Arizona republican., 1916-09-03

willing to spend S100OO0O in working out an authors idea and have con- fidence in that author sufficient to give him a free hand in spending the money. certainly is sufficient proof in itself that the idea was big one. If the mere matter of not having exacted from the Fox Corporation
 written guarantee that l would receive
 this credit is sufficient to prevent me from having my name placed upon my
 own work, l am sorry for the authors
 of this country. as it will place them
 entirely at the mercy of the men who
 buy their works"
 In denying the temporary injunction, Justice Mullan did not enter into the discussion of the merits of the case but because of the absence of a writ ! ten agreement. left the entire matter ! for the decision of the trial court. Fol ! lowing is his opinion in part.
 | "The plaintiff, who is the author of a
 photoplay known as A Daughter ca
 the Gods seeks to enjoin the exhibi-
 bition of it by the defendant without | an accompanying ascription to him of
 the authorship, and without giving
 prominent publicity, in the various
 ways customarily employed in the mo-
 tion picture business to advertise
 DliONOpidlSs lO lllc ldNN llleii liit pletii-
 tiff is the originator. author and pro-
 ducing director of said photoplay.' The plaintiff was employed by the defend
 ant in January, 1915, at a weekly sal ary to write for it scenarios and direct the production of motion picture or photoplays. The engagement was oral for no definite period, and contained no provision to insure to the plaintiff the publicity for himself. upon the import ance of which he lays such stress in his moving papers upon this applica tion, although he states that shortly before entering the employ or the de- fendant he severed his connection with persons conducting a similar business 3 for the reason that they denied to hin the publicity he felt he was entitled to il In July of this year the plaintiff volun. q tarily severed his connection with thu a defendant by resignation. Although have no disposition to pass upon th' T merits of the dispute in advance of th' trial which presumably will bring ou the true and full situation think it il 8 at least doubtful whether any engage q ment that may possibly be spelled ou 3 of the defendants conduct and the GUS 8 tom of the business to advertis q plaintiffs connection with the play 3 he wrote and produced, was to hol T S'Ou anu COHtAilut dlltI StNtfdUC ! of the relation of employe and en
 ployer As the condition
 the calendar is such that trial ma
 be had speedily the risk of damage the plaintiff is not in my judgment sui
 ficient to require what would in effeC be a determination in his favor pric L. to the taking of proofs"
 H The case probably cannot come {
 trial inside of six weeks. It is eS pected that "A Daughter of the Gods H will be released, consequently, befol
 the final decision. The Fox compan & has not yet announced the date of u 8 New York opening but it is understoo H that they are planning for a showin H late in September. In this event M H Brenon's name will not be on the fill F when it is first projected upon u
 screen. but he will continue his figl
 until final judgment is reached