(Testimony of James Herbert Martin Resumed)
Mr. Dulles.
That is what appeared on the recent cover issue, I guess, it was 2 weeks ago.
Mr. Martin.
Yes, sir.
Now, that $5,000 has been paid. We have the $5,000 in an escrow account.
Mr. Redlich.
Did you actually have in your possession the photograph, a copy of which appeared on the cover of Life magazine?
Mr. Martin.
No.
Mr. Redlich.
Could you tell us how this contract was consummated, in view of the fact that Life magazine apparently printed on its cover a photograph which you never possessed?
Mr. Martin.
They knew the photographs belonged to Marina. They have a common law copyright, and the only way they could legally use the film is to purchase the rights from Marina.
Mr. Redlich.
Did Life magazine indicate to you where they obtained the photograph?
Mr. Martin.
No.
Mr. Redlich.
Have you had conversations with other publications concerning that photograph?
Mr. Martin.
Yes. I made the contact with the London Daily Mirror for the purchase of the British Commonwealth rights on that same photograph, and they guaranteed $2,200 plus 50-50 split on what they sold in the Commonwealth. It was restricted to the Commonwealth only.
However, the London Daily Mail came out with the photograph prior to the Mirror, and I was informed by Mr. Weggand of the London Daily Express that the Detroit Free Press had sold this photograph to the London Daily Mail for $500.
Mr. Redlich.
Do you have any idea how the Detroit Free Press obtained this photograph?
Mr. Martin.
No. I talked to Ken Murray, who I was informed was the attorney for the Detroit Free Press.
Mr. Redlich.
Where did you talk to him?
Mr. Martin.
At his home in Detroit.
Mr. Redlich.
By phone?
Mr. Martin.
By telephone. And he stated that the photograph was public property, and not covered under common law copyright. I asked him where he got the photo, and he said he got it at the same place as Life did, through a leak in the Commission. I talked to Life magazine attorney--I can't remember his name. It is a very odd name. It begins with an "S". Now, Murray said that Life had informed him that they had gotten it from a leak through the Commission, and I contacted Life and he denied saying anything of the sort to Murray.
However, Murray insisted that that is where he got that and he figured it was public domain.
Mr. Redlich.
At the start of today's testimony when you mentioned the possibility of a leak with regard to this photograph, something that you said prior to the actual start of hearings, Mr. Rankin and I commented on that assertion.
Would you tell the Commission what we said?
Mr. Martin.
That there was definitely not a leak in the Commission, and that you would certainly find out what Murray was talking about.
Mr. Redlich.
Did you talk to an editor of the Detroit Free Press with regard to this photograph?
Mr. Martin.
I called at night. It was at night, and I asked for the news editor. He was not in, so I talked to a reporter, and he couldn't say anything about it. He referred me to Ken Murray and gave me his home telephone number.
Mr. Redlich.
The next item on Commission Exhibit No. 325 has reference to Stern Magazine.
Would you tell the Commission about that, please?
Mr. Martin.
Stern Magazine we have been working with since the middle of December. They have been quite patient actually. For $12,500 they wanted Marina's memoirs and photographs, available photographs for use in Germany
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