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EXHIBITOR — IN GENERAL
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Section 75. — Exhibitor — in general.
The relationship existing between the distributor and the exhibitor is that of licensor and licensee. The motion picture is rented to the exhibitor to be used by him at a stipulated place and for a stated time. Any use of the film at any place other than that agreed upon or at a time other than that specified, constitutes a violation of the license agreement, and subjects the exhibitor to an action for damages.8 The courts will also construe it as an infringement of the copyright.9 They have even gone to the extent of construing such an act as a conversion of the film.10
The exhibitor must use ordinary care in the handling
principal to recover moneys received by his agent from the leasing of films: Frohman Amusement Corp. v. Blinkhorn (1917), 178 A. D. (N. Y.) 431.
8 Fenning Film Service, Ltd., v. Wolverhampton, etc., Cinemas, Ltd. (Eng.) (1914), 3 K. B. 1171. Plaintiff agreed to lease a certain motion picture to defendants for a period of one week to be exhibited at certain specified theatres. Defendants agreed not to exhibit the film at any theatres other than those specified. The defendants exhibited the • film at theatres other than those agreed upon and announced their intention by posters and hand
bills of exhibiting the film at another theatre.
Held that in addition to its right to damages for breach of its contract plaintiff was entitled to recover damages under the English Copyright Act of 1911, as performances of the film at places other than those agreed upon constituted an infringement of plaintiff’s sole right to perform the work in public.
9 Fenning Film Service, Ltd., v. Wolverhampton, etc., Cinemas, Ltd., (Eng.) (1914), 3 K. B. 1171.
10 Biograph Co. v. International Film Traders (1912), 76 Misc. (N. Y.) 436; 134 N. Y. Supp. 1069. See summary of case under Section 78.