The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-25
products Of their industry. And then we como

products OF their industry. And then we como
to this forciblo illustration:
The law which puts an arbitrary terminus on the
ownership Of literary property the same In principle
with that would abridge the farmers right to his
chards and grain fields there the remoest danger
that this principle would be applied to material pos
sessions. every English tongue weud elsmor for
Magma Charter 1ts actual application wouh raise every
Saxon hand In rebellion And yet for century the same
principle has been applied with impunity to species Of
property less valuable no less inyiolabe To-day the
English nation says to It's greatest poet "'Queen Mary
shall be yours for orty.two years and no longer" II
the genius had made beer barrel his tito toll
would run against all future time.
Less than one-sixth Of the volume Ia devoted
to tho right to play dramas. or the right TO the
play. which Mr.. Drone deslRnates by the term
playwright He thinks II preferable to the ex-
preston stagerlRht, coined by Charles Reade
In tho chapter on common law playwright. he
lays down the following propositions az settled
by judicial authority in America: First. that the
public performance OF manuscript dramatic
composition by the author is not such publ
cation as will defeat q copyright afterward
secured; and secondly. that no person without
leave may publish or publicly represent the
play. II obtained through fraud. or violation Of
contract. or breach Of confidence or II got from
its performance by other means than memory.
The last exception implies that tho right to
use play may DO acquired through tho exer-
else Of the memory on tho part Of any one who
attends n public representation OF II. We be-
lieve the late Judge Cadwalader OF Philadelphia
was originally responsible for this doctrine In
the United States. II has since been approved
in several State courts. yet. according to Mr..
Drone. the approval has been wholly unneces-
sary to tho decision in every case but one. He
ienounces II ma the most absurd OF all the ju-
o
property. and we are inclined to think he is
right. To hold. as some OF our courts would
do. that II is unlawful to appropriate a play by
writing II down in shorthand during tho pro-
gress OF the performance. but that 1t Is lawful to
appropriate ii by listening to the language OF
the actors and carrying their words away In
memory. seems to us an nbsurdty. A review oil
the authorities indicates that this distinction
will not long obtain. and that the courts will
eventually prohibit the use Of any means to de-
privc dramatIsts OF playwright because OF the
authorized public performance OF their works.
Tho courts. however. will not protect an Inn
moral play. 1t may surprise some OF our read
ers TO learn that the Superior Court Of this city
WIS asked to withhold its protection from the
drama OF Rose Michel" on this ground; but
Chief Justice Curtis held that 1t contained
nothing subversive Of good morals. This could
not be so confidently predicted Of the Black
Crook. and that production also has been at
tackled IN the courts; not. however. because It
was an immoral drama. but rather because II
was no drama at all. Under our copyright
statute only dramatic compositions can be- pro-
tected against performance by unauthorized
persons; and a Federal Judge has held the
Black Crook - to be n mere spectacle and not
entitled 10 protection ms Il dramatic composition.
The principal part and attraction OF the spec
tacle." says tho Court seems 10 bc the ex-
hibition Of women In novel dress or no
dress, and in attractive attitudes or &C.
ton. The closing scene is called Paradise.
and. as witness Hamilton Expresses IT, consists
mainly OF women lying about loose a sort Of
Mohammedan paradise. ! suppose with imita-
ton grottoes and unmaidenly hours. To call
such a spectacle dramatic composition Is an
abuse OF language and an insult TO the genius
OF the English drama" There is great deal
OF force in this view. but Mr.. Drono dissenis
from it on the ground that the dialogue in the
Black Crook brought II within the meaning
OF the statute. In England. the song Come
TO Perkham Ryo" has been held to be a
! dramatic piece.
| 1t will be evident from what we have said that
| the author Of this work is a man Of strong con-
| viciions. He supports his opinions by clear
and logical reasoning. without wcarisome itera-
| ton. and always states the opposite view fully
and fairly. In addition TO this. he furnishes
the professional reader with an excellent expo
sition Of tho law Of copyright and playwright AZ
! found In tho statutes and reports We think
his treatise In every respect the best that exists
on the subject.