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Y4. IN 8/3: M85/3

HEARING

BEFORE THE

COMMITTEE ON INTERSTATE COMMERCE
UNITED STATES SENATE

SEVENTIETH CONGRESS
FIRST SESSION

ON

S. 1667

A BILL TO PREVENT OBSTRUCTION AND BURDENS UPON
INTERSTATE TRADE AND COMMERCE IN COPYRIGHTED
MOTION-PICTURE FILMS, AND TO PREVENT THE RESTRAINT
UPON THE FREE COMPETITION IN THE PRODUCTION, DIS-
TRIBUTION, AND EXHIBITION OF COPYRIGHTED MOTION-
PICTURE FILMS, AND TO PREVENT THE FURTHER MONOP-
OLIZATION OF THE BUSINESS OF PRODUCING, DISTRIBUTING,
AND EXHIBITING COPYRIGHTED MOTION PICTURES, BY
PROHIBITING BLIND BOOKING AND BLOCK BOOKING OF
COPYRIGHTED MOTION-PICTURE FILMS AND BY PROHIBIT-
ING THE ARBITARY ALLOCATION OF SUCH FILMS BY DIS-
TRIBUTORS TO THEATERS IN WHICH THEY OR OTHER
DISTRIBUTORS HAVE AN INTEREST, DIRECT OR INDIRECT,
AND BY PROHIBITING THE ARBITRARY REFUSAL TO
BOOK OR SELL SUCH FILMS TO EXHIBITORS IN
WHICH THEY HAVE NO SUCH INTEREST

90285

FEBRUARY 27, 28, 29, MARCH 1 AND 2, 1923

Printed for the use of the Committee on Interstate Commerce

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MOTION PICTURE FILMS

MONDAY, FEBRUARY 27, 1928

UNITED STATES SENATE,

COMMITTEE ON INTERSTATE COMMERCE,

Washington, D. C. The committee met, pursuant to call, at 10.30 o'clock a. m. in room 212, Senate Office Building, Senator James E. Watson presiding.

Present: Senators Watson (chairman), Couzens, Fess, and Metcalf.

Present also: Senator Brookhart of Iowa.

The CHAIRMAN. The committee is somewhat handicapped in having hearings because of the absence of four of its members on the investigation of the Pennsylvania coal fields, and two others' who have been ill and not present at this session, but we will proceed, hoping that others will come in from time to time.

The committee is assembled this morning for the purpose of hearing testimony on bill S. 1667, introduced by Senator Brookhart, having reference to the motion-picture business.

(The bill is here printed in full, as follows:)

[S. 1667, Seventieth Congress, first session]

A BILL To prevent obstruction and burdens upon interstate trade and commerce in copyrighted motion-picture films, and to prevent the restraint upon the free competition in the production, distribution, and exhibition of copyrighted motion-picture films, and to prevent the further monopolization of the business of producing, distributing, and exhibiting copyrighted motion pictures, by prohibiting blind booking and block booking of copyrighted motion-picture films and by prohibiting the arbitrary allocation of such films by distributors to theaters in which they or other distributors have an interest, direct or indirect, and by prohibiting the arbitrary refusal to book or sell such films to exhibitors in which they have no such interest.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (a) For the purpose of this act "motion-picture film or "film" or "films" shall mean copyrighted motionpicture film such as is commonly transported in interstate commerce for exhibition in motion-picture theaters. The word " person shall be construed to import the plural or singular, and shall include individuals, associations, partnerships, corporations, and trusts. The word "producer" shall include any person engaged in photographing scenes, plays, entertainments, events or scenes of news interest, or historical or education value, and the like on negative motion-picture film for the purpose of making positive prints therefrom or otherwise for exhibition in motion-picture theaters, whether or not such person also is engaged directly or indirectly, in the distribution or exhibition of such films. The term "distributor" shall include any person engaged in selling, leasing, or renting copyrighted motion-picture film to exhibitors, whether or not such person also is engaged, directly or indirectly, in the production of such films. The term "exhibitor' shall include any person owning or operating a motion-picture theater or theaters or other place where motion pictures are regularly exhibited as all or part of a program of entertainment, whether or not such person also is engaged, directly or indirectly, in the production or

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