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Mr. Olcott and I went to the racetrack, found the [Pain's] props impossible and the supers [extras] inadequate, hurried back to Swain's Agency and interviewed people for the cast and extras, and late in the evening rushed down to Elliott's and remained there until after midnight selecting props and hundreds of costumes. In five days after the idea was conceived we were at Sheepshead Bay taking the first scenes. In three days more it was finished and in the developing tanks. [6]
To enhance the status of "The Most Superb Motion Picture Spectacle Ever Produced in America", Kalem would later state in its advertisements that the film's costumes were from the wardrobe collection of the Metropolitan Opera House on 39th Street in New York. [5] In reality, the "Elliott's" screenwriter Gauntier identifies as the source for the cast's attire, was Gus Elliott, an "old German" prop and costume supplier, whose business was located at St. Mark's Place in Manhattan. [15]
While Rottjer was credited as the film's "Chief Chariotier" and likely drove Ben-Hur's chariot in the staged race at Sheepshead, the other charioteers were off-duty soldiers of Brooklyn's "3rd Battery" of the National Guard. [5] [16] Members of that local military unit were well known for their expertise in horsemanship. As a testament to their equine abilities, soldiers of Brooklyn's Third Battery in August 1908 would later set a world record for "military endurance" by riding 50 miles from Nanuet, New York to Brooklyn in just six hours, much of the time traveling at night and over mountain roads. [16] [17] Pain's Fireworks Company provided the chariots driven by Rottjer and the guardsmen, along with some other props and related gear. [16]
Released on December 7, 1907, the film received positive reviews and comments in publications around the United States. The New York-based trade journal The Moving Picture World announced in its issue that day, "The Kalem Company this week put on the market the Roman spectacular subject, 'Ben Hur'." [18] In Pittsburgh, Pennsylvania, on February 16, 1908, the city's Gazette Times reported on the presentation of Ben Hur at a new local theater, a showing enhanced by actors on site who performed sound effects and spoke dialog generally synchronized with the footage projected on screen:
At the new Savoy theater in South Highland avenue, near Center avenue, which was opened yesterday afternoon and last night in an auspicious manner, the same bill that pleased yesterday's large crowds and will be continued until the middle of next week. This repertoire includes a splendid production of "Ben Hur" by means of the motion picture camera, and with all the sound and speech accompaniments necessary for perfect realism. [19]
The Moving Picture World in February 1908 also updated its readers on audience reactions to Kalem's release. "'Ben Hur'", reported the trade journal, "drew such crowds to a theater in Atlanta, Ga., that the police had to aid in clearing the aisles and lobby." [20] Later in the month the film-industry publication added, "A Western newspaper in commenting on a local show refers to 'Ben Hur' as 'a wonderfully realistic and pleasing presentation of Lew Wallace's famous story and a triumph of the kinetoscopic art.'" [21]
In addition to being the first screen adaptation of Lew Wallace's novel, the production is noteworthy in film history as well for establishing precedent in copyright law in the United States. The motion picture was released nearly three years after Wallace's death, but it was produced by Kalem without the permission of the author's estate. Former Kalem screenwriter Gauntier remarked in her previously cited 1928 autobiography that in the early silent era it was a common practice for studios to ignore copyrights and dismiss any proprietary rights of original authors or creators of intellectual properties. [2]
On March 20, 1908–14 weeks after the release of Ben Hur—the publishing house Harper & Brothers, stage producers Klaw and Erlanger, and the author's estate filed a joint copyright-infringement lawsuit against the Kalem Company as well as against the Kleine Optical Company, which had produced the copies of the film for Kalem's distributors. [22] [23] The case was initially decided against Kalem, the primary defendant, in May 1908. [24] Three and a half years later, on appeal to the United States Supreme Court, justices in the case Kalem Co. v. Harper Bros. issued their final ruling against the film company. [25] That ruling on November 13, 1911 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. [25] Ultimately, Kalem was required to pay the plaintiffs $25,000 ($820,000 today) as well as all related court costs for the case. [26] Earlier, in 1908, perhaps seeking to capitalize on the growing publicity of its case against Kalem and the release of the film, Harper & Brothers published the lavishly designed illustrated book The Chariot Race from Ben-Hur by Lew Wallace, which highlights only that event from the novel. Complementing the book's text are color illustrations by Ukrainian artist Sigismond Ivanowski. [27]
Kalem's losses in copyright litigation and the related court injunctions limiting and then preventing presentations of the company's short, the film "for the most part disappeared". [28] For many years, even the Library of Congress did not possess a full copy of the 1907 release, but that federal institution, the Museum of Modern Art, and other repositories later located and acquired prints. Now in the public domain, additional full and partial copies of Kalem's Ben Hur are available for public viewing on online streaming services such as YouTube. [29]
Before court-ordered injunctions and the final copyright-infringement rulings against Kalem were effectively enforced, copies of Ben Hur circulated in Europe as well as the United States. [30] Various distributors at the time offered to sell both standard "plain stock" copies as well as hand-colored prints of the 1000-foot reel, which consists of approximately 16,000 individual frames. One American film-supply catalog in 1908 offered black-and-white prints of Ben Hur for $120 ($4,100 USD today). Color versions produced in France, painted by hand in Paris, sold for an additional $150, costing $270 per copy ($9,200 today) or 15 cents more per foot in 1908. [31] No copies or fragments of the hand-tinted version of the film are currently known to exist.
The year 1907 in film involved some significant events.
Sidney Olcott was a Canadian-born film producer, director, actor and screenwriter.
Ben-Hur: A Tale of the Christ is a novel by Lew Wallace, published by Harper and Brothers on November 12, 1880, and considered "the most influential Christian book of the nineteenth century". It became a best-selling American novel, surpassing Harriet Beecher Stowe's Uncle Tom's Cabin (1852) in sales. The book also inspired other novels with biblical settings and was adapted for the stage and motion picture productions.
Ben-Hur: A Tale of the Christ is a 1925 American silent epic adventure-drama film directed by Fred Niblo and written by June Mathis based on the 1880 novel Ben-Hur: A Tale of the Christ by General Lew Wallace. Starring Ramon Novarro as the title character, the film is the first feature-length adaptation of the novel and second overall, following the 1907 silent short film.
Ben-Hur is a 1959 American religious epic film directed by William Wyler, produced by Sam Zimbalist, and starring Charlton Heston as the title character. A remake of the 1925 silent film with a similar title, it was adapted from Lew Wallace's 1880 novel Ben-Hur: A Tale of the Christ. The screenplay is credited to Karl Tunberg, but includes contributions from Maxwell Anderson, S. N. Behrman, Gore Vidal, and Christopher Fry. The cast also features Stephen Boyd, Jack Hawkins, Haya Harareet, Hugh Griffith, Martha Scott, Cathy O'Donnell, and Sam Jaffe.
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 mid 1906 to 1920, she wrote screenplays for 42 films. She performed in 87 films and is credited as the director of The Grandmother (1909).
The Kalem Company was an early American film studio founded in New York City in 1907. It was one of the first companies to make films abroad and to set up winter production facilities, first in Florida and then in California. Kalem was sold to Vitagraph Studios in 1917.
Frank Joseph Marion was an American motion picture pioneer.
The Lad from Old Ireland, also called A Lad from Old Ireland, is a one-reel 1910 American motion picture directed by and starring Sidney Olcott and written by and co-starring Gene Gauntier. It was the first film appearance of prolific actor/director J.P. McGowan.
Film rights are rights under copyright law to produce a film as a derivative work of a given item of intellectual property. In US law, these rights belong to the holder of the copyright, who may sell them to someone in the film industry—usually a producer or director, or sometimes a specialist broker of such properties—who will then try to gather industry professionals and secure the financial backing necessary to convert the property into a film. Such rights differ from the right to commercially exhibit a finished motion picture, which rights are usually referred to as "exhibition rights" or "public-performance rights".
Jack J. Clark was an American director and actor of the early motion picture industry.
Ben-Hur was an 1899 theatrical adaptation of the novel Ben-Hur: A Tale of the Christ (1880) by Lew Wallace. The story was dramatized by William W. Young and produced by Marc Klaw and A. L. Erlanger. The stage production was notable for its elaborate use of spectacle, including live horses for the famous chariot race. The hippodrama had six acts with incidental music written by American composer Edgar Stillman Kelley. The stage production opened at the Broadway Theater in New York City on November 29, 1899, and became a hit Broadway show. Traveling versions of the production, including a national tour that ran for twenty-one years, played in the United States, Great Britain, and Australia. By the end of its run in April 1920, the play had been seen by more than twenty million people and earned over $10 million at the box office. There have been other stage adaptations of Wallace's novel, as well as several motion picture versions.
Metro-Goldwyn-Mayer (MGM) originally announced a remake of the 1925 silent film Ben-Hur in December 1952, ostensibly as a way to spend its Italian assets. Stewart Granger and Robert Taylor were reported to be in the running for the lead. Nine months later, MGM announced it would make the film in CinemaScope, with shooting beginning in 1954. In November 1953, MGM announced it had assigned producer Sam Zimbalist to the picture and hired screenwriter Karl Tunberg to write it. Zimbalist was chosen because he had produced MGM's Best Picture-nominated Christians-and-lions epic Quo Vadis in 1951. The studio then announced in July 1954 that production would start in March 1955 with 42 speaking parts and 97 sets. MGM said Sidney Franklin would direct, that the script by Tunberg was finished, that shooting would occur in Rome and in Spain, and that Marlon Brando was up for the lead. In September 1955, Zimbalist, who continued to claim that Tunberg's script was complete, announced that a $7 million, six-to-seven month production would begin in April 1956 in either Israel or Egypt in MGM's new 65mm widescreen process. MGM, however, suspended production in early 1956.
Ben-Hur is a 2016 epic historical drama film directed by Timur Bekmambetov and written by Keith Clarke and John Ridley. It is the fifth film adaptation of the 1880 novel Ben-Hur: A Tale of the Christ by Lew Wallace following the 1907 silent short film, the 1925 silent film, the Academy Award-winning 1959 film and the 2003 animated film; it is the third version produced by Metro-Goldwyn-Mayer. It has been termed a "re-adaptation", "reimagining", and "new interpretation" of the novel, and follows Judah Ben-Hur, a young prince who is falsely accused by his step-brother, an officer of the Roman army, and is sent to slavery, only to escape and seek vengeance. The film stars Jack Huston as the titular character, alongside Toby Kebbell, Rodrigo Santoro, Nazanin Boniadi, Ayelet Zurer, and Morgan Freeman. Principal photography began on February 2, 2015, in Matera, Italy and lasted about five months, finishing in June 2015.
The Shaughraun is a 1912 American silent film produced by the Kalem Company and distributed by the General Film Company. It was directed by Sidney Olcott with himself, Gene Gauntier, Alice Hollister and Jack J. Clark in the leading roles.
The Scarlet Letter is a lost 1908 silent American short film, directed by Sidney Olcott. It was based on the 1850 novel of the same name by Nathaniel Hawthorne. The screenplay was written by Gene Gauntier, who also played the character Hester Prynne. The film was produced by Kalem Company.
For Love of an Enemy is a one-reel 1911 American motion picture produced by Kalem Company and directed by Sidney Olcott. A war story detailing the adventures and the love affair of a Union spy in the Confederate lines.
The Girl Spy Before Vicksburg is a 1910 American silent film produced by Kalem Company of New York and shot at the company's "winter studio" in Jacksonville, Florida. Directed by Sidney Olcott, the Civil War drama stars Gene Gauntier, Robert Vignola and JP McGowan. Gauntier, in addition to performing as the production's title character, is credited with writing its storyline or "scenario".
Tangled Lives is a one-reel 1911 American motion picture produced by Kalem Company and directed by Sidney Olcott with Gene Gauntier, Jack J. Clark and JP McGowan in the leading roles. The action takes place during the Seminoles war, in Florida.
Kalem Co. v. Harper Bros., 222 U.S. 55 (1911), was a United States Supreme Court case in which the Court held producing a motion picture based on a dramatic work can be copyright infringement. The producer of the motion picture is liable even they are not the exhibitor. This does not extend to a restriction of the dramatic work's ideas; it is a recognition of the author's monopoly powers granted by Congress.