PONDERS TAFT-HARTLEY WAL

i;
ridf
1 if
hat
Sipi'eme Court Rules
U.S. Suit Charges Ascap
Lo Acl Is Valid
VkSniNGTON—By a 5 to 3 ruling the
jupmi' court this week held that the Lea
»ct '01 ;,'ress aimed at James C. Petrillo and With a Music Monopoly
hlskFt. American Federation of Musicians
ll cislitutional. While holding the act con-
M
iotial the court did not rule on a spe-
I
ch.irge that Petrillo violated it. It -sent
Ifl
le nsi- back to the federal district court to
e question.
P rillo. musicians union "czar," was ac-
violating the act, soon after its pas-
1(1 ^t year, by trying to force Chicago
s;ation WAAF to hire three additional
d librarians.
WAAF said the extra emiols
were not needed. The charge of "co-
" involved withdrawal of three regurmployed
musicians and picketing of
ifttaiion. The district court ruled the act
..nstitutional and the government ap-
:[>d directly to the supreme court.
Jstire Black delivered the court's finding
the law itself is within the constitution.
,ii
»n pcrtion of the finding was that the act
jplied to Petrillo plainly does not violate
amendment against slavery and in-
_j(i3tli
rohtary servitude.
Eic Johnston to Speak
A SMPE October Meet
I ISW YORK—Eric Johnston will be a
^ipJker at the opening luncheon of the
Si'E 62nd semiannual convention to be
jhe^ October 20-24 at the Hotel Pennsylvania,
ihnston replied to the invitation by sayuthat
the society "is performing a worth-
*e ."service in sponsoring a Theatre Engie-lng
Conference." This will be a feature
the fall meeting.
pie motion picture theatre has been a
lieer in developing many of the features
ImoderH building design with which we
ue become so familiar in recent years,"
mston wrote. "It has been a leader in
^use of new materials in building conb.ction;
of air conditioning, of acoustical
rvtment, of scientific lighting, and of inlijierable
advances in providing for the
tatty and comfort of its patrons.
in many ways the growth and develop-
J^it of the modern theatre has been reipnsible
for the healthy progress of the
^iern motion picture industry. This der^pment
is about to take on new momenta.
It offers a great field for the improvetOjit
and expansion of our business—right
iufi in our own country."
,j,|^aim 11,250 Theatres Now
^*^ing Advertising Films
fEW YORK—There are 11,250 theatres
s. fjD'f accepting advertising films, according
;a three-year study just completed by the
"Wvle Advertising Bureau. The bureau is
Wt aUia'ed with the Motion Picture Advertis-
*
It] Service. New Orleans, and the United
Fai Advertising Service, Kansas City, ad-
'•
vtising film producers and screen "space
b.er ." which sponsored the study at a
etc; $100,000.
;ur ey data recorded on International
E.Mr, ss Machine cards, includes the fol-
Icin. information: number of theatres in
a:or;.munity, theatres showing advertising
fns. location of theatres with reference to
itlal and business areas and seating
'"
c)ac ty.
rhi.s information will be available to ad-
^rtlsiTs and advertising agencies intereed
in using theatre screens.
WASHINGTON— Action which may have
a far-reaching effect on making a wealth of
hitherto unavailable foreign musical compositions
accessible to the motion picture industry
occurred this week when the Department"
of Justice filed a civil suit charging the
American Society of Composers, Authors and
Publishers with engaging in a worldwide con-
.spiracy to monopolize musical performing
rights in violation of the antitrust law.s.
The complaint alleges that Ascap joined
with 25 foreign musical societies in exclusively
cross-licensing each other to the end
thatthe playing of the world's music was restricted
to themselves and their licensees.
Asst. Atty. Gen. John F. Sonnett, head of
the Justice department's antitrust division,
filed the suit in the southern district of New
York (Manhattan).
ASCAP QUITS INTERNATIONAL
The filing of the Department of Justice's
suit coincided with Ascap resigning its membership
in the International Confederation
of Authors and Composers Societies, which
opened its second postwar convention in London.
Deems Taylor, Ascap president, is attending
the convention and was notified of
the suit by cable. Other Ascap officials in
London for the sessions are Oscar Hammerstein
II, vice-president; Herman Finkelstein,
resident counsel; Rudolph Nissim and Richard
Murray.
Sonnett said Ascap had engaged in a conspiracy
with La Confederation Internationale
des Societies d'Auteurs et Compositeurs, in
Paris, of which the American organization
is a member. "This worldwide combination
has acquired a virtual monopoly of performing
rights to practically all of the world's
musical compositions not in the public domain.
This includes most of the popular, as
well as symphonic music which is today
played over the radio, at theatres and in other
places of entertainment," he said.
FOR WIDER DISSEMINATION
Atty. Gen. Tom Clark in a statement released
by Sonnett said that the alleged cartel
had prevented thousands of American
commercial users from "getting music from
abroad, except through Ascap, and has hmdered
composers and authors of music in the
United States, who are not members of
Ascap, from getting their music played
abroad."
The attorney general emphasized that the
complaint did not question the right of authors,
composers and publishers to band together
for the joint protection of performing
rights. "Nor does it in any way," he continued,
"seek to hamper the legitimate ac-
'Nickleby/
'Thunderbolt'
Honored by Review Board
NEW YORK—"Nicholas Nickleby." a J.
Arthur Rank production released by Universal-International,
and "Thunderbolt," a 44-
minute army air forces film released by
Monogram, have been given starred selected
features rating, the top honor of the National
Board of Review, in the weekly guide to
selected features.
Selected features rating has been awarded
to "Fiesta" (MGM), "High Conquest" (Monogram),
and "Possessed" (WB).
tivities of musical performing rights soccieties
such as Ascap.
"On the contrary, the suit aims to increase
the opportunities for the performance of the
musical compositions of authors and composers
and to make pos.sible a wider dissemination
of American musical compositions
abroad."
Sonnett said the government asks from the
court a directive requiring Ascap "to withdraw
from membership in illegal foreign societies."
The government further asks that
A.scap be enjoined from accepting music
rights in the United States from any foreign
society that refuses to make its music available
to other societies here.
The Justice department said Ascap's
foreign connections were in Argentina, Australia,
Austria, Belgium, Brazil, Bulgaria,
Canada, Cuba, Czechoslovakia, Denmark,
England, France, Finland, Germany, Holland,
Hungary, Italy, Norway, Portugal, Romania,
Spain, Sweden, Switzerland, Uruguay and
Yugoslavia.
New Authors, Composers Group
To Ban Location License Fee
DETROIT—Organization of a new music
writers and publishers organization that will
ban a location license fee—In sharp distinc-
well
tion to the present practice of Ascap— is
under way, under the banner of the American
Federation of Authors and Publishers,
Inc. (Afapi. The new group now includes
138 writers and four publishers, acordlng to
Robert Seibert of Detroit, who was elected
president on May 15, and is taking over active
direction.
The body was incorporated In Massachusetts
in February as a nonprofit organization,
but is at present being directed from
Detroit—which was. Incidentally, the home
town of Gene Buck, long the top figure in
Ascap, as well as the scene of the sudden
death of its general manager, John G. Paine
a few weeks ago.
The new group will issue licenses gratis to
locations, and to entertainment units, and
draw income for its members from royalties
only. Seibert said.
While the question of motion picture fees
has not been specifically worked out, the
present policy indicates that Afap will work
on the objective of a royalty fee from the
producer and make no attempt to Impose a
seat tax. Simplified accounting and overhead
and improved public relations are
among the benefits seen in this deviation
from the present Ascap operating pattern.
Simpex Sues Export Firm
On UA Foreign Rights
NEW YORK—The Simpex Co., Inc., has
brought suit against U. S. Film Export Corp.
and United Artists for $65,000 alleging that
Jacques Grinieff, head of the export firm,
.sold the company the exclusive foreign rights
to "Hi Diddle Diddle" and "Sensations of
1945" after previously selling these rights to
other concerns in Denmark and Greece. Both
pictures were produced by Andrew Stone for
United Artists release
The case will be tried in the New York
supreme court in the fall, according to Geraid
Blumberg, attorney for Simpex.
BXOfTICE :: June 28, 1947
23