New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-26
BRADY PLAY
IN COURT.
c...,;ss and SchIotterbeck Seek to
r,;o;n Production at Waliachc'S.

80. nollar-Mark." which was first seen in New
1" Monday night. at Wallacks Theatre. be-
,0A yesterday the cause OF a new theatrical
ST. 81, Judge Lacombe signed an order in the Cir
~, court for William A. Brady 10 show cause
'@ !. should not be enjoined from producing the
Wy rr4,ten by George Broadhurst and c. T.
rS The suit WAS brought by Fred {. Curtiss
" n,s,ave " Schlotterheck who complained
fn ~ Broadhurst had taken the title and ideas
ia ,beir play. copyrighted last year as THE
e n.nsr Mark" and scheduled for production the
rrberts circuit
~.ses and an accounting for all the money
-, in at Nallack's since The Dollar Mark
rsned there
v.s Theatre by United States marsha late yes
80 afternoon, and he at once com nunicated
- his LAWYER. David Gerber. at No. 96 Broad
- Mr. Brady was summoned TO appear before
age Iacombe on September s.
herman l. Roth of No. l4O2 Broadway. counsel
a, Nessrs. Curtiss and schlotterbeck. said last
rsht:
.aeck who was formerly connected with the
Metropolitan Opera Company and is known al
ranseer and author. on April 3. 1895. he obtained
sopyright on the title and manuscript, and then.
,,,oriing 10 copyright requirements. the play was
induced for twelve days. beginning on December
4 q
J. After that the manuscript revised. and
!, July M Schlotterbeck signed contract with
rrsd c. Curtiss 10 produce the play on the Shu-
NJ circuit beginning on September .
IN April Of this year Mr. Brady produced his
say az the Beasco Theatre, in Los Angeles for
N weeks but before he did 50 we gave him no.
.rs OF our claim 10 II. At that time he tried 10
range cash settlement with Mr.. Schlotterbeck.
vho was then 20 surrender his title to the play.
ne offer refused
aot course Mr.. Brady claims that the name Of
,sy cannot he copyrighted. but even so We can
p,sve that by using the same name he has injured
ne business prospects Of our play. Our principal
rsnt Is that the title is under copyright since the
-snuscript was copyrighted az the same time and
ns play produced required. II We can show
ely that the title was copied, that will he enough
prove an infringement upon our rights.
Il Is a peculiar circumstance that Frank Hatch.
NO was general stage manager for Brady was
engaged by Schotterbeck 10 rehearse the show and
~ il on during the trials Afterward he was paid
rt released. HIS work being finished but he did
20, return The stage directors copy OF the manu-
sart"
NJ Roth said that in a letter he had received
t-m Mr. Broadhurst in Los Angeles il was adj
rinsd that Mr.. Broadhurst had not created the
tts, but he said he had written the play and
'anded il on a scenario by himself and c T.
iaey
M brady said last night that he had never seen
uther play called The Dollar Mark" and had
ever heard Of its authors until April after he had
I'd his play FIVE months.
Nj Broaohurst's play was in my hands last
November" he said. and ever since its production
has been enjoying great success II IS also copy
-Es,sd, and have nothing to 1ear from any suit
deprive me Of my rights TO il. The play is abso-
-isy mine, and in producing it ! am not in
s-gng on the rights Of any one I Will show that
NY clearly at the hearing"
kL Brady denied that he had offered Schlotter-
sk money for his rights in The Dollar Mark
Mr. Schlotterbeck came 10 me IN Los Angeles,
Etse my play successful for ten weeks" he
al and Informed me that he had written play
VII he same title. and esked me what I would do.
iUi him would do nothing but produce my own
Jay. That was my first intimation that there was
uSss Dollar-Mark' or a man named Schlotter-
sA
fErsmore, Mr.. Broadhurst. who is a member
q re Dramatic Authors club. has said that u
s1crerbeck produces The Dollar Mark actor
Tho ukes part in IL will be permitted 10 play in
any pOduction written by any member OF that
ouh Also. If the Shuberts put the play their
circuit the National Association OF Theatrical
Managers 70 which the Shuberts do not belong viii
4ss steps 10 exclude the Shuberts from any thea
re- controlled by members of the association