New-York tribune., 1868-12-18
/ QUESTION or DRAnlTIc copYEIGHE
IMPORTANT AND INTERESTING DECISION BY
JUDGE BLATCuFORD-PALMEE AND JAZZ
RETT ENJONED FROM USING OR SELLING
THE "RkILROAD SCENE"

places Of amusement has just been rendered uy 1use
Batchford the United States Circuit Court Tor TINS
district
This is an application by Augustn Day for pro-
vislonal Injunction restrain Palmer Jarrett from the
nuhc performance and representation, and from tho
sale for dramatic representation Of scene called the
railroad scene" h play called "After DARK Inc
plaintiff is by profession dramatic author' Iho oo-
PENDANTS are the managers Of Nibo's Garden before
the 1t OF August 1861 the plaintiff composed and wrote
a dra,natic composition called "Under tho Gashgnt,"
aud ON that day ne took the proper steps 10 secure 10
himself copyright for the composition. .,,
scene I'm "IJnder the Gasght," and also that In After
Dark" and. comparing the two. ilnds tl9t ia9 oy
substantial difference between them ls tat what ~ cA
pressed in Days scene by stage directions Nlthout
fpokcn words is expressed III Bouccaults scene Dy IAN
mge pnt into the Of OF the chaacters judge
lachfod Then says; m Ln9 pay Uathongh prnted 6y
him for private The first inquiry is what Is meant
by the of 1856 bya dramatic composition Tnat -
positioni and what is meant by the right to act per
iorm or represent dramatic @ d"c o1 on Tho eShor
or proprietor OF copyrighted dramatic COMPOSITION
v;1 of acting performug or representing the same on
sige or public place, in addition To the sole rght TO
rrisht must be considered being conferred by tho
act Of 1884, for although that act only speaks OF eopy
ton print cut or engraving" yet under the language
OF the act OF 1885, dramatic composton designed OF
embraced within the act Of 1881 composition Ia the
sense which that word Is used IN tho act OF lsJg' 10
written or literary work invented aud set IN order.
dramatic composition s such work IN which inc nara
tive not related but Is represented " daoao ana Tc
ton When dramatic composition Is represented IN da
losue and action by persons VINO reIIe3ent ~ a. re, p
chnractor assigned 10 them seycTaly tho compoSonl
acted, performed, or represented anu II tho rcprcthi
tion II IN public itlsa pubic repescn.I&n W. & To- "c; c, ~
tenauce voice, or gesture. that which IL not real
vents on The tagc without epeakugf such be his part
i'm te plays the less actor In II than ono VINO
in addition notions and gestures, uses his voice;
pantonme is "a species OF theatrical entertainment IN
which the whole action u represented by gtaucbdlloh
without the Of words. A written WORK consisting
wholly OF directions set In order FOR conveying to IDEAS
OF the author on stage OF Public p,sSo "y mgnnS ~
characters who represent mo narrative "h"Hy ~
action, is As much dfahluo compo9llOA ue
signed or suited Tor public repgeseltA,loN ,.i as II
language or dialogue were useu III II 10 'onn.C
some of the ideas. Tic RAILROAD scene III te palnIH
play Is undoubtedly dramatic oompo'taOn' ,ht thoS,
parts ~ 10 represented by motion OF Vestne, WI'nout
language are quite NJ much dramatic composition rs
trnS .o of the railrosd scene in "Afer Dark" Iu
deed on an auay Of the two scenes IN the two hy.
Ia manifest that the most interesting and ATTRACTIVE ara
matte effect IN each pTOducrupy What uoiu W NJ,
mrut and gesture entirely irrespective ~ anything that
u produced by the movements aud gestures which are
prescribed aud ct In order 80 as 10 bc read hnu Nch
each arc Of but trug consequence 10 the progress OF
the series ot events represented and sommnnicAtsdt 20
tho intelligence the spectator by those parts of the
sceno which directed 10 Do represented hy noVcn'
aud gesture. The series 81 eVrnts so iclfc-eu.I ana
communicated by movement aud gesture alone o the M.
tegence OF the spectator according to the directions oD-
taiucd In pnrtnihr,V' .h INC wv P'.' u. .I,t I 1
which there 20 10 no feasible means ot cgrts-
rr,J irsCl with the BODY of B placed across IN such
manner as to Involve the apparent certain destruction Oi
his lie by passing train; the appearance oi a. ~ a
opening n ,he reegl'"e'e non on "I,1 % ~ a. '' -, Wv
furccssful efforts by A.. from within The receptacle hy
~ , @ trsek aud tho moving of the body Of Is. by A.
from the impending danger moment before the train
elac,d Intentionally on tic track with The purpose Of
having Them killed such idea Is ~ t,o pia,mlln pay
conveyed by tho iont medium OF Iangnse ateTsd utter gad
OF movements which are the result oi peseIioe o,c
s1gNee lem ''S uttered i the action, the narrative tic an
matte effect and impression and tue -IeH "i eNLlslh
sious dcsigned suited for public representations II
Il truo that IN one II wouun ana IN TIC Ohrr
shed aud in tho other confined cellar abutting
u-s. an ron bar; that in one A breaks down
door. aud in the other A eularges circular hole
that In one Is conscious aud Is fastened to tho
rail-, by a rope. and In tho other Is Is inseDsible
and Is not fastened and that In one there Is good
deal Of dialogue during the scene ana IN the other ony
a soluquy by and no dialogue. But the two scenes
identical In substance ms written dramatic c"npnsi-
tions IN The particulars ~ when the planun acsrs
that what he has invented and se Ia order IN The scene
OF FIRST impression An arrangement ~ musical notes,
forming n tune air. Is musical composition and the
copyrighted It, IL entitled 10 protection, Tho cx,
tent of protection has been the subject OF judicial
interpretation. In the case Of DAmane hgt BOosey
Youuge Coyers Exch. r.. 2ssl the pl'nihs proprie-
tors OF the copyright of m opera OF Anbcrs and also
aud also another copyright of The airs 81 the same
opera ed bin In equity to restrain the defendant from
lshcd several OF the with some alterations In the
shape ~ quadrilcs and watzes IL was claimed on the
part Of defendant that his work merely an adapt
auou Of the original aud, theTeforr not piracy Bat
the Court Gord Chief Baron Lyndhnst held mat II me
defendant had published the original air. though with
adaptations and harmoues or for different Instruments
IT. was piracy, aud that II WAS not liko the case OF an
nbridgment ~ book. where the purpose OF the abrdg
ment distinct from that OF the work from which
was taken ON this subject the Court says:
containing tho msee, parts o W th't he h aG Pa'9el enre
airs ard that IN one Of be r,. be- e,, atassd Z u ha' 10 'aes,
bar WLh rot to be fqrd ia IL Nos. Is .,d that !,, GOT
oudy because lat the aiaus, purchased as l entire oef' sed
~hPs n % ~ @ 1d In ~ sTnd ,r ,ipiS ,bSt the op.ps
!" % b core, vet n bs p,ts, we're entitd 20 the
whole CyriOr. they snt.led 70 publish the melodies
itatiou i adapted dncus only ila, .qa. decree Of
o. te gi belongs 70 70, oT i,nS sOr t sch @ n :, qu %
nal work as merit on gna In the composition
No modification be Ao~s some e.'es Ia that Of
'sEM'S IT. . & 10 s"G Of Is% . a.. a .' ad & s
, uthor proposed make Dss Of great use to practical
5 :. an Of sa study Ga must Gc SGds
@ S,S'S eau o. sSS,' s i the % Of m the S Becomes
.paey sust'nua the piracy h where the appropriate music
recognized BY ,hs Tue adding variations makes no dia'rene IN
| An Injunction was granted The views Of Lord Iynd
hurst In that were cited and approved by Justice
Nelson in this Court ho ease OF J0llo agt Jaques H.
Batchf C. G. r., Gls, go. They emineny sound and
Just aud applicable to the of dramatic COM
position designed for public representation. Such
position when represented exccs emotions and mparts
Impressions not merely through tho medium OF tho ear hs
the ear. Movement, gesture. and facial expression,
winch address the eye only IA much part OF the
dramatic composition as Is the spoken language which
addresses the only; ana that part Of the written
composition which gives direction for the novement aud
gesture is as much part OF the composition and pro-
teced by the copyright tho language prescribed to
be by the characters And this ~ entirely ire
spectiye OF the sot OF the stage OF machinery
mechanical appliances. Of what Is called In the Ian
guago of the stage, scenery or the WORK OF tho Seeho
Now in eonsonance with tho princIpcs laid down by