The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-25
BYRONIZING PLAYS.
Devere Takes EngaEed''-Is the Purchase OF
Foreign Dramas UseIesst

Glbert's comedy, Engaged" was pur-
chased for the United States by tho actors
Sothern and John S. Clarke. The plan was for
Sothern to appear in it at tho Park Theatre in
this city but his inoss prevents him from
keeping the engagement, and tho play is TO be
put on tho stage next month without him.
George Devero was one OF the company
that Sothern took to England last season.
Tho American artists shared in the London
failure Of "a Crushed Tragedian." and came
back with ill-feeling toward Sothern. whom
they accused OF unfair treatment Mr.. Devore
now announces that he has copy Of En-
gaged." and intends II tho piece succeeds ut
tho Park. to put II on the stage in other cities
He claims that he wrote out the play from
memory. after witnessing it's performance for
week In the Strand Theatre. London. and says:
According to the decision OF the courts. can
enjoy undsturbcd all the profits may gather
from this feat of memory. | have no desire to
produce the play in New York. hut there Ia n
wide field open 10 me on this continent and
intend 10 fully avail myself OF the privilege"
He adds that he has an Offset to tho moral right
OF Sothcrn ana Clarke ia the play. but docs not
dcsire to explain it. II IT, understood to arise
from broken contract with Sothcrn.
Mr.. DeVerc's course. viewed in connection
with the case NJ Edwin Byron. the actor, who
carried OF A Ceebruted Case from the Union
square Theatre in his memory, IS somewhat
startling 10 managers who buy iOreign plays.
Shook 4 Palmer purchased "A Celebrated Case"
~ Us French author. paying 10000 for tho
American right. Byron wont night inter night
to hear II. until he had obtained. 10y writing out
what he could remember Of II after each per
formanco. u nearly correct copy OF the whole
piece. Then he organized a company In Dos
ton. and advertised 10 open in Lynn. shook
Palmer Obtained temporary Injunction, hut
Byron's testimony as To how he Obtained the
play was u complete defence in law and the
Union Square managers wore not only unable
to prevent his use Of their property, but were
compelled to pay him $500 damages Tor inter.
fcring with the Lynn performance. II is said
that Boston manager was the real principal in
the Byron enterprise.
Tho constru ton 81 the law under which
Byron won his viriOry seems To make the tx
pieces cannot he copyrighted here. and have
been only defended on the ground % property
in the unpublished manuscript. some PLAYS
are published abroad. and thcrefore may be-
used here by anybody who wishes tO. Pima
fore IL an example. and IA now being acted in
nearly all pt our large cities without the pay
ment Of royalty TO the authors. But Of late
foreign dramutists have generally refraincd
from publishing. thus enabling themselves to
sell in the American markets. the courts here
ruling that the manuscript Ia property that
must not be stolen. However, the principle
that n play may lawfully be memorizad 10y
listener. and In that way n copy obtained. has
been established by repeated dccisiuns-one by
the Massa husetts Court Of Appeals-nnd II
practically destroys all defence OF foreign pieces
Ii is not very nj 'ult feat for a man with
quick memory to obtain without notes u good
enough copy OF any play Besides. n surrcpti-
readily be- covered by testimony that memory
nlDne had been pmuloVpl.