Fast forward a decade. A relatively new entertainment medium, cinema, is finally hitting its full stride and one of the epicenters of the explosion is Germany, where an Expressionist movement is taking the country by storm. A small art collective known as Prana Films, spearheaded by artist and spiritualist Albin Grau, produces a vampire film called Nosferatu, Eine Symphonie des Grauens, whose screenplay, penned by Henrik Galeen, has taken for its direct inspiration Stoker's Dracula. However, to avoid having to pay anything for intellectual rights, Prana Films never seeks permission from Florence Stoker, still alive and well in Britain. The names and places in the silent film are all changed from the novel in a naive attempt to avoid infringement. Count Dracula becomes Count Orlock.
| Florence Balcombe, sketched by her former love interest, Oscar Wilde. |
What follows is a one-woman crusade the likes of which has never been seen in film history, before or since. Represented by the British Incorporated Society of Authors, Florence Stoker, as literary executor for the estate of her late husband, files a sweeping lawsuit against Prana Films which calls not only for financial compensation for the use of her intellectual property, but also the complete and total destruction of the film itself.
The legal battle would rage for over three years. Prana Films declared bankruptcy due to legal costs, and also in an attempt to avoid making payments to Mrs. Stoker. Meanwhile, the company's lone production, Nosferatu, continued to play throughout Germany and Hungary, but nowhere else, its international distribution halted by the litigious ruckus. Ironically, the success of the film in its homeland had made Stoker's copyright even more valuable than before. Prana would even try to make a deal with her, offering to cut her in on the film's profits if she would allow them to expand the release and use the Dracula name. She refused, insisting again on the torching of the film.
| Hamilton Deane |
In July 1925, the court ruled that Prana Films was in direct copyright infringement of the intellectual property of Florence Stoker. Financial reparations were ordered, but the failed company was unable to pay. The court also ordered that the negative of Nosferatu, as well as all known prints, be rounded up and promptly destroyed--the only known case of a "capital punishment" ruling on a major motion picture. It would be the only movie ever made by Prana, and had not been seen by anyone outside of Germany and Hungary--including Florence Stoker.
With Nosferatu seemingly destroyed, Stoker continued to reap the rewards of Deane's official stage adaptation. In fact, she granted the American stage rights to producer Horace Liveright in 1927 and Liveright hired John L. Balderston to adapt the play for U.S. audiences. It premiered on Broadway with virtually unknown Hungarian actor (had he seen Nosferatu during its release?) Bela Lugosi as Count Dracula, and ran for a year on Broadway and two more on tour. However, in another case of intellectual property shenanigans, it turned out that Bram Stoker had never properly seen to the U.S. rights for his novel, and so it was in the public domain. This meant that Florence Stoker never received her full payment for the American production from Liveright, who was no longer even alive by the end of the play's run.
Florence Anne Lemon Balcombe Stoker died in London on May 25, 1937 at the age of 78, survived by her son Irving Noel, granddaughter Ann Elizabeth, and newborn great-grandson Richard Noel. In her later years, she no doubt enjoyed greater financial prosperity thanks to the stage production of Dracula, as well as other licensed properties like Universal's film and it's 1936 sequel, Dracula's Daughter. It's unknown whether she was aware of Nosferatu's survival, or how she felt about it if she did know.
The film remained an obscurity for decades, playing here and there, but never being fully embraced by audiences. It finally reached a wider audience in the 1960s, when it found its way to late-night television, along with whatever other public domain films were available at the time. Renewed interest in the film finally led to the resurfacing in 1984 of a complete print--the first found since its attempted destruction nearly 60 years prior. The uncut version played at Berlin's Film Festival that year, a stone's throw from where it had debuted in 1922. Free at last from the shadow of Florence Stoker's wrath, Nosferatu took its rightful place as the seminal vampire film that it is. It was released to home video for the first time in 1992, and the 2007 DVD release is the very first home video version to include the original music, all original scenes, plus the original color film tints.
| Florence Stoker and son Noel, circa 1882. |