MOVING-PICTURE RIGHTS

The tremendous development in the moving-picture business has

created a demand for dramatic films taken from long stories, or for

a reproduction entire of short stories, which offers an entirely new

and unexpected revenue to both publisher and author. Moving-pictures

have passed from the experimental period into an institution. The

reproduction entire of certain famous stories has given to the

enterprise a dignity which no one could have predicted, and the outlet

they offer for a by-product is considered perfectly legitimate.

All this produces new conditions in the relations between author and

publisher, and many new questions have arisen which neither one may

have anticipated at the time the contract was drawn. It is still

necessary to have interpretations of the laws governing dramatic

regulations, and of the rights involved.

It has been the practice of the moving-picture producer to buy his

plots outright, but with the new knowledge which has come to the

writers of scenarios and plots of the real value of these when once

assured of success, has also come a realization of the advantages of

making royalty arrangements instead of selling outright.

As far as the future is concerned, authors should familiarize

themselves with the various intricacies of this particular field before

signing contracts, making sure that the contract clearly defines

the exact basis of what they part with and what they retain, or the

percentage of ownership which the author holds in any one of the

various rights.

The following excellent summary is supplied by the "Authors' League" to

its members:

"While the business of motion photography is by no means new, it

is only within comparatively recent times that there has been a

general demand for scenarios and plots. Within the last two or

three years authors have found a new and unsuspected source of

revenue in the sale of 'Cinema' rights to their short stories,

and, although the returns were usually small, they formed a

welcome addition to the writer's income. Prices frequently

depended more upon the advertising value of the author's name

than upon the character of the material, and ranged from $15 to

$150; nevertheless, many persons not engaged in the usual forms of

literary work have reaped a substantial harvest from that source.

Until recently, subjects have been commonly confined to one reel

of 1000 feet in length, but owing to the rapid development of

the motion-picture business there has arisen a demand for more

pretentious photoplays, for 'feature films' of multiple reel

length, and, in consequence, many famous books and dramas have

been, and are being, photographed.

The demand is logical and promises to be permanent, hence the

producer finds himself in need of good subjects, and the author is

beginning to recognize his photoplay rights as something more than

an insignificant by-product of his labor.

It has been the picture-producer's practice to pay cash for his

plots, but royalty arrangements covering 'feature films' are

now being made. The latter method has its drawbacks, for, owing

to the existence of a middle-man, it is more difficult for the

photo-playwright to share in the full returns of his work than

it is for the author of a book or play. The book-publisher or

theatrical-producer distributes his goods directly to the public,

and the author receives a royalty on the retail price of the book

in the one instance, and on the box-office receipts in the other.

The motion-picture manufacturer, on the contrary, does not sell

his films to the theater or to the public, except in certain cases

noted later, but to an 'exchange' or series of exchanges, which in

turn leases to the exhibitor. Under this practice, therefore, the

author receives a percentage only upon the rental or purchase price

paid by the exchange to the manufacturer.

The exceptions above referred to, under which the author may more

nearly share in the full returns from his photoplay, is when state

rights, foreign rights, etc., to 'feature films' are sold or leased

for cash, without passing through the hands of the exchanges, or

when the producer elects to exhibit his films in his own or leased

theaters. It may be seen, therefore, that while a sale on a royalty

basis is in some ways unsatisfactory from the author's standpoint,

it is on the whole preferable to a cash sale.

The exchanges are, in effect, circulating libraries, which

distribute reels of film instead of books. The results are similar

to those arising from the English library system, under which large

book sales are almost impossible, and under which neither author

nor publisher profits greatly from a book's popularity. There is

this difference, however: the publishers of Great Britain do not

own the libraries, while in this country the exchanges--at least to

a great extent--are owned by the manufacturers.

Since many writers are totally unfamiliar with the conditions

of the trade, a word of explanation may be of value and avoid

bewilderment. Broadly speaking, the motion-picture field is

occupied by two factions--the 'licensed' manufacturers, with their

own exchanges and exhibitors, and the 'independents.' The former

are composed of ten producing firms, the patents and rights under

which they operate being vested in a holding company--The General

Film Company--which is the sales-agent for all regularly released

films of the coalition, and has about fifty branches. These

manufacturers make only 'licensed' films, and distribute their

regular releases only through the general film company, which in

turn leases exclusively to licensed theaters, of which there are

about 10,000 in this country.

The remaining producers, exchanges and exhibitors comprise the

independents.

When an ordinary film of 1000 feet is made, it is released for

exhibition on a given date, and is then termed a 'first-run

picture.' As it gradually wears out, this rental grows less, and

in about six months it is called in and destroyed. If the subject

is popular, reprints are made, and distributed as before. 'Feature

films' comprising several reels are sometimes handled as previously

noted. Foreign rights are most frequently sold outright."

=Don'ts for Authors=

"Don't give away your photoplay rights in selling a story for

magazine or book publication.

Don't include them in a dramatic contract without some clause

similar to that governing stock rights.

Don't sell them to the first bidder.

Don't sell them for cash if you can secure a continuing interest in

the film. It may be of value ten years hence.

Don't decide that your story will not make a motion-picture. It may

contain values which you do not see.

Don't decide that your story will make a good photoplay until you

understand something about the requirements and limitations of the

business. Remember, every film must be passed by the National Board

of Censors.

Don't forget that your story must be told in pantomime.

Don't turn your photoplay rights over to the stranger who offers to

adapt and handle your stories for one-half the proceeds.

Don't forget that you probably sold 'all rights' to your story when

you signed that receipt.

Don't sell the producer a right which you don't own, and make him

buy it over again from the present owner. He won't like it."

The Author's Desk Book Being a Reference Volume upon Questions of the Relations of the Author to the Publisher, Copyright, The Relation of the Contributor to the Magazine, Mechanics of the Book, Arrangement of the Book, Making of the Index, Etc. · 第 27 / 97 题