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THE LAW OF MOTION PICTURES
But where the defendant had, after the making of his contract with the plaintiff, sold some of his rights to an innocent third party, equity would not decree specific performance.15
Section 76. — Advertising matter, programs, bill-posters.
The methods of advertising productions of both plays and motion pictures have been gradually extended, until they have reached a stage where they embrace every known form of publicity medium. The usual and customary mode, however, is by the old-fashioned billboard, the poster and newspaper.
On the other hand, quite an industry has been built up for the advertising of merchants so as to reach the theatre audiences by means of programs, curtain displays and motion picture slides.
A contract with a lithographer for the making of posters has been held to be one for work and labor, in one state,16 and one for goods sold and delivered in another state.17
v. Celebrated Players Film Co. (1914), 214 Fed. (D. C.) 861; Gillingham v. Ray (1909), 157 Mich. 488; 122 N. W. Ill; Tree v. Bou'kett (Eng.) (1896), 12 T. L. R. 181. See Section 74, footnote 5, for excerpts from above cases. See also Section 18.
15 Davis v. Epoch Producing Co. (1915), 91 Misc. (N. Y.) 631; 155 N. Y. Supp. 597.
16 Central Lith. v. Moore (1889), 75 Wis. 170; 43 N. W. 1124. A contract to manufacture litho
graphs and engravings as advertisements for a theatrical manager held to be not a sale, but a contract for work and labor.
And where, after the work was completed and set aside for the manager, and he did not come for it, and the goods were destroyed by fire, the plaintiff was permitted nevertheless to recover as for work and labor.
17 Bien v. Abbey (1891), 13 N. Y. Supp. 286. In an action for goods sold and delivered,