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212
THE LAW OF MOTION PICTURES
but he has not directed the picture, he may enjoin such use of his name.14 Where he has directed a picture, and the producer or distributor places another name thereon, he may restrain the production.15
The director, being responsible to his employer for the proper filming of the picture, is given wide discretionary powers. He may alter the sequence of the taking of scenes; he may make changes in the scenario, eliminate scenes, change about the cast and in general, supervise and conduct the production to meet with his individual notion, taste and judgment.
The director cannot be delegated by the producer to do other work, and his refusal to perform work other than
to upon making out his case before the trial court. As the condition of the calendar is such that a trial may be had speedily, the risk of damage to the plaintiff is not in my judgment sufficient to require what would in effect be a determination in his favor prior to the taking of proofs. Motion denied.”
14 The “Mark Twain ” Case (1883), 14 Fed. (C. C.) 728. “So, too, 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.”
Drummond v. Altemus (1894), 60 Fed. (C. C.) 338. Here defendant published what purported to be a series of lectures delivered by the plaintiff entitled: “The Evolution of Man; being the Lowell lectures delivered at Boston, Mass., April, 1893, by Professor Drummond.” The court restrained him. See also Section 12.
15 DeBekker v. Stokes (1915), 168 A. D. (N. Y.) 452; 153 N. Y. Supp. 1066; Crooks v. Petter (Eng.) (1860), 3 L. T. Rep. (N. S.) 225. See also Section 12.