The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-05

threatened but never begun, show either
that INSCRIPTIONS piracy has become com
mon among those known as men of honor
or the law which is supposed to protect
plays Is In such loose state that tn,
rights OF dramatists are past all finding out
or there is lamcntable amount Of igno
rance among dramatsts and their lawyers
as to what the law is
So common have these controversies In
the newspapers and the courts become
that the public naturally expect them
The performance of "A Celebrated Case "
was not complete without an extra act in
court, where the Judge. lawyers. and con.
Trajectory witnesses assumed the leading
roles. And SO IL was i'm the case of Rose
Michel, Our Boys. the New Nngdalen.'
Around the World in Eighty Days" the
1.-Two Orphans. ""Thc Danichens." and the
ENiles." And recently. just rs &" Nv Som
had won for himself an enviable reputa.
ton at Wallack's, his paternity was called
In question by rival manager, who also
laid claim 70 the services of the young man
Is there any law for the protection OF
managers who have paid large sums for
the right Of representing foreign plays in
this country? II so. is that law. as well
as the principles Of fair dealing recog-
nized among honest men, INSCRIPTIONS
ly violated whenever opportunity is az
forded! Or has a manager no legal prop
erty In manuscript which he has bought
from the foreign author Or is the law
ON this subject In such state OF I'M
certainty that trial in court is neces-
n . Ia.
spective rights OF rival claimants to "A
drama Of foreign authorship; The last
question may be answered emphatically in
the negative. Whatever defects there may
be in the law, its meaning is reasonably GER
tain and clear to any lawyer who has
studied II carefully.
The copyright statute, which secures
the rights OF citizen in "a drama OF
his own production, has little to do with
foreign plays. 1t expressly declares that
protection shall not be extended to works Of
alien authors. Nevertheless, IL Is settled
that certain rights in foreign play may
be secured under the statute. If citizen
translates or adapts a French drama. or
dramatizes a foreign novel, he may copy
right the translation or dramatization. and
OF his own version. But Any other person
may make an independent adaptation Of
the original, and play it without infringing
the copyrighted version. On this principle
the Two Orphans " case was decided by
the Western courts. Mr.. MCKEE RANKIN
was cnjoined from playing Messrs SHOOK
X PALMER's translation, but not the trans
lation Of OXENFoRD.
IL Is not, however, under the statute, but
under the common law, that most Of the liti-
CATION concerning foreign PLAYS has arisen.
While the former protects only the produc-
ton Of citizen, the latter makes no distnc-
ton between native and foreign drama
fist. But the common law protects only I'M
published works. The moment foreign play
Is published In print, either in Europe or in
this country, all common law rights in 1t are
lost. II an American manager were 10 buy
the entire property In one Of SARpoU's
plays, and keep it in manuscript, his ex-
elusive right OF representing it would be
protected by the common law; or he might
secure the same right under the statute by
copyrighting the translation and keeping
the original from the public. But the diff.
Guilty is that the American manager rarely
buys the entire property In u foreign play,
but only the right OF use in the United
States. Moreover, the original Is often pub
lished abroad, or it is a dramatization of a
published novel In this case the printed
original, or the published novel, becomes
common property in this country, and may
be translated, drumatized, or adapted bv
any person, or number of persons, without
infringing any legal rights OF the assignee
OF the author.
The recent case OF the "Exlles" In this
city is good Illustration Of the law on this
point The Boston Theatre had bought this
play from NIcTORIEN SARDoU and EUGENE
NUS 1t was not, however original with
these dramatists. They had simply drama
tized Prince LUBOMTRsKIs novel. "Fonc-
tlonnares ct Boyards" When the Broad.
way Theatre Of this city announced the
" EXiles," the Boston Theatre obtained an
injunction against its productions; but as
soon as 1t appeared that the defendants
were not intending To use the plaintiffs YER
sion, but an independent drnmatizationma
by Mr. GEORGE FAwCETT Rowe from the
published novel; the Injunction was prompt.
ly dissolved. The rights Of the parties To
this suit We're clear. The Boston Theatre
had the exclusive right Of playing their
own version; but they could not prevent
any person from bringing out a new adapta-
Iloh from the original novel, however
closely it might resemble their own.
These principles of the law are as plain as |
they are well settled. ThIee-iourths of the |
cases which have grown out Of tho dis.
luted rights in foreign plays within the last
I'VE years might have been Just as well set
LED in the lawyers Offices as in court Not.
their past experience man
ayers 90 on paying amazing prices for the
exclusive use Of foreign plays, when the
Iuthor cannot give good title.
Tho only way in which American man
gers can be completely secured in the ex-
uslve use Of plays which they have bought
rom foreign dramatists is by a special
tatute for that purpose. But this would bo
recognition of the principle Of interim.
lOQal CODYriuht md Dnn1raaa haa a4..a