British Kinematography (1948)

order) does not acquire the copyright in it, so he cannot reproduce it by making copies of the book, or by making photographs of the portrait unless he has obtained a licence or an assignment of the copyright. Copyright may be assigned either wholly or partially, and either generally or subject to limitations as to any place to which the Copyright Act, 1911, extends, and either for the whole term of the copyright or any part thereof, and the owner of copyright may grant any interest in the right by licence, but no such assignment or grant shall be valid unless it is in writing signed by the owner of the right or by his duly authorised agent. Provided that where the author of a work is the first owner of the copyright therein, no assignment of the copyright, and no grant of any interest therein, made by him (otherwise than by Will) shall operate to vest in the assignee or grantee any right with iespect to the copyright in the work beyond the expiration of 25 years from the death of the author, and any reversionary interest after the termination of that period shall on the death of the author, notwithstanding any agreement to the contrary, devolve on the author's personal representatives as part of his estate. This proviso would hardly affect the right to grant assignments or licences of copyright in kinematograph films because the author would not be the first owner of the copyright. Entitlement to owners of Copyright The result is, that the owner of copyright may retain part of his rights, and may assign other parts. So he can assign the stage rights to one person and the film rights to another. And he may grant a licence to make a film of the work, either exclusively or not, and an assignment or licence may be limited in territorial operation. So that there may be assignments or licences granting exclusive performing rights in plays to one person say in Iyondon, and to some other person in the provinces. If it is desired to acquire the sole rights throughout the wrorld, to make a film play from a particular work, this must be expressly mentioned in the agreement, otherwise it may be found that other persons have similar rights, or exclusive rights in particular areas, and it has been held8 that where a licence was given to produce a work " in moving pictures " this did not authorise the production of a sound film of the work, though the learned Judge in that case said, that " kinematograph films " would include sound films and " kinematograph rights " would include the right to make sound films. On the other hand, if it is intended to limit the rights to be assigned, this also should be clearly stated, and it was held9 that where an assignment gave the assignee the exclusive right of production in Great Britain and her colonies of the next three plays to be written by a certain famous French dramatist (M. Sardon), the assignment included the kinematograph rights also. And in another case 10, an assignment of " entire rights for the United Kingdom, the United States of America and the Dominion of Canada " in the play • • The Scarlet Pimpernel," was held to include the kinematograph rights. Infringement of Copyright A very important aspect of the subject to this Society is the question of infringement of copyright. It has already been .explained that copyright is the sole right to do certain things and the sole right to authorise others to do such things. Copyright is infringed by any person who without the consent of the owner of the copyright, does anything, the sole right of which is vested in the owner. But there is no monopoly in the subject matter of a work, and if it can be shown as a matter of fact, that two similar works were produced quite independently, then the author of the first work cannot