The law of motion pictures (1918)

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208 THE LAW OF MOTION PICTURES under no obligation to make a production of the picture, unless the contract especially covenants him to do so. If the acceptance of the work is contingent upon the satisfaction of the producer, the latter may reject the scenario for any cause he sees fit.5 Where the scenario writer leaves the employ of his company, he may subsequently make use of any and all ideas which he may have acquired in the course of his employment. He may even go to the same sources for information and ideas which he had made use of while so employed, and he may later develop them in any way that he sees fit — provided that such sources are not the property of his former employers.6 But where the scenario writer has reduced to writing while in such employment, any ideas whatsoever, whether the material has been developed in the form of scenario or not, such writings, whether complete or in unfinished narrative form, are the absolute property of his former employers.7 The writer is engaged specifically to write this kind of material, and it is well settled that as soon as the material 5 Glenny v. Laqj (1888), 1 N. Y. Supp. 513; Crawford v. Mail & Express Pub. Co. (1900), 163 N. Y. 404 ; 57 N. E. 616; Peverly v. Poole (1887), 19 Abb. N. Cas. (N. Y.) 271; Kendall v. West (1902), 196 111. 221; 63 N. E. 683; Saxe v. Shubert (1908), 57 Misc. (N. Y.) 620; 108 N. Y. Supp. 683; Weaver v. Klaw (1891), 16 N. Y. Supp. 931. For additional cases, see Sections 16 and 38. 6 Peters v. Borst (1889), 9 N. Y. Supp. 789; reversed 142 N. Y. 62; 36 N. E. 814; upon another ground: Colliery Engineer Co. v. United Corresp. Schools (1899), 94 Fed. (C. C.) 152. 7 T. B. Harms v. Stern (1915), 222 Fed. (D. C.) 581.