The law of motion pictures (1918)

26 THE LAW OF MOTION PICTURES story or scenario from which the film was reproduced.34 The printing of the work whether in whole at one time or in parts at different times as in a serial story, constitutes merely a reproduction of the work in copies for sale within the meaning of the Copyright Act. It frequently happens that the film producer has merely the right to reproduce the work in the form of a motion picture, the publication rights having been retained by the author or having been granted to some third party. The expression “serial rights” has acquired a secondary meaning in the publishing and motion picture business. Where one sells the “serial rights” the courts will construe the sale as a grant of “all publishing rights, including magazine and newspaper publishing rights, and excepting only book, dramatic and moving picture scenario rights.” By book rights the court undoubtedly means the right to novelize.35 Section 8. — Where the relationship is that of employer and employe. It frequently becomes necessary to decide whether the lawful and proper in that tire similar incidents and characters are found in the novel and earlier versions [that is the works in the public domain].” The court then finds that the defendant has infringed the plaintiff’s work. See also: Byrne v. Statist Co. (Eng.) (1914), 1 K. B. 622, and Wyatt v. Burnard (Eng.), 3 V. and B. 77. See also Section 159. 34 New Fiction Pub. Co. v. Star Co. (1915), 220 Fed. (D. C.) 994. 35 New Fiction Pub. Co. v. Star Co. (1915), 220 Fed. (D. C.) 994. See also: Heineman v. Smart Set (Eng.) (1909), Times, July 15. Defines “serial rights,” “magazine rights” and “newspaper syndicate rights.”