Ben Hur (1907 film)
Encyclopedia
Ben Hur is a 15 minute long 1907 silent film
, the first film version of Lew Wallace
's novel Ben-Hur
, one of the best-selling books at that time.
This movie is most notable as a precedent in copyright law. The movie was made without the permission of the author's estate, which was common practice at that time. The screenwriter, Gene Gauntier
, remarked in her 1928 autobiography how the film industry at that time infringed upon everything. As a result of the production of Ben Hur, Harper & Brothers
and the author's estate brought suit against Kalem Studios, the Motion Picture Patents Company
, and Gauntier for copyright infringement
. The United States Supreme Court ultimately ruled against the film company in 1911. This ruling established the precedent
that all motion picture production companies must first secure the film rights
of any previously published work still under copyright before commissioning a screenplay
based on that work.
The film was directed by Canadian
director
Sidney Olcott
. At fifteen minutes long, only a small portion of the story was put on screen. The focus of the piece was the chariot race, which was filmed on a beach in New Jersey
with local firemen playing the charioteers and the horses that normally pulled the fire wagons pulling the chariots.
In 1908, perhaps seeking to capitalize on the publicity of the case and the film, Harper & Brothers published a lavishly designed and illustrated book, The Chariot Race from Ben-Hur, which excerpted only the race from Lew Wallace's novel. Accompanying the text were color illustrations by Sigismond Ivanowski.
Silent film
A silent film is a film with no synchronized recorded sound, especially with no spoken dialogue. In silent films for entertainment the dialogue is transmitted through muted gestures, pantomime and title cards...
, the first film version of Lew Wallace
Lew Wallace
Lewis "Lew" Wallace was an American lawyer, Union general in the American Civil War, territorial governor and statesman, politician and author...
's novel Ben-Hur
Ben-Hur (novel)
Ben-Hur: A Tale of the Christ is a novel by Lew Wallace published on November 12, 1880 by Harper & Brothers. Considered "the most influential Christian book of the nineteenth century", it was the best-selling American novel from the time of its publication, superseding Harriet Beecher Stowe's...
, one of the best-selling books at that time.
This movie is most notable as a precedent in copyright law. The movie was made without the permission of the author's estate, which was common practice at that time. The screenwriter, Gene Gauntier
Gene Gauntier
Gene Gauntier was an American screenwriter and actress who was one of the pioneers of the motion picture industry. A writer, director and actress in films from early 1906 to 1920, she wrote screenplays for 31 films...
, remarked in her 1928 autobiography how the film industry at that time infringed upon everything. As a result of the production of Ben Hur, Harper & Brothers
Harper & Brothers
Harper is an American publishing house, the flagship imprint of global publisher HarperCollins.-History:James Harper and his brother John, printers by training, started their book publishing business J. & J. Harper in 1817. Their two brothers, Joseph Wesley Harper and Fletcher Harper, joined them...
and the author's estate brought suit against Kalem Studios, the Motion Picture Patents Company
Motion Picture Patents Company
The Motion Picture Patents Company , founded in December 1908, was a trust of all the major American film companies , the leading film distributor and the biggest supplier of raw film stock, Eastman Kodak...
, and Gauntier for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
. The United States Supreme Court ultimately ruled against the film company in 1911. This ruling established the precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
that all motion picture production companies must first secure the film rights
Film rights
Film rights are the rights under copyright law to make a derivative work—in this case, a film—derived from an item of intellectual property. Under U.S...
of any previously published work still under copyright before commissioning a screenplay
Screenplay
A screenplay or script is a written work that is made especially for a film or television program. Screenplays can be original works or adaptations from existing pieces of writing. In them, the movement, actions, expression, and dialogues of the characters are also narrated...
based on that work.
The film was directed by Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
director
Film director
A film director is a person who directs the actors and film crew in filmmaking. They control a film's artistic and dramatic nathan roach, while guiding the technical crew and actors.-Responsibilities:...
Sidney Olcott
Sidney Olcott
Sidney Olcott was a Canadian-born film producer, director, actor and screenwriter.-Biography:Born John Sidney Alcott in Toronto, he became one of the first great directors of the motion picture business...
. At fifteen minutes long, only a small portion of the story was put on screen. The focus of the piece was the chariot race, which was filmed on a beach in New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
with local firemen playing the charioteers and the horses that normally pulled the fire wagons pulling the chariots.
In 1908, perhaps seeking to capitalize on the publicity of the case and the film, Harper & Brothers published a lavishly designed and illustrated book, The Chariot Race from Ben-Hur, which excerpted only the race from Lew Wallace's novel. Accompanying the text were color illustrations by Sigismond Ivanowski.
External links
- Google Book Search file on the case Harper & Brothers v. Kalem Company (1909), from the book Select Cases on the Law of Torts, by John Henry WigmoreJohn Henry WigmoreJohn Henry Wigmore was a U.S. jurist and expert in the law of evidence. After teaching law at Keio University in Tokyo , he was the dean of Northwestern Law School...
. Ben Hur website dedicated to Sidney Olcott