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WHERE BASED UPON A NOVEL OR HISTORICAL WORK 11
picture rights, but also obtain a covenant from the licensor, i:i which the latter agrees to refrain from continuing the stage performances during the period of his license.
Section 2. — Where the motion picture is based upon a novel or historical work.
With the coming in of the so-called “feature films” film producers soon found that their chief source of material for such films, to wit: dramatic compositions, was rapidly becoming exhausted. They naturally turned for new material to novels and historical works; and these have now become a prolific source of motion picture feature film material.
The question at once arises as to who may grant the motion picture rights to such works. A motion picture reproduction of a novel being a dramatization, the motion picture rights are vested in the owner of the dramatic rights.12
As between the author and the publisher it is always a question of contract in each case whether the author has retained or parted with his dramatic rights. A mere license to publish does not' give any performing rights to the publisher.13
Under the Copyright Law the owner of the copyright
12 Photo Drama Motion Picture tion of the novel with living Co. v. Social Uplift Corp. (1915), actors upon the stage, and the 220 Fed. (C. C. A.) 448, which right to reproduce the novel in holds that the grantee of the ex motion pictures, elusive dramatization rights to a 13 Williams et al. v. Feldman, novel acquires two distinct rights : (Eng.) (1913), Times, Oct. 18.
the right to make a play produc