Autry

Appellant brought this action for an injunction, to restrain appellees from exhibiting motion pictures in connection with commercially sponsored or sustaining television broadcasts, where those motion pictures contain appearances of appellant. In its opinion below, 104 F.Supp. 918 , the District Court gave judgment to appellees, holding that the contracts between appellees and appellant placed no restrictions upon appellees’ use or exhibition of the motion pictures. There were five contracts executed over a period of a dozen years, but the contracts are sufficiently similar that they need not be discussed individually. The trial judge used paragraph 9 of the 1938 contract as an example. That was fair to both parties, and we shall do likewise:

This contract, like the contracts in Republic Pictures Corp. v. Rogers, 9 Cir., 213 F.2d 662 contains the descriptive words (1) “acts, poses, plays and appearances” and (2) “name, voice, and likeness.” As set forth in our opinion in the Rogers case, we interpret these two sets of words as applying to' two different and distinct subject matters. The former refers to the artist’s activities or appearances in a motion picture as such; the…