New-York tribune., 1885-09-18
sTHE MIKADO" FREE TO ALL
IMPORTANT RULING BY JUDGE WALLACE.
REFUSING TO ENJorN Mr.. DUFP-THE OPERA PUB
Lie PROPERTY

REFUSING I'D ENJOiN NIX. DUFf-THE OPEhA run
Lie PROPERTY.
The managers who have produced the opera
The Mkado without ha wing secured the permission OF
Messrs Gilbert Sullivan the authors, will he pleased
at decision rendered yesterday by Judge Wallace in tho
United States Circuit Court Argument was had several
weeks ago on O motion for Injunction to restrain
James G. DUFF from producing The Mikado at the
Standard Theatre Joseph III. Choate and Causteh
Browne appeared for DOyly Carte. the representative
of Messrs. Gilbert and sullivan and A. j. Vanderpoei
and ii. j. Dttenhoefer for Mr. Duff. and the argument
lasted for two DAYS. The case "a somewhat different
from OF the others in which the English authors
have sought To restrain other managers nom producing
the opera. Mr. Dun employed musician to mako new
orchestraon OF the OF and did not use that OF sir
Arthur SulN an. Tho piano score made by George L.
Tracey of Boston, behalf of A. r. Browne. the Amer
lean agent for Gilbert and Sullivan. usod by Ar.
Duds agent in making the orchostration. The piano
score and vocal score have been published. Judge
Wallace says
1t was entirely legitimate for tho authors Of the opera
the laws of the United States which might protect them
In the right of controlling is dramstc representation IN
been practically Impossible IL they could have retained
the exclusive ngu for themselves to nse tue isc I
parts In manuscript ana Ei 1ns ts ntep
vonton of an arranger who, citizen of the United
States capable ny our statutes OF securing copysI
which could bo transferred to them Unless, however,
the panpforte arrangement would aud original
production or the araEger 1t could not DC tnr "
compsnaut is not entitled to the relief sought. II the
publication of tho lbrcto and vocal score OF the oera IN
London with the consent of the authors was dedcatOn
Of their playwright of dramatic property In the opera TO
the public. Tho defendant does not intcrd to Use the
orcuesirnl In his public representation INC
exclusive right in Gilbert sullivan to publicly repre-
sent any part 0f hS opera 'ns ss and
vocal score Tho dialogue, stage business and words
entirety except the instrnnenta parts, dedicated
by this publication TO the use OF the public IL was a"
full couscl luently for the defendant to avail himself OF
this however unjust commercially, or repIehehsioo III
ethics, his conduct may be. - A., ,,,...
part opsra, together with the music n the v9ice
parts comprises OF dramatic essence that es
reason and anthoy therefore it must held that by
the publication OF the whole orcra. except the lns,u
mental parts. the authors abandoned tie entire ara
matte property in their work to tue public Inc Ight 10
represent 1t as dramatic composition thereby ncchne %
public properly, al ou9b they still retain the 500 Isut
of multiplying copies OF the orchestral score ~ tuo
orcstration Of an Sper, Is not pe In
recording the tile of Traceys IinnOiorte arranse
composition" Although II 1t had been by correct uc
scripllon dra natio composition the action Oh wv
librarian 8ouu I've conclusive as o the character OF
the cor rlghtei work. his opinion "a All ocn lherpte
taiion is entitled to respectful consideration No douo'
is entertained that nis Judgment was correct. .. =,
Whllo ii is much To I've regretted hat our statutes 90
NOT like the Eslish statutes protect the author r OF
proprietor all ~ which litsrary property may
he le.itimatey applied. II IL not the lucnl iuhcuun
supply detect In view of these conclusions u u
not necessary TO cOnsi Ter whether Naiir slatuV1
cOpyright for the piano arrangement OF Tracey hns
been obtained. whether there WIS non cohpnhnce
IN any particular with he statutory requisites h so
drrSiiUns NAV be prUpcrly reserved uhlll hu
atIcnpt is ma1s infringe The copyright by an un-
nutboiizea multiplication Of copies or course the ne
fendin cOuld not be pcrIntted 10 produce the opera rs
tnonch 10 werN containing the orohestrltloh OF N-
AID Sullivan. lie wOnd not he permitted Dy urcep-
tive advertisements representations calculated 10 ls
lead the public. and enter upon an unfair compruon
with the complainant tie dives pot profess 10 rihploy
the OrcesratOn. AMI the Is ftce from any eeheh
of actual fraud. The motion for an iJuncon is "eh'n
The decision rendered by Judge Wallace formed the
general topic OF conversation In theatrical circles yes
teday The news was Guickly circulated. and by even
Ing everybody was discussing IT, IL was generally iet
that no decision 30 directly gravely affecting
theatrical interests iercd In years James
c. Duh who naturally jubIlant. said: 3" cannot
say that I surprised. but 20 speak frankly was
much delighted when got the news. have said little
so far In defence OF my position morally. though felt
It was perfectly legally but nevertheless the nght
hes on my side been OF principle. considered that
bad been unfairly dealt with by Mr. Carte In the
matter and was determined 20 show him that he had
oyershot the mark tribe"
Mr. Carte, on the other hand, seemed In no manner
put ont or annoyed by the failure OF his attempt to con
bis rival will make but little difference 20 MS snid
he think that by this tine We have the pull on the
public ann amount OF unauthorized productions VIII
hurt our buSeuss."