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Mass.Gen.Laws. Ann. c. 231, 8855(b).
See supra note 17 and accompanying text.
100. See generally supra notes 24-27 and accompanying text.
101. See generally supra notes 13-23 and accompanying text.
102. A similar misconception also exists as to the silent
the art permitted it, sound films in fact did not arise until
years after technology clearly permitted it.
In spite of the
availability of sound films, the public did not clearly demand,
nor film directors generally utilize, the sound medium until
years after its inception.
See "Kerr, The Silent Clowns 6-7
some of the earliest silent works were done
truly out of necessity, and not necessarily by choice.
note 105 and accompanying text.
103. See On Coloring Films, supra note 2.
106. This distinction is crucial in the application of state
fine art statutes. See supra notes 93-97 and accompanying text.
107. A similar phenomenon has already occurred in regard to
16-millimeter versions of films.
Distribution of 16-millimeter
films to campus film societies and the like used to be prevalent.
longer justify the large initial outlay for making 16-millimeter
versions, and this will probably eventually spell the death of
this form of film. See Through a Tinted Glass, Darkly, supra note
2, at 24.
108. See supra note 17 and accompanying text.
109. See supra notes 18-19 and accompanying text.
110. See supra note 32 and accompanying text.
111. Such a situation has apparently already occurred, where
an actor opposed, but a cinematographer favored, colorization of
their original black-and-white film. See supra note 9 and
112. The Berne Union is an international convention of which
the United States is not a signatory to. See supra notes 29-30
and accompanying text.
113. See supra note 37 and accompanying text.
114. See supra note 36 and accompanying text.
115. See supra note 63 and accompanying text.
116. See generally supra notes 13-23 and accompanying text,
notes 39-43 and accompanying text.
117. See supra notes 44-52 and accompanying text.
118. Consider that copyright to a novel, by traditional
industry practice, is generally owned not by the author, but
rather by a publisher who is better suited to commercially
In spite of the fact the author no longer has an
economic interest in the book, he might still be said to have a
moral right to insure that no alterations are
ever made to his
Since some degree of alteration is always required in
making a film adaptation of a novel, the author might effectively
be able to prevent a movie version of his work from ever being
119. See supra notes 89-91 and accompanying text.
121. See generally supra notes 13-23 and accompanying text.
122. See supra note 13 and accompanying text.
123. See 17 U.S.c. 8 301(a), (b)(1).
Sections 102 and 103 of
the Act specify the subject matter of the copyright law.
pictures are specifically proper subject matter of the Act.
supra note 13.
124. Consider the Act's express recognition of the moral
right in the limited instance of songwriters. See supra notes 39-
43 and accompanying text.
125. The legislative history regarding displacement of state
law indicates "Section 301 is intended to be stated in the
intention that congress shall act preemptively, and to avoid the
development of any vague borderline areas between State and
Federal protection." HR Rep. No. 1476, 94th Cong., 2d Sess.
109, reprinted in 1976 u.s. Code Cong. ? Ad News 5659, at 5745-
46. See note 123 and accompanying text.
126. State fine art statutes avoid this constitutional
infirmity by protecting only the material object embodying a
copyrightable work, and not the copyrighted work itself. See
supra notes 93-94 and accompanying text.
127. See Art Laws Don't Protect Films From Alteration, supra
For a discussion of state fine art statutes, see supra