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WHERE PICTURE IS BASED UPON A NEWS ITEM 23
It frequently happens that in vending his wares the scenario writer sends copies of the same work to a number of motion picture producers. Several of the producers purchase the scenario, each not knowing that some other producer has purchased the same work. The first purchaser in point of time will be the owner of the scenario, for at the time that the other producers accept the offer of the scenario writer, there is nothing that they can purchase, the author having been divested of his title to the scenario by the prior purchase of the work.
Section 5. — Where the motion picture is based upon a news item.
It is well settled that the facts and ideas contained . in items in the daily newspapers, and held out to be statements of fact, may be appropriated and used in any manner by any one of the public.30 The phrase above
dramatic piece to another in which he said: “to let you have my drama” assigned all the rights in the drama.
30 Tribune Co. v. Associated Press (1900), 116 Fed. (C. C.) 126, and cases cited therein. In Davies v. Bowes (1913), 209 Fed. (D. C.) 53; aff’d 219 Fed. (C. C. A.) 178, the court said: “All that was ever copyrighted regarding this tale was the form of telling, the sequence and choice of words and arrangement of sentences coined by the plaintiff. . . .” See also: Associated Press v. In
ternational News Service (1917), 240 Fed. (D. C.) 983; aff’d June, 1917, opinion by Hough, J.; Walter v. Steinkopff (Eng.) (1892), 3 Ch. 489; Springfield v. Thame (Eng.) (1903), 89 L. T. 242; Press Association v. Northern, etc., Agency (Eng.) (1910), Times, Dec. 8.
See in this connection: Exchange Telegraph Co. v. Howard (Eng.) (1906), Times, Mar. 22. A news agency has a property right in unpublished news, and may prevent a rival agency from stealing the same.