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Boxoffice-October.27.1951

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Republic Will Appeal<br />

Roy Rogers TV Ruling<br />

HOLLYWOOD—With a formal decision due<br />

to be entered within the next few days, all<br />

indications were that Republic would immediately<br />

file an appeal in the precedential federal<br />

district court suit whereby Judge Pierson<br />

M. Hall ruled in favor of cowboy star Roy<br />

Rogers in his action to prevent the studio<br />

from selling and/or leasing Rogers starrers<br />

to television.<br />

Judge Hall was expected to enter his formal<br />

decision after attorneys for Rogers have submitted<br />

their findings of fact and conclusions<br />

of law. Meantime Republic has made no official<br />

comment beyond the declaration by one<br />

legalite that an appeal will be filed.<br />

Rogers was granted an injunction preventing<br />

Republic from disposing to video of any<br />

pictures made by the sagebrusher while he<br />

was under contract to the valley studio. In<br />

his ruling, Judge Hall upheld the actor's<br />

contention that he has "the right to control<br />

any commercial sponsorship or any advertising,<br />

commercial or publicity purposes to<br />

which his name, voice or likeness is attached<br />

for other than the motion pictures which<br />

Republic has already made."<br />

The verdict was based upon the court's interpretation<br />

of a term contract entered into<br />

between Rogers and Republic in 1937 and subsequently<br />

amended, and a new contract<br />

signed in 1948. Judge Hall opined that even<br />

if the Rogers films were to be telecast on a<br />

sustaining basis, it would be considered a<br />

"commercial u.se," and his ruling thus, in effect,<br />

prohibits the dating of Rogers westerns<br />

for any type of TV programming.<br />

The decision was regarded by the Screen<br />

Actors Guild as being of "great interest to<br />

all motion picture actors." The SAG's executive<br />

secretary, John Dales jr., commented that<br />

"a prime goal" of the organization is to "stop<br />

any theatrical pictures from being released<br />

on television without suitable, fair arrangements<br />

with the actors." To that end, the<br />

SAG recently served notice on Lippert Productions<br />

that its contract with that company<br />

is being canceled on the grounds that Lippert<br />

sold several films made after Aug. 1,<br />

1948, to video stations, although the SAG<br />

requires that "satisfactory" additional payment<br />

must be made to the actors involved in<br />

the event that pictures made after that date<br />

are acquired for telecasting.<br />

Although Rogers was granted his injunction,<br />

the court denied damages asked by the<br />

western star, who alleged Republic's plans to<br />

sell and/or lease his films to TV had hindered<br />

finalization of Rogers' plans to enter<br />

video production on his own. Rogers additionally<br />

had claimed Quaker Oats canceled<br />

his radio show, and sought damages of $100,-<br />

000. Judge Hall opined, however, that the<br />

evidence in this regard was "nebulous and<br />

uncertain."<br />

Rogers has now embarked on a series of<br />

30-minute TV programs starring himself under<br />

sponsorship of General Foods.<br />

Audrey Hepburn Is Signed<br />

From Stage by Paramount<br />

NEW YORK—Audrey Hepburn, young European<br />

actress who is rehearsing for her<br />

Broadway stage debut in Gilbert Miller's<br />

production of "Gigi" in November, has been<br />

signed to a long-term contract by Paramount<br />

to start following the New York run of the<br />

play. Miss Hepburn, who was born in Brussels,<br />

recently played in both the French and<br />

British versions of the picture, "Baby Beats<br />

the Band" and "The Lavender Hill Mob."<br />

M-G-M TRADE SHOW- NOV. 8th

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