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for the plaintiff and he paid us the compliment of publicly declaring his very high opinion of the Hepworth films.
His junior, in outlining the cause of complaint, listed the many wickednesses of the mythical Mr. Montague and among the other evils he said, ' — he even seduced his typewriter.' Phillips Oppenheim was sitting next to me in the court and I heard him mutter in a loud stage whisper, 'Typist, my dear fellow. Typist. You can't seduce a typewriter.'
Luckily, not only for us but for all other film-makers, the case was lost. If it had succeeded we should all have been at the mercy of anyone, honest or otherwise, who chose to consider himself defamed by some description in a film.
Here is another film case which, unluckily for us, we lost, but whether it was fortunate or unfortunate for the film trade as a whole is a moot point. If we had succeeded it would certainly have had immense and far-reaching effects throughout the whole industry.
We were employing, for the most part, completely unknown artists in our films and of necessity publicising their appearance and skill. When the time came when we wanted to advertise them, both on the screen and in the press, by posters and by 'stills,' I foresaw that what was beginning to happen to other firms would certainly happen to us. An actor had the value which was due to his own good work. He also had a fortuitous value, not contributed by him, and due to the money spent in advertising him. That accumulated value he was free — unless, and only for so long as, he was under contract — to sell to any rival firm for as much as he could get. His new firm would, of necessity, add to that increased value and the process would go on, higher and higher, until the producers were impoverished and the actors near millionaires. That, indeed, has largely come to pass and it is one of the reasons why the film production industry is nearly always in difficulties.
My panacea was probably not a good one. I suggested that unknown actors should receive a nom-de-guerre, a pseudonym, which should be our property and under which we would advertise him without risking the loss of all we spent on him if he should migrate to a rival firm. The suggestion was submitted to the unknown actors who seemed to consider it fair, and also for counsel's opinion, which also was that it was fair and could be upheld. Consequently John McMahon became John MacAndrews, Kaynes became Jack Raymond, Wernham Ryott
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