New Britain herald., 1917-07-10
CAN USE OLD PLOT
 FOR MOVIE STORIES
Jack London's Copyright Not Sufficient to Protect Idea
Story With Old Plot Not Infringed

Story With Old Plot Not Infringed by Similar Film. Jack London wrote q story Just Meat" which the pup fishing magazine protected by copy Sisi1t. The Biograph company pre- nared and exhibited in the movies a picture play called Love of Gold.' The fundamental plot of both pie ture. and story was this: Two thieves commit a burglary. securing large amount of money and jewelry' Ihev return to their room and dlscuss, not narrno oniously. the division or the plunder. Each of them succeeds un- Known to the other, in putting pofson in something which the other is about ,o swallow. Each swallows the poi so,. prepared by tho other and both 6is The details of the story and the film differed from each other. This olc. appears many times In fiction .nd history. Destiny. the Anangke of tha old Greek drama, rising from ~heir own passions, their own wills. And their own hands to effect the re- suit. constitutes the strong point It apusars in Chaucers Pardoner's Tale. In Ktplings story of King Ankus, and numerous others, stories of lesser fans. London sued for injunction and damages on account of infringe ment.
 JudSe Lacombe. of the U. s. Dis rrict Court for the southern district of New York, holds in London V. Rlo- sn%apIf co, 23t Federal Reporter 696, that no one. by presenting this idea with modern incidents. can approprt- at1s 1t by copyright. The copyright cannot protect the fundam ental plot which was common property long be- fore the story was written: 1t will +,rotect the mbelHshmen with which the author added elements of literary value to the old plot, but 1t Will not operate to prohibit the presentation by some one else of the same old plot without the particular embellish- ments.
 In the Course of Employment. In re Stacy Ca Massachusetts Supreme Judicial Court Case) 114 Northeast ern' Reporter, 206, deals with the lfa- bility of an employer for accidental dsSrh of an employe after working hours
 The decedent Stacy was employed as an ice house laborer. and while crossing the ice on his way home, aft sr~ working hours. broke through and drowned. This appeal was taken from an award under the Workmen's Compensation Act.
 The committee found, upon inquiry, that the decedent had followed the reasonable and customary way Of leaving his employers premises, by cfosssns the pond, the path around r1fs pond not being used in the win ter He was upon the employers promises at the time of his death. and osuch death was due to his en- p1oyer's ice-harvesting operations.
 fna affirming the award, Judge Crosby said. in part: Tn view of the special findings of the committee above recited, we are of opinion that the conclusion reached by the com n1tttee and affirmed by the board, that the death of the employe arose out of and in the course of his employ menr. was justified. The finding that the pond was in the control of the employer. and that crossing over 1t upon the ice was the reasonable and customary way for the deceased to reach home, and that he and other employees who lived Tn the same di- rection crossed 1t this way regularly. warranted the further finding that tho injury occurred In the course of employment
 Cornerinx the Wheat Market. A case of unusual importance to the lalty, both because of the relation that facts similar to those therein may bear to the present high cost of uv1ns, and because of the criminal prosecutions which should result from such disclosures. is the case of Lane V. Letter. 237 Federal Reporter, r4a.
 Ir 1898 Chas. A. PillSbury and Frank H. Peavey, of Minneapolis and Joseph Letter. of Chicago. were heavy operators in the wheat mar ket. Peavey controlled some 2,200,- 900 bushels of wheat: Pillsbury and Letter also large amounts, Pillsbury conceived the scheme of pooling their Interests with the purpose of corner. ing the market, and thereby enforcing great advance in price. 100000 bushels of Peavey's wheat was in the Monarch elevators, of the stock o1 which company he controlled S4 pel cent and 7O5,o0 bushels in the in terior elevators, of which he con- trolled S9 per cent, and of both o1 which companies he was practically dictator.
 After correspondence between these gentlemen. the gist of which i! summed up in letter from Pillsbur! to Letter on April 19, 1898. 1T think If we can control all the cash whea In the northwest. we can make for eisners and home millers pay abou what we are mind to ask for tht stuff" they met on the 24th in Pills burys Minneapolis office. beins joined by Thompson, special partne