Kalem Co. v. Harper Brothers

Background

A book written by the late General Lew Wallace was adapted without permission by the Kalem Company, a film producer. Kalem hired a man to read the novel and write a scenario, then staged and filmed scenes that told enough of the story to be recognized. The company advertised the films under the book’s title, sold the film reels, and public exhibitions were held.

Reasoning

The Court addressed whether showing those moving pictures was a forbidden dramatization of the novel. The opinion explains that drama can be conveyed by action alone (like pantomime) and that moving pictures present the story to viewers much as live dramatic performance would. Because the films reproduced scenes of the novel and were used to present the story to audiences, the Court concluded they dramatized the work and therefore invaded the author’s exclusive statutory right to dramatize his writing. The Court also rejected Kalem’s defense that mere sale of the films to distributors excused liability, noting Kalem advertised and intended the dramatic use.

Real world impact

The ruling prevents producers from making and publicly showing film versions that reproduce a book’s story without the author’s permission. Even photographic reproductions may violate the author’s rights if they are used in motion to present the story. The Court affirmed the lower court’s injunction stopping the films’ sale and exhibition.