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THE LAW OF MOTION PICTURES
respect the rights of the producer are as sacred as the rights of the actor who played in it.
The distributor may not omit to release regularly as provided for in his contract, for the producer is entitled to have his pictures exhibited before the public at such stated intervals as he may deem compatible with his interest, and a distributor, by holding back the release of pictures, is in a position to seriously affect the standing and good name of the producer.
Where the producer has contracted for a certain size of type or display in the advertising of the picture, he may insist on receiving the same, and for a failure to receive it, may bring an action in damages. If the releasor distributes the picture with a name other than the producer upon the advertising matter, cause for injunction would be made out.
We have not discussed the situation of a producer who sells outright a number of positive films of motion pictures for use in various territories. “ State right” sales are often made, and where a lump sum is paid, the transaction is closed, unless by special contract the producer reserves the right to have the picture exhibited in a certain manner, and to have the same advertised along certain lines. Where those reservations are not made by contract, the distributor may exhibit the picture and advertise the same in any manner which will be most profitable to him.
Where third parties come in, within the states for which the exclusive rights have been granted, and infringe upon such picture, the distributor who has obtained the rights for that territory, may enjoin such infringers.