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WHERE BASED UPON AN ORIGINAL SCENARIO 21
A play may have greater literary value, yet the scenario usually possesses, for its own peculiar purposes, a greater practical value. The author of a scenario should not be compelled to publish his work in book form in order to secure copyright therein. The scenario is not written for the purpose of being reproduced in copies for sale.
If our position is correct, the rights of the author or proprietor of a scenario are coincident with those of the author or proprietor of a dramatic composition. He has the exclusive right to make other forms of dramatizations of the scenario, he may develop the scenario into the form of a short story or a novel.27 He may reproduce the scenario in copies for sale. An outright sale of the manuscript of an uncopyrighted scenario or of the copyright of a copyrighted scenario conveys to the purchaser all the rights which the author had.28
simple. It may be but the narrative or representation of a single transaction; but it must repeat or mimic some action, speech, emotion, passion, or character, real or imaginary. And when it does, it is the ideas thus expressed which become subject of copyright.”
Tate v. Fullbrook (Eng.) (1908), 77 L. J. K. B. 577; 1 K. B. 821; 98 L. T. 706; 24 T. L. R. 347. An idea or plot together with the manual and physical actions was held to be “a dramatic piece” within the meaning of Section 2 of the English Copyright Act of 1842.
Moore v. Edwards ( Eng.) (1903), Times, March 3: Held that a “scenario” of a play when written down was the subject of protection, as a dramatic composition.
Wigan v. Strange (Eng.) (1865), L. R. 1 C. P. 175: A ballet was held to be a play.
27 See Section 1 .
28 Palmer v. DeWitt (1872) , 47 N. Y. 532: “This property in a manuscript is not distinguishable from any other personal property. It is governed by the same rules of transfer and succession and is protected by the same process, and has the benefit of all the