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Wright Field Referent l Main Branch
BRITISH
HINEMATOGRAPHY
The Journal of the British hinematograph Society
VOLUME TWELVE, No. I. JANUARY, !948
THE LAW OF COPYRIGHT AND THE FILM
Arthur Krestin, LL.B.*
Read to the British Kinematograph Society on October 8th, 1947
AKINEMATOGRAPH sound film consists of a series of photographs which, when projected upon a screen in rapid succession, give the illusion of motion. The film usually incorporates a sound track which produces dialogue or music synchronised to the motion.
Although this Society is primarily interested in the law of copyright so far only as it affects kinematograph films and photographs, the subject cannot be confined to narrow limits for, as will be seen later, a kinematograph film may involve all the subject matters of copyright, namely — literary works, dramatic works, musical works and artistic works, and so, in order to understand the subject of this paper, it is necessary to consider it in broad detail.
Scope of Copyright
By the Copyright Act, 1911, " copyright " means the sole right to produce or reproduce in any material form whatsoever an original literary, dramatic, musical and artistic work or any substantial part of such work, to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public, and if the work is unpublished to publish it or any substantial part of the work. It includes the sole right to produce and publish translations ; in the case of a dramatic work, to convert it into a novel or other non-dramatic work ; in the case of a novel or other non-dramatic work, or of an artistic work, to convert it into a dramatic work, by way of performance in public or otherwise ; and in the case of a literary, dramatic, or musical work, to make any record, perforated roll, kinematograph film, or other contrivance by means of which the work may be mechanically performed or delivered. It also includes the right to authorise any such acts. In the case of dramatic and musical works, copyright protects not only the written work itself, but also the performing rights.
Works entitled to Copyright
The definition refers to every original literary, dramatic, musical and artistic work* and we must see what is meant by the word original. Ideas or opinions are not the subject matter of copyright, but only the form in which the ideas or opinions are expressed, so that the originality referred to is the execution or form of the work. It is not necessary that the work
QN * Cinematograph Exhibitors' Association of Great Britain and Ireland
o5 Property of U. S. Army
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