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THE LAW OF MOTION PICTURES
Although the rule of law is clear, great difficulty has confronted the courts in arriving at the true relation
the publisher was producing at his own risk and expense, the natural inference of fact — no agreement in writing or express words being necessary to the assignment of copyright — was in the absence of evidence to the contrary that the publisher acquired copyright in such articles.
Sweet v. Benninq (Eng.) (1855), 16 C. B. 459; 24 L. J. C. P. 175; 1 Jur. (X. S.) 543; 3 W. B. 519. Where the owner of a periodical contracted with one to write an article on the terms that the copyright should be the property of such proprietor, such terms were not required to be expressed but might be implied in fact.
Hatton v. Kean (Eng.) (1859),
7 C. B. (X. S.) 268; 29 L. J. C. P. 20; 6 Jur. (X. S.) 226; 1 L. T. 10;
8 W. R. Where a manager of a theatre, having designed to bring out an old play, with new scenery, dresses and musical accompaniments, hired A to compose the requisite music, who did so, and A was paid for his work, the sole right to the representation or performance of such musical compositions, as part of
the whole, became thereby vested in the former, without assignment or the consent in writing of A , the terms of the contract between them being, that the compositions should become part of the entire dramatic piece, and that the manager should have the sole liberty of representing and performing the compositions with the dramatic piece. See also: Byrne v. Statist Co. (Eng.) (1914), 1 K. B. 622; Walter v. Howe (Eng.) (1881), 50 L. J. Ch. 621; 29 W. R. 776; 44 L. T. 727; Sweet v. Evans (Eng.) (1893), 1 Ch. 218; 62 L. J. Ch. 404.
Dennison v. Ashdown (Eng.) (1897), 13 T. L. R. 226. Held that an assignment of the copyright would be presumed from the conduct of the parties in dealing with each other for a long time, even though no actual assignment could be proved.
Ward Lock & Co. v. Long (Eng.) (1906), L. R. 2 Ch. 550; 75 Law Journal, Ch. 732; 95 Law Times, 345; 22 T. L. R. 798. An agreement whereby the author, in consideration of a sum of money, undertook to compose a book for the publisher, was a sufficient assignment of the copy