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.
190
THE LAW OF MOTION PICTURES
Section 63. — Royalties in addition to salary.
Contracts of employment occasionally provide for compensation of the actor who poses for motion picture companies by salary and royalties based upon the earnings of the picture.216
If the contract is silent as to the period during which such royalties are to be paid, the actor is nevertheless entitled to them even where his contract of employment has expired by limitation; and his right to such royalties continues as long as the picture is exploited.
He may not, however, compel the producer to exhibit the film in which he has posed. A failure to exploit the picture merely relegates the actor to his remedy at law for damages for the breach, with the difficulty of establishing some basis upon which damages may be awarded.217
Section 64. — Law governing validity of contract.
Where a contract is made in a foreign jurisdiction, but is to be wholly performed within the United States, the interpretation and validity of the contract will generally be subject to review by the American courts. And the courts will not be ousted of jurisdiction by the contract of the parties between themselves.218
other the utmost good faith and the most scrupulous honesty.
216 Dressier v. Keystone Film Co. (1915), N. Y. Law Journal, Aug. 5th.
217 Benyakar v. Scherz (1905), 103 A. D. (N. Y.) 192. See also: Levison v. Oes (1917), 98 Misc.
(N. Y.) 260, containing a valuable discussion of the method by which future profits may be estimated as to motion pictures.
For additional cases, see Section 49.
21S Engel v. Shubert (1915), 166 App. Div. (N. Y.) 394; 151 N. Y.