The law of motion pictures (1918)

464 THE LAW OF MOTION PICTURES may be assigned only when the work to which it attaches is likewise assigned. In the eyes of the law it has no separate existence. The author or proprietor of a literary product may not part with his rights to the work, and still reserve his right to the title thereof to the exclusion of the whole world. He may, however, part with a portion of his right to the work and still keep his exclusive right to the title. Thus, the owner of a play may assign to a third party his motion picture rights to the play, and he may at the same time under a negative covenant reserve the right that the motion picture be not produced under that title. In that event, his right to the title still remains exclusive. He may also permit the licensee to use the title for the motion picture, and yet retain his right to exploit the play under its old title. In such case both he and his licensee have exclusive right to the title, each for his particular work. In other words, as long as some right to the original work remains, the title may be reserved. When all rights in the work are sold, the right to the title likewise ceases with respect to the original owner, and passes to the assignee. Indeed, the latter may even enjoin his own assignor from the use of the title. Where the proprietor of the rights in the work dies, the property in the work passes either by bequest or descent, and the right to the title passes with it as an incident thereto. The title need not be specifically bequeathed; it will pass to the legatee with the work itself. In like manner the right to the title passes to the trustee in bankruptcy where he succeeds to the rights in the work.