Reported by The Times, February 23, 1950
Breach of contract over screen credit - Size of Lettering - Claim for damages
HIS LORDSHIP began the hearing of this action in which Mr. Rodney Ackland and Mr. Arthur Boys claim damages from the defendant, World Screenplays Limited, for the breach of an agreement by the defendants to give them the proper screen credit to which they claimed to be entitled in respect of the production of a film called The Queen of Spades, of which the plaintiffs were the joint authors.
The defendants originally denied that they had broken the agreement relied on, but now admitted the breach, and the only question was the damages to which the plaintiffs were entitled.
Mr. Cyril Salmon, K.C. and Mr. Claude Duveen appeared for the plaintiffs; Mr. B. Gibbens for the defendants.
MR. SALMON, in opening the case for the plaintiffs, said that Mr. Rodney Ackland was a distinguished play writer and had also written a number of screen plays. He was the author, either by himself or in collaboration, of Hatter's Castle, The 49th Parallel, George and Margaret, and many others. Mr. Arthur Boys had not before the present occasion taken part in the writing of a major screen play. The Queen of Spades was written by the two plaintiffs, and was based on a short story by Pushkin. The rights in the screen play were bought by International Screenplays, Mr. Ackland receiving £2,000 and Mr. Boys £1,000. International Screenplays sold their rights to the defendants, and the latter agreed with the plaintiffs that they would at all times give solely and exclusively to the plaintiffs the usual screen and other credits.
At the beginnning of a screen play the names of the authors of the play should appear on the screeen in a separate frame.
The Queen of Spades was exhibited at the Warner Theatre, Leicester Square, from March 17, 1949, to March 31, 1949, when the screen notice stated that the story was by Pushkin and then, in much smaller letters, that the screen play was by Rodney Ackland and Arthur Boys. When the film was advertised in the Press no mention was made of the names of the plaintiffs.
The jury would have to say what was a reasonable sum to give the plaintiffs to compensate them for the loss which they had suffered by the defendants' breach of contract to give them the opportunity, in the case of Mr. Ackland of enhancing the reputation which he already had, and in the case of Mr. Boys of establishing a reputation.
Mr. T. F. B. Clarke said that he was a member of the Screen Writers' Association and had written a number of screen plays, including For Those in Peril, Halfway House, Johnny Frenchman, Hue and Cry, Against the Wind, Passport to Pimlico, Train of Events, and The Blue Lamp.
In his view the plaintiffs were entitled to a much greater credit than had been given to them. He should say that the size of the type in which Pushkin's name was given as compared with that used for the plaintiffs' names would mean that their names would fail to registter. The fact that the story was based on one by Pushkin made no difference to the credit to which the plaintiffs were entitled.
Mr. Arthur Boys, the second plaintiff, said that he had a conversation with Mr. de Grunwald, a director of the defendant company, and the producer of the screen play about writing a screen play for him. He (the witness) suggested The Queen of Spades, and Mr. de Grunwald commissioned the first plaintiff and himself (Mr. Boys) to write it. He (Mr. Boys) expected that the credit which he would receive would be the appearance of the names of the joint authors in one frame. When the play was written it was too long and Mr. de Gruunwald cut it. Later Mr. de Grunwald suggested that he (Mr. de Grunwald) should receive partial screen credit for what he had done. He (the witness) did not agree. After that Mr. de Grunwald became hostile to them (the plaintiffs) and so remained. They were not invited to the trade show or the Press show of the film. He (Mr. Boys) attended the second performance and saw the credit which had been given.
A letter was written to the defendants with the result that when the film was later generally released the credit given was altered, and if the credit so given had been given in the first instance they would have been satisfied.
Mr. L. J. S. Arliss said that he had been directing and writing films for 19 years. If, as a director, he was asked to cut a script he should not expect to be given a credit for doing so, unless he had been concerned in the writing of the play. It was very essential professionally that screen writers should be given the proper screen credits. In the present case the credit given to the plaintiffs was not in accordance with that for which the agreement provided.
Mr. Rodney Ackland, the first plaintiff, gave evidence in support of his counsel's opening statement, and corroborated that given by his co-plaintiff. He said that when he saw the credit which had been given them on the screen he was absolutely dumbfounded. The Queen of Spades was magnificently received by the critics and it was placed on the short list for a British Film Academy award.
Further evidence having been given, the hearing was adjourned.
[The amount of damages awarded went unreported]
Solicitors - Messrs. H. S. Wright and Webb; Messrs. Denton, Hall and Burgin.
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