New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-18
THE COURTS.

PROVISIONS OF DRAMATIC COPYRIGHTING.
ARGUMENT IN THE SUIT OF DION BOUCICAULT
AGAINST JOSHUA HART FOR ALLEGED PIRACY
OF THE sHAUGuRAUN.r
In the United States Circuit Court. last Feb
rary, Dion Boucicaut the author of the drama entitled
The Shauehaun." filed bill in equity praying for
injunction restraining Joshua Hart the proprietor OF the
Theater Comque, from placing upon the stage OF that
theaer drama entitled Skbbeeah" the ground that
1t had been plagiarized from Tie shaughraun." Judge
Woodruff granted the injunction, making 1t nterlocuOry,
however, and required Mr. Boucicaut TO give bonds in
the of So 900 indemnify Mr. Hart for any the
latter might sustain In the event Of final decision in hs
favor A. H. Purdy and Louis f. Post. counsel for Mr..
Hart. then fled demurrer 70 the bill in equity, and
asked that be dismissed because 1t did not contain
facts sufficient TO constitute OF action Argument
the demurrer had yesterday in the United states
Circuit Court Mr. Justice Hunt OF the Supreme Court Of
the United States presiding when Mr. Purdy, using the
brief prepared by Mr. Post insisted that the bill Should
be dismissed Following is an abstract Of the reasons
put forward for this view:
The bill alleges chat the complainant in respect 70 The
Shaughraun" has complied with all the provisions of tie
Revised Statutes OF the United states relating TO copy
rights that he duly deposited in the mall before publ
cation of said dramatic composition, printed copy Of
the title thereof addressed 10 the Librarian 81 Congress,
the OF said copyright dramatic composition in
book Kept for That purpose. No other or further aega-
ton OF compliance with the requirements OF the law
resnecting cnnvrihts IL made n then ALLEGED i'm the
bin 1874. the complainant caused - The
the City Of NewiYork. The bill further alleges
that THE shaughraun" has never been printed
il has never been circulated, published.
or sold 1T S poq G age baT e e g tn bo
the ginning Of the suit publicly performed by the
that two printed copies thereof were fled with the
Librarian OF Congress sent by mail to him within ten
appear that the complainant has given any notice
that he has ever complied with the law respecting copy
no fhuf hQ led net
raun' is secured by copyright
tal his title maintain the bill. This Is elementary
No one is entitled to copyright uness he deposits WIN
the Librarian of Congress, before publication, copy OF
the title. unless within ten days after publication ne
also deposits with such Librarian two copies OF the ar
tcle The deposit Of The title as required, alleged in
the bill hut O allegation THAI copies Of the play have
been filed ia made except by the general avernient or
question under this point is, whether a pubic
Ierfoman OF dramatic composition u a :. pub'a-
ton within the meaning OF the Revised staiutes II IL
is then It appears that the play has been puJsAed 1T
copies been filed The ll il, therefore insufficient
AT common law such performance Is moi publication
this view but they al define the word 10 mean aha,
Comment" The publication of literary production ana
common law. but Abandonment to the public OF q copy
rghted work il utterly impossible during ne siatuoi
to tie pubic prior 10 the expiration Of TIC - yG RS dur
ing which the copyright Laws project Linn. Hence, IL
must be presumed that the word qualification IN The
statute it, used III different sense from 1f III WHEN
il usnd N common law Tie word publication, 81, used
in the statute should be taken III te popular Bat
II II be held thar the punc representation of drama
not pubicaon within me meaning Of the statute,
fer To second CAUSE o demurrer, hat the bl AYERS
that publication OF The Sau ,ATaun bas been made
No mi,caton having been made. md copies OF the
ulty filed the fig 10 under statute doc. not
st protection whatever u given 10 the auihuF or
dramatic compOson 10y the statute, mcicly upon n.c
fling OF bs title liz has no 2Lt under the stature until
his copyright is pertes cd, and tie Ia" efs5y pro-
yidcs thaI he sn. no De entitled 10 a copyright III,
he deposits both title AM article. IL is not tn In ni.ol
of tire sfae e. confer is privileges Nt.out pun cation
and deposit within reasonable tiue a:,r e ie4stI'
ton of The title. At common law authors were pr
teccd in their literary property willie snch
property remained in MANUSCRIPT ana wiAn
he,r possession and control; bns this protection
did not extend sufficiently far to afford any peeumaI{
ADVANTAGE 10 the author II lie printed ms DOOR a u ''
H. that act abandonment and the protection OF
the common law ceased II ne placed his drama upon he
STAGE that act was an dpdioiiith0 10 a.! WITNESSES eho
were able 10 carrt g ~ their memory, ana 20 th't
extent tie protection Of the law ceased la rcrrd
20 dramatic composition also 10 I.n'uy III >! '.''
cheney the common 4w protection, the cGpyrlE t stat
were adopted, ana The people ~ ibe United states
through their law MAX eIs si4 10 al antno-4 or piopr
e"ts ci IeI tr sn ,iau srn suf1,,' mr.
si ;ase he a,1tey 9Fntecte in any use
fhcr chose TO make OF such property TOY q certain
stated period, at tie exl alton Of which 1t VS. 10
The deposit to be lnai. for tA,s puIpoS'' AM 10
prevent fraudulent cial'.' anil mus, b. 50 con
st,ucd. The auho, "an ask 40 rights under y until hf
has complied w.th al - y, IONS An exc lloh =
made, logcyeI. ia .or"t iic authors or cert am a.
ci,s named III lion 400, "ic are lI"i.'ed 1r IN,
time limited, Tia, if. t"c an Gays bet| en- publication
and deposit, Jr ne % ng tide Dramatic colupe
tione h0vcyar are OH ted from this section. winch
urutctt lem uIil tNrF are cplit -t4- .f
n = &c 80, T. GiGl No protection 90 H4NtI 10 any
author .ad r-,t & suc exists nnu tie t.e r. fled
and the article publ n.l. Al Tie .cctOns W MEN cy
tend protection lei. other Than dramatic compost
lions ltve such protection oriy whore tie article Is N
9u I'D after tn fu- 81 "a. title, and Within the teIh
nii =" ny lac term ~ ten diys BET een tic d.
/ OF notification md Tie t1ic G. dCro3tus copies
And in the use 81 n drama fic osltion Tie protection
il withheld IiEs this term auI not given anti AFTER
the copyright is conIle ~ publication and cepo-i
The statute dos not intend 10 protect drama merely
formed the mind, :ne ia skeleton, or written
ont ia fii - Imply allows dramatic compositions ~
be copyright ii hooks rlay be copyrighted. And
when 50 coryrgltcd. and not uliui then, the
exclusive riait 10 perform upOn the stage accGies
The primary object The law IL 10 allow copyrights
for dran ,CpDsl Gus hooks. and the exclusive
right ~ perform hosc compositions l. merely additional
This appears Only by the arrangement OF the section
Int from tie fact also that naly the exclusive right
to perform WAS not secured dramatic compositions
could then be copyrighted Only IA books the exclusive
right 10 perform was given by amendment, and the
original act the amendment were consolidated IN the
Revised statutes.
Richard OjoIman. counsel for Mr.. Bouriealt claimed
that ac,cring to the DEFENDANTS own ahowins, The Dill
and the Injunction should stand.
Justice Hunt reserved his decision