New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-23
'LOCAL MISCELLANY.

ARlIST-2IGHT AND COPYRIGHT.
HISTORY OF The STRUGGLE IN THIS COUNTRY TO
SECURE TO A PERSON THE FULL BENEFIT OF HIS
LITERARY OR ART PRODUCTIONS
Readers of THE TRIBUNE remember Charles
Rpade's earnest demand for international copyright.
He elaied the products of mans brain were MS
propery IN the highest OF the word and that
comm uniIy rhica zss1fed DS robbery OF such prop
erty by N sneyiss< rteuBren Injured ITSELF FAR mere
than it gained State OF NewYOrk and to minor
extent in other 1s eery artist except 51r artist VINO
writes and publishes book. is protected in his rights
whether alien or citizen The assertion OF this artist
right began In a suit over Our American COUSIN IN
PHILADELPHIA before Judge CadwalIader- W. d. Booth
OF this city there argued Laura Keene right not uhoer
the Copyright law for Miss Keene, as an aen under IL
had no rights bat under her common law right to the
authors IDEAS After long delay. aud somewhat CON
fusedIy Judge Cadwalader sustained her right. Inc
same battle was renewed in Boston in the suit OF keene
against Klmbal In that the issue was distinctly
raised that presentment Of play on the stage was
publication and asserted that the copy Oh INC
play was not obtained surreptitiousy but the defendant
had sent his troupe the performance OF the play 10
learn their parts. This held TO be surreptlols
attaining Of the play In both the decision rested
In part on the idea that the play had been obtained sur
reptously but the courts thought that some KIND OF
use Of the play might be obtained by nemorlzng'
similar case over the play OF the "Octoroon' IN
the United States Court where first the fact that an au
thor might divide his right territoriay was recognized
In the courts OF this stat the first important case OF
this kind related to the play Of Caste" Mr. Waiack
had purchased the manuscript from Mr. Robertson inc
author for use this city. william j. Florence had pro-
duced the play and defense set up thar he 0Dtaned
by listening it wnen il was produced IN Lon
dom Judge Barnard heard the case and Ills friends
were counsel for Florence. Mr. Booth, though de-
featel declared that he would yet make the common
law right Of an author more valuable than his copy
right and the next case OF his-kecne against Clarke
went some way to establish his claim THIS was over
THE American Cousin" and the Superior court Sus
tanned Miss Keenes rght and ruled that the measure NJ
damages the gross receipts OF the Defendant "He
the nj " was performed at the defendants theater sin
further and the suit OF Palmer against
De Witt 3Ir Palmer had purchased from Robertson the
comedy named Play" Mr. De Witt published 1t as an
acting play De Witt claimed that he got his copy from
the memories OF those VINO had gone 10 the theater Win
legitimate purpose The courts below held mat persons
going theatcr 10 see play acquired no rights III lNe
v their only right under the purchase ~ tickets wd-
the right or enjoyment and mental Improvement luty
obtained and could convey Right " sell the play VI It's
Al tas tine came up an even broader qAestion One
Oes.e mad painted ami exhibited picture wien ne
called Ths Rock OF Ages" Ho gave right % repro
ducc cnromUs OF IL to dealer. Another dealer pro
duc ed chrDmOs not IDENTICAL hut closely F-Sen 'lihE ~
subject ami ire meut the original picture Inc court
held artist had the right to control Tue rrprotuc
since tnaI time purchase OF foreign dramas by the
managers OF thea has led 10 almost nnunetape sIilo
i'm which with occasional dra wback the dOctf1ue OI the
absolute rxht artist in mis- WORK when mas not Dr
cOpyrizL has been steadily advanced. one o. Jhc
LATER suits was " Fne Dancneffs" shook Palmer
had bought French authors rG1t 70 produce
the play N This CUQuiry, willie NeucudOiH, VINO Az
uoInced il The Gernania TheHter claimed To nav
rot Il from German publication " II. Ihe de4eul4it
Vps defeated on TIE ground that he failed to SHOW THAI
the publication made with the atnCTs direct ap-
proyIl. TIE counsel argued tEat case Tor 5Lo1A
PIcr, eXJud-c DitorhOefrr, Is OF the OJAeF slt III q
suib 10 be argued next .y between DaiY ana ficIGh
u dyIeEd tuc publication ~ the play "i Lemons. ne
seeks draw distinction between ths case anu ths
case OF Tue DaIlichefg-,' brCI,e CHroucn the or 4
uII Of Lemons" was pgArAeI IA EefilA Almost uhder
the cvps OF the author Without OBJ ctlun from NM
I1U most recent decision carries TIE " drt'trSAt
very far IL was given by Judge 5ptir N superior Court
special TcrgI IN the Of DAILY against Munro and
Dnds thar while may legally aDbIeyI lac, ADAPT Or
abrt cupyI lifted book, such Use eau be made Ofan
uuDu0Lslcd WORK OF art. Tie n Las case was u
pa!aphri.r Of " P,qgc, A. Story IA th' ut4cHuIht
bauer IN. Theory thu decision seems u De tAdt an
grfi,t'- right his work absolute. tie lJ SURRENDER
IN wholly 70 me puoir by deliberate act, IN Whicn
case Air Int Or he may snrreAderlt IN
part Tor le bcuHn, NGll Ihe CopyIlsA. ac: gives: ID
that puDc acquires some NsAs OF use oI thS
Viii ne &