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WHERE BASED UPON A DRAMATIC COMPOSITION 9
the preamble and body of the contract, taken in conjunction with the fact that at that time (1899) the motion picture art was in its infancy, did not pass the motionpicture rights to the licensee.9
In Photo Drama Picture Co. v. Social Uplift Film Co., complainants claimed that by securing all dramatization rights, complainants’ assignor possessed the exclusive motion picture rights. This construction of the grant was admitted by the answer,10 and was acquiesced in by the court.11
The situation may arise where the author or proprietor of a play before the play has been produced upon the stage, grants an exclusive license to reproduce the play in motion pictures, and subsequently thereto attempts to produce the play himself or grants to a third party the right to produce the play upon the boards. This may be the case with plays, which after being reproduced in motion pictures, become well known to the public.
Query: Has the motion picture producer the right to enjoin any stage production of such play upon the theory followed by the courts in Frohman v. Fitch?
While the question has not yet arisen before the courts, there seems to be good reason for believing that the rule laid down in the Frohman case will be followed.
0 Harper & Bros. v. Klaw & Erlanger (1916), 232 Fed. (D. C.) 609. See excerpt of Judge Hough’s opinion on pages 3 and 4.
10 Photo Drama Picture Co. v. Social Uplift Film Co., United States Circuit Court of Appeals for the Second Circuit, Record
No. 102, January, 1915, also known under the designation Record No. 5150, U. S. Circuit Court of Appeals — Southern District of New York.
11 Photo Drama Picture Co. v. Social Uplift Film Co. (1915), 220 Fed. (C. C. A.) 448.