The law of motion pictures (1918)

206 THE LAW OF MOTION PICTURES acting as an intermediary only, and while he creates something, that which he creates belongs to his employer and not to him. The above is subject to one exception, however, for should the film producer multiply the scenario in copies for sale, and should he, in the process mutilate it to any appreciable extent, the scenario writer would undoubtedly have the right to seek redress, as this would be an invasion of his common-law rights, which he has not lost.2 Also, where he has so contracted, he may enforce the display of his name upon the picture and billing matter.3 It must be remembered, however, that his common-law rights are limited to the scenario alone. It frequently happens that a scenario writer goes out of his way to plagiarize from another work or picture, to libel another, to invade a private right or to write that which is obscene or indecent. In such case the rule of respondeat superior applies. Many scenario writers have adopted the system of doing independent work for one or several companies. They are usually given a novel or play and told to turn it into a scenario. Where the contract provides that no compensation is to be paid for the scenario until the picture is actually produced, the scenario writer may not recover until there is an actual reproduction, nor may he compel such a reproduction. In Canada, it was held in Morang v. LeSueur that an author who sold his manuscript to the publisher without 2 See Section 12. August 25th, Mullan, J. See ex 3 Brennan v. Fox Film Corp. cerpt from opinion under Section (1916), N. Y. Law Journal, 73.