The Kalem Ben-Hur (1907)

The 1907 film Ben-Hur produced by the New York film company Kalem had an extraordinary impact. It ran only 1,000 ft in length (approximately 15 min. at 18 frames per second), was produced in about one week, and had limited publicity and a truncated distribution, but this led to a four-year legal battle over copyright that ended up in the United States Supreme Court and established the legal precedent for American film copyright. Its legacy affects not only every film that has derived from a novel but the copyright of the tens of thousands of films that postdate 1911. This chapter will explore the circumstances that gave rise to the conflict over copyright, the legal issues it raised, and their significance for the early film industry, but along the way it will also explore some of the difficulties (and the stratagems needed to overcome them) in documenting even the most basic data concerning the production of early silent cinema. The Supreme Court brief includes a short description of the film: Ben Hur. Scenery and Supers by Pain’s Fireworks Company, Costumes from Metropolitan Opera House. Chariot Race by 3d Battery, Brooklyn. Positively the Most Superb Moving Picture Spectacle Ever Produced in America, in Sixteen Magnificent Scenes.