In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

Record Details:

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Agreement, Patents & Gaumont Cos. 411 (5) That the violation of any of the foregoing condi ■*tions, including the terms and conditions of the agreement referred to in 3, entitles the lessor to immediate possession of this talking motion picture without liability for any price which the lessee or the person in whose possession it is found, may have paid therefor. The Licensor further covenants and agrees to use all possible diligence in licensing exhibiting or projecting machines now in use in the United States, its territories and possessions (with the exception of its insular possessions and Alaska), embodying any or all of the inventions described and claimed in the said Letters Patent Nos. 578,185; 580,719; 586,953; 588,916; 673,329: 673,992; 707,931; 722,382; 714,251; 770,937; 771,280; 785,205 and 785,237. The Licensee further covenants and agrees that it will not discriminate in favor of any lessee, or place upon any "talking motion pictures'' any restrictions, other than those specified in this paragraph and pararaph 15 thereof, without the consent of the Liconsor. 8. The Licensee further covenants and agrees not to 0 use, in the production of negative or positive "talking motion pictures," under this agreement, the negative or positive motion pictures (or reproductions commonly known as "dupes" of the negative or positive motion pictures) of any other manufacturer or person, firm or corporation, whether the same have or have not been copyrighted in the United States or in any foreign country. 9. The Licensee further covenants and agrees that when leasing any "talking motion picture" with the sound record provided by the Licensee for such "talking motion 4 picture" to any lessee for the purpose of sub-leasing by such lessee, it will charge for the film alone not less than ten per cent. (10%) more than the minimum leasing prices which the Licensor has established or may hereafter establish for the lease of motion pictures without sound records by any of its additional licensees under the said reissued Letters Patent No. 12,192, and that it will charge not less than the dealers' rates for the sound records to be used Avith such film and for any advertising matter supplied with such "talking motion picture." The Licensor covenants