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THE LAW OF MOTION PICTURES
An author may enjoin the exhibition of a motion picture which is purported to have been based upon his work when not so in fact.85 And it would seem that this right
53 Misc. (N. Y.) 383; 104 X. Y. Supp. 783. It was here held that a producer of a play who agreed that no additions or alterations would be made without the consent of the author would be enjoined from making any unauthorized change or modifications in the text or structure of the work.
Lowenfeld v. Curtis (1896), 72 Fed. (C. C.) 105. Plaintiff made an agreement with defendant giving defendant a license to produce a play entitled “Gentleman Joe.” The contract provided :
1. That no alterations or additions were to be made without the written consent of the plaintiff.
2. That the names of the artists who were to be engaged were to be submitted for the approval of the plaintiff.
Upon motion for an injunction it was held with respect to (1), “Additions to the play . . . are wholly unwarranted, except upon the written consent of the complainant. Defendant was entitled to produce the play only
in strict conformity to the manuscript and score.” The court also intimated that any alterations of the play would have violated the terms of the contract; with respect to (2) that failure to submit names of performers to plaintiff was a breach which entitled plaintiff to an injunction.
85 Clemens v. Beford (1883), 14 Fed. (C. C.) 728. “An author of acquired reputation and perhaps, a person who has not obtained any standing before the public as a writer, may restrain another from the publication of literary matter purporting to have been written by him, but which, in fact, was never so written. In other words no person has the right to hold another out to the world as the author of literary matter which he never wrote ; and the same would undoubtedly apply in favor of a person known to the public under a nom de plume, because no one has the right either expressly or by implication falsely or untruly to charge another with the composition or authorship of a literary