The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1876-07-08 00:00:00

DRAMATIC COPYRIGHT.

On Monday, at the Cierkenwell Csunty Court, the
adjournhti case came on for hearing, in which Mr.
Fras. H. Bodda ogled the Clerkenwell Benevolent
Society for the penalty of £2, incurred by performing
part of the opera of the Baheinian Girl, without the
consent of the plaintiff. Mr. Shaw, barrister, ap-
peared for the plaintiff ; and Mr. Lewis, solicitor,
for the defendant. The pert of the opera of
the Bohemian Owl, entitled " Tne Dream'," or
"1 Oreaint I daelt in marble halls," was sung
withont consent at a concert given by the Clerken-
well Benevolent Society at the Agricultural Hall,
on the 13th of December IRA. The cite on the vart
cf the plaintiff Wai that Alfre i Bunn Was the author
of the opera, and by his wili left that and all his pro-
perty to Cora Stella. The latter afterwards assigned
by deed all her right and interest in the opera to Mr.
Harrison and Miss Fyne, who were in partnership,
and a Mr. Has baying come in as mortgagee of the
English Opera-house, Mr. Harrison and Mr. Hae, in
1868, assigned their right and interest in this and other
operas to Miss Louisa Pine, whose husband is the
present plaintiff. The deeds were put in which showed
these facts.

It was objected, on the part of the defendants, that
no proof of authorship in Alfred Bunn was given, nor
was any entry made at that time at the Stationers'
Hall of the copyright of the opera. It was stated that
had permi)sion been asked to sing the song for a
charitable purpose it would have been granted without
a fee. Mr. W. S. Johnson, printer, said that on the
27th of November, 1843, he paid Mr. Bunn the sum
of £5O for the right o.f printing and selling the opera of
the Bohemian Girl, which he deducted from Mr. Bunn's
account. He set up the type and music of the
operaof the Bohemian Girl. Mr. Robert H. Douglas, of
the British Museum, produced the book of the opera
of the Bohetnian Girl deposited in that institution on
the 9th ox November, 1844, by Alfred Bunn. Mr.
Lewis, on the part of the defendants, submitted that
no evidence had besn given of any authorship in the
opera by Alfred Bunn, nor of the right of copyright
in the plaintfff. Alfred Bunn did not rsi)ter the
copyright at Stationers' Hall, and he may have
taken the song from some other book, or have
bought the right of representation. The copyright
In the music, as appears by the entry, at Stationers'
H dl, was in Emily Chappell, and Alfr, d
Bunn appears to have bag nothing to do with that.
There was no case decided in the Law C mrts of
the copyright of a song taken from an opera as in
this case. This was a musical composition, and the
singing of it was not a dramatic performance, which
would bring it within the meaning of the Act of Par-
liament. The Clerkenwell Benevolent Socfety was
not a corporation, nor a partnership, nor a firm, and
c ruld not be sued. Mr. Shaw, on the par; of tt e
plaintiff, submitted the singing of the song was a
dramatic peiformance, and that the plaintiff had the
right of representation.

-His Hon-our, Mr. Gordon WnitbrPad, said he had
come to the couclubion that the defendants were not
such a body as could be sued, and on that point alone
he decided agaiubt the plaintiff.—The Times.