Boxoffice-October.01.1955

1
^i^e ofi/ie 7/M(c^n f/'c/wie /m/wi/?//
HE NATIONAL FILM WEEKLY
Publilheij in Ninr Sfctionll Edilioni
BEN
SHLYEN
"dilor-in-Chief and Publisher
10 M. MERSEREAU Associate
Publisher & Generol Monoge'
,ES M. JERAULD EditoiTHAN
COHEN. Executive Editor
iE SHLYEN Monoging Editor
FRAZE Field Editor
AN SPEAR Western Editor
L. THATCHER Equipment Editor
IS SCHLOZM AN . Business Mgr
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67
19 5 5
No. 23
A
KEYS TO HARMONY
rCREEMENT reached, at l.,r,g
last, nil a voluntary arbitration plan for the inilustrv
holds opportunity for the amicalde
setlliiu.i ol riuiny of the industry's most pernicious
internal pioLlenis. \X'ith the approval given the
plan hy the exhibitor and distributor committees,
who long have had it under consideration, the
way has been cleared for the subsequent steps
necessary to its implementation. These call for
approval by at least four participating exhibitor
organizations, the participating film distributing
companies, the Department of Justice and the
New York Federal District Court.
Action on the plan is expected at the Theatre
Owners of America convention at Los Angeles.
If favorable, which indications are that it will
be. the other important exhibitor groups are
seen to follow the ajiproving action already taken
by the Independent Theatre Owners of .New
^ ork. Allied States AssTi is the only exception,
refraining from participation, because its insistence
that film rentals be included as an
arbitrable subject had not been heeded. However,
individual .Allied members and unaffiliated
exhibitors may avail themselves of the use of
arbitration, if they so desire.
F"or the purpose of settling disputes as quickly
as possible, a conciliation |)lan has been incorporated
into the arbitration draft. It is hoped that
through conciliation many exhibitor-distributor
controversies can be settled without need even for
arbitration, let alone having to go to court.
This could very well prove a most important
factor, tending, as it would, to bring the disputants—exhibitor
and branch manager—together
in an endeavor to reconcile their points of
difference. It is conceivable that this might even
work to effect the so-called local autonomy for
branch heads, so often advocated by exhibitors.
It would seem incumbent on both jjarties to a
controversy to try to reach an understanding,
if only to avoid the costs that would be incurred
by resort to arbitration, small though they may
be. The availability of arbitration, however,
provides another avenue of approach to settlement
of the problem at hand.
U'hile film rentals, per se. are not included
among the arbitrable or conciliating subjects,
other points of controversy that have a direct
bearing thereon are admissable. These include
clearance, runs, competitive bidding and availability
of prints. .MI of these, sejiarately or combined,
affect the rental value of films. Making
possible adjudication of differences arising over
these buying and booking factors should go a
long way toward reducing much of the exhibitor
( iiiili'iilioii that liliii costs are disproportionate
to performance records.
The merits of arbitration haxe many limes
been cited throughout the \ears that it has bei-n
under cunsideratioii by this industry. There is
widespread belief in its principle and it is
being successfully applied by many industries;
its institution by the film industry has been
recommended by the judiciary and legislati\e
branches of the government as well as by industry
leaders. It needs but a chance to prove
itself, which it can and will do, if it is not
hampered by prejudice or unfair tactics.
I Remembering the debacle that occurred in
1912. resulting from disagreement over the
financing and apportionment of the sharing of
costs of the system then existent, it would be well
to settle these points fully before the new system
becomes operative. I
No one expects arbitration to be a panacea
a cure-all for the industry's ills. But it can be of
help to ease, if not eliminate, many of them.
[^roposed for a 12-months trial, the industry has
iiothiii"' to lose, perhaps, much to gain by accepting
it. if only on this basis, if it should fail
in its intended purpose, it can be dropped.
Meanwhile, exhibitors—who are the onlv ones
who may file claims with the arbitration boards
are not forced to do so; they are free to take
their trade disputes to court, if they so desire.
It may, however, be pointed out that court procedure
is a long, drawn-out, costly method. Conciliation,
where the problem is not too complex,
and arbitration, if required, are the easier.
quicker and far less costly keys to harmonious
trade relations.
Right You Are, Jack!
John Ford, who with Mervyn LeRoy shared
the credit for directing "Mister Roberts," Avhich
received the Boxoffice Blue Ribbon .Award for
July, sent us the following acknowledgement:
"There are awards and awards, but the
BoxOFFiCF. Award is certainly treasured by me
because it is what it says—Boxoffice. After all.
we are in the business and we want to keep it
going. / have found thai a good, clean American
picture that can shou' a little profit is the hr^t
means for keeping this great business aliv
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