The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-14

vi the bdm6 buDIeCL-tu8t ID OF lrlBn HE ana
character. Mr.. Reeve says so-ne OF all men to
be naturally supposed the most sensitive IN recog-
nzns ns9 y any, IN me play Of s
We are informed there Is
WAKE SCENE
be found In the play OF bryan O'Lynn.n Now.
dead men are not taken out OF play at all times
they sometimes exist In reality ~. axes are COM
mon events-or used to be-in the Olden times,
and there IL no necessity for any author 10 claim
taat ne discovered Sc. wake, which is q part OF me
tween s 4ns two plays, that OF the ,'shaughraun,"
Greek tragedy and one OF Shakespeare's COM
edies-no similarity whatever. Again, we are told
used by MIR. Boucicault as In the wake scene which
Is taken from Mr.. Hall's "Ireland.n ana the Ian.
establish this is ses forth ii some Of the deend
ants afndavits.s will not detain Your Honor by
assaT yo e5 anno1 a sa as part Of the
In moment that IN IDEAS In execution, In the ex-
preston OF human emotion, there Is not the slight
Honor, at this stage OF the case there does not
seem TO be anysnlng more that can say. I do
will here, before concluding, merely add that II
seems TO me that there IL kind class OF cases
tiOn Of the aw, Win stronger claims OF Justice,
ID o9a Ann tais xnd o. literary property In our world
as care a. mae xaTI sts play
100 much Of the latter and too little OF the former
And | CONFESS I think the community owes
Of release rom anxisytaas F'' pac us ~ Deore
us an evenings entertainment in which no emo
and generous. THANK the man shat enables me-
to see play which rennes me by tears that never
enieeole and glads me BY Laughter that never de-
grades. Mr.. Boucicault may IL please Your
Honor, Is benefactor to society, and his works
as such 6enelactor, IL seems TO me, ought to be
thing the better for u.s. and It Is Tor the protection
OF such we now appeal to this Court-that all pa-
vented that the lather shall not see his child kid
mapped before his eyes, his child dressed In new
degraded BY the same and II Is in that aspect as
father reclaimtng his own child-his own literary
ms o sne ntur o. Ss own nra hin
Is what we now ask the Court to help Us to
reclaim.
Mr.. Purdy, Tor the defence then addressed the
Court Counsel confined himself very strictly
rensc ior denial Oy me Court q the application
for an Injunction against his client. He said
restrain the defendant from performing play
called .SIibbeean" at the Theatre Comlque, on the
s na Is ~ q the
aidavit he moves for the injunCsion s' The r BIZ
states This ID denied for want Of knowledge or IN
formation suinciens to form belief and 1t is al
legged that he Is resident Of Great Britain It also
states that he Is the proprietor and author OF
.shaughraun" This - also denied. II is stated
,b the o mat tine complainant has
gard to copyrights. But we deny that ne has ever
done more than Deposit with the librarian Of
shows that the play has been publicly performed,
without reservation, many times. 1t also charges
with "shaughraun" in purpose, plot, incidents.
stage acsion scenery, business, costumes and, IN
as 20 INT
defendants knowledge. except BY lew specl6o
oefeAdant's af1davits. The suit 10 based upon the
copyright statutes Of the United states,
c Your sDno BY .s nsm NO pss
son can cbt6in copyright unless ne ii q
SlIzsn OF the United states or resident therein.
he ~. be 10 naturalized, and not natural
born citizen: The use Of the word citizen, there
should be specifically set out, or his certificate OF
citizenship attached. AS the defendant is not
within the knowledge OF the complainant, the
denial Is sufiicient and the Injunction should be
refused; At least the complainant should be re.
charged That he Is not resident because he Is not
here with an intention to remain here per-
residence, wherever used In law, is defined by
inquirtng whether the presence here Is with
person shall be entitled to o copyright unless he
deposits with the Librarian OF Congress, before
Ssp cSpy Of Se s and WITHIN
lsecuon 1860, R. 81 IL is conceded that he de.
posted the title. but he does not show that he has
uSpOoAtoA ouy oSPtSc Va Onnue ouu duu IuoL
ne mas Is expressly Denied The burden Is on com.
plainant, however, 10 show his compliance with
::snauehraun" has been publicly performed nat at
walack's Theatre tor more than seventy nights
Ct the instance Of complainant Tue question,
..publcation" within the meaning Of the
IDENTIFY has not secured q copyright, and must fail
in this suit. There can be no doubt tnat at
common law such performance Is not q pubiica-
but II must be borne mind that all these author-
tiles define the word TO mean abandonment The
donment TO the public are synonymous terms at
common law. But the abandonment to the pub.
during the statutory period; hence the word
publication In the statute cannot be used as it
Is at common law, without depriying the statu.
tory language OF all meaning. But further, tine
same section which provides for the copyright
OF dramatic composition provides also for
necessary to acquire valid copyright OF either.
Is 1t possible that STATUE may be copyrighted
alter Its first pubic exhibition : Dan it be that
statue may be publicly exhibited, for an indefinite
time, no photograph deposited. and tne owner re-
celve protection under the statute because he
once deposited the title OF the statue with the
librarian Must he make and sell copies Of his
tany not How then can such a privilege be
claimed for q dramatic composition, when the
word "publication" as used IN the e. statute
But, IL De held tnat the public exhibition
OF dramatic composition Is not publication under
ths statute, we contend that the complainant is
not entitled to his SUIT upon the facts pre-
sented until he has deposited the play as required.
The law does not intend that the mere regis
traitor OF title, without publication and deposit
within reasonable time, shall confer the privilege
oil copyright II 1t does. the door Is open uncon
trollaDe fraud and the community ID deprived OF
the rights TO which they entitled, ia consdera
ton OF the privileges they confer. The statute
provides That no person shall be entitled to copy
right unless he deposits both title and articles and
dramatic compositions are not excepted. The sta
tute must be construed strictly against the CON-
plainant. He must comply with Oil its require
ments. English laws provide for copyrgnting
dramatic compositions different from our laws
1t was not the intention Of Congress 10 protect
dramatic compositions at all upon the mere fling
OF ttle Section 1895 r. B., provides that the au
thors OF certain articles named shall be protected
for the time limited Immediately upon hing the
title; but dramatic compositions are internationally
omitted. They are provided Tor, however, In the
following section, which does not protect upon
fling the ttle but only after they are copyrighted;
thus plainly drawing distinction III thus respect
between dramatic compositions and other art.
cles embraced IN the copyright law. (ss 1906;