A Federal Court, in a sweeping decision, has declared that a film in which a “non-Aryan” collaborates is subject to all the restrictions on foreign moving pictures even if it is made in Germany.
The court permitted a German film company to cancel its contract with a foreign theatrical publishing company for purchase of a scenario written by a Jew.
The film company contracted in February, 1933, to buy a scenario written by the film producer, Erich Loewenberg, known as Erich Charell, and paid the first installment of the fee.
When the Nazis came into power, the company discontinued payments and sued for return of the advance on the ground that, owing to the “non-Aryan’s ” collaboration, the film could not be produced in the Reich.
The company cited a clause in the contract stating that if Carell through illness, death or any similar reason, could not direct the film, the contract was void, Carell’s racial origin was held sufficient reason for annulment under this clause.
In finding for the plaintiff, the court pointed out that the chief points of the Nazi Party’s cultural program concerned suppression of harmful influences. Therefore, a film in which a Jew collaborated could no longer be regarded as a German film.
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.