New-York tribune., 1875-02-15
THE COURTS.
A PLAYwRIGHrs SUIT FOR PROTECTION.

THE SUIT MR. BoUCICAULT TO PREVENT AN AL
LRGED INFRINGEMENT CT THE sHAUGHEAUN.
In the United States Circuit Court, on Satur-
day the final argument made Dion Bouc icaute
motion to Joshua Hart from producing, at the
Theater Conque the play entitled "Skbbeeah." on
the ground IL Infringement OF the copyright
Of the play entitled :" The ShauGhraun." hr. O'Gorman
of counsel for Mr. Boucicault read a lavt OF j. b.
Wright of Walacks Theater, 10 the effect shat the
greater part Of "skibbeeah" was Identical with tho
greater part If The shaughraun also the affidavit Of
Mr. Boueeaut in which he SAYS that he never the
play called "Pyke OCallaghan," from which Mr.. Har
claims to taken "skiObeeah," and from which US
Mr Hart tntimates, Boueicault wrote "The Shaugh-
raun" Mr.. OGOrman next read the affidavit of Wyber
Reeve the author OF "Pyke OCalaghan." In that ai-
davit Mr. Reeve says that "Skbbeeah" Ia not in any
respect taken from "Pyke O'Callaghan,' anG then
states that "SRbbeeah s composed OF that play and
THE 6haughraun"
After the reading of the atavts, Mr. Pnrdy of eoun-
sci for Mr. Hart read certificate OF tine Librarian OF
Congress 20 the effect that copy OF Inc sDaughraun
had been fled in his office. Tnen reading from the Drie
prepared oy Mr. Post, Nr Purdy claimed to have estb
lshed, among others the following points:
The complainant alleges that he Is citizen; but, II he
a. he is q naturalzed and not born ctizon His natu'
razaon should bo specifically set out or his certificate
Of citizenship attached AS the defendant is not sup
piled with this information, the denial is sufficient aud
q
to a copyright unless he deposits with the Librarian Of
Congress before publication copy OF the title and with
in 10 days after publication two copies OF the article 1t
conceded that ne deposited tne ute; nus NE G0os npI
raun" and that he has Is expressly denied II u con-
ceded that The ShaugN raunS has been PUBLICLY per
formed at Wsnack's Tleater for more than seventy
nights at the instance OF complainant Inc Ques loD
tne refore is whether the public performance Of
drama1ic composton is a publication" WITHIN the
meaning OF Revised Statutes Ii 1t s the complaint
evidently has not secured copyright, and must fai in
tltIsS sui
such performance is not publication. Ioe puOca
ton OF literary production ana lts abandonment t
the pu bic are synonymous terms at common law But
an abandonment 10 the pubc OF copYrlgAteI worA Is
utterly impossible during the statutory period; hence
the word publication" IN the statute cannOI be used as
IL 10 at common law without depriying the statutory
language Of all meaning. Tie word " puDhcatiol, as
used in the statute he taken IN its popular sense
But fiL held that the pubic exhibition OF dramatic
composition is not publication under the stAtne' We
contend the complainant not enutled o nls SUIT
upon the facts presented until ne mas aopoSe .e paX
required. TIE statute PROVIDES Hhat no PEI sni %
be entitled copyright unless he deposits DOTH ute
and article; and dramatic compositions are not ex-
the complainant He must comply with MI It's require
pens These sections also snow thai Congress dd not
intend that the mere ming OF title should constitute
copyright and unless there is copynght the snis ias
a, snee,fically o6iected ~ was taken
terial with aId from The Shaughraun' IL was ue
deendans right uso the material he dld ana 50 long
a. ne did 1.-The shaughraua" for aid, any SIM
uarity is not infringement. l.,
all material respects identical with The shau,hraun;
Il appears that defeddanvs play Is also suesisnsiH
the alleged copy aad In which tue r.s
no interest Hence Ii reasonably follows that Inc
sh.ngornun" Il antfaIy Identical with the aame
nisys auQ books. Therefore ID not original ana the
compatnasts copyrght Is invalid at least Ia 81 Iar as
S1s NAV substantially similar 10 the comnou material!
In ali respects In regard 10 which NO specincay con-
plains IL Is substantially smnag w ths cowoa liase
fial. - 80 a., nn,. .,a,oad that
Al the close OF his argument hr Purdv eiaune4 HS
sutaent facts had shown W cast uouot as W e
onnsiity and VALIDITY OF the copyright claimed by Mr.
Boucicaut aud that, therefore, the lnaneuoA prs Oh
for should not be granted: -. o,oo...
claimed that it had saown that "snbbssah " was
in "a scenes, least plagar1zed from IAe ch'su
ghraun" and that Mr BOuccault had, by depostihs IN
the mah a copy Of bs play, addressed TO the LoraIiu
Of Con gress, complied with the provisions OF tne oP
riant law H5 also claimed That Mr. BoySle>in., IN
causing hts play DO actcd for his DenSnt bt Waacgs
TIeater had abandoned IL 10 the public Out that II
was s his owu and entitod TO the projection Of the
common law. Ia support Of the claim that Skobeeah
Was 10 a very great extent taken from "PYko .OCal-
lagnan," not from Tho Shaughraun. Mr. Busteod
read the OF former plays and IL appeared
tbst Inc one was almost Identicai with the oIaer
Judge Woodruff reserved bis deeisiOn.