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Modern Times Clippings 382/382

Syracuse Herald American, Syracuse, N. Y., November 19, 1939.

Los Angeles, Nov. 18, 1939: Charles Chaplin leaves court

after winning plagiarism suit. Two photos.

& VICTOR IN SUIT – Film Comedian Charlie Chaplin

was jubilant yesterday when granted decision in plagiarism

suit over his film, Modern Times.“

(...) AP Photo, Los Angeles Times, Nov. 19, 1939

      AP, Associated Press.

„Modern Times was an original story“

Editorial content. „Chaplin Wins Decision in Plagiarism Suit

      Charlie Chaplin, miniature-mustached comedian,

described the originality of ideas in a courtroom yesterday

and won a rapid decision from United States Judge

Paul J. McCormick that he had not plagiarized a book written

by a White Russian captain, for use in a film.

      Chaplin sat in the witness chair for nearly an hour

stead-fastly denying he had seen, ,or even heard

of,‘ Against Gray Walls, a book written by Michael I. Kustoff,

now an attorney, but once an officer with a Russian

army in Siberia, before Chaplin‘s production of Modern

Times in 1936.

      OWN ATTORNEY

      Kustoff, serving as his own attorney, questioned

Chaplin at length, and asked him if the film was a result of an

original idea.

      ,Well,‘ he said, ,something original is something that

is very deep and would call for a philosophical discussion

as to what origin means

      ,In the general sense,‘ he added quickly, ,Modern

Times was an original story.‘

      Chaplin declared that he had been compiling facts for

the picture for years. The idea germinated in about

1918, he said, but he put the production off until it matured

and began to ,flower into something definitely

tangible.‘

      IGNITES INTO IDEA

      ,My imagination – with facts – finally ignited into an idea

which made into a comedy.‘

      He categorically denied he had read Kustoff‘s book,

or that his assistants either heard or knew of it.

      In awarding the decision to Chaplin, Judge Paul J.

McCormick held there was no infringement

of copyright and that the plaintiff is not entitled to the

relief he sought.

      Kustoff tried to prove that the cane-toting comic had

access to the book by borrowing it from Michael

Shantzek, the lawyer‘s agent.

      ,Did you ever meet Michael Shantzek,‘ Judge McCormick

asked the witness.

      ,Not to my knowledge,‘ Chaplin replied.

      ,Did Shantzek ever deliver a book to you?‘ the jurist

pursued.

      ,No,‘ Chaplin answered.

      Named also as defendants in the action besides

Chaplin were the Charles Chaplin Film Corp. and the United

Artists Film Corp.“

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