Variety (February 1925)

VARIETY LEGISLATIVE Wednesday, I^ebruaiy 4, 1925 MECHANXAL" MANUFACrURERS SCORED IN COPYRIGHT HEARINGS Nathan Burkan for Music Interesto Scathingly At- tacks Record and Roll InteresU — History of Victor Co. Recounted—Victor Paid 600 Per Cent Dividends on Common Stock—Excess Assets of $49,000,000 — Burkan Commended for His Legal Work Variety Bureau, Washington, Feb. S. With the re-openlng of the copy- rlfht hearing today Nathan Bur- kan, apeaklng for the Society of Composers, Authors and Publishers, launched an attack on the manufac- turers of all mechanical reproduc- ing Instruments. Burkan styled the present copyright law as an en- couragement to criminals and sighted the numerous recording companies which, when brought to an accounting under the two cent royalty claluae, went into bank- ruptcy and thus avoided pajrment. The lawyer further added there was no like condition anywhere within the laws of the country that would permit a violation of the law and not have it set down aa a criminal offense. Delving into the l^lstory of the Victor Talking Machine Co., Bur- kan stated that the moment the 1909 law was iiassed that organiza- tion began the formation of a mon- opoly <Hi singers and secured 98 per cent of the great voices who, under the law, were entitled to bar- gain with the recording concern for their aervlces but that the man who wrote the song for the singer to reproduce had his price set by law. The witness also charged that in the framing of the 1909 law the recording manufacturers had pulled the wool over'the eyes of Congress and that those whom Congress wished to protect from the possibil- ity of a musical monopoly had im- mediately created one of their own. History of Victor Co. Mr. Burkan carried the com- mittee through the history of the Victor Arm and their licensing pro- Tiaion in connection with needles, etc., up to the point where the Su- preme Court ruled this illegal. Here, a controversy was started by Con- gressman Reld, of Illinois, who stated he wanted to report out the Kewton bill which provides for the free use of copyrighted music by radio and theatres. Reid charged that the Supreme Court held that when a machine was purchased a buyer used it for whatever purpose he desired and that this also should iipply to music. Burkan read into the record where the Victor company had paid divi- dends as high as 600 per cent on (Continued on page 47) GERMANSAMEND ONE-ONE PLAN Fear of Shortage Respon- sible— Amendment in Favor of U. S. Films Variety Bureau. ♦ < Washington. Feb. I. Already, and within less than two weeks, Germany has amended her plan to have the censoring boards release one German produced film for each American one approved. Under the new regulatlona per- mits will be granted German ex- hibitors to show foreign Alms who can produce compensation permits for German pictures of equivalent length, produced in the present year or two preceding years, aixd cen- sored in the present or preceding year. Such compensation films must be exhibited before April, 1926, and must be new films, not adap- tions of pictures produced before 1923. Herring's Cable. In part, Mr. Herring'a cable atatea: "Plan thua allowa more than twice as many films to be shown aa German filma produced in a aingle year, or over 600. Local monopoly not likely in view of the quota. A lively demand for Ameri- can pictures from renters (exhibi- tors) now holding compensation permits. No provisions made for subsequent years." It is believed here that the Hays organization, in a great measure, la responsible for this change in the drastic regulations first adopted by the German Government. BOND ISSUE BILL FOR MKHIGAN FAIRS Boards Could Raise to $75,- 000—Passage of Measure Expected Lansing. Mlcb.. Feb. >. Boards of auperviaora would be empowdered to borrow money and iasue bonds for the erection of agri- cultural and fair buildings in Michi- gan under the provisions of a meas- ure which will be presented in the House of Rpresentatives here within the next ten days by Representative Chester L. Howell, of Sagniaw. secretary-treasurer of the Michigan Pair Association. The bin. now being drafted, amends the state ftct permitting boards of supervisors giving finan- cial aid to fair undertakings. The present limit is $20,000. Under the Howell bill, hoards can raise up to 176.000. The measure la the most Important affecting faira ever intorduced In Michigan. Heretofore, lands have been available, but it was impossible to raise money by bonding for erec- tion of buildings. Live stock men refused to house their exhibits in tentc and fUra were generally handi- capped. Passage of the measure is expected and the minute it has the governor's signature fair bodies throughout the state will start plans for fair ground building extenaiona. The bill has the backing of the Michigan Aasodatlon of Fairs. Lanaing. Mich.. Feb. S. ▲ bin has been preaented In the Houae of Representativea here which amenda the law giving town- •bips and cltiea the right to tax all place* Mllng «oft drinks and to exempt church fairs, lodge carnivals and American Legion eelebratlona or ahowa Soft drink atanda doing bualness under such auspices would be ex- empt from the tax heretofore re- quired In Michigan under the terma of the bill. Cooalderatlon of the bill win come when the urgent road tax leglalatlon la disposed of probably within tho next two weeks. PENN'S OUTDOOR ADS Propoaed Law Qives Sisn Conatruc- tion Stat* Juriadiotion Harriaburg, Pa., Feb. t. The only Pennsylvania SUte bill of intereat to the amuaement world tttat comea bofOra the 1926 atete session of the leglalatora la a bill- board measure aponaored by Sen- ator Clarence J. Buckman, Bucka county. Tbia proposed law places con- trol of blUboarda In the bands of the State Secretary of Highways. The bill makes it unlawfu' for anyone after Jan. 1, 1926, to erect a billboard without the approval of tho Secretary of Highways, who is given powers to make rules and fix foes. A fine of fSS Is provided for each billboard placed without that official's approval He is also given power to remove present boards. It Is believed here the bill will not proceed far because It gives the state official power over private property. INDIANA KILLS CENSOR BILL Elxpect Sunday Closing Measure to "Di^ In Committee" a Indianapolis, Feb. t. Motion picture censorship got real wallop in Indiana Jan. SO when the Indiana House of Repaesenta- tives, without a dissenting vote, adopted a committee report for In- definite postponement of the cenacr- ship bilL Thia killa the meaaure without further ada The action had been expected fol- lowing a meeting o; the public morale committee and a public hear- ing earlier in the weok which re- fused to endorse the bill. There is every indication that the bills providing for Sunday closing of theatrea and other amusement centres and prohibiting Sunday commercialized athletic contests will die a natural death on committee reporta. The public hearing upon the blue law bills was marked by the usual argument of reformers that the measures were needed to foster church attendance and the replies of the persons Interested in amuse- ments was that people cannot be legislated into churches. ARRIVALS Feb. 1 (Cherbourg to New York) Ramon Novarro, Mrs Earl Carroll. Vivian Martin and MUe. Germalne Tailleffre (France). I SAIUHGS Feb. 20 (London to New York), Mr. and Mrs. Dell Chain, Fred Ou- prez (Republic). Feb. 7 (New York to Southamp- ton) Monroe M. Goldstein (Beren- garla). Feb. 7 (New York to London). Sterling Saxophone Four (Beren- garla). Feb. 4 (London to New York), Basil Dean (Olympic). Feb. 2 (New York to London) Marlon and Martiner Randall (Ber- engaria). Jan. 29 (New YorK to Cadiz) Mr. and Mrs. John Tiller. P. Ray Com- •tock and Mr. and Mrs Fres Scfaaef- far (Scythla). More Upshaw Opposition Washington, Feb. I. The National Committee for Better Films, affiliated with the National Board of Review of Motion Pictures, has advised Congress of its action in adopting a resolution setting forth its position as being opposed to the censoring of films. The resolution was sent to Florian Lam pert, who presented it to the lower legislative body in the form of a "petition." This is but one of the avalanche of resolutions and signed petitions that have reached Congress In op- position to the Upshaw proposal for censorship of the movies. WILL USE POU LEASE AS WHIP IN BUILDING PROGRAM Measure Due Before Senate—Senator Caraway Would Stop "PresenU"—Realtors Estimate Thea- tre Worth $100 Per Sq,, Ft—Paying $5,000 Annual Rent BLUE-LAWERS' MOSTDRASnC EFFORT Annual Bill at Albany Would Close Everything flO Albany, N. Y.. Feb. 3. The annual *l>luo Sunday" bill of the Lord's Day Alliance made Its appearance in the New York State Legislature last week. The measure >-ia«| was Introduced in ths Lo^er Houae > ^ by Assemblyman Edmund B. Jenke, ■s^'^-' Republican, of Broome county. . ,^^ Veteran legislative observers term :. i It the- most drastic "blue Sunday" ■ i^it^ bill 9ver introduced. ''^i^ The bin proposes a legislative '"^l change in the penal code which ^^^ would close up everything on Sun- ,,^! day except churches and private ,^ j homes, \,] Theatricals would be hardest bit *^"^ as a clause In the bill stipulates that from midiliight Saturday to mid- night Sunday the following amuse- ments would be prohibited: motion picture performances, all concerts, garages, barber shops, hairdress- ers' shop, golf links, tennis courts or baseball parks, where a fee la charged or attendanta are employed, public debates and all placea o£ dancing where a fee la paid either directly or Indirectly. The general opinion la that tho bill haa little chance, even with the top-heavy Republican majority In both houses of the legislature. The bill probably will die in committee, the fate it meets year afte* year. \if>. PENN. GOV. ASKS BOOST OF CENSORS' BUDGET Recommends Additional $24,- 400 Appropriation—^Wouid Have More Investigators Harriaburg, Pa., Feb. I. Governor Pinchot, In hia Stat* budget to the Leglalature, recom- mends an appropriation of I1S4.400 for tho State Board of Motion Pic<< tore Censors, an increase of 124,400 over tho appropriation of lf2S for the biennial period of Uat-26. Tho Pennsylvania Legialatnro meets bat once In two years. The proposed ai>proprlatlon pro^ video for additional Inapectora, for, under the oeonomy plan of tho governor daring the paat two years^ tho number of Inspectors haJl boon reduced from IS to six. ■4 ^bt jHMr IMS ^▼▼▼\ ]l WILLIAM MORRIS i: AOKNCT ore. tW ss s i BMg., I4ts Br«a«way, Hew Terh liaekawaBiia tt^O-l IflE TILLER SCmOLS OF DANCING 148 Charing Croaa Road LONDON L Diractor, JOHN TILLER pi Little Hope for Federal Control of Child Labor Variety Bureafu, Washl-.-Fton, Feb. S. The proposed amendment to the Constitution placing Federal con- trol of the employment of child labor, which Senator Shortrldge of California has sponsored, is seem- ingly lost Enough States having voted to reject the amendment to present Its ratification this winter. Those working with Senator Shortrldge have stated that the re- Jeclon of the amendment by the several states will not cause them to abate their efforts to have it Anally ratlfled. Those states reject- ing the idea will now have special educational committees and as Con- gress has set no time limit upon Its final ratification, those backing the measure state that it will yet be adopted. As to how this proposal etCecta atage children waa recently ex- plained In Variety. Variety Bureau, Waahlngton. Fob. t. The opening gun ttaa been fired by Senator T. H. Carraway (D) of Arkanaaa. and when the 1150,000,000 building program reaches the Sen- ate, possibly tomorrotH (Wednesday) or Thursday, that body Is going to be told of the now famous Poll lease, a leaao of a government owned theatre on government owned property that la bringing a return of but S6,00« a year to the government. Recently when this building pro- gram waa being dlscuaaed In the Senate Senator Caraway aaid: "The government here has valu- able property that It Is leasing for almost nothinar and taking care of somebody In igome way. Why not recover those , buildings? For in- stance, the government has prop- erty Just ea#t of the Treasury which is not paying a sufficient re- turn to pay fo^ the painting of the buildings, and i.we need the build- ings for goveitnmental purposes." (Poll's is Just eajt of the Treasury). That it la Setiator Caraway's In- tention to use this lease and some other auch "presenta," aa the the- (CoBtlnuo^ on page 5) CENSOR FIGHT Kansaa State Legislature Has Bill to RepesI Bosrd Activities .Kansaa City, Feb. t. The fight to aboliah tho picture board of censors In Kansaa has startled in the Houae of Repreaen- tatlves. A bill has been Introduced by the representative from Leaven- worth to repeal all sections of the statutes relating to the operations of the board. A strong flgl t, how- ever, will be made against the bill in order to preserve the present atatus of the board. Rhode Ishlnd's BiU For Sunday Pictured Providence, Feb. S. ▲ bin legalizing the Sunday ex- hibition of motion picturea through- out the State la considered certain to be Introduced in the House of Representativea some time this week. Providence at present has the lid down hard on Sunday shows, except high-brow concerts, and tSie only way out seems to be a State law permitting Sabbath exhibiting. It is understood that Governor Pothter and other Republicans, who control both houses of the Asaem- bly, are now prepared to back auch a meaaure. For many yeara the public here haa favored Sunday movies and there has never been any serious objection. Madame Kiviat, designer with Brookes-Mahieu, the theatrical cos- tumers, has left the costume firm and will enter the wholesale dress buslnesa. A Message from Shore or Ship will guarantee a Room at THE PICCADILLY WHERE ALL THE SHOW FOLK STOP Cable Address: PIQUDILLO, LONDON 1