Page:International Film Exchange v. Corinth Films.pdf/4

 distribution rights to the Film in the United States.

In 1974, PDS went bankrupt. Italfilm acquired all “rights of economic utilization” to the Film pursuant to a deed of assignment executed by PDS’s liquidator on September 26, 1974. See Plaintiffs’ Exhibits, at H. However, by the terms of that deed, excepted from the transfer were “rights previously acquired by third parties, provided they are duly approved by the competent Italian authorities with respect to the monetary regulations in force.” See id., at H, ¶ 2. Shortly thereafter, Italfilm assigned all rights to the Film to GFC. In October of 1974, plaintiffs GFC and IFEX entered into a series of agreements, the effect of which was to grant IFEX an exclusive license to create and distribute a subtitled version of the Film for a period of twelve years, beginning in 1977. See Exhibit E to Defendants’ Notice of Motion. In 1977, IFEX, in turn, granted an exclusive ten-year license to the Film to MacMillian Films, Inc. (“MacMillian”). In 1982, soon after MacMillian was acquired by Films Incorporated, MacMillian was renamed Brandon.

Defendants claim that plaintiffs have no valid rights to the Film. They argue that pursuant to the bankruptcy decree, Italfilm took the rights to the Film subject to the preexisting rights of Feiner. Plaintiffs dispute this, arguing that since defendants failed to obtain the Italian Government authorization required by Currency Law No. 476, see, the grant to Feiner is void and of no effect. See Second Amended Complaint, at ¶ 19.

However, since it appears clear that the Film is now in the public domain, and that neither party may properly claim any proprietary rights in the Film, it is not necessary to resolve these issues. It is undisputed that the date of publication of the Film was December 6, 1948. See PlaintiffsPlaintiffs’ [sic] 3(g) Statement, at ¶ 16. Under the 1909 Act, statutory copyright protection attached and endured for twenty-eight years from the date of first publication with notice. See 17 U.S.C. § 24 (1976) (1909 Act) (superseded). Thereafter, an application for renewal of copyright would have had to have