DIRECTOR   AND    OTHER   EMPLOYES  209

comes  into  cxistenco,  and  takes  concrete,  tan^i'^le  form,
it  becomes  the  property  of  the  one  who  lias  paid  him  for
such  work.  If  be  attempts  to  use  the  sanie  tliereafter,
he  is  as  nmch  of  an  infringer  as  a  stranger,  and  he  may
be  restrained  and  punished.**

Section  73. — Director  and  other  employes.
Directors,  camera  men  and  other  employes  of  film
companies  are  amenable  to  the  general  rules  governing
master  and  servant.  Directors  in  particular  have  been
recognized,  like  competent  actors,  as  being  artists  pos-
sessing in  greater  or  lesser  degree  the  attributes  of  skill,
taste  and  judgment,  and  as  such  their  rights  and  duties
must  be  defined  in  accordance  with  the  rules  heretofore
set  out  for  special,  unique  and  extraordinary  employes.
For  example,  a  skillful  director  who  has  contracted  for
a  definite  period  for  his  services,  jiiay  not  arbitrarily
breach  his  contract;  if  he  does  so,  he  may  be  restrained.
He  is,  for  many  purposes,  the  agent  of  the  company.
Where  he  supervises  or  directs  the  production  of  a  libelous
picture  he  becomes  personally  liable  as  a  joint  tort  feasor
with  his  employer.^  Even  though  the  motion  picture
producer  has  no  actual  knowledge  of  the  libel,  his  failure
to  control  his  agent  would  be  eciuivalent  to  such  dis-
regard of  the  rights  of  others  as  to  amount  to  intentional

« See  Section  8.  Weil  v.   Xcrin,  1   Pa.   Sup.  Ct.
^  Spooner  v.  Daniels  (1854),  22  Cixa.  03;  Kcyzor  v.  Nacman  (Eng.),

Fed.  Cas.   (C.  C.)   No.   13,214a;  1  F.  &  F.  559;  Mecabe  v.  Jones

Walts   V.    Fraser    (Eng.)    (is;i7),  (1S81),    10   Daly    (X.   Y.),   222;

7  C.  &  P.  360;  Hunt  v.  Iknnell  Smith  v.    Ulley   (1890),  02  Wis.
