The Sun.
London, England, 1867-08-30 00:00:00

DRAMATIC COPYRIGHT IN AMERICA.

(From the New York Times, August 14.)

The legal and dramatic professions have been
greatly exercised over the question of property in
foreign plays, the immediate cause of anxiety being
the allegation made in behalf of Mr. Lester Wallack
to the effect that Mr. W. J. Florence had violatel
his (Wallack's) rights by playing one of Robertson's
great London successes, entitled " Caste." The
case briefly stated is this—Mr. Wallack purchasel
from Mr. Robertson the exclusive right to play
" Caste" in New York and Brooklyn, and had in-
tended to make it one of the features of his fall
and winter season. Mr. Florence was in London
at the time of its presentation, and was so much
pleased with it that he went time and time again
to see it, carefully noting its points, business,
and phraseology, all of which he subsequently
wrote out for the purpose of producing it in
this country. Availing himself of an oppor-
tunity at the Broadway Theatre, made by Mr.
Barney Williams, Mr. Florence announced his in-
tention to play " Caste." Mr. Wallack, through
Messrs Win. Stewart, Theo. Moss, and counsel, at-
tempted to prevent the performance, and the matter
has been argued several days before Judge Barnard.
Two curious questions arise. In the first place, does
Mr. Robertson's sale carry, in the absence of inter-
national copyright, any authority whatever ? If
yes, for what reason did Mr. Robertson associate
Artemus Ward's name with his own in the author-
ship of " Ours ?" In the second place, on the. stand
Mr. Florence testifies unequivocally that he wrote
out the whole of this play from memory, without the
assistance of any notes whatever ; and this fact the
plaintiffs see fit to doubt. The first question is purely
legal in its aspests; the second is a simple matter of
fact. Mozart is said to have written out the whole of
one of Mendelssohn's overtures after a single hearing.
Mr. Florence has himself been subjected in earlier
days to tests quite as difficult as this, and it is within
the knowledge of every newspaper conductor that ex-
pert reporters have time and time again given, with
remarkable accuracy, long reports of sermons, poli-
tical speeches and meetings, written entirely from
memory, the facilities for taking notes not having
been at their disposal. Judge Barnard seems to
have been of the opinion that Mr. Florence was
doing no gross injury to the plaintiffs, as he not
only permitted him to play " Caste" on Monday
last, but to continue it during the week, and an-
nounce it for repetition this week. Whatever may
be the issue of the question before the courts, there
can be no doubt of its weighty bearing in favour,
sooner or later, of an international copyright law.
In the absence of any, the only way to secure con-
trol of one's play is to adopt the plan of Messrs.
Boucicault and Robertson in other instances, and
associate the name of a citizen of the United States
in the authorship.

(Fro:n the New York Tribune, 11V. 14.)

The production of " Caste" at the Broadway
has led to legal proceedings, which are ended for
the present by Jute Barnard's decision in favour
of the defendants. The facts in the case are these :
—" Caste" is au English comedy, written by Mr.
T. W. Robertson. It was first acted on the 6th
of last April, at the Prince of Wales Theatre, in
Loudon. It made a hit at the outset ; it was
subsequently acted many times, and it was gene-
rally considered to be a good and a successful play.
Mr. Robertson, a citizen of London, copyrighted his
play under the laws of England, retaining it, how-
ever, in MS. Except for its public performance—
which the law describes, we believe, as limited pub-
lication—it was never published at all. To protect
himself still further against piracy, and to reap, in
the United States as well as at home, the rightful
reward of his labours, Mr. Robertson availed him-
self of the opportunity to sell a copy of his manu-
script to Mr. L. Wallack, the manager of Wallack's
Theatre in this city—it being agreed between them
that Mr. Wallack should have the exclusive right to
represent it in New York and Brooklyn. In the
meantime Mr. W. J. Florence, making a visit to
London, wherefrom he has just returned, procured a
copy of " Caste," which he brought out at the Broad-
way Theatre, without the author's consent of course,
and in direct defiance of his expressed and known
desire. Thereupon action was brought by Mr.
Lester Wallack to stop the representation of the
clear
re e r andty
that. piFor
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Robertson and Mr. Wallack. In the shameful ab-
sence of an international copyright law, Mr.
Robertson, of course, has no copyright in his play
in this country. None the less, however, has ho
rights of authorship which gentlemen are bound to
respect. He has done the best he could, not only
to protect himself, but to protect the American
purchaser of his play in the enjoyment of rights of
property fairly and honourably acquired. Mr.
Wallack, recognising the law of honour, which is
binding upon gentlemen everywhere and at all
times, has obtained the play by purchasing it from
the author. In what iniinwr Mr. Florence has
obtained it his published affidavit shows. He
claims to have attended its representation in
London, to hive committed it to memory, and sub-
sequently to have written it out. Upon the
probability of that statement there is no need of
( present remark. If literally true, it gives Mr.
Florence no right to appropriate to his own use and
advantage the property of another man. The law
on this point, we believe, is yet to be properly
settled. The point of justice is perfectly clear. To
steal an author's manuscript is a(ltnitl wily wrong.
To commit its contents to memory, and then to use
it, is to whip the devil round the stump in a very
ingenious manner. While we lack an international
copyright law, everything that can be done should
be done to carry into fullest execution the laws of
honour. We know not what legal rights of literary
piracy may exist ; but to our minds, the production
of " Caste" at the Broadway Theatre under the
circumstances that we have stated is a clear case of
breach of equity and moral obligation.

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