Campaign REMEMBER? ARTHUR J. KING WM. R. SORENSEN JERRY NEUMANN Protestant Catholic Jew Ki/Ud April 7, 194} in Germany Killid Sept. 14, 1944 in France Killed April 194i in France They fought together for a better world. You can remember what they died for by giving what you can to American Brotherhood Week. Your money will help the work of spreading friendship and tolerance throughout the nation! ^|\/E Contributions may MO\A/ sir: ^^^^^m ^m : B ^H ^^^^^V ^V ^V ^^f^^ ^^ jjJI^H '^0< Broadway, ^H ^^f^^ ^g ^g New York 18, N. Y. SrONSORED BY THE MOTION PICTURE INDUSTRY IN BEHALF OF THE 1948 CAMPAIGN OF THE NATIONAL CONFERENCE OF CHRISTIANS AND JEWS FOR AMERICAN BROTHERHOOD WEEK {FEB.I This space contributed by this publication to a great C>
: February i COURT MAY TOSS OUT BIDDING. CAROLINA EXHIBITORS TOLD Herman Levy Predicates This View on United Opposition to Plan By J, CHARLOTTE, N. C.—Because all exhibitor organizations, some defendants in the antitrust suit and also the attorney general are opposed to competitive bidding, Herman Levy, general counsel of the TOA, strongly expects the supreme court to throw it out when it hands down a decision on the appeals. This was one of the highlights of his speech before the Tlieatre Owners of North and M. JERAULD South Carolina at their 36th annual convention here in the Hotel Charlotte. HAZARDOUS TO PREDICT He pointed out, however, that it was impossible to predict how the minds of judges not familiar with the business will react in a situation of this kind. In the Jackson Park case in Chicago, he said, the court had ruled in favor of competitive bidding, and the supreme court, which now has the appeals in the antitrust case before it. refused to hear an appeal. This was. In effect, approval of the plan. It might be. Levy said, that the supreme court judges had in mind that this problem would be settled by the all-industry case. Levy also suggested the possibility that the court might send the case back to the thi-eejudge court in New York for the purpose of permitting the litigants to work out a new consent decree. The three-judge court decree restricted competition rather than broadened it. he declared. "Whatever the decision, and of this you may be certain," he declared, "it will be more difficult for you to run your business after the decision is rendered than it is right now." The Jackson Park case, he said, is now the law of the land and its effects will spread. It not only approved competitive bidding: it also introduced limitation of runs and restricted double features under certain circumstances. WHO WILL FOOT THE BILL? "Because cases like the Jackson Park case appear, on paper, of benefit to exhibitors and of detriment to distributors," he continued, "they become a source of ecstatic pleasure, at least in certain quarters. The philosophy that what is good for exhibitors must be bad for distributors and, vice versa, is unsound and dangerous. Many times the Implications and ramifications of what appears to be a victory for exhibition in a particular case develops into a detriment for exhibition in general. "Who do you think foots the bill for litigation, running into millions annually? It is passed on to exhibitors. I am not asking exhibitors to forego litigation when it is necessary. Sometimes there is no alternative. There are. however, many wrongs, illnesses and problems on the sides of both exhibition and distribution, which cannot profitably be Attending the 36th annual convention of North and South Carolina Theatre Owners at Charlotte, February 1-3, are, left to right: Ted Gamble, president of Theatre Owners of America; Ben Strozier, retiring president of North and South Carolina Theatre Owners; Sam Shain, director of public relations, 20th-Fox, and Roy Smart, Carolina exhibitor. solved by litigation although litigation is resorted to. Yet never in the history of the industry have the representatives of both sides taken time off to sit down with a conscientious desire and effort, by conciliation and round-table discussion, to eliminate those obstacles, problems, wrongs and Illnesses which are possible of amicable adjustment. It is our hope that with the rendering of the decision in the supreme court, whatever that may be, exhibitor's effort to accomplish an open forum for the industry will meet with greater success than hitherto. Along that line lies a possibility of a better, more harmonious industry. Along the other line lies litigation, more litigation and still more litigation. The choice, it seems to me, is as simple as all that." Levy said the decision in the Washington state court ruling that Ascap had not complied with the requirements for registration of its copyright holdings did not settle anything. It is possible for Ascap to file a new list to properly comply with the law, to reassign to the copyi-ight owners their individual copyrights and to file individual suits for non-payment of fees. "Some good progress has been made in :v.;' Advanced Admissions Get Carolinas 'No' CHARLOTTE, N. C.—Lively discussion of advanced admission attractions featured the afternoon session of the second day of the 36th annual convention of the Theatre Owners of North and South Carolina. The opposition to the spread of this policy was unanimous. A resolution on the subject said "in thp opinion of this association the expansion of such a policy is not in keeping with the interest of the public cr the industry." The hope was expressed that "producers will refrain hereafter from enforcing such a policy." negotiations with Ascap," he said. "'Any compromise ultimately to be accepted for recommendation to our membership will have to be fair and reasonable for all theatres the kind of compromise that will make it unprofitable to pursue any other remedy. "While compromise, as already explained to you, appears to be the most realistic and practical approach, it will have to be a fair and reasonable compromise or we shall fight Ascap on all fronts with all weapons at our command." Robert W. Coyne, executive director of the TOA, was the first speaker on the formal program. He stirred applause by saying thar, the south had been the inspiration for both the ATA and TOA. He also stated that the negotiations with Ascap had delayed the imposition of new rates for five and one-halt months and that he hoped for a settlement that would please most exhibitors. SEE 185,000 16mm PROJECTORS In discussing the 16mnr problem, he said that before the war there were 40,000 16mm projectors. Last year, he said, there were 60,000 and now there are 100,000. Next year, he predicted, 185,000 projectors will be manufactured. "Are we justified In opposing this Industry?" he asked. "If it should start producing its own entertainment pictures, we would be justified. It would be competition. Our present problem is the spread of old pictu:-es into this field. We have received promises of cooperation from 20th-Fox and RKO. but have had no success with United World, subsidiary of Universal." The opening session of the two-day con- \'ention was attended by about 200 members. Snow and sleet all over the region held down attendance. George Carpenter was elected president to .=ucceed Ben L. Strozier. Walter Griffith reported the organization now has 418 members. Regional distributor and equipment representatives were present. Sam Shain. director of exhibitor and public relations for the 20th-Fox distribution department, attended, and David Palfreyman of Washington represented the MPAA. BOXOFnCE : 7, 1948 11
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