The law of motion pictures (1918)

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WHERE PICTURE IS BASED UPON A SHORT STORY, ETC. 17 Here, as in the case of a novel,21 care must be exercised by the author or proprietor of the work, if he has retained any rights therein, to have something placed upon the copyright record to show what rights have been granted to the publisher and what rights have been retained. Where the author or proprietor of the work wishes to reserve the dramatic rights, the usual arrangement is for him to make a contract with the publisher granting the exclusive publication rights to the publisher and authorizing him to copyright the work. The publisher on his part agrees to assign the copyright when secured by him to the author or proprietor of the work. This enables the publisher to copyright the entire periodical or newspaper and at the same time obtain the benefit of a first publication. The publisher then assigns his copyright to the author or proprietor of the work, who now becomes possessed of all the rights incidental to copyright, including, of course, the right to dramatize. In this way there is no dedication, the magazine publisher is the first one to publish the work, and the author or proprietor of the work now has the dramatization rights which include the motion picture rights.22 the copyright of a book which belongs to the author is entered in the name of the publisher. In such case, a court of equity, if called upon, may decree a transfer of the copyright to be made by the owner.” See also: Dam v. Kirk La Shelle (1910), 175 Fed. (C. C. A.) 902, and Mail and Express v. Life Publ. Co. (1912), 192 Fed. (C. C. A.) 899. 21 Section 2. 22 Ford v. Blaney (1906), 148 Fed. (C. C.) 642; Dam v. Kirk La Shelle (1910), 175 Fed. (C. C. A.) 902; Fitch v. Young (1911), 230 Fed. (D. C.) 743; aff’d 239 Fed. (C. C. A.) 1021.