RARA-AVIS: RE: rights to characters in books, radio, and films - Sam Spade

From: Vince Emery (vince@emery.com)
Date: 03 Sep 2010

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    mrt asked:

    > Does anybody know then this exploitative notion of "right to characters"
    started in the film industry? It's atrocious for writers that somebody would have a right to something they haven't even written (future installments in a series, for example). Or am I reading this wrong? It seems that there is almost a boilerplate expectation on the part of those buying film rights, which makes me wonder how it started and why it has been accepted.

    My reply:

    From a legal standpoint, one of the landmark cases occurred when Warner Bros. fought the CBS network, Sam Spade's radio sponsor (Wildroot hair oil), its advertising agency, producer, director, and Dashiell Hammett over the radio series "The Adventures of Sam Spade." Warner said it owned rights to the characters "and other materials" because it bought all performance rights to "The Maltese Falcon."

    The original lawsuit was filed May 28, 1948, and after appeal was resolved in Hammett's favor on November 9, 1954.

    You can find the appeals court decision here: http://bulk.resource.org/courts.gov/c/F2/216/216.F2d.945.13457_1.html

    For Hammett's lengthy affidavit, in which he describes "The Maltese Falcon" and his interest in and use of his character Sam Spade, see Discovering The Maltese Falcon and Sam Spade, pages 328-337.

    Cheers,

    Vince Emery

    Vince Emery Productions Publisher:
    - THE DASHIELL HAMMETT TOUR by Don Herron
    - DISCOVERING THE MALTESE FALCON AND
      SAM SPADE edited by Richard Layman
    - HAMMETT'S MORAL VISION
      by George J. "Rhino" Thompson
    - LOST STORIES by Dashiell Hammett

    www.emerybooks.com Box 460279, San Francisco, CA 94146 USA vince@emery.com Phone 1.415.337.6000



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