The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

Record Details:

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ORIGINAL PETITION^ EXHIBIT 3. 65 offered for lease in the regular order of business, shall constitute a '^ standing order" within the meaning of the scale of prices aforesaid or any substitute therefor hereafter adopted, said standing order to remain in force for not less than fourteen (14) consecutive days; and the parties hereto further mutually covenant and agree that the minimum price at which any additional positive motion pictures shall be leased, ^n the ^' lease territory aforesaid," subsequent to the filling of a standing order, shall be the same per running foot as the pictures furnished on such standing order, unless otherwise provided for in the scale of prices aforesaid or any substitute therefor hereafter adopted. All positive motion pictures which may be hereafter leased in the '' lease territory aforesaid," to persons not having a standing order, as above defined, shall in every case be leased at not less than the list price mentioned in said scale of prices or any substitute therefor hereafter adopted, except it be otherwise provided by a majority vote of the Licensee and the several additional licensees hereinafter provided for, or such of them as may at the time be licensees, on the basis of one vote for each thousand running feet of new subjects, on film of a greater width than approximately one (1) inch, offered for lease or sale in the ^'territory aforesaid" by each licensee during the year preceding the taking of such vote, and except as provided for in paragraph 12 as to ^^ special motion pictures." 11. The Licensor and Licensee further mutually covenant and agree that positive motion pictures made by or for the Licensee and unsold prior to the date hereof, shall be subject to the scale of prices aforesaid and shall be leased in the ^Uease territory aforesaid" at not less than the prices fixed in said scale for positive motion pictures as provided for in paragraphs 9 and 10. 12. The Licensor and Licensee further mutually covenant and agree that in the case of so-called ^^ special motion pictures" (where it is agreed by the Licensee that the negative shall be the exclusive property of the person ordering the same, although remaining in the care and custody of the Licensee, and where positive prints therefrom shall be made from time to time on the order of such person), the price to