The law of motion pictures (1918)

WHERE MATERIAL WRITTEN BY MORE THAN ONE PERSON 35 Section 9. — Where the motion picture material has been written by more than one person. Motion picture producers have frequently found themselves involved in disputes because they have purchased from an author the motion picture rights to a play or other work believing, in good faith, that the author was the sole owner of such rights, when in fact two or three men had collaborated in its writing. Those, who have not granted rights, come in and claim their share of the profits or proceeds, or seek an injunction upon the ground that the right granted by their co-author will destroy their interest in the common work. The motion picture producer is bound to pay all the royalties to the party with whom he has contracted. If he ignores the rights of the other collaborators, they threaten to enjoin the picture or sue for damages. If he recognizes their rights the person with whom he has contracted threatens to bring an action for breach of contract. Hence, to properly safeguard his own interest, he must first inquire whether or not those claiming to be collaborators of the party with whom he contracted are such in fact. The question as to what constitutes co-authorship has been constantly before the courts of this country and England. The test as laid down by Copinger contains all the elements which stamp a work as the product of co-authorship. “If there be a joint co-operation in carrying out the same design, it is not essential that the execution of the design shall be equally divided. Having agreed to a general design and structure, they may divide their parts and work separately. The pith of the joint author