Dellar v. Samuel Goldwyn, Inc.

When this case was before us six years ago (Dellar v. Samuel Goldwyn, Inc., 2 Cir., 104 F.2d 661, 662), we said that we had read the defendants’ “cutting continuity” and both versions of the play; and that, “even though the defendants took from this play all those matters in which the film resembles it, they were within their rights in doing so.” We did not in fact have before us what was, properly speaking, a “cutting continuity”: that is, a continuity made at the same time as the positives, and merely designed to help an “exchange” check the positives on their return by an exhibitor. The…