We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
WHERE MATERIAL WRITTEN BY MORE THAN ONE PERSON 39
erty.49 Unless, therefore, all the co-owners join in the grant of the motion picture rights, no exclusive rights can be secured. As a practical matter it is, for that reason, advisable to secure a grant from all claiming an interest in the motion picture rights in the work.
facture and sale or by granting to others licenses, or by assigning interests in the patent. . . . The separate rights of the other owners remain unaffected. They are equally free to use the invention in all legitimate ways for their individual profit. . . . Lalance & Grosjean Mfg. Co. v. Nat’ l Enameling & Stamping Co. (1901), 108 Fed. (C. C.) 77, follows Blackledge v. Weir.
Herbert v. Fields (1915), 152 N. Y. Supp. 487. Plaintiff sought to enjoin the production in motion pictures of a play ‘entitled “Old Dutch.” The libretto had been written by Smith, the lyrics by Hobart and the music by Herbert. The defendants Smith and Fields licensed a motion picture reproduction of the libretto, Herbert’s consent not having been secured. Held tha^ consent of Herbert was unnecessary.
See also: De Witt v. Elmira Nobles Mfg. Co. (1876), 66 N. Y. 459; Klein v. Beach (1916), 232 Fed. (D. C.) 240; aff’d 239 Fed.
(C. C. A.) 108; Dunham v. The Indianapolis R. R. Co. (1876), 7 Bissell, 223.
But see: Powell v. Head (Eng.) (1879), 48 L. J. Ch. 731; 12 Ch. D. 686; 41 L. T. 70. The part owner of a dramatic entertainment was here held to be unable to grant a license for its representation without the consent of all the other owners. Accordingly where the registered owner of an undivided part of the copyright of an opera alone granted a license for its representation, in an action by the other owners to recover a penalty under 3 & 4 Will. 4, c. 15, s. 2: Held, that having regard to that act and the act 5 & 6 Viet, c. 45, the license was illegally granted, and that the defendant was liable to pay to the plaintiffs one-half of the penalty fixed by the statute for each representation.
49 Nillson v. Lawrence (1912), 148 (N. Y.) A. D. 678; 133 N. Y. Supp. 293; Herbert v. Fields (1915), 152 N. Y. Supp. 487.