The law of motion pictures (1918)

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PUBLICATION 507 In Universal Film Co. v. Copperman,3i a motion picture was manufactured in Denmark. Copies of the film were sold to purchasers in different countries of Europe, and the contract of sale provided that the prints sold to the purchaser would not be exported or sold for export to any other country; i. e., the right to represent the photoplay was limited to the country wherein the sale took place. The film was not copyrighted in any of the countries wherein it was sold. Subsequently to such sales and on November 10, 1912 the photoplay was copyrighted in the United States, but in the preceding September one of the prints had been purchased by one of the defendants in England without any knowledge of the restriction contained in the original contract of sale. This film was exhibited in the United States before copyright registration. The Band Begins to Play,” had the same printed in sheet music form and placed 200 copies in the hands of Wrippert & Co., music dealers in London, for sale, with written instructions not to sell any of them until Sept 11, 1871. He came to the United States and secured copyright on Sept. 9, 1871. Before leaving England he had exposed for sale copies of the song without the music. Held that there was a publication and a dedication to the public. Holmes v. Donohue (1896), 77 Fed. (C. C.) 179. The publication in a magazine of a story in serial form without first depositing the title as required by the then existing statute was held to be a dedication of the work. 34 Universal Film Co. v. Copperman (1914), 212 Fed. (D C.) 301; aff’d 218 Fed. (C. C. A.) 577. See in this connection: Daly v. Walrath (1899), 40 A. D. (N. Y.) 220. Where there had been publication of the work in Germany all common-law rights were destroyed.