picture to Be Equally Displayed in Type on Billing With Name of Stage Hit—"Famous Mrs. Fair," Mayer's Example WARNERS' EXCHANGE DEAL WITH KOHN When Louis B. Mayer finishes •Captain Applejack," now being di- rected by Fred NH>ld, it is possible a new titlfc will be added to the name of the stage play. It Is said the title may read something like this when ready for billing, topped of course with the Mayer and Niblo mention: "Blood Will Tell, the screen adaptation of the famous stage success, Captain Applejack," with the two titles receiving about equally prominent display. If*carried out It will mark al- most a revolution in the trend of pictures. Film producers have proceeded along for years on the theory that a stage hit is the best asset for a feature through its gen- erally spread fame as a speaking stage success, with the title looked upon as a certain draw and the story of sufficient Interest through the play's long run. Mayer is reported to have de- cided that is not the case, basing his conclusions upon the Mayer lately produced feature, Niblo-di- rected, "The Famous Mrs. Fair." At the Capitol, New York, last week It did $38,000, not considered ex- ceptional and the title % was sus- pected of having held back the draw, despite it was the same name of the Henry Miller hit with a long run on Broadway. "Backbone," at the Capitol this week, a picture that fails to touch the "Fair" film in any .particular, was running ahead of last week up to Wednesday. -Mayer is said to have paid $52,000 for the picture rights to "The Fa- mous Mrs. Fair" and $55,000 for the rights to "Captain Applejack." GOLDWYN FILES ANSWER The Goldwyn Pictures Corp. and the Goldwyn Distributing Corp., both of which are named defendants by Rigo Hart in a suit involving the* rights to "Theodora" in this coun- try, have filed answer through Nathan Burkan. Hart contends he was given the picture rights to Victorien Sardou's "Theodora" through Fanny Davenport, who held a contract for the exclusive dramatic rights to the piece in this country. He is ajfking for an ac- counting from Goldwyn on the picture they released bearing the title of "Theodora," and also for damages. The Goldwyn corporations hold they acquired the rights to the pic- ture from an Italian producing or- ganization which had obtained the rights from the heirs of Sardou and that they had a perfect right to dis- tribute the picture. At the time the rights for the American production were invested in Fanny Davenport, more than 25 years ago, when mo- tion pictures were not Jn the field and consequently no screen rights were part of the agreement with the stage star. New York Exchange, Buffalo Exchange and Jersey Fran- chise Involved Warner Bros, have entered Into a deal with Morris Kohn, former president of Realart, by which Kohn and Charles Goetz, present exchange manager for the Warners, take over the New York and Buffalo exchange, now owned by the Warners and op- erate them and in addition assume the Warner distribution franchise for New Jersey. It is reported this deal which in- volves several million dollars, calls for a large payment in cash and it takes the place of the bank loans which the Warners were negotiating to care for the financing of an elab- orate producing schedule for next season. The trade at one time un- ity an. Harry Warner of the firm left New York late last week for Cali- fornia. .«.« « ,,»,. px ♦ •*««»Thinsday, May 8, 1928 FORMER FAMOUS PLAYERS MEN TELL OF BEING EDGED OUT 9 Sherry Qualifies as Champion Job—Was Largest Stockholder, Now Broke—Goldwyn on Stands- Rowland Testifies to First .Nafl Pact BUSHMAN AND BAYNE BOOKED Bushman andJBayne are the first of which he was a director and now important hooking of Loew's book-] without resources, -qualified as the lng office. The former picture stars, who have been playing for the Keith Circuit, win open at Loew's State, Cleveland, this month. They will be co-hooked with the feature pic- ture "Modern Marriage." Bushman and Baype will Jump from Cleve- land to the coast to play four addi- tional weeks. The sketch will in- clude a cast of six people. The A. B. C. has bought the New York territory first run rights,, for the Bushman and Bayne picture, "A Modern Marriage" and will play It An member houses week of June 3. This Is the third A. B. C. out- right buy booking of the exhibitor syndicate, the other two being "Tess" and "The Ninety and Nine." The new picture Is handled by derstood that the finance negotia- tiona were conducted with Allen ,AmerIcan Releasin *- xt waB mftde none were conaucteu witn Alien fpQm |he novel . <Lia< j y varley" by- Derek Vane and is directed by Lawrence Windom, under the su- pervision of Whitman Bennett. DAMAGES FOR DISTRIBUTION Los Angeles, May 2. The Affiliated Enterprises, Inc., has asked the courts for an Injunc- tion and $150,000 damages against A. B. Maescher or the Common- wealth Film Co. to prevent it from distributing "Night Life In Holly- wood." Claims it has* the sole dis- tribution rights fo the picture." BROADCASTING ASSN. FORMED TO FIGHT MUSIC PUBLISHERS Representative of American Society Addresses 60 Broadcasters in Chicago—P. M. A. Also Repre- sented—Matter of Copyrighted M'isic William L. Sherry, once the larg. est stockholder In famous Players, /i ' TRADE COMMISSION ARRAIGNS • EASTMAN AS COERCIVE TRUST Complaint Filed Alleged Kodak Co. and Allied Labs. Control Raw Stock Market—Brulatour Named Also—Eastman Sells 94% of U. S. Washington, May 2. In the midst of the hearings in New York City of the charges filed against the Famous Players-Lasky Corporation by the Federal Trade Commission the Commission on Monday issued a formal complaint against the Eastman Kodak Com- pany and its allied interests, which includes the Allied Laboratories, Inc. The Commission charges that , the Eastman company through con- spiracy In conjunction with Jules E. Brulatour endeavored to re- strain competition in the manufac- ture of cinematograph films and in the sale thereof in Interstate and foreign commerce and to control, "dominate, monopolize or attempt to monopolize the manufacture and sale of such film throughout the United States," Those jointly charged in the com- plaint are, in addition to the East- man Kodak Company and Julfs E. Brulatour, Allied Laboratories Inc., The Burton Holmes Lectures, Inc., The Craftsmen Film Company, Inc., Kineto Company of America, Inc., Erbograph Company, Cromlow Film Laboratories, Inc., Palisades Film Laboratories, Inc., Claremont Film Laboratory, Inc., Film Developing Corporation, Evans Film Manufac- turing Company, Inc., Republic Laboratories. Inc., Lyman II. Howe Film Company, Rex Laboratory, Inc., Tremont Film Laboratories, Inc., Mark Ditenfass, and Oorge Eastman, President of the Eastman Company. The Eastman Kodak Co., the com- plaint states, is the largest manu- facturer of cimematograph film in the world, and up to March, 1920, manufactured and sold approxi- mately 94 per cent of all the cine- matograph film used in the United States and manufactured and sold approximately 96 per cent, of all the cinematograph film produced in the United States. During the period from March 1920, and September, 1921, due to competition, by Ameri- can importers of this material man- ufactured in foreign countries, the sale of cinematograph film by the Eastman Company decreased to ap- proximately 81 per cent, of the total sales of such film in this country. Jules E. Brulatour, it is "Stated in the complaint, was caused to erect by Eastman at Long Island City, during the latter part of 1919. a manufacturing laboratory, known as the G. M. Laboratories, equipped for the manufacture of positive prints from motion picture nega- tives. Shortly thereafter, Brulatour was caused by the same company to construct or have constructed a second laboratory for the purpose of manufacture of prints from mo- tion picture at Fort Lee, New- Jersey, known as the San-Jacq Laboratories. Jules Brulatour is named as the principal stockholder In Paragon, Inc., a manufacturer of prints from motion pictures located also at Fort Lee, New Jersey and it Is alleged the concern was controlled by the Eastman Co. The, Eastman Co. caused Brulatour to operate the three companies as separate and distinct business enterprises with- out disclosing the true ownership thereof or disclosing the fact that these companies were controlled )>> (Continued on page 45) Chicago, May 2. The National Broadcaster Asso- ciation was formed here at a meet- ing held at the Drake Hotel. About CO representatives of the various radio interests were present. The purpose of the association Is to fight for a reinstatement of popu- lar numbers and jazz n: lodies to their concert programs, despite that the American Society of Authors, Composers and Publishers denies them that right as far as the com- positions of its membership are concerned without the payment of a license fee. Jules Rosenthal, of the American Society, was here and addressed the meeting for about two hours on the claims of the society and then asked those present to Interrogate him on any questions ^they were In doubt about. They refused to ques- tion and informed him" they would advise him later of whatever de- cision they came to in the matter. The meeting was held at Station WDAP, which Is at the Drake Ho- tel. It was behind closed doors. Only those vitally interested in the proceedings were permitted en- trance. W. Kirkland, attorney for the Chicago "Tribune," was en- gaged by William Klein, of New York, attorney for the Producing Managers' association, to repre- sent them at the meeting and to enter a protest in the event that the radio people got to a point where they were contemplating an arrangement with the American Society. The CO representatives of the radio interests were from 12 dif- ferent broadoasting stations. Thorne Donnelly of WDAP was elected temporary president of the associa- tion; Powell Crosley of WLW, Cin- cinnati, secretary, and E. F. Mc- Donald, Jr., Chicago Radio Labora- tory, treasurer. Charles E. Erbstein of WTAS volunteered to act' as Its attorney and announced that the National Association was ready to do battle to the American Society and if necessary to carry their fight to the United States Supreme Court. Erbsteln's contention Is that the broadcasters will be victorious be- cause they do not collect from tho?e listen In at their concerts and that In reality they are giving the authors, composers and publishers free advertising. In turn Mr. Ro- senthal says that the members of his organization do not care for that particular form of advertising and stand ready to pay for the ad- vertising that they do want. Lately the broadcasting stations in the neighborhood -of Chicago have been using anything but pop- ular numbers and on the occasion when they did slip one of the popu- lar hits of the day over which was the work of one of the members of the A.S.A.C.&P. they refrained from announcing the station giving it. On the day following the meet- ing at the Drake, Mr. Rosenthal held a meeting of the. local publish- ers' representatives at the Hotel Sheiman here at which he advised them to try to check up on which Of the radio broadcasting stations In this vicinity were using their copyrighted numbers. Robert Charles Bates, as«head of the Associated Independent Music Publishers, Chicago, is lining up the various independent publishers not members of the American Society. The organization Is endorsed by the Radio Broadcasters of America, and will assist in popularizing and "plugging" worthy compositions via the ether.* McKENZIE'S "TIPPED OFF" San Francisco, May 2. "Tipped Off" the initial picture of Kenmat Productions of which Harry A. McKenzie, San Francisco at- torney, is president, is now com- pleted, being edited and titled for pre-view in New York. William Matthews, production manager, says the film will be ready in a few days. The story Is a screen version of an original "Scarley Shadows" by Frederick Reel, Jr. Its cast includes Noah Beery, Tom Santschl, Arline Pretty, Harold Miller, Zella Gray, Stuart Holmes and Bessie Wong. Giblyn Directing for Bennett Charles Giblyn, the director, has been placed under contract by Whitman Bennett to produce at the Bennett Studios in Yonkers,,N. Y. will start work on a picture He within the next few wteks. hard luck champion of the Famous Players' "alumni" In yeaterday'a hearing of the Federal Trade Com* mission's charges of unfair prac- tices. His testimony came or. top of : Samuel Goldwyn's recital of the cir- cumstances of his b£ing ousted from the company and the more or less parallel histories of W. W'. Hodkin- son, W. E. Greene and Al LIchtman. The government seemed to seek to establish that from the beg'.rning Adolph Zukor had continued to tighten his grip on the company. The only important witness out- side of former Famous Players men was Richard A. Rowland, now of First National, who testified that First National had entered into ' some sort of working agreement with S. A. Lynch In the South. This deal had been accomplished -^four or five months ago," or about the time Famous Players took over the Lynch properties. The details of the agreement did not come out. Other testimony mimed to show that independent a producers had difficulty in getting showings for high-class product owing to the control of first-run houses by the leading companies, principally Fa- mous Players. The witnesses ap- peared to agree that the leading companies put over the most con- sistent line of quality pictures, but ' it was hard to form an opinion whether the low quality indepen- dents was the cause or effect of theatre control by the big concerns. Previous witnesses had told how Sherry, Steele and the other orig- ? inal territorial men and producers * had voted Hodkinson and Goldwyn out of the board. Sherry's testi- mony yesterday went into the way the same treatment wa» dealt to him. Sherry was the original hold- er of the New ,York exchange of Paramount. He and the others stood a half interest to Zukor and Lasky. Subsequently, Sherry agreed to turn over his territory In return for an agreement calling for a salary of $1,000 a week and 2 per cent, of the New York profits, and payment of a certain amount of stock. This contract was never signed, although Sherry got the stock. He remained in charge of the New York exchange for a time and then was transferred to head of the Par* amount purchasing department much against his wishes, being suc- ceeded in the exchange by Arthur White, his former subordinate. As exchange manager his salary was 1250 a week. In that capacity he had had disagreements with Zukor on the proposition, he said, that adjustments should be made with exhibitors who had been oversold. Sherry didn't care for tie new job and constantly sought to have the original contract executed but without result. Sherry had bought the New York rights to the Geraldine Farrar. pic- ture, "Joan the Woman." for* $125,- 000, putting up his' Famous Players stock as collateral for a bank loan of $100,000, and borrowing $25,000 on an unsecured note from -Zukor. This enterprise made him even more anxious to be back i'i the exchange end, but Zukor advised him to take a long rest and return when some- thing would be found for him to do. Before Sherry could rea.ize on "Joan," Famous Players ceased to pay dividends for a time, resulting In depriving him of inborn*, and compelling him to sacrifice his Fa- mous Players stock. About a year and a half r.go Sherry said he was broke and ap- plied to Zikor for a loan. He was given $1"),000 by Zukor and Famous Players on notes, and signed a waiver of all claims against Zukor. Famous Players and the Cardinal Film Co., milker of "Joan." This sum ho still owed. Two other witnesses were **- •mined yesterday, John w. Quinn, general manager of YJtagraph, an* 1 Samuel Morris, general manager of Warner Brothers, but their ques- tioning was featureless. There was (Continued on page 45) •