The Motion-Picture Rights Contract: Legal Foundations and Trade Practices in the Studio Era

This article relates the piecemeal history of the motion-picture rights contract--a legal document that emerged following several high-profile court cases that clarified the distinct existence of film rights from other subsidiary rights, including dramatic or theatrical. By delving into negotiations...

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Bibliographic Details
Published in:Film history (New York, N.Y.) N.Y.), 2023-03, Vol.35 (1), p.104-127
Main Author: Moulton, Erica L
Format: Article
Language:English
Subjects:
20th century
American literature
Cain, James M
Contract negotiations
Contracts
Copyright
Correspondence
Ferber, Edna
Ferber, Edna (1887-1968)
Film history
Glyn, Elinor
Historical text analysis
Motion
Motion picture industry
Novels
Officials and employees
Property rights
Stowe, Harriet Beecher (1811-1896)
Video production companies
Writers
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Summary:This article relates the piecemeal history of the motion-picture rights contract--a legal document that emerged following several high-profile court cases that clarified the distinct existence of film rights from other subsidiary rights, including dramatic or theatrical. By delving into negotiations surrounding several film rights contracts between best-selling author Edna Ferber and Warner Bros., I demonstrate the tenuous relationship between the American copyright system and the trade practices developed by lawyers and agents. Without clear guidance on subsidiary rights, motion-picture rights contracts were inherently flexible documents, capable of bending to favor whichever side could leverage the most power.
ISSN:1553-3905
0892-2160
1553-3905
DOI:10.2979/filmhistory.35.1.04