United States of America v. Motion Picture Patents Company and others (1914)

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72 duced by the counsel for the Government for the express purpose of showing that Mr. Edison does not make the extravagant claims for which the counsel for the defendants in this case so stoutly contend. Mr. Edison stated: I did not regard the film as a part of my invention ; I looked to the people who made it for that. (VI, 3309, fol. 2.) In spite of this statement by Mr. Edison, defendants say in their answer: " The films that Edison sold embodied his inventions only." (Ans. Pat. Co., fol. 91. See also fols. 101 to 105.) In the answer page 11, fol. 22, they say: " The film contains one essential invention, Edison's only.'' (See examination of Mr. Marvin on this point, I, 228-232.) The term " Edison film " is used on the diagrams (defendants' Exhibits Nos. 180 and 181, VI, 3266) in a misleading manner. The term is applied to the film as it appears in the diagrams although nothing is done to the film after it is bought from Eastman except to place it in the camera. (See cross-examination of Mr. Marvin in respect to the use of this term, VI, 3278, et seq.) The Vitagraph Company copyrights every picture. (Defendants' main brief, p. 381; Smith, III, 1784.) A copyright does not protect the owner from violation of the Sherman Act. Straits v. American Publishers Assn., 231 U. S., 222 (see