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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1506 Frank L. Dyer, Direct Examination. part of the business. They were pictures that were made at the request of some outsider for a special purpose. Q. By "outsider" you mean someone not engaged at all in the motion picture business in any of its phases? A. Yes. For instance, the City of New York might want to have a picture taken showing the Street Cleaning Department. The Navy Department might want a picture taken, showing what a very pleasant life the American sailor leads. Manufacturers require pictures showing operations, for the purpose of impressing their customers. The National Cash Register Company has had a great many motion pictures made to illustrate questions of salesmanship. These were special pictures, the negatives being the property of the person or corporation for whom the picture was made. I remember the Southern Pacific Railroad Company had pictures made showing the development of the Texas lands. And there were quite a good many of them, but in the aggregate, compared to the amusement side of the business, they amounted to very little. The reason these particular conditions were imposed, was the same as in connection with the minimum price, the Edison Company being a competitor, could have gone out after this particular business and secured all of it at prices that the other licensees could not possibly have met, and it was felt that the price of a dollar per foot was reasonable. That would be only $500 for a five hundred foot subject, which would involve sending a man and a camera and an outfit, generally arc lamps, and so forth, sometimes to quite distant points. The price of fifteen cents was made higher than for the regular amusement pictures because generally not more than two or three copies were printed from these special negatives. But this part of the business was almost inconsequential. Q. I call your attention to the provision contained in Paragraph 17 of the same agreement, that no sales except for export shall be made except under certain terms and conditions, one of which is that the purchaser shall return to the licensor or licensee, as the case may be, from whom such positive motion pictures have been purchased, on the first day of every month, beginning with August 1st, 1908, an amount of positive motion pictures in running feet (not purchased over six months before) and of the make of the licensor or licensee, as the case may be,