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

Abstract

ABSTRACT: 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 dra matic 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.