Motion Picture News (Jul - Sep 1930)

July 5, 1930 Motion Picture News 21 Discs the uOut" If Courts Sustain Claim Schlesinger Owns Film Method Ries Sound-Film Patent is Basic, Claimed General Talking Pictures claims the Ries patent is the only basic patent governing recording and reproduction by th-e sound-on-film method. This is the patent which Judge Hugh M. Morris has determined is the property of the Schlesinger interests. The patent is listed as No. 1,607,480 in the United States Patent Office, was applied for on May 21, 1913, and granted on November 16, 1926. The patent papers bear this reference: "Elias E. Ries of New York, N. Y., assignor, by Mesne Assignments to De Forest Phonofilm Corp., of New York, N. Y., a corporation of Delaware/' In view of its possible significance on the question of basic sound patents, the text is published herewith in full : This invention relates to the method and apparatus for making photographic records of sound by causing the sounds that are to be recorded to produce varying electrical impulses in an electric circuit which in turn cause varying intensities of light for affecting a photographic film. And more particularly it relates to combined motion pictures and sound records photographed on the same film. Also to methods and apparatus for reproducing such sound records or combined motion pictures and sound records. In carrying my invention into effect I produce a record in the form of a continuous photographic band or stripe of uniform width and of varyig degrees of density in the direction of its length corresponding to sound waves impressed upon a diaphragm which cause corresponding varying impulses in an electric circuit. This record is produced by moving the photographic film behind an apertured screen having preferably a very narrow slit aperture with the film in such relation thereto that the area of exposure will be limited to the area of the slit or aperture, and the light rays being so focused upon the screen that the aperture will be flooded with light and affect the sensitive surface of the film uniformly over the exposed area ; the purpose of limiting the area of exposure to the area of the slit aperture being to prevent diffusion of light rays beyond the direct image of the aperture. The photographic film at the point where it passes behind the apertured screen moves continuously at a uniform speed, so that when the light remains constant there will result a continuous band of uniform width and density throughout, but as the intensity of the light rays vary in accordance with the varying impulses in the circuit produced by the sound waves impressed on the receiving diaphragm, the density of the band will vary in the direction of movement of the film to a greater or lesser degree than the normal. In other words, when the light remains constant the density of the exposed area will be the mean density, and as the diaphragm vibrates due to sound waves impressed thereon and producing the varying electrical impulses in the circuit, this density will increase to maximum and then decrease to minimum and back to mean density for each complete vibration or cycle. This, owing to the rapidity of the vibrations, results in a record having the appearance of successive lines or stripes extending crosswise of the record band, the lines (in a negative) shading gradually from mean to maximum and then through the mean to minimum and back again to man density, giving the appearance of waves throughout the length of the record band, and the lines or points of greatest density indicating the crests and the points of least density the hollows of sound waves corresponding to the vibrations of the diaphragm. To reproduce such a record, I employ a method (which is the subject matter of the present application) in which light rays of constant luminosity are projected through an apertured screen similar to the screen employed in making the record, and the record film is moved constantly at a uniform speed in such relation to the aperture, that only an area equal to the area of the aperture will be exposed to the light rays, and the light rays passing through the record film of varying opacity will be projected upon a light sensitive cell or plate, such as selenium. This cell is connected in an electric circuit connected with a sound reproducing device or telephone, and in accordance with the variations in light rays passing through the record, the light sensitive cell will produce variations in the resistance or cause varying impulses in said circuit to actuate said sound reproducing device or telephone. In the drawings, Figure 1 is a view partly in section and partly in diagram of the apparatus for reproducing talking motion pictures ; Figure 2 is a similar view showing a modified form of the sound reproducing part of the apparatus ; Figures 3 and 4 views of two forms of apertured screen for the sound record ; Figure 5 a sectional view of the solenium cell; Figure 6 a view partly in section and partly in diagram of one form of that part of the apparatus used for recording the sounds : Figure 7 a plan of a theater showing a stage, orchestra and balcony, with apparatus for taking and reproducing talking motion pictures ; Figure 8 shows an ordinary motion picture film with a single sound record indicated thereon ; Figure 9 shows a film with two records thereon, one on each side outside of the sprocket holes; Figure 10 shows a film of extra width affording space for larger picture and sound records; Figure 11 shows a modified form of film in which the picture and sound records are made while moving the film in a horizontal direction instead of vertical; Figure 12 is a view on a large scale of a portion of a sound record, having shading intended to show the gradual changes in translucency representing the sound waves. In Figure 1 is shown the film 1 as it passes through the picture projecting mechanism of the intermittent Nov. 16 . 1926. mumssit -<£A*^oCt^cm. feed variety, and then through the sound reproducing apparatus where the film moves constantly. The film may be fed downwardly from the upper reel 3 to the lower reel 4, the latter being provided with the usual "take-up" devices and friction drive pulley 5 with its belt 6, receiving its motion from some uniformly moving portion of the apparatus as usual, or if desired for long productions from some independent motor (not shown). Differential speed control is maintained as usual to insure the proper taking up of the lower portion of the film at a uniform speed irrespective of the varying diameter of the reel. In taking motion pictures a series of rapid exposures of successive spaces 'on the film are necessary, usually at the rate of sixteen per second, and with intermittent feed machines this speed cannot be materially increased without damaging the film or losing the light required for successful photography. This period oi exposure for each picture space is one-half of this sixteenth of a second, more or less, and the film must remain stationary during exposure. To im press a sound record upon this part of the film while it is subjected to such intermittent action is of course impracticable for obvious reasons. Furthermore during the periods of rest many frequencies of sound waves would be superimposed and blot each other out. More (Continued on page 30) Wrangle Over Basic Patents Waxes Hotter— Gen'l Talking and W. E. at Odds Wholesale swing of the industry to discs may prove the "'out" if higher courts sustain the claims of M. A. Schlesinger that he is entitled to damages by virtue of his ownership of the Ries patent, alleged by him to control sound-on-film recording and reproduction. One conclusion is certain. The tangle over basic patents will wend its way into the Supreme Court of the United States before the issue is determined. Described as shedding the first light on where control of the situation involving millions of dollars may rest, a decision, handed down late last week by Federal Judge Hugh M. Morris, in Wilmington, Del., vests in General Talking Pictures Corporation ownership of the Ries device, claimed by Schlesinger as the one basic patent of the many which figure in sound-on-film recording and reproduction. Opinion in the trade is divided over the significance of the decree. In Schlesinger's mind, no doubt apparently exists. Speaking for General Talking Pictures this week, he took the stand without qualifications of any nature that the key to the entire situation now rests in his hands as a result of the establishment of his title to the Ries patent. W. E. Not Perturbed On the other hand, Western Electric, in several statements, assumes the attitude there is nothing to get excited about. Notice of appeal has been filed in the United States District Court of Appeals for the Third Circuit, which sits in Philadelphia, While no further inkling is divulged as to the company's plans, it is regarded as a foregone conclusion that the battle will be carried through successive steps until the litigation finally reaches the Supreme Court of the land. Schlesinger claims the Ries patent is vital and that the sound-on-film method of recording and reproduction is not possible without the principle of the light beam coinciding with the slit through which the rays pass to the sound track. This, he avers, is the Ries patent. The Wilmington decision concerned itself with reproduction only, he stated. His plan on a definition by law of recording rights is not set at the minute, but Schlesinger is of the opinion that the^ decision handed down will prove sufficiently binding to cover recording as well. Moving on Fox Action The recording slant is involved in the long-pending action of De Forest Phonofilm against the Fox-Case Corporation. This suit was held in abeyance by agreement of attorneys, but now that the Wilmington case has been disposed of, Schlesinger says he is ready to go ahead. General Talking Pictures, an outgrowth of De Forest Phonofilm, takes it for granted (Continued on page 25)