The New York herald., 1863-11-24
New Adelphi In Lo0doo> 50 .A.. sAe plan..n BY frs.

New Adelphi In Londoo> 90 that The plaintiff by first
pae'ishmg tins play sb Dad. cond only copyright
unas the inter SIona Copyright act vot, l2)
vhh the reqnVsmeLt to Of vhcn he had complied The
"0Oleen ravu" hav ns oeen ess cred 10 the ordinary
uSder tho provisions OF the general Copyright
and Vet. ch,p 40 The clause in tie Intern tona al
Cepyrght act Il Et. chap ~ upon which the de end
Aas tod his argument is follows
Bee. TO- Neither tho author any took the author
G emposer Of any dramatic piece music compost
uou the invear designer .nsraver Of any print,
nor The maker at ce Of sculpture or any such
ssher work art os aid which shall after The pass
ing of this aci, be lrst published nto her Naesys do
M hons, shall have copyrsht therein respectively,
formance there other than such III aoy) ~ he may
become enI,ted to unaer this act
The Wee Ch ncelor Ser stating the caee sah thas as
- the nrs nd OF dege ceyi that there had been
no infringement by the de endant-shs con est vas
eiearw untenabIe, there WAS manifest piracy ana
the de had IN reality only made the mastr worse
by his bseq alter 70 color up his ece
paint The other ground Of defence, however raised
. grave and serious question az ~ tho righs OF mo
plaintiff under the circumstances, ,ne eoneen bawn
produced In London. The act upon which the ques
tson ned 7th Victoria chapter H. section 1a enabled
the Queen 70 extend to those authors who Grst published
books represented dramatic pieces abroad the same
rights aud privileges had been conferred BY the gene
raj Copyright act upon those who first published their
AniiGhse not complied with the requirements q tho In
lesnalona Copyright act aud. indeed. II was ntoe
Tor hm to have done The former conferred
ean rights upon British authors, while this act exended
those rights 70 fore gners. II contsnded by the
Raht tnet tne aet having tnis penencAi nsens Oou
Dot be construed to take away the privileges already
pceseesed by British authors, and thai 10
Intended simply 10 extend the rights of foreign.
e But the generality Of the clause (secton l9 could
Dot be got over and 1t clearly had the effect o. destroy
ing right Of the plaintiff to copyright this country
fhe former acts intended to apply publication
y this country and only in this country and Il had been
decided BY the House OF Lords In the Of Jeerys
oooeey that foreigner publishing his work the lrt
time in England was entitled just as much British sub
eot u the benefit of copyright England. Tho pantf
up 70 the passing OF this act enjoyed sort Of double
W Of
oxtinguish. The object OF the Legislature 70 Sc
sure 10 this country the benefit OF . first pub
keation, and " an author chose to deprive this
country OF that benefit he must take the con
sequences. Mr. Boucicaut must be taken by nrst pub
lshipg bis play in New York TO have elected und
~ the later act 7th Wet 12 and there nothing
- justify the court in restricting section 10, in
that applied TO Foreigners only and not 10 British sub
ects also. The plaintiffs contest, therefore, faiied and
Dass follow the result The bil would therefore be dis
Dtssed with costs.