Lapas attēli

Mass. Gen Laws Ann. c. 231, 8 85S(b).

99. 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

era of Hollywood film making. While it is often assumed that

Hollywood made the transition to sound as soon as the state of

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 W Kerr, The Silent Clowns 6-7

(1975). Of course,

some of the earliest silent works were done

truly out of necessity, and not necessarily by choice. See infra

note 105 and accompanying text.

103. See On Coloring Films, supra note 2.

104. Id.

105. Id.

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.

With the advent of video cassette,

these versions are

increasingly difficult to come by. Many distributors can no

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

accompanying text.

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

exploit it. 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

work. 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.

120. Id.

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. Motion

pictures are specifically proper subject matter of the Act. See

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

clearest and most unequivocal language possible, SO as to

foreclose any conceivable misinterpretation of its unqualified

intention that Congress shall act preemptively, and to avoid the

development of any vague borderline areas between State and

Federal protection." H.R. 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

note 2. For a discussion of state fine art statutes, see supra

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