Film Spectator (1927-1928)

Page Twenty THE FILM SPECTATOR July 23, 1927 What You Should Know About the Law LETTERS Compiled by Attorney Roger Marchetti According to a recent decision handed down by an Amsterdam court, a performance given on board a liner entitles a composer or author to his fees, the law of copyright applying at sea as well as on land. The Amsterdam court, at the same time, made two interesting decisions: First, that it was a public performance, and, second, that extra-territorial waters could be brought within the scope of national laws. Accordingly, a German composer, discovering that one of his compositions had been played during dinner on board a ship, promptly claimed his royalties. ♦ * * In a suit for infringement of complainant’s copyright, recently brought to hearing in a New York court, it w’as found that there could have been no appropriation of complainant’s ideas or literary form. It was charged by Joseph Grubb Alexander, Ernest R. Schayer, and Wilfrid North, complainants, that Sidney Howard had plagiarized Miss Lyon’s (deceased) plot The Full of the Moon in his play. They Knew What They Wanted. Judge Augustus N. Hand, after having heard the case and read both stories as published, together with rough draft of manuscript of the latter play, was of the opinion that events as set forth in both manuscripts where the incidents were similar, were not so uncommon as to give rise to any suspicion of a “steal”. Miss Lyon’s settings were on the order of Greek tragedy with characters of a highly romantic and tragic nature, whereas the characters in Mr. Howard’s story had the homely philosophy of people of their type in this period. The bill was dismissed with costs. * ♦ * It may be interesting to know just how much rope the courts will allow imitators. Two Eastern nut companies recently clashed in court over their trade-marks. One company put out a trade-mark and slogan in certain colors and used it for extensive advertising purposes for several years. Another company evidently considered the idea as one that could not be surpassed and adopted one very similar, altering only the figure in the oval and changing one word in the slogan, using the same colors. The defendant corporation claimed that it was purely accidental, but the court found “That the defendants have consciously followed the examples of the plaintiff and have adopted methods and practices similar to those of the plaintiff.” However, the plaintiff was denied relief by the presiding Justice in the following opinion: “My view is that the defendant did consciously follow the example of his older competitor and did adopt methods and practices similar to those of his successful rival. But I think he kept within his legal rights, although at some points coming dangerously near to crossing the line of legal safety.” This generous allowance on the part of the court, however, is a rare case, and not one to be considered as a precedent. Not only should the court protect the plaintiff in its rights, but the defendant, who has illegally attempted to imitate by unfair means his competitor’s business, should be restrained, and the public protected from deception. It is not necessary that the attempted simulation should be identical to constitute an infringement. * * * Robert Milton alleges, in a breach of contract suit recently filed, that he was to manage Fox film productions this season. He asks six thousand dollars damages. In a second suit, Robert Milton and Arthur Hornblow, Inc., jointly ask damages of twelve thousand dollars as commissions in obtaining screen rights to place motion pictures. In a third suit brought by the two plaintiffs individually, Mr. Milton and Mr. Hornblow demand seventeen thousand dollars, alleging that this amount is due for violation of contracts regarding “various theatrical ventures” on the part of Fox. « * * Through recent Roxy decision, an action on the part of the Association of Moving Picture Producers to prevent projection-room showings for the purpose of press reviews has taken place. Practical demonstration of its futility has been realized fully in the case of Cradle Snatchers (Fox). This picture was reviewed in the projectionroom, with the result that the papers gave the picture none the best of it, and as a matter of fact, the audiences have proven it to be one of the best laugh features the house had held. However, this action has effected a discontinuance of screening a picture prior to release since June 1st, thereby eliminating press showings. FRANK M. LEVETT Investment Advisor More than 20 years’ experience in Stocks and Bonds. Best of Wall Street references. iiic:iii Telephone DRexel 9914 Address mail care The Film Spectator. SHE DID GET HIM Dear Mr. Beaton: You complain that Miss Swanson did not get the same director for her Love of Sunya that was responsible _ for the old Eyes of Youth picture.' Well, she did. It’s a wonder you didn’t get as many publicity bromides as I did on this point, while the picture was in production. They were proud of themselves for their perspicacity in engaging Albert Parker. Parker did all he could. The difference was that Clara Kimball Young wanted a director and Miss Swanson wanted a gentleman-in-waiting. Having been able thus to correct you, the incorrigible Mr. Beaton, I feel like one of your Holljrwood bootblacks who proclaim “we are not stars, but we do shine”. I have just arrived in this quaint city from England, an addition to the already excessive company of writers about the screen. But I insist that I have a just claim to fame. I am positively the first screen critic to admit never having seen Hollywood Boulevard when it was a horse-track. I can not remember the days when Bill Hart was a bathing beauty, nor when Jesse Lasky played the cornet for Mrs. Lasky in pink tights. When Beverly Hills was a rendezvous for cows and sheep I was six thousand miles away._. Until now I have been living in the civilized world, and while I cast no aspersions on the refinements of this motion picture colony I suggest that a few critics to whom Hollywood Boulevard is just Hollywood Boulevard would be all to the good. What is wrong with the mass of screen criticism here is that it’s got Hollywood on the brain and has lost all standards of the outside world. Let me once hear a critic say he was in the bicycle trade in Amsterdam when Menjou was a Keystone cop, and I ] KEEP YOUR BODY FIT j WILLIAM FISHER j SCHOOL I OF I PHYSICAL CULTURE | I A pioneer school with { a national reputation | I One of the best equipped gjTnnas j iums in the West. | Only school on the Pacific Coast ( affiliated with the Actors’ Equity j Association. i 6412 Hollywood Boulev.\rd | GL.^DSTo^■E 5308 Res. HE. 4668 |