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 (1912-1913)

Record Details:

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574 Motion Picture Patents Co. and Gaston Melies. for use in such machines; and (2) that the lessee shall not make or permit others to make any reproduction commonly known as a "dupe" of such positive motion picture or any other positive motion picture containing the invention of said reissued Letters Patent No. 12,192; and (3) that the lessee shall not sub-lease the same or any other positive motion picture on film of a greater width than approximately one (1 ! inch containing the invention of said reissued Letters Patent No. 12,192, for use in giving motion picture exhibitions, until such lessee has entered into an agreement in writing with the Licensor containing terms and conditions to he prescribed therein by it, and only while such lessee complies with all such terms and conditions and while such agreement remains in full force and effect; and (4) that the lessee of such positive motion pictures shall not remove1 the trade-mark or trade name or title therefrom; and (5) that the lessee shall return to the Licensee (without any payment therefor except the transportation charges incident to the return of the1 same) on tin1 first day of every month, beginning with July, 11)12, an amount of positive motion pictures (on film of a greater width than approximately one (1) inch) in running feet (not leased by the Licensee over six months before) and of the make of the Licensee, equal to ninety per cent. (90%) of the amount that was so lea sed during the seventh month preceding the date of each such return, with the exception, however, that where any such posi five motion pictures are destroyed by fire or lost in transportation, and proof satisfactory to the Licensee is furnished as to such destruction or loss, the amount so destroyed or lost shall be deducted from the amount to be returned as aforesaid; and (C>) that the violation of any of the foregoing conditions, including the terms and conditions of the agreement referred to in condition 3 above, entitles the lessor to immediate possession of such motion picture without liability for any price which flu1 lessee, or the1 person in whose possession it is found, may have paid therefor. The Licensee further covenants and agrees that in the "lease territory aforesaid" the Licensee will not discriminate in favor of any lessee, or place upon any motion pictures any restrictions, other than those specified in this paragraph and Paragraph 15, unless authorized by the Licensor. 2(J. The Licensee covenants and agrees that in the "lease territorv aforesaid" the Licensee will dispose of positive motion