arnold weissberger

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tony
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Post by tony »

Unless I'm mistaken, Arnold Weissberger was the terrific attorney who negotiated Welles's original 'final cut' RKO contract; and it's the same lawyer who wrote Welles in 1942, observing that Jack Moss was not doing a good job, and it's because of Moss that Welles lost the final cut for Ambersons. Also, Welles got into terrific tax difficulties shortly therefter. So it's a surprise to me that there's an Ebay auction for a contract from 1978 specifying Weissberger as welles's lawyer.

Does anyone know whe Weissberger started to represent Welles again?

[url=http://cgi.liveauctions.ebay.com/ORSON- ... 46690883QQ
rdZ1#ebayphotohosting]http://cgi.liveauctions.ebay.com/ORSON-W....hosting[/url]
Christopher
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Post by Christopher »

The Lilly Library has correspondence between Welles and L. Arnold Weissberger up to the year 1949, by which time Welles was already living in Europe. Although I don't know for sure, it seems reasonable to assume that Weissberger remained Welles's laywer in the U.S. until Weissberger's death in 1981.
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Post by François Thomas »

Although I don't know for sure, it seems reasonable to assume that Weissberger remained Welles's laywer in the U.S. until Weissberger's death in 1981.


Absolutely. Or at least, that he remained one of his lawyers since Welles had several of them. In 1981, professional yearbooks still indicated Welles's postal address as c/o L. Arnold Weissberger. There are very candid photographs of Welles in Weissberger's book Famous Faces : A Photograph Album of Personal Reminiscences.
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Post by RayKelly »

As a much , much younger man, I tried to contact Orson Welles. A studio rep told me to send mail to Arnold Weissberger's office (this had to be 1983).
When Barbara Leaming was making the rounds promoting her book a few years later, she said she was told that Orson had a wonderful lawyer, who was now dead, but that correspondence should be addressed to him.
tony
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Post by tony »

Here's a nice page Jeff did a couple of years ago; it seems Welles used Moss for a few years at the critical juncture of his life (1942) and then returned to Weissberger; it's heartbreaking, indeed shocking, as the lawyer makes clear, since Welles lost so much, and was permanently damaged, at this point:

http://www.wellesnet.com/OWA_12_04.htm

:)

Here's another one:

"The Panic Broadcast prompted lawsuits. But it was CBS that was under the gun, not Welles himself. Whether it was a stroke of brilliance or just sound contract negotiations, his lawyer, Arnold Weissberger, had arranged it so the network would be held responsible for anything untoward caused by a Welles broadcast. Welles’ only accountability was for personal libel and literary plagiarism."

And another about Canada Lee:

"In 1941 Lee was charged with larceny for alledgedly trying to sell an automobile that he had not made a payment on just as he was about to embark on a national tour of "Native Son"; Welles's lawyer Arnold Weissberger kept him from prison after a protracted court battle."

Here's a little bio from 1979:

L. ARNOLD WEISSBERGER
Theatrical attorney for superstars

What do Leonard Bernstein, Helen Hayes, Otto Preminger, Carol Channing, Truman Capote and George Balanchine have in common? All are giants in the performing arts. And all are—or have been—clients of Arnold Weissberger, one of the world's foremost theatrical attorneys. Now in his 50th year of
practice, the Brooklyn-born, Westside-raised Weissberger has been representing stars ever since a chance encounter brought Orson Welles to his office in 1936.

"Most of my clients are involved in making contracts that have to do with plays or films or television," says Weissberger on a recent afternoon. The scene is his small, richly furnished
law firm in the East 50s. Dressed in a dark suit, with a white carnation in his buttonhole to match his white mustache, Weissberger looks very much like the stereotype of a business
tycoon. "Part of my job," he continues, "is to be familiar with the rules of guilds and unions. And I have to know about the treaties between countries that affect the payment of taxes."
Smiling benevolently, his hands folded in front of him, the gentlemanly lawyer quickly proves himself a gifted storyteller. In his upper-class Boston accent, acquired during seven years at Harvard, he delights in telling anecdotes about his favorite performers. Not shy about dropping names, Weissberger drops only the biggest, such as Sir Laurence Olivier—a client who had invited him to lunch the previous day—and Martha Graham.

His work is so crowded that whenever he has to read anything that is longer than three pages, he puts it in his weekend bag. Yet Weissberger devotes an hour or two every day to one of several philanthropic organizations. At the top of his list is the Martha Graham Center of Contemporary Dance, of which he is co-chairman. "I consider her one of the three
great seminal figures in the arts in the 20th century, and I prize her friendship enormously."
The other two outstanding artistic figures of the century, he says, are "Stravinsky, who it
was also my privilege to represent, and Picasso, who I did not represent."
He serves as chairman of the New Dramatists, a group that nurtures young playwrights;
he is a board member of Fountain House, a halfway house for ex-mental patients; and he is
chairman of the Theatre and Music Collection of the Museum of the City of New York.
On Monday through Thursday, Weissberger lives in a luxurious Eastside apartment
that he shares with his longtime friend, theatrical agent Milton Goldman. Each Friday after
work, Weissberger departs for Seacliff, Long Island, where he owns a house overlooking the
ocean. Goldman and Weissberger, whose careers have run a parallel course during the 35
years of their acquaintance, travel widely each summer, generally spending a month in
London, where both have many clients. "Our interests are very similar, except that I am an opera buff, and Milton is not. He's a
realist. I started going to opera when I was 10 years old, so I don't mind if a 300-pound
soprano dies of consumption in Traviata, as long as she sings beautifully."
An avid art collector, Weissberger buys only what he has room to display on the walls of
his home and office. For the past 30 years his chief hobby has been photography. He has
published two volumes of his work—Close Up (1967) and Famous Faces (1971). Although he
has never taken a photography course, and never uses flash, he captures the essence of his
subjects through his rapport with them. "I have discussed the possibility of doing a photo
book of children I've taken around the world," he notes. "And now, of course, I have enough
photos for a second volume of famous faces."
His vigorous appearance to the contrary, Weissberger claims to get little exercise. "I
have one of those stationary bicycles at home, but I've never gotten round to using it. And
I've got to do so before I next see my doctor, or I won't be able to face him. … It's interesting
how doctorial advice changes. I remember several years ago, it was not considered a good
idea for people who were no longer young to climb stairs, and now my doctor says that
climbing stairs is the best thing I can do for my constitution."
So closely connected are the various aspects of his life that Weissberger is able to say:
"There's no demarcation between my workday and my play day. People ask me when I'm
going to retire, and I say there's no need for me to retire, because I enjoy my work so much. I
become part of people's lives. I become privy to their problems. It is, in many ways, an
extension, an enhancement of my own life to be able to participate in the lives of my clients. I
remember a few months ago, when Lilli Palmer was sitting right there, and I said, `Lilli,
what a lucky person I am. I'm having to do a tax return and I'm doing it for Lilli Palmer.'
Because there sat this beautiful, charming, intelligent, lovely lady, and I was representing her
professionally. For me, I can't think of any profession that could possibly be more
rewarding."
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Post by Glenn Anders »

Wonderful piece.

Thank you, Tony.

Glenn :laugh:
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NoFake
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Post by NoFake »

Wonderful indeed! And sadly telling that in the sentences: "What do Leonard Bernstein, Helen Hayes, Otto Preminger, Carol Channing, Truman Capote and George Balanchine have in common? All are giants in the performing arts. And all are—or have been—clients of Arnold Weissberger, one of the world's foremost theatrical attorneys" -- there was no room for mention of Orson Welles...
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Post by tony »

I'm glad you guys liked it- it was a bit difficult to find!

I'm wondering if Moss was still Welles's lawyer (or was he his business manager?) during the "Around the World in 80 Days" tax fiasco? It's amazing to think that Moss managed to somehow direct part of "Ambersons", and act in "Journey"! As Jeff observed: "Prior to joining Welles, Moss worked as a professional magician, agent and film producer, meeting Welles in his capacity as magician in 1941. Moss, was hired by Welles to be his business manager and as Frank Brady put it, Mercury's "general factotum," because he was someone who, as Welles put it, "only read the fine print" in contracts. Barbara Leaming mentions that another of Moss' jobs was to watch over Welles' habits, and Moss duly tried to help Welles control his eating and otherwise assist Welles in maintaining his routine."

Here's some quotes from Weissberger (and Jeff) that I linked to above and that just make me sick when I read them:

"AW writes that in negotiating the Kane deal, "I knew that the most important thing was the artistic integrity of your work, and I saw to it that the contract gave you complete protection."...AW tells Welles that under the deal he had negotiated with RKO boss Jack Schaeffer before leaving to return to New York, AW had worked out a deal in which Welles would receive "$100,000 for acting in [a] picture, $100,000 for directing a picture, $50,000 for writing a picture, and $3,500 a week synchronously for producing the pictures."

Had Ambersons and Journey Into Fear been made under this deal, Welles stood to make $300,000 more than he ended up making. AW and Scaheffer had worked out this deal while Kane was riding high critically, but "this picture was entirely up-set as Schaeffer himself has told me, when Moss' injection into the scene antagonized him and made him wary about granting to you the terms upon which he had theretofore been willing to grant."

AW moves on to Welles' abysmal tax problems. He notes that Welles has a $30,000 deficiency assessment (approximately $345,000 today) for which Moss has ignored AW's requests for assistance in dealing with. AW writes that he has written Moss and Wright on ten different occasions the previous nine months in trying to deal with the problem, but that Moss has ignored him. Wright met with AW in March 1942, but beyond that, there was no contact from Welles' camp. AW tells Welles that in the years he handled his affairs, AW always managed to pin Welles down and get the job done. He ascribes Moss's reluctance to deal with him as a mix of personal antipathy and simply not wanting to pay AW to do the work. "My complaint against Moss is that he preferred to endanger your tax affairs rather that consider the question of the fee…Instead…he has just abandoned the whole thing, regardless of the seriousness of the tax situations, leaving you to face the music."11 He goes on to write "The fact that I am the only person who will advise you in your own interests and that I am, as Moss undoubtedly realizes, fully aware of all the boners that have been pulled, is reason enough for him to wish to sabotage me."

Also, due to money owed from the 1939 Five Kings theatrical production, Welles stood to lose control of the Mercury name to his creditors, something AW claims Moss had ignored as well, despite his telling Moss "the danger in your [OW's] owing to Mercury a still-unpaid obligation of $26,000" (approximately $299,000 today).

AW concludes by telling Welles that "I might speak less emphatically in this respect were it not for the fact that in my six years of service for you, my record - whether with respect to negotiating deals, preparing contracts, saving you taxes, or paying your bills, has been pretty near perfect."


When one adds the memories of writer-director Cy Endfield (as quoted by Jonathan Rosenbaum from a personal interview)who worked for the Mercury as an apprentice in 1942 during Welles's Brazil trip, one really begins to wonder at the magnitude of Moss's "contribution" to Welles's downfall, and subsequent lifelong career problems:

"I sat with Jack Moss most days (in his office).... A telephone with a private line had been installed in his office in the Mercury bungalow that had a number known only to Orson in Brazil...Moss...had discussions with Orson and tried to placate him; then, they had started arguing becuse there were more changes (in Ambersons) than Welles was prepared to acknowledge. After a few days of this, the phone was just allowed to ring and ring...the phone was ringing contantly and uninterruptedly for hours at a time. I saw Jack Moss enter the office carrying 35 and 40 page cables that had arrived from Brazil; he'd riffle through the cables, say "This is what Orson wants us to do today" and then, without bothering to read them, toss them into the wastebasket.

It seems that Moss is a key (if unwitting) player in Welles's downfall, mainly through complete incompetence. He managed to lose the right to final cut for Ambersons, then ignored much of Welles's memos and ended up directing some of the retakes! In addition, he managed to lose Welles about $300,000, while screwing up his taxes.

I wonder if he makes an apperarance in Catherine Benamou's forthcoming book on the "It's All True" fiasco? Curiously, in McBride's new book, he only merits a brief reference on page 75 as one of several "disloyal" Mercury employees.

A curious omission, I'd say.

???
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ToddBaesen
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Post by ToddBaesen »

Thanks for posting Jeff's article Tony. I hadn't seen it before.

Maybe if Jeff has the whole three page letter from Weissberger to Welles he could post it here, as it seems to be a very key point in establishing the true blame that many biographers have incorrectly placed on Welles for "abandoning" Ambersons.

Because if Welles did go to Rio thinking his KANE contract was still in effect and was going to be extended for AMBERSONS -- and Weissburger says it basically would have been extended, if only Loyd Wright had signed the extention -- there would be absolutely no way Welles could be blamed for the situation, because if the contract extension had been signed, the final release print of AMBERSONS would have had to have been in a form approved by Welles, regardless of any bad preview reactions, or who was in charge at RKO. Don't forget, Weissburger's KANE contract was so ironclad, Ted Turner couldn't colorize CITIZEN KANE, after he brought the RKO library, but he could colorize AMBERSONS.

Here's some of the excerpts from the 3-page letter written from Weissburger to Welles, about a month after he returned to the US from Rio:

L. ARNOLD WEISSBERGER TO ORSON WELLES
September 16, 1942

The deal that I worked out with Schaefer... provided that you were to get everything that the KANE contract gave you and in addition an autonomy to an extent of your not having to find your work impeded by RKO red tape... This picture was entirely upset, as Schaefer himself has told me, when (Jack) Moss's injection into the scene antagonized him and made him wary about granting you the terms which he had theretofore been willing to grant.

I knew that the most important thing was the artistic integrity of your work, and I saw to it that the (revised) contract gave you complete protection. (The negotiated fees were): $100,000 for acting in a picture, $100,000 for directing a picture, $50,000 for writing a picture, and $3,500 a week synchronously for producing the pictures.

…the fourth (extension), which I was negotiating when I left California, (Loyd) Wright refused to sign, although it was presented to him by RKO. The result was that when the time expired... you were in default. RKO could, by waiving your default, hold you to the contract, but you could not hold RKO to the contract. If the extension had been signed, so that there was no default, and RKO wanted to get rid of you, it would have had to buy up your contract.

I have written to Moss and Wright on ten different occasions in the previous nine months trying to deal with the problem (of delinquent taxes) but Moss has ignored me… My complaint against Moss is that he preferred to endanger your tax affairs rather that consider the question of the fees… Instead, he has just abandoned the whole thing, regardless of the seriousness of the tax situations, leaving you to face the music.

The fact that I am the only person who will advise you in your own interests and that I am, as Moss undoubtedly realizes, fully aware of all the boners that have been pulled, is reason enough for him to wish to sabotage me… I might speak less emphatically in this respect were it not for the fact that in my six years of service for you, my record – whether with respect to negotiating deals, preparing contracts, saving you taxes, or paying your bills, has been pretty near perfect.
Todd
tony
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Post by tony »

Todd: I'm in TOTAL agreement with your premise and conclusions, and the fact that McBride only mentions Weissberger twice in his new book, both times having nothing to do with Amberson's/It's All True, make me think he just didn't know about the letters and quotes above; this, of course, means his research was, on this absolutely crucial issue, and the precise centre of his book's premise, shoddy. I hate to say that because he seems a sincere guy, but you have nailed it with your premise: Moss's behaviour in 1942, including the loss of final cut on the Amberson contract, the loss of a large amount of income, the deterioration of the Mercury/RKO relationship, and the dismissive treatment of Welles's calls and telegrams from Brazil, is the smoking gun in the entire affair, and to a significant degree affected the rest of Welles's career.

IMO.
???
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