Brief for the United States (1914)

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74 PART IV. tributed each week throughout the United States and subsequently displayed by thousands of exhibitors throughout the country. The combination of defendants was devised to restrain that commerce. Such positive films are not patented. Reissued letters patent No. 12192, made by defendants the basic patent of their combination, relates only to negative film. The positive film (which may be copyrighted by the producer and obtain the protection of the copyright laAv) is the product of the negative, being developed and printed from the latter. The dominion of the patentee does not include control over the product of the patented article unless new in a patentable sense. Defendants created the General Film Co. as a means for monopolizing the commerce of the rental exchanges in the manner hereinabove pointed out, and they are now maintaining and operating it mth the same unlawful intent. Between 70 and 80 per cent of the motion-picture film annually manufactured and sold in the United States is the product of the 10 Patents Co. licensees. This film is shipped by the manufacturers to some 52 branches of the General Film Co. scattered over the United States and distributed by the latter to approximaely 7,000 exhibitors. Independent manufacturers of film may not distiibute their product through the (general Film Co., which is the sole distributing agency of tlie Patents Co. licensees; exhibitors obtaining supplies of tihn from the Gen