Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-01-31
Pirating the ssPirates.,,

! lNcW IOfk 0E8pllC.I
Rumors have been current for several days
| past to the effect that certain provincial and
| metropolitan managers have engaged In a
scheme to pirate and play Messrs. Gilbert and
Sulivans latest production, the 'sPirates of PEN
Zance." To-day these rumorS were confirmed
by Mr.. Gilbert, who, however. expressed conf
dence In being able to defeat the project at
| every point He was met by Graphic reporter
| in the 5th Avenue Theater, and readily con-
sented to explain the situation so far as himself
and associate were concerned, and to give In de-
| tail the plan Of campaign which will be inSt-
tuted against the pirates so soon as their first
81 presume" said the reporter ..that you
have heard that an effort VIII be made to pirate
the 'Pirates?'"
'.Our Information on that score seems to be
conclusive" answered MI. Gilbert. 1--WE do not
| and permit these people to rob us OF our
rights !2To'',, ro,, onoo.,ons 70 ,,,ro t,a
names of the managers who are engaged in this
movement"
s.Not at present; it would be premature Be-
sides, it might interfere with our plans Of de-
81 hear that it is claimed that the opera, hav-
ing first been produced in England, invaldates
the copyright, and gives any manager who
cares to make the venture the right to produce
| 1t in this country, whether or not you and Mr..
Sullivan consent" N
"Yes, that seems to be their main gro1ni
| for a deliberate STEAL" said Mr. Gilbert. bat
their claim is not tenable The American courts
take more liberal view of the term .publlci-
ton than do the English courts. The English
courts hold that performance on the stage Is
publication within the meaning OF the act,
whether or not the book be printed Or puo-
liShed. Those American courts in which taiS
question has arisen have decided that per
Torrance on the stage does not constitute pub
ncation, and that to constitute publication the
ltbretto must be printed and publicly sold IN
der the acts Of 69a
one i'0 country loses all control Of It in
the other. Consequently, the performance
to it's production In the United States does
not deprive the authors Of their rights here,
whereas, If the piece had been performed IN
America before 1t was put upon the stage in
England, the authors would have lost all con-
troll over. it in England, notwithstanding the
fact that They are naturalized British subjects.
This was illustrated in the case of Boucicault
against Chatterton, in which the 'Shaughraun'
was the matter Of contention. In this case it
was held by the English courts that Mr.. Bouci-
count of having first presented it on the stage
in the United States. II the play had been per-
formed in England before being brought
would have retained ali bis rights. We
maintain that any attempt to steal our
piece is a felony under the common law"
MI. Gilbert said further that in order to frus,
trate the pirates agents had been secured in all
the important towns and cities OF the country,
who We're instructed to secure tnjuncttons as
soon as the play shall have been announced for
performance. While this might involve the
authors in numerous lttigations, he said, they
would willingly face the music. AS an addl-
tional precaution they had mapped out routes,
secured dates, and would at once send out five
distinct companies, who would visit every large
city and town in the country. One Of these
companies, he said. would play a season In
Philadelphia, second would visit the New
England states, another ST. Louis and the
towns and cities in the vicinity, fourth will
''take I'M Cincinnati, while the company now
engaged at the Fifth Avenue Theater will take
the field under the management of himself and
Mr.. Sullivan at the close of the present season.
during which it will play the pirates" in Chica-
go, San Francisco and other cities on the Pacific
coast.
MI. Gilbert expressed himself in enthusiastic
terms over the success OF the play In this city.
The receipts last week were 100 and the
week previous $11 900. 1.-THE returns" he re-
marked, .for Monday and Tuesday evenings Of
this week were $2.ss3. Not bad showing