The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-03
COPYRIGHT LAW OF PLAYS.
QUESTIONS sErTLED By THE DAILY
BRADv LfTI6A TON.

ppxnv ffTTpx TyOy
The Supreme Court Defines the Provisions
of the Copyright Law rs Regards Plnys-
Nature of the Damages Recoverable and
the Legal Mode Of Ascertaining Them.
,, ,..,,,o, ., IN, s,,,.r,, Court Of
a., 1,.,,.I 60. ,,,a.r which an. .,ecrtors 81
a. 80. A,,.r.,, D.,v ,.coxe, "a 400 damages
D' ,.r,, ma, h.o.,,.. an. I.,,., in
, 49,. T.. A,,., nj, I" ,nt,,,e.d ,,op
~, 49, A., .rr,s., 81. =, a.,,,h,~ h.s
-. - i,,.r.s,,no ou.s,iops relating
a. a.. Ce..-.i-., H., .ra lie sreci.I r,ov,s,ons
y a, 60. ., an. ,rtr;ro.m,nt
20 s-.,,.s,a ,,,,on d,om.,,c ,,oductiona Tho
.,'s.,,a, =. a. an. ,nt,i,g.r,cp, turned
upon tho scene produced originally. about 1857,
by Mr. DAILY In "Undcr the Gasligbt" where q
- A., az. L.. 4, ho,,a A, . ,.,,,o.d ,,,cL
person In the play Us oouno =" Iairono "u ri
In front Of an approaching VAN anu IL nhhiy
- ..,,.s.,,,,. ov., a., r.,+ ~ A.. t,.cl A
w., '"u"e w. ~ n,,.,
similar scene was produced In lhon bounoau'e
plav after Dark" although tho dialogue and
49,. s.,.i,. ., a.. .o.,. were dirs,snt and Tho
-. ii. 80. 49, d,G.,sr,
.Ths s,., question which .ro.o in tho prelim.
to- -, sn.,,inr 10, an ,r,rnct,on and dam
ages was tried in the United States Circuit Court
81. al. d,,,.., q, 1870 ,h,n IN. y.lid,,v ~ IN,
copyright was attacked by Mr.. Brady's lawyers
on the ground that there was a material vari-
.no. b.tr,.n an, III, of the NAV A. rerirtered
nhoo o0'"os, ."o ,, VI ~ ~ 80 -
this contention in the clronl, Court bu, tho Cir
cur, Our our, VI nppva'' r.s VIE -, -,
hcid iur'her that INC railroad soeno wa" IN ''Sc'
and INDEPENDENT of tho dialogue, dramatic
comnosi,ion and covered by tho COPYRIGHT An
y 20, r., -.
"eoounnr Of the profits which had been made
nv Mr. brady through showing tho infringing
-. aA,,., n.,u" A All doc,o. In IN. or,,.
SOeno IN h'"' JAIN N i'u' "''''' w "'e WIS
ihal suit was entered in 1893. but without any
,,ecr,o nr To the pto1ts being either asked for
or rehucrou mo acuoh WHICH mas ius' ooth
brought to fnal decision. was begun on july
, 9g o,, as for ,bis distinct he 10 recovet Sia 100
damages against Mr. brady for tho violation
Il the copyright and the most interesting Of the
"a 10 The cbnracteT Of the law relating To- the mini.
mum sum that might be recovered Under Section
Al0H nj me KcyiscI and lsn ma Ia NJ n, tbrr
dnmaaes under This section could be- recovered
Tor any unau,horizet performance Of copyrighted
, 10 ,se Ss fIaHs OF the action Section 4'oo
Any per.Sn publicly pertormnS or rsprgssnn Ing
m. S.asncd Snr, tbe npssp, ~ he rri,tSr
thereof, or his ieirs or assigns Shall DO liable ior
ssscsstd At such Gum, not LEES than. one hundred
to he just
A Jury trial WAS waived and the Court found
that Tho evidence did not warrant a larger sum
81 damages than that authorized by the statute
and that h had no p,wer 10 award a smaller sum
and upon evidence Being Produced which showed
that I26 unauthorized performances of the rail
road scene in After Dark" had taken place within
Two years before the beginning of the action,
rave Judgment for SO, 800 damages In reaching
this decision the Circuit Court Incidentally de
cided that II could not receive as evidence regard.
jnC the number Of times the play had been pro
d,iced testimony given hy Mr. Brady himself
when he was examined before n master in the
course OF the case upon the ground that evidence
obtained from a party BIZ means of judicial pro.
ceedings could not be used against him for the
enforcement OF a penalty"
Tho Court took the ground that the sums which
could be recovered under Section 4gGC were OF
the nature of a penalty and that being of this
character no money could be recovered Tor unhu
tborizcd PERFORM noes Which took place more
than two years prior 20 the beginning of the &C
tion because of the operation OF tn" United States
Statute OF Limitations. IL is the dctcrminati ton
of these two questions that gives the present de-
cision its particular Interest Justice Pcckham
wrote the opinion OF the supreme Court Tracing
hack the L nitcd States .tntutcs regarding drn.
matte copyright TO the nrst act in isJG he flnds
that the statutes all used the word Damages"
instead Of penalty, in the provision for the re.
covery Of a minimum sum ior each pcriormsnco
and his conclusion IT, tina. the intent of Con.
gress was 10 TX a sum which should be awarded
as damages in such cases when IL was no; con.
venient or pnssbl TO prove an amount o! actual
damage beyond that He says:
The idea of the punishment Of the wrong |
door Is no, so much siggestrd by the language |
recovery by the proprietor OF fun compensation |
from the wrongdoor for the damages such pro. |
prietor has sustained from the wrongful sct OF |
the latter In the face OF the difficulty Of Letter