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THE LAW OF MOTION PICTURES
used “held out” is used advisedly. Even where the news item is a creation of the mind of the reporter, and hence, an original work, yet if the work is published as news and not as fiction, the author or proprietor of the work will not be permitted to show that the work was one solely of his creation.31
Where, however, the work published in the newspaper is fiction and is presented to the public as such, the same rights accrue to the author or proprietor as in the case of a work published in a magazine.32
Section 6. — Y/here the motion picture is based upon a work in the public domain.
Whenever possible, motion picture producers of course make use of such works as are in the public domain. Care must be taken that in making use of such works, no use is made of other works based upon those in the public domain. It frequently occurs that in making adaptations of such public literary property, the ingenuity and originality of the adaptor has combined to create a new work.
Where the work is a novel or short story the adaptor may make a dramatization thereof; he may novelize a dramatic composition; he may rearrange the work and in so doing use originality; he may condense such work. Those portions of such new work which are due to the
31 Davies v. Bowes (1913), 209 was a translation from a wellFed. (D. C.) 53; aff’d 219 Fed. known foreign writer, held that (C. C. A.) 178. such pretense vitiated the copy
W right v. Tullis (Eng.), 1 C. B. right.
873. Where a publisher pre 32 Section 3. tended that a copyrighted work