New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-21
AN IMPORTANT DECISION.

The decision of the United States Circuit
Court at Boston, in The Redemption case, is
likely to be of value "a precedent. Inc
question raised was one of great interest to
composers, musicians, and reputable publishers
of music, and was so clearly presented that the
verdict leaves no opportunity for misunder-
standing as to its exact bearing. When the full
orchestral and vocal score of The Redemp-
ton was published in London Mr. Theodore
Thomas, of this city, bought of the publishers
the sole right of producing the wOIK in tho
United States. It WAS "a square business trans
action. The publishers had bought the work
from the composer, and 1t was their exclusive
property They and they alone were entitled
10 whatever profits might accrue from its sale.
In accordance with his purchased right of own
ership for America Mr.. Thomas produced the
work in its integrity in this city and sold the
right of production in other cities. Boston,
Philadelphia and Baltimore, to the leading mn-
steal societies there. In Boston the right was
purchased by the Handel and Haydn Society
for 81, 900. They announced performance of
the work for a certain date. Almost immedi-
ately thereafter performance OF the woIk was
announced by an enterprising Spectator III
music who had taken the published piano score
and built up from it an orchestral score lie
put his date IA few days earlier than that of the
Handel and Haydn. That society subsequently
changed their date to an earlier than his !;
whereup0n he again put his ahead of theirs.
The purpose of the rival and irregular p err
Torrance was unmistakable. 1t was to deprive
the society of the possible profits of ts pm chased
rights by giving an earlier performance Of the
L. al. f,ir NO no
against square business dealing on the other.
The publishers determined TO see if there was
any legal protection against competition Of this
kind, and through Mr.. Thomas they applied
for an injunction of the irregular performance
on the ground that it was an infringement upon
his purchased right. The case was argued in
the United States Circuit Court in Boston on
Wednesday, and the arguments made in de-
Tense of the pirated were worthy of the
cause. 1t was claimed that the score was pub
lished and the public had right to do what it
chose with it,-play and sing it as it pleased, use
it as q basis for orchestral coloring, or do any
thing else which might suggest itself; that the
irregular production, instead OF doing harm to
the regular one, would advertise it and make it
more profitable; and that to grant the injunc
ton would subject the originator of the irregu-
lar performance to serious commercial loss.
Counsel for the plaintiff claimed that the Orches-
tration could not be made from the piano score
in o manner to do justice TO the composer that
defective presentation would injure the repu-
taton of the work that the intent of the pub
LEGATION of the piano score was merely to give
the public that arrangement OF the work, and
no other, and that the publisher declared this
intention clearly upon the title-page.
The point was made directly, therefore, upon
the right to use piano score as basis for con-
structing an orchestral score. The Court de-
cded that such use was unlawful. 1t enjOined
the defendant against causing or procuring or
"aiding in, within the city of Boston or else
@where within the jurisdiction OF this Court
"[Maine, New Hampshire, Massachusetts, and
Rhode Islandl any public performance OF any
"oratorio OF cantata or other musical work under
" the name of 'Gounods Redemption or of any
"material or substantial part of that work with
Orchestral accompaniment, or otherwise than
"by playing the published pianoforte ac-
compartment with the piano or organ, or
sboth, and vocal parts.n fhe importance of
this clear decision is easily apparent. 1t will
be remembered that when Pinafore was frat
produced in this country an orchestral score
was built up from the published piano score,
aud the authors were deprived of any share
whatever in the enormous profits which came
from the performances. Under this decision,
which comes from court of such high standing
that its eject ID likely to be extended to all