In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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1200 H. N. Marvin, Direct Examination. Q. And this, I take it, embraced practically all of the good models on the market? A. Yes. Q. This was in 1909? A. Yes, at the time the licenses were first granted. Q. In referring to the clause in the license agreement between the Motion Picture Patents Company and the licensed producers of motion pictures, which provided how the producers of motion pictures might change the prices, you made some reference to the fact that the owners of the Patents Company were themselves producers. Just what did you mean by that? A. I meant by that that the stock of the Motion Picture Patents Company is owned by the Biograph Company and by the Edison Company. The Biograph Company and the Edison Company are producers of motion pictures. Q. And by that you mean that they were necessarily competitors of the other licensees? A. Necessarily competitors of the other licensees, yes. Q. And that this provision in the license agreement was in a sense a measure of protection to the other licensees, and which they insisted upon? A. Yes. I understand that that question originally referred to the matter of collection of royalties, which it was desired to keep secret on account of the desirability of keeping the business secrets of the licensees inviolate, and these licensees naturally objected to having the Edison Company and the Biograph Company acquainted with the magnitude of their business. Q. What did the license to producers of motion pictures contain, relative to the use of cameras and projecting machines? A. The license contained a provision that the licensee might make and use as many cameras as he desired for his own business under the patents that were owned by the Patents Company. He was not, however, restricted to the use of such cameras, and he was permitted to manufacture motion picture films, films of a certain width, for use in the United States, to be leased, and film of any width to be sold for export, and film of a narroAver width to be sold for use in the United States. Q. What price stipulation was made with respect to standing orders? A. It was provided that the standing order price should be somewhat less than the price for individual films which might be leased from time to time. This was a reasonable provision, and was put in because it was cheaper