The New York herald., 1875-09-14
AROUND THE WORLD IN EIGHTY
DAYS

The question to the right produce this play is
before the courts, and up for judicial de-
cson in the suit of Thomas Henry French ct al VS.
James II Connolly ct al, on a motion to continue an
injunction granted in the Superior Court the
defendants from performing representing, selling
granting to others the right perform represent
drama entitled "Arsund the World in Eighty Days.
The facts are these:-Julcs Verne of Paris, France
composed and wrote sensational geographical romance
the plot Of which capable Of both mar
rative and dramatic FORM and was evidently so de-
Iigned by its author. This romance he published in
French in 1873 and il was translated English IN tho
Rme year The author then associated with himself
Iramatst named d Emery, and produced his work in
he dramatic FORM making such changes in the plot
characters incidents and situations were desirable
md necessary for proper dramatic Treatment
The name of both the novel and the drama was in
French SIC Tour du Monde Quatrc-Vingt Jours "
The authors caused the drama be translated into tho
English language and gave it the title OF "Around the
World Eighty Daysn Both tho original French drama
and the English translation sold by its author TO
Theodore Michaels and by him transferred
he plaintiff, French, far as the United States and the
Canadas were concerned The plaintiff French has
duly transferred 20 his co-plaintin the Kirafys
Bhe right OF representation OF the English transln-
the United states and the Canadas in consider
Aton OF royalties reserved on each representation,
and the Kiraiys engaged in the business Of pro-
ducing the piece The defendants had produced play
under the same title the Grand Opera House i'm the
city Of Now York, and are engaged IN selling copies
other managers. This drama they claim to be a dram
Rtlzation made by them OF the novel published in
The United states 1873, with emendatiOns suggested
by having witnessed the performance Of the French
drama at the Porte st Martin Theatre in PARIS, in
June, 1874, ard they claim ndclcasblc creative
hight IN such dramatic The drama Of the de
endans n point Of fact resembles throughout and is
substantially identical with the original drama
m us English form, ami not with the novel,
varying from the novel in characters, scenes
Incidents and situations the dialogue being either sub
slantally identical with the English version or a meta
phrase thereof, with few local Amcrcanisms and the
atricn gags introduced. The plaintiffs claim to en-
drama as being an infringement Of the plaintiffs rights
as the exclusive literary proprieors OF the dramatza-
Won IN question IN It's authorized English version
fhe case came up for argument Yesterday in Superior
Court, Chambers, before Judge Curtis Mr. W D. Booth
appearing for the plaintiffs and Mr. William H. SchOocy
Tor the defendants
MT Booth 10 his opening argument contcndcd that
The law ol literature is based on Gg fundamental and
elemental proposition that tho intellectual labor
or an author, whether philosopher poet, nov
elst or dranatist, when reduced 10 form
and embodied IN distinguishing manner,
produces result which Is properly entitled 10 the pro.
lection Of the aw that but the author or those
deriving authority from him, are entitled 10 make use
Of this property. and that IL Is absolutely and cxcn-
ylusiyey his until h. imparts 10 others either i'm
Icncral limited way. lie claimed further that the
work defendants have done is not such as vould bo
protected in their hands were they the plaiuiins
rhey claim to have taken the scenes, incidents
mutations characters and dialogue in rart from
lhe narrative; to have patched IL together and
tdded tho results Of their observation Of tho
,lsntlns represented work This has been held
% be the work Of mechanic and not
., an author Authorship Is creative ACT and requires
orains. The law has not yet included scissors and
paste and stealing that category. Alter dwelling at
enrth ON the peculiar nature Of dramatic properly he
sontcnded In conclusion, that the plaintiffs remedy