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

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 dramatic 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.