The New York herald., 1877-01-15
LES DANICHEFF.


PALMER.
New YORK. Jan. II. 1877.
10 THE EDITOR TIE HERALD
We would be grateful for u little space in your
columns 10 explain our action in the matter Of tho
Injunction OF the performance OF .The Danichen, ~
advertised last evening BY the management OF the
Germana Theatre.
We have been SO often forced into litigation to pro-
tect rights TO manuscript plays purchased by US
from foreign authors that would ike to explain
rs clearly tho principles which ac:
and which we have sought 10 defend IL has
been again and again decided by the courts OF New
York. aud by other courts throughout the country,
that the foreign auhor authors OF unpublished
play have proprietary right in said play
legally known as stage right-and tnat said right Is
one they can sell and by sale confer property
rights and exclusive ownership q citizen Of
ident In United States II has also been again and
agair decided that the performance OF play is not
publication OF It abandonment of the exclusive
proprietary righ. therein OF author or purchaser
Acting under such decisions we, IN common with
many other managers havo Tor some years bean IN the
habit OF purchasing from the authors oi foreign plays
the right their successful works n the United
states. thus giving to these gentlemen partial COM
pensation ut least for tho profits which thoir works
may aggregate on tins side OF the Atlantic. Previous
decisions foreign authors seldom tte
recipients 0f dollar OF tho moneys accruing cre IRON
the performances OF their plays. In accordance with
those decsiUns therefore, anu IN conformity with the
practice OF a hoEUraUlc managers IN The spring Of
last year purchased through tue irm Of Fronch
the manuscript and right Of exclusive representation
In the United States Ut The play Lies Danchen, pro-
doced IN Paris during tho last and present tnear,ral
81 ,hors, Alexander Dumas dis and '.Pierre
twlky." We paid down round sum OF money aud
rslracted to pay certain royalty or eacn perform
, ". le Of the play gwen authorized by IN tho
ued States. The authors contracted to supply thc.
huscrpt, aud not 70 PRINT or permit the printing OF
h play any language whatever Tor term oi three
years. We received ;hc authors. through French
1 Son. the manuscript ot the play, second manI-
SCRIPT containing minute dircctons Tor the
scsae colcred drawings ot the costumes Of
characters and inoucls OF the scenery They.
through French 4 son. reccivod our money rney
and each hold copies or tho. contract between
The fact oi our purchase was made known by
through advertisements IN the public prints aud bv
the statements oI editors, ~ some OF whom fur-
nished synopscs OF the play, which others CLEANED
from the Pars press. Last autumn aston
ished by the Information that She play
mad been printed the German lang uuge--one IN
Vienna the other In Berin-and that copy vi
Il. the hands oi Mr. Neuendorn, manager OF the
Geripania Theatre and copy oi the Berlin version III
the possession o The ADVERTISING agent OF that theatre
With contract in our hands, signed by man vi
Alexander Dumas rcpuio for punctil,ous honor
NO believed that these pretended ''puDilcations''
we're ciandestns and surrcpttiOus, which belief subse
uucpt information iully confirmed and we took seps al
prevent without resort TO tiyation their USE
The result was that We received rom Mr. Neuendorn
promise that no Whatever should Dc made the
that he would not produce the play ut Gcrma-
until alter had boep acted AT theatre. There
The matter rested TIL last week, when again
surprised by announcement in tho German papers
city, and the bills 0f the Gernani THEATRE
that "Les Danchcn" would be played that on
saturday. January IL. We sent " Mr. NcucLdUrl 10
Inquire into the matter aud were simply told II
DO played for the benefit OF Mr.. trccuian the stage
manager OF that house. We again sent to Mr. Ncucn-
dorI and proposed to him that as he had announced
tue play anu opened his box sheet Tor the sale
Of tickets thereto would let the performance 70 on
ha W0ul hat X,t.
apcrlormancr OF rhe Danichcn, gwen with
Bent This he absolutely refused to do Nothing else
being lett to protect We applied Tor an injunction,
wtIcn was granted us. Immediate efforts made
10 upprlse MIR Ncucndotii but he coulu not be found
until seven O'Clock. sui, not desiring 10 be uEJdst
toward anybody, We then sent word 10 Mr. Ncuendorn
that tue formal service OF the Injunction would uc
made aud hrs audience would nct be disappon cd IL
he would have II ANNOUNCED from his stage that tho
play was played with our ccnscnl rais, TOO,
lie refused u very courteous terms, and
tue Injunction went into effect We have been
very reluctant 10 interfere WIN the performance
vi the GermaDia; aud our reluctance
heightened by our beiici That NO performance OF the
Danchen'' IN German wouia at all interfere with the
result OF It's pcrioi iancc III English al the Union
square .heatTc; ana II tho play had been purchased
BY Tor New York city oh'y No SHOULD scarcely
oavo taken the trouble We have But our purchase
the exclusive right oi representation through
out the whole United States. For that we PAID our
money contracted to pay more. Obviously, u Mr.
Ncuendorn has the right To perform the play IN New
YORK he has the rish, TO rlay IL 10 any other o'ty IN
French Italian. In short lie would make the exclu
sve right we purchased u right common 10 ali and
worthless to
Whatever the law may ultimately decide IN this
matter we believe that he who pays author Tor his
work has right TO u clear IA his right 10 The coat
he has purchased and also b1iisyo that lcw Viii
uuarreI with the principle that II Is right the forcgn
author should pay iVr tue use of his unpuD-
Ishod WORK this country, anu tla' he VINO irics to
secure MIN such pay SIMPLY dong what common
honesty dictates anu that AL mems sense OF eht VIII
approve. Very respectfully, SHOOK &sPAIMER.