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180
THE LAW OF MOTION PICTURES
Section 58. — Workmen Compensation Acts.
Most of the states as well as the federal government have enacted compensation acts.
Actors who are engaged to pose in motion pictures as well as directors, camera men and the other employes of the studio probably come within the protection of the statute in a number of states. In each instance it is always a question of the construction of the statute involved.198
The interesting question arises whether an actor employed in a state where a workmen’s compensation act is in force with respect to members of the theatrical profession can enforce his rights under the act against his employer when the injury occurs without the state while he is en tour.
The question is ordinarily one of construction of the statute. In Massachusetts the court following the English rule 199 has held that the statute has no extraterritorial
commission was held enforcible where theatre had been torn down and re-built.
198 See Bulletin No. 203 (January, 1917), of the United States Department of Labor; Bureau of Labor Statistics, entitled “Workmen’s Compensation Laws of the United States and Foreign Countries” for the text of all the statutes in force at the present time.
See also: Bulletin No. 2 (Jan., 1913, p. 5), of the Massachusetts Industrial Accident Board on
the question whether vaudeville actors come within the provisions of the Massachusetts statute.
See also for recent New York Statute, Laws of 1916, Chap. 622, Group 40. Entitling to compensation those engaged in “printing, engraving, photo-engraving, stereotyping, electrotyping, lithographing, embossing, manufacture of moving 'picture machines and films. . .
199 Tomalin v. Pearson (Eng.) (1909), 2 K. B. 61; Schwartz v. India Rubber (Eng.) (1912), 2 K.