The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-03
INJUNCTION AGAINST CHARITY

Can q Title to a Play be Copyrig htsd-
Notion to EnJOin the Production Of
"Charity' at the Fifth Avenue Theatre.
Isaac s. Isaacs vs. Augusrin Daly.-The plaintiff
IN this case moved yesterday morning for an In.
junction against the Fifth Avenue Theatre perform
ing the comedy advertised to be produced this
evening, entitled Charity" he was represented
by Adolphe l. sawyer, who read anldavits and
made q long argument in support OF his appica-
Lon The main afidavit is as follows-
PLAINTIFFS AFFIDAVIT:
y and County q Esg 70 F.'t e. Isaac Isaac. being
Thai he Is an attorney and cOun atlaw in this city
Un called as 81 that or or e s a 81
De- iS he caused to be deposited in the once q
OF the said composition the right whereof deponent
United States respecting copyrights whereby deponent
became entitled 70 the exclusive and yment Of
the ss Of the san Of 0:psssss
DePonsni further says au that the deenSans
Sero nndr his and ea n s t bis g
bssrns S e 9 1 certain y Sns "
produced in London England as deponent Is Informed
ns Saves ON IN, oa
matter LANGUAGE aud situations in said Gilberts said
the new pres o. London
Ad G the arSep
that ii the Defendant should perform and CONTINUE 10
ssHSnsnss MN greatly injured i
se.onaS ape to 1e fh might
and Performance of depOnents said dramatic compost
SCHEDULE 'A"-so M,sosp
LIBRARY OF CoNGREss
.%bs t De rememoered that on the 18th day Of De
posted IN this once the title OF dramatic imposition
Words " Ct ShSh I; IN IN s owns
snsss as ~ Isaac a The rS hs &c
S'As' lsigesips ffFSJpyrshss Of Con,.
4. Oakley Hall, for the management, read the
Amdavlt OF Thomas Il. French, the dramatic pub
Usher. and also one from Mr. Daily IN opposition.
Mr.. Hall, ID the first place, objected TO the jurts.
diction OF the Court and contended that under the
Ccpyrlghs law one could not copyright mere
title when it was admitted that two plays under
the same title were wholly ditYerent. He Also
argued that no injury could result to plaintiff en-
sithng nun to an injunction, as the two plays were
20 1lnerent Ia dialogue, characters and situation.
Mr., DALY's AFFIDAVIT.
- am proprietor and manager Of the Fifth Avenue
Ssvts OF the plaintiff and know he contents thereof
title TO play as annexed the moving papers is gen.
ns ana mat On rs 1e Gay Of the Pan sought
deny and submit the same, advice to the Court
compoon te 2ereoi c can BE- made eI
Subey @ e
ped i By s p E H. Sr BY ws%
autor OF the play about to be produced and whose per
Sss Seen uses IN hsad m 10 stop ~
and notably IN france appears by the fourth volume
chel Levy Freres PARIS the volume me
thereof % aSw a
piannn has any remedy he cannot suier nreparaIie
injury while owning another and, | am IN
same ttie BY suffering this latter to be performed.
age if any, can be adjusted by truth and verdict In
answer to the extraordinary allegations the planf
touching the mediocre character OF me
play which am about to represent allege follows
iprocured early January last exclusive right 10
posses and use manuscript copies of the play com
planned Of called Charity" written by the author OF
formed with signal success in this city. I can
not CONCEIVE why the plaintiff should allege that
Charity has not proven London. Ii Is
Still uDon the boards of the haymarket under manage.
ment OF Mt Blackstone, and supported in the acting by
eminent artists and am advised that 1t is likely TO run
through the winter Of the Haymarket If there
have been adverse crques it. there have also
favorable ones and by celebrated critics. Wherefore
alphabetically deny each and alega OF the Ola
an that his play called Charity VIII be injured by
production OF the Gilbert but the contrary
hat IT viii be advanaged hereafter by the which
oeHeve IN literary sense m ust attach TO the plantins
PRODUCTION by the public reminiscent flavor great
comedy by Mr.. Gilbert of the name.
Iihe Court reserved its decision, plaintiff stipu.
isIihg not 10 sue for damages pending the same.