Los Angeles herald., 1907-02-02
FERRIS WINS BIC
THEATRICAL CASE
GIVES CHARLES FRoHMAN A
JOLT
Decision Is the Most Far-Reaehing in
History of Stage and Is Hard
for the Syndicate to
Swallow


the Auditorium stock company, won IN
Chicago yesterday from Charles Froh-
man. which had been pending for seven
years, every English, French and other
foreign play which producers have been
holding as their own in the United
States is thrown open to anyone who
may choose to play it. No more far-
reaching decision has been given in the
history of the theatrical business.
The case which ended in Ferris favor
In the Illinois appellate court yesterday
hedged about certain production OF n
lnelodrama called THE Fatal Card a
big English success, which Frohman
imported eight or nine years ago Gus,
Charles Frohman's brother, had this
melodrama. and ordered a large guam
tity of printing from a Chicago firm,
which he afterward refused to take.
When Ferris, who was transforming
then, went to this house looking for
some posters he was shown this lot and
Informed that play could be faxed
around it, He had this done, and
started out on the road with it. Moth
ing was done by the Frohmans till he
reached the jurisdiction of the Chicago
courts, when he was enjoined from
further use on the ground that it was
an infringement on The Fatal card,
in which Frohman claimed the rights.
Ferris sought out a clever lawyer
who told him to fight it. The case Went
into court and Frohman had to put up
q bond of S500O0 to protect Ferris IN
case the latter won. 1t was defended
by Ferris on rather novel lines.
While his play, also called THE Fatal
Card" was not a very close imitation
of the English one, yet he went into
court and admitted that it was a
1T, tnxl Iii ID,,t ho hA11 rnl o1l N
had no more rights in the original than
had anyone else, though he had bought
certain alleged rights from the English
author. Frohman held these under the
common law, which provides that a
mans property is his own and that he
may dispose of it as he sees fit.
Ferris lawyer on the other hand,
held that a special law superseded the
common law when special law was
passed, and that this was the case in
England, where, to hold a play it
must be actually produced. The same
holds good in the United States, where
a special law covers the case under the
copyright rules, which provides that
two copies of a play must be deposited
with the librarian of congress in Wash
ington, these two to have been set up
and printed in the United States. From
man had merely been buying the COM
mon law rights of the playwrights,
whereas as a special law governed both
here and in England there We're no COM
mon law rights in existence.
May Receive Royalties
The novelty of this contention was
startling, but it was sustained by the
trial court, and it has been by every
other one, with one exception Judge
Gary, in one trial, set the case back,
but, on taking it to the appellate court,
Ferris and his attorney won yesterday,
and the only chance left for Frohman
is in the United 'tC tes supreme court
This, it is not believed, he will invade,
as the law points hive been very clear
ly set forth in all the trial courts,
without a flaw being found IN them.
The direct effect of this decision on
Mr.. Ferris is that he lands to secure
every dollar OF royalty that Frohman
has taken in through "ThD Fatal Card"
in the last seven years, with all his at
torney and court fees. The damages
which he can secure by a separate ac-
tion are, of course, merely guess work.
But as the bond is only $4,000 and the
regular charges will amount to this at
least, it is hardly probable that suit
for damages will ensue.
But the indirect effect of the decision
is what really counted. The majority
of the plays that the syndicate-of
which Charles FTohman, indicted in
New York this week, is a leading mem
ber-produces re imported. Its great
est successes are all brought over the
ocean. on the principle that it is cheap
er and safer to buy a tried show than
to put on a native one which has not
had a tryout. 1t has been using these
imported plays for several years and
then farming them out to cheaper 4tars,
stock companies and the like, working
them TO Il FRAGILE for all the money
possible. The result has been practi-
cally to kill American productions, no
matter how good. \ native play has
had precious little chance. And the
minor player and the stock companies
have had to prod ce year after year
the taWdry importations for lack of
native material, While the syndicate has
made enormous fortunes farming out
the work Of foreign writers, whose
supposed common law rights it has
bought. Now however, every one of
these importatiols not protected under
the United States copyright laws can
be used by anyone who may desire.
The importers have no more right in
them under the law than if they had
originally pirated them.
Decision is Far Reaching
How far reaching this is only those
in the business can ever guess When
it is recalled that four-hfths Of the sue
cesses of the last few years are of
foreign make; that almost all the big
Klaw & Erlangcr speCtacles, such as
"Bluebeard, plays like The Duke OF
Killikrankie,' peter Pan His EX-
cellency the Governor" (which the Be
lasco pays royalty" for next week
and hundreds Of theirs, are all free &C.
anyone, it may easily be guessed that
the decision is epochal.
1t throws the whole business Of the
play importers and play brokers into
confusion; it will If those who have
paid royalty choose to make it, lead t.
endless litigation for royalties paid in
the past under the now exploded theory
that the charges were just and due; il
will confuse the entire theatrical world
permit anyone to pirate the big thing.
that the importers have brought Over
and turn the theatrical armament top
sy turVey.
"Of course it is a big thing for me,
said Dick Ferris last night. when askeC
about II. mot only am l proud of my
victory, but ! am delighted at the trou
Bile it will make for Frohman, who
treated me like dog from FIRST to last