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Boxoffice-October.03.1966

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NATO CONVENTION<br />

Cont'd<br />

NATO TRIBUTE TO THE TRADEPRESS<br />

New York—A special tribute to the motion picture tradepress was<br />

given at the Thursday morning session of the National Ass'n of Theatre<br />

Owners convention here. The tribute read:<br />

"The National Ass'n of Theatre Owners salutes the motion picture<br />

industry tradepress whose news columns, reviews and advertising pages<br />

ore an essential communications link between exhibitors and producerdistributors<br />

by furnishing vital information on pictures, advertising and<br />

theatre<br />

operations.<br />

"NATO regrets the curtailment of tradepress advertising by the major<br />

distributors, which results in a decreased flow of merchandising information<br />

essential to theatres.<br />

"NATO beheves a strong and constructive tradepress is needed now<br />

Exhibition Investments or Mergers<br />

With Producers Advised by Aarons<br />

NEW YORK—The investment ol<br />

more than ever for the mutual benefit of producers, distributors and exhibitors."<br />

exhibilion<br />

dollars in stock, or outright merger ol<br />

exhibition interests in existing film production<br />

companies as a means of protecting<br />

the product source for theatres, was suggested<br />

to the National Ass'n of Theatre<br />

Owners convention here Thursday, September<br />

29, by Stuart H. Aarons, house counsel<br />

lo Stanley Warner Corp. and chairman of<br />

the NATO legal affairs committee.<br />

Pointing to the many so-called conglomerate<br />

mergers—mergers between companies in<br />

unrelated business—Aarons said the Departnieni<br />

of Justice appears to be throwing no<br />

roadblocks against such mergers, but rather<br />

is "directing its first against horizontal mergers,<br />

that is a merger of companies in the<br />

s:mie line of business, and vertical mergers,<br />

that is a merger between a supplier and customer.<br />

"Covetous eyes are being cast in the direction<br />

of film producing companies,"<br />

Aarons continued. "The skyrocketing value<br />

of television rights of motion pictures accounts<br />

in part for the attractiveness of film<br />

companies. We have seen such a conglomerate<br />

merger recently involving one of our<br />

oldest and largest producers. And it nearly<br />

happened in the case of another major supplier<br />

of our product. Despite all the promises<br />

and statements that nothing will be changed<br />

in the picture producing company, can we<br />

be sure that changes will not be made? After<br />

all, a new controlling interest without the<br />

adventurous, yes, gambling spirit, which is<br />

the essence of picture-making, might so curtail<br />

production activities to concentrate on<br />

the sure thing of selling the TV residuals that<br />

«e'll find ourselves without a source of supply<br />

of pictures. This would be disastrous."<br />

"The time." he continued, "is now to think<br />

what we exhibitors can do to assure continuance<br />

of our product sources, even to the<br />

extent of supporting and bolstering our existing<br />

producers. Sure, this has serious anti<br />

trust implications. But a merger between a<br />

.upplier and customer is not illegal, per se.<br />

We still have the test of reasonableness. And<br />

what is more reasonable than to seek to protect<br />

one's sources of supply?"<br />

Aarons pointed out that the big television<br />

networks have made deals with distributors<br />

lo produce feature pictures for free television,<br />

adding that the pictures would be<br />

shown first in theatres, not only for added<br />

revenue but also because of the belief that<br />

prior theatrical exhibition enhances the value<br />

i>f the film for free TV.<br />

"This anschluss of free TV and motion<br />

picture producers is likely to grow," Aarons<br />

warned. "Are we to be reduced to the status<br />

of relying on free TV as a source of our<br />

product? How humiliating! But. apart from<br />

humiliation, how can we take that chance?<br />

We are faced here with both a legal and<br />

business problem. Has not the time come<br />

for exhibition to throw a protective shield<br />

around its sources of supply? To speak<br />

plainly, I'm talking of merger with or substantial<br />

stock interests in production companies.<br />

There are many large aggregations<br />

of exhibitor capital, that have no decree<br />

limitations, and that can serve here. They<br />

serve primarily themselves, for if product<br />

shrinks all exhibition shrinks. Think about it.<br />

I can see nothing that transcends this problem<br />

in importance."<br />

Aarons outlined de\elopmenls in the pay<br />

television and community antenna television<br />

field,<br />

then turned to the problems of censorship<br />

with particular attention to the i;)allas<br />

lilm classification ordinance, asserting that:<br />

It doesn't take a soothsayer to predict that<br />

similar ordinances will spread like wildfire<br />

over the United States.<br />

"For this reason," he told the exhibitors.<br />

"it is my belief that exhibitors throughout<br />

the country should enthusiastically support<br />

the Motion Picture Ass'n in its present efforts<br />

to give authority, integrity, meaning<br />

and prestige to its code seal. If the seal attains<br />

such prestige, then the existence of that<br />

seal on motion pictures should serve as a<br />

potent argument to convince municipalities<br />

not to adopt the Dallas ordinance, or convince<br />

them to list as an exception from the<br />

classifications ordinance any motion picture<br />

which hears the seal of the Motion Picture<br />

Ass'n. I cite, in support of my position, the<br />

lact that the state of Texas' criminal statute<br />

applying to obscene motion pictures specifically<br />

excludes commercial motion pictures<br />

that have the production seal of the MPAA.<br />

Ilie MP.AA's seal has meaning and prestige<br />

:iiKi we should do everything we can to cnliance<br />

its standing."<br />

.Aarons decried the lack of action by the<br />

hisiice Department on the problem of blind<br />

biikiing and in other instances involving<br />

governmental action, noting that the government<br />

has not yet responded to the application<br />

of one of the consent decree exhibitors<br />

to loosen the acquisition clause and that<br />

I here had been no statement of findings in<br />

I lie Federal Trade Commission probe of<br />

compliance with the consent decrees.<br />

Catholics Laud MPAA<br />

For Code Revision<br />

NFW YORK.— Archbishop John J.<br />

Krol.<br />

chairman of the Catholic Bishop's Committee<br />

for Motion Pictures, last week applauded<br />

the Motion Picture Ass'n of America for its<br />

revised Production Code, then asked the induslr\<br />

to li\e up lo it.<br />

"Without rancor." the bishop's statement<br />

said, "we recall that other declarations have<br />

been made and as quickly forgotten by those<br />

who spoke them. And we must point out that<br />

the 19.S6 Motion Picture Production Code<br />

has been circunnenled. ignored, qualified<br />

and very often honored more in the breach<br />

than in the observance."<br />

"We take the Declaration and Code as<br />

the most solemn of pledges to the people of<br />

this country. We accept these as a contract<br />

with the American people into which<br />

MPA.A has entered — a contract imposing<br />

far higher obligations upon the industry than<br />

are implied from existing law concerning obscenity.<br />

"We look to those companies which are<br />

signatories to the Code," he continued, "to<br />

honor the Code through seeing that its requirements<br />

are applied to all films whose<br />

production and distribution they directly or<br />

indirectly control.<br />

"We wish the association, its<br />

subsidiaries the fullest<br />

members and<br />

me.isure of success in<br />

its new approach. We look lo a great induslr\<br />

to emphasize the best in its own great artistic<br />

tradition and to achieve higher levels<br />

of excellence. We appeal to the public to<br />

support the industry in its present good intentions<br />

and, to parents, in the exercise of<br />

their parental duties, to cooperate with local<br />

theatres to give voluntary advisory classification<br />

a real chance to work," the statement<br />

concluded.<br />

BOXOFFICE October 3, 1966

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