FILM INDUSTRY

New Zealand Herald, Volume LXXI, Issue 21934, 18 October 1934, Page 13

FILM INDUSTRY

PROPOSALS OF BILL h l POWERS OF CENSORSHIP RENTERS AND EXHIBITORS STANDARD CONTRACT FORM [by telegraph—-sfeoiat. reporter] WELLTNGTOHr. WocfneßdaT General effect is giverf to the recommendations of the Parliamentary committee of inquiry which recently investigated the motion picture industry by the Cinematograph Films Amendment Bill, which was introduced in the House of Representatives to-day. Tho bill, which also contains several * provisions relating to the censorship of films, was read a second time pro forma and referred to the Industries and Commerce Committee. The measure has been approved by an advisory committee appointed under the principal Act, containing representatives of both renters and exhibitors, and presided over by Mr. E. Page, S.M. Suitability for Children One clause deals with the censor's absolute or qualified approval of films. The duties of the censor are, firstly, to reject any films or portions of films which depict matters which in his opinion are contrary to the public interest}' and, secondly, to indicate for public information whether the film as approved is suitable or not for exhibition to children. The bill gives statutory authority for the recommendations made by the censor with respect to films, and makes provision for'special censorship of films to be exhibited by film societies. The committee of inquiry recommended that the censorship' provisions of the Act should not apply to film societies, but the principle of censorship has not been departed from. A clause will authorise the censor to give special consideration to films intended for exhibition by film societies, and it is proposed to provide that a nominal fee only shall be charged for this censorship. Film societies are defined in accordance with the suggestion of the committee of inquiry. Publication of Certificate It is considered that the certificate given to a film by the censor should be published as widely as possible, but the existing authority to require this publication is not sufficient to all the situations arising in the business. A clause in the bill provides the necessary authority. Another clause provides a penalty for the exhibition of a film which has been conditionally approved otherwise than in accordance with th® condition f imposed by the censor. There is a clause dealing with appeals against the censor's approval of a film. The Minister is given power to refer any film which has been approved by the censor to the Appeal Board for consideration. Provision is made for necessary relief from contracts to both, renters and exhibitors in the event of the rejection of a picture by the Appeal Board. The recent committee of inquiry expressed the view that "block booking" of films was necessary tinder the conditions existing in, the industry, but recommended that relief should be given to an exhibitor to the extent of the right to reject not. less than 25" per cent of films the subject matter of any contract. A clause in the bill, gives effect to this recommendation in respect to all films exhibited after January 1, 1935. .. ' Bight of Rejection Many of the ' "block booking" contracts " provide that 'an exhibitor shall have the right to select a proportion only of the films released by the renter in the film renting season. The bill provides that any right of rejection so given shall be inclusive of and not be additional to the statutory, rejection right already referred to. /" All contracts for the renting of films released by any renter in any one film renting season shall, for the purpose of determining rejection sights, be regarded as one contract. Any rejection rights are to be exercised within 21 days from the time notice is given that the film is available. The committee of inquiry expressed the view that the present contractual arrangements between renters and exhibitors were on an unsatisfactory basis and recommended that a standard form of contract be provided for use in th© industry. A clause gives effect to this recommendation. It'provideii for the approval of the. Minister of a standard contract form and states that so fitwi renting contract shall be binding on either the renter or the exhibitor if it contains terms that purport to negative or are inconsistent with the standard contract. , . The Minister is authorised to include provision in the standard contract with respect to minimum admission but the clause is worded so -that effect can be given to any compromise on the arranged between the renters and exhibitors. Before approving the standard form of contract, the Minister shall submit it to the advisory committee. Clause Declared Void In the report of the committee special attention was directed to a elause in-', serted in contracts by American renters i providing for the cancellation of the contract at the option of the renter in the event of legislation. f or certain othe? conditions making business; no longer profitable. The bill decljires that a clause of this type in any existing contract shall be void and of mo effect. Provision is made for the prevention of monopolies in connection with film supplies. A clause makes it an offence for a renter to refuse to supply films to an exhibitor on the usual terms and conditions if such films are not already rented to, or are the subject of negotiations for renting with a competitive exhibitor. It is an offence for an exhibitor to hire more films than are reasonably necessary for the effective operation of the theatre. These offences are punishable on summary conviction by a fine of £IOO. The Governor-General is authorised to make regulations to prevent monopolies and otherwise to regulate the film industry. The bill also provides that on the conviction of a holder of a renter's or exhibitor's licence for any offence, the Court may, in addition, to the other penalty, cancel the licence for a period not exceeding 12 months.