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20
THE LAW OF MOTION PICTURES
story not in narrative form, but by words giving directions as to acting and display of emotions, it is as truly a dramatic composition as a work narrating a story in the form of dialogue.26
977; Chappell v. Fields (1914), 210 Fed. (C. C. A.) 864; Savage v. Hoffman (1908), 159 Fed. (C. C.) 584; Fuller v. Bemis (1892), 50 Fed. (C. C.) 926; Bishop v. Viviana & Co. (Eng.) (1909), Times, Jan. 5. For additional cases see Section 148.
25 Daly v. Palmer (1868), 6 Blatchf. 256: A scenario is a dramatic composition under the description given in this case. “A dramatic composition is such a work in which the narrative is not related but is represented by dialogue and action. Where a dramatic composition is represented in dialogue and action by persons who represent it as real, by performing or going through with the various parts or characters assigned to them severally, the composition is acted, performed, or represented; and if the representation is in public, it is a public representation. To act in the sense of the statute is to represent as real, by countenance, voice or gesture that which is not real. A character in a play who goes through a
series of events on the stage without speaking if such be his part in the play, is none the less an actor in it than one who, in addition to motion and gestures, uses his voice. A pantomime is a species of theatrical entertainment in which the whole action is represented by gesticulation without the use of words. A written work, consisting wholly of directions set in order for conveying the ideas of the author on a stage or public place, by means of characters who represent the narrative wholly by action is as much a dramatic composition designed or suited for public representation as if language or dialogue were used in it to convey some of the ideas.”
The Circuit Court of Appeals in Daly v. Webster (1892), 56 Fed. (C. C. A.) at p. 486, approved of the excerpt of the opinion of Judge Blatcliford quoted above.
Fuller v. Bemis (1892) , 50 Fed. (C. C.) 926: “It is essential to such a composition that it should tell some story. The plot may be