Executive Order 6458—Code of Fair Competition for the Motion Picture Industry

An application having been duly made, pursuant to and in full compliance with the provisions of title I of the National Industrial Recovery Act, approved June 16, 1933, for my approval of a Code of Fair Competition for the Motion Picture Industry, and a hearing having been held thereon, and the Administrator having rendered his report containing an analysis of the said code of fair competition together with his recommendations and findings with respect thereto, and the Administrator having found that the said code of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of the said act have been met:

Now, Therefore, I, Franklin D. Roosevelt, President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator, and do order that the said code of fair competition be, and it is hereby, approved, subject to the following conditions:

To effectuate further the policies of the act, that—

(1) Because the constituency of the code authority is named in this code, the Administrator shall have the right to review, and if necessary, to disapprove any act taken by the code authority, or by any committee named by it, and any act taken by any board named by it; and

(2) If, in the administration of this code, any member or temporary alternate of any member of said code authority, or any member of any board appointed by the code authority shall fail to be fair, impartial and just, the Administrator shall have the right to remove such member or temporary alternate from said code authority, and to remove such member of any such board, and, if he deems necessary, to name another member or alternate from the general class represented by such removed member or alternate to replace such removed member or alternate upon said code authority or upon any such board; and

(3) If, in the administration of this code, it shall be found by the Administrator that there has not been sufficient representation of any employer class in this industry on the code authority, the Administrator shall have the right to add members from any such class to such code authority; and'

(4) Because the President believes that further investigation with respect to the problems of payment of excessive compensation to executives and other employees in this industry is required, tile provisions of artlcteV, division A, part 4, of this code are hereby suspended from operation and shall not become effective pending further report from the Administrator after investigation; and

(5) Because the President, believes that writers, authors, and dramatists. are engaged in purely creative work, the provisions of article V, division B, part 5, sections 1 (c), 2, 3, 4, and 6, of this code, shall not become effective with respect to such employees; and

(6) Because the President believes that further investigation is required with respect to problems generally affecting unfair competitive methods for the services of classes of employees of producers rendering services of an artistic, interpretative, technical, supervisory or executive nature, the provisions of article V, division B, part 5, sections 1 (c), 2, 3, 4, and 6, of this code, are suspended from operation and shall not become effective pending further report from the Administrator, after investigation, as to whether such provisions should be indefinitely suspended, or modified, altered or changed, or become effective.

FRANKLIN D. ROOSEVELT

Approval recommended:
     Hugh S. Johnson.
          Administrator.

The White House,
November 27, 1933.