The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-18

ment was had on the points In the case heretofore
raised. counsel for Hart Mr. A. y. Purdy. contend
ing that the complainant. Boucicaul mad no rights
in court while Mr.. O'Gorman. counsel for B0uci-
cRult. on the other hand, contended that as tne
"Shaughraun1 had never been printed ana only
represented on the stage, there was no absolute
legal necessity to file copies with the Librarian q
Congress TO substantiate his claim TO copyright
Considerable interest Is snl manifested In the re-
suit OF rue controversy, but not to the extent TO
draw the leading members OF the profession nom
their other engagements TO the C0urs a. In the
first days OF the litigation.
Mr. Purdy on presenting his points, said Tho
suit Is brought to epjoln the use by defendant OF
4 dramatic composition called "SkiDbeah," as an
Infringement OF an alleged copyrighted dramatic
composition called "Snaughrsun,n OF which the
complainant claims 90 be the author ana pro-
pretor. In the amended bill II IL alleged that the
complainant, I'm respect 10 said drama, 'shaugh-
raun,' mas complied with all she provisions OF the
Revised statutes OF the United States relating 10
copyrgnis;u that he ''duly deposited In the mai
before publication or said dramatic composition
printed copy or the title thereof addressed 10 the
Librarian OF Congress. ana that the Librarian OF
Congress did, on the 26th day OF October, 1874
duly record The name OF said copyright oramalc
composition in q book kept for tnAt purpose, III
accordance with The provision OF said REVISED stat
utes;i and that the complainant did ~ aii Is,
acts OF Congress In such case maze ana
! provided, and then in force" NO other or
! Iurther allegation or q compliance Win the
! recurrence nts oil the law respecting Copyrights Is
made. II is tneR alleged IN The SAID amended OH
\ tnat thereafter, on the l4th day OF November
/ 1874 tine complainant caused SAID dramatic COM
/ position t''Snaugaraunnl 20 DO performed anu
| represented before persons licensed by MN oy
! tickets or admission purchased by them 10 wit
ness said drama, al WallackiS Theatre IN the city
T re- nightly to large audiences 30 licensed
10 witness the same, 20 tue great 0elent. auyan-
tage and prons Of the Complainant anu tnat tne
Isis the intention OF the complainant TO continue
TO perform and represent said drama, or cause
he same 10 be performed and Represented TOT MS
benefit ana advantage, ana that he confidently
| expects TO realize large profits thererom IL
| IS further alleged In she amended Dln tnat
the complainant's said play OF the ''Snaugn-
raunn mas never been printed Tor Circulation or
| published. circulated or sold. No publication nav
ing been made and no copies oil the play nled, me
nent 10 sue under the statute does not exist.
me statute must De construed strictly against
| tue complainant, and all It's requirements must De
complied with before the rgnS 70 sue Tor infringe
| meny or copyright 10 acquired. NO protection
Whatever il given 10 the author OF dramatic
composition, oy the statute, merely upon the Nj
ing OI his tite he has no rlgGt under the statute
until bis copyright Is perfected, ana the. Law ex
pEessly provides that he shan not be entitled %
copyright unless he deposits botn title and article
Ii is not the intention OF the statute 10 confer It's
privileges without publication ana deposit WITHIN
q reasonable time after the registration or the
title. At common law authors were protected IN
their literary property whlie sucn property re-
| m0uuacflpt
or control; but THIS protection dla qol sAte en
sufficiently far TO afford am pecuniary advantage
TO the author. II nc printed ms book aud sold 4,
mat act was Abandonment and the
protection OF the common law ceased; IL
ne placed his drama upon the stage, that
were aole TO carry 1t away in their mem
CRY, and TO that extent the protection
CARO- . dramatic composition Also 10 rem
edy this insullelency oil the common law prOtec-
uon, the copyright statutes were adopted, and
! a through
makers, said 10 all authors or proDrletors Of az.
erary properly citizens OF residents o. tne 9nitea
copies OF their productions. IN order that the peo-
! pie might subsequently Freely use them, such au-
tecIed IN any use they chose 10 make Of such
\ property Tor q certain stated period. The author
/ win al It's requirements. II only remains 10 in-
\ qRire whether the complainant may abandon his
clam under the copyright statutes, and TALL back
upon his common la rights Tue objection to
/ First-It appears that both parties are citizens
4 oil this state, ana consequently the complainant
/ mas 10 standing III TINS Court 10 ENFORCE MS com.
! Second-BY placing himself within the shadow
or the statute ne mas made his election and aban-
\ a0ned tile protecuOn OF tue common Law. By
/ nins MS title he agreed 20 gave hts composiuon
I 70 the pubic IN Consideration or q monopoly for
\ twenty -eignt years, znd he cannot now Withdraw
i rom Thar position. HIS own negligence or fraud
\ in NOT complying win the additional require.
\ ments Of the law vii not release him.
Ihtrd-IO claim At common law le must make
/ IL appear that the 'okiODeahr was actually
/ plratsd nom his drama. The common Law does
| moi protecI IRON an accidental similarity. Ii
| must also appear InaL The "Shaughrauau Was not
/ colied By ~ EFFORT Of memory. II tue defendant
pirated the .'shaughraunn By carrying u away IN
/ as memory the common law WILL not lnserIera.
ar. Plrdy, IN conclusion, argued that the &c.
nurrer SHOULD be sus aimed the pill dismissed and
the lnteflocut0rJ injunction dissolved.
Mr. 90 .rmsu, Ia presenting bis points In be
bali o. me complainant, bOuclcaulL welt over al
the ground tr2sersed ~ him IN the early stages Of
/ Tue caae. He contendcd. IN brief that The COM
palnant, DION Boucicaut, ciuzen OF the
I Juilca states aud resident Of The state OF New
YORK before October -, 1874, composed ana wrote
drrnatc composition called the '.>haughraun,n
d waicn ne = sole proprietor. on october %,
1874 he mailed 70 the Librarian Of Congress q
printed copy OF the tte or this play, AMI received
from said Librarian The usual certificate set
tlug orth tne SAID hing 0l the ute 81 sald VI =
mafic composition sthe right whereof ne tsaid
Boaclcaultl Gains as autlor aud proprietor.
conformity with the laws VI the Uniieo states re-
spectng copy rights.n Douclcault never printed
SAID play for circulation, Or Publication, Or sale;
AND Tie play has never been published, circulated
ar Sold or copied or usea, 10 any way VITA the
permission Of B0ucicaut unless IN tie perform
snce III SAID play 81 NaGack'A faeatre for Bouci.
c&alrs benefit Tne defendant Hart Is owner Of
a tAcatre on Broadway called the Theatre Co
mique lie possessed himself, surrspuliouslJ,
wisayut consent u BOucicdult, of tRe manu- cript
Of tue 'sshaugnraun," taus made himself ac-
ousmted vita is contents, anC DuDted ana PUT.
unaer me name o. tie "sEiobeean,n play winch
procssca TO " arranged" BY one Q. J. stout
Mr.. O'Gormsn then nOtes all the points Oh sim
iisrly between the two plays, claiming that the
scenes represented In the Xxx. 0Oeahn have been
ItAhtf0 from lht |chahAhF1uutt anu theh went
en- state inst hs cueAt had concerned with AL
the laws 81 copyright or toe United states 10 en.
able him 20 project his rights IN bc same, and 70
puuish those who would lnyade them. lie claimed
Inat tue representation u lhe tSkDbeahn was
violation or tee Revised Statues, Ter which
tloa lies ard a claim for equitable relief exists
Juags Huat took the papers, Teserying de-
clslOA.
THE LAWS SINUOSTT1FS.
In October last Edmund D. Bradshaw received
AZ Atom wayne county. tns state, letter pur
porting 70 have been mailed a. Middletosn,
Conn. signed A. A. Greeley b CO., asking the