For instance, I recall hearing when the Shirley Temple contract was terminated, in New York, the public said that they paid a certain sum of money, but this was the mother's statement: It was not the child's thought, but it was the type of pictures, stories, they picked for Shirley Temple. Now when you take a picture that is allocated for $138 and it is reallocated for $23 you can see the result on the box office. And when you take the hundreds of them it indicates that there are many pictures that should never have been made. But if you eliminate compulsory block booking eventually you will have producers making pictures that the public wants to see. Mr. BOREN. One further question, Mr. Chairman. The CHAIRMAN. Yes, Mr. Boren. Mr. BOREN. In reference to the contract, you mentioned a percentage base. Do not all the contracts also carry a minimum-fixed price if the percentage should run too low? Mr. YAMINS. A guaranteed price? Mr. BOREN. Yes. Mr. YAMINS. Well, in some contracts they are. I had that in mind. But I would not say that is uniform. That does appear in a good many contracts, guaranty as against the percentage, Mr. Boren. Mr. BOREN. One other question. You mentioned United Artists, and if I understood you correctly you said they produce all class A pictures? Mr. YAMINS. I said that outside of the Roach comedies, which I would not classify in that line, they hold themselves out as making only A pictures. Mr. BOREN. Could you give us a list of some of the recent plays put out by them? Mr. YAMINS. Well, Rebecca, I think is one; Mice and Men; My Son, My Son. Mr. BOREN. Is that considered a class A picture? Mr. YAMINS. I imagine that Mice and Men and Rebecca were considered grade A pictures; and I imagine, based on the synopsis of My Son, My Son, I would judge that to be an A picture. Mr. BOREN. You have not seen it? Mr. YAMINS. I have not seen it. Mr. BOREN. Well, I would not judge that picture, My Son, My Son, to be a class A picture. Mr. YAMINS. My Son, My Son? Mr. BOREN. Well, I would not want my son to see it. I have not got the name of a United Artists picture that I considered a class A picture. But, the point I am making is this: Some people may claim that My Son, My Son is a grade A picture, and another man may come in and claim that in his judgment, it is a very poor picture. That is the point I am talking about. Mr. YAMINS. Well, Mr. Boren, the question of whether My Son, My Son, is publicly received at the box office favorably--and you have given your impression of it. Mr. BOREN. Well, I would not want my son to see it. Mr. YAMINS. Well it works out in different ways. However, the first run of a picture in a theater does not determine whether it is a good picture at the box office. The first day does not determine its performance. How it holds out on the second day or the third day determines that. And, sometimes they are held over for a week. On the first day the public does not know much about a picture; they come to the first performance the first day but that is not a good test of whether the picture is going to do a good business at the box office. The test of the picture is whether the public comes back after the first performance, after the reaction of the patrons, gained from contact with those who have seen the picture. In other words you might advertise a picture, try to build it up, but you will not get much reaction from the first run, when it is shown the first day. If the business drops down-sometimes they pull a picture, and that is the reason for it. Mr. BOREN. I would think it would be very interesting in this connection if in some way, if you could supply to us the box-office returns on some pictures like Abraham Lincoln in Illinois as compared with My Son, My Son. Mr. YAMINS. Well, those two pictures, Mr. Boren, it would be practically impossible to get a report on at the present time because they have only been recently released. Mr. BOREN. It may be that the public will favor My Son, My Son; that may be their judgment. Mr. YAMINS. Yes. Mr. BOREN. That would be up to the exhibitor not to use it. Mr. YAMINS. That is right. Mr. BOREN. Instead of the other picture. Mr. YAMINS. Well, I think the public is entitled to it. Mr. BOREN. Well the exhibitor would buy a picture My Son, My Son because of the box office attraction rather than a picture like Abraham Lincoln in Illinois, even though you say the Legion of Decency might not approve it? Mr. YAMINS. The Legion of Decency is very much like the cancelation privilege; it is temporary only. But the thing that determines is public opinion. Mr. BOREN. In addition to the box office. Mr. YAMINS. Yes. Public opinion will tell the exhibitor whether a certain play may or may not be good. However, there are certain communities in which Abraham Lincoln might not go over so well. I think there is a reason for that. I think each community has a right to select the type of picture they want. In other words, if you have a locality made up of college graduates and professional men and they want to see that type of picture, all right. On the other hand, if you have a community that wants to see a western picture I think they have a right to see it. I do not think it is the proper function of the exhibitor to try to fix or determine the morals of the public. That is for your schools. Certainly the public has a right to see a type of picture they want. Mr. BOREN. That is all. The CHAIRMAN. Mr. Hinshaw. Mr. HINSHAW. Mr. Yamins, you said there was a certain picture which the Legion of Decency in Fall River did not want you to show. Did any other exhibitor show that picture in Fall River? Mr. YAMINS. I could not say. Mr. HINSHAW. How many theaters are there in Fall River? Mr. YAMINS. There are seven theaters in Fall River. Mr. HINSHAW. And you own how many? Mr. YAMINS. I own five. I do not know about the other two. Mr. YAMINS. Yes. Mr. HINSHAW. That is all. The CHAIRMAN. The proponents have consumed 19 hours and 50 minutes. This concludes the hearings for the proponents. We will adjourn until 10 o'clock tomorrow morning. (Thereupon, at 1:50 p. m., an adjournment was taken until 10 a. m., the following day, Wednesday, May 22, 1940.) (Compulsory Block Booking and Blind Selling) HEARINGS BEFORE THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES SEVENTY-SIXTH CONGRESS THIRD SESSION ON S. 280 A BILL TO PROHIBIT AND TO EVENT THE TRADE PRACTICES KNOWN AS COMPULSOR BOOKING AND BLIND SELLING IN THE LEASING OF MOTION-PICTURE FILMS IN INTERSTATE AND FOREIGN COMMERCE PART 2 MAY 22, 23, 24, 27, 28, 29, 30, 31, AND JUNE 3 AND 4, 1940 235749 Printed for the use of the UNITED STATES WASHINGTON: 1940 |