The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-24
LITERARY GOSSIP
FROM OVER SEAS
Strange Middle Over Amer
lean Plays
COURTS WILL DECIDE
Nobody Seems to Know What is pub
LEGATION" by Which American
Dramatist Can Protect Work
in England
COURTS WILL DECIDE

OTdHidtiSL Adn HOIh
in England
London, November 2S--fSpecial.) Ut
looks now as if American publishers
were going to make a tidy bit of money
out of American playrights as the re-
suit of the new copyright act in this
country. Up to date that part of the
act of 1911, as 1t is officially called,
which affects the eopyrighting of Amer
lean plays in England has not been de-
fined by the courts, and until 1t has
been, uncertainty will exist as to ex-
actly what is meant by the term pub
lication in his majesty S
dominions" being, according to the new
legislation, the only means by which
the American dramatist, (whose work is
getting to be a more and more mar
ketable commodity in this country,
can protect it from infringement.
Up to the passing of the new act, an
American play could be Copyrighted in
England by giving a technical per
formaneen of 1t here and having this
performance registered at Stationer' S
hall, a historic institution which the
new law has shelyed so far as copy
right is concerned. Among the London
representatives of American theatrical
interests conflicting opinions appear to
be held regarding the Interpretation to
be placed on the wording OF the new
law, William Lestocq, for example, who
has charge Of tile F'rohman interests,
stating as his view that the law is
completed with Ii an American drama
list arranges TO have his play roughly
printed here and To lodge a copy of 1t
at the British Museum, while in other
quarters 1t is believed that actual pub
1lcation through a regular English pub
Usher is necessary.
according, however, to the opinion of
the man probably best qualified to dis
cuss the subject but who declined to
have his name used, the most practical
lneans of compliance with the new act
is one that is all to the good of the
American publishing trade.
What Is Publication?
Tile term publication in Great Britain, -
said this authority, who is concerned with
Questions of copyright from one days
end tin another docs not necessarily
mean that {, work must be set up In Eng
land as in the case of the American
copyright law.
"A work may be officially described as
published if It is obtanable by the pub
lie An American playwright, therefore,
may protect his work here according
to my view by having it published in
the United States and placing certain
number of copies ON sale over here
through one of the regular agencies for
the sale Of dramatic literature. Or, If
his American publisher has a branch in
this country, the published play could
merely be announced in the publishers
+ English list"
What would be the probable expense
Of such publication was asked.
"One hundred dollars should cover Il
entirely, was the reply.
SO. with the popularity OF American
plays steadily on the increase, over here,
IL looks a If the profits Of the publishing
business in America would mount up in
the near future. unless a legal action
comes along to settle the matter deli
nitely one way or the other or unless
American payvTights choose TO acceot
the opinion that was expressed to the
writer by Mr.. Lestocq and also by Lionel
Carson. the editor of the London Stage -
who has been dealing with the subject
in his columns that a largely technical
.'printingn CT an American play in Ens-
land constitutes compliance with the
copyright law. The former described
The cost Of this as "tria!ng, while the
lattea estimated that il could be man
aged for SIS. Mr.. l.estocu seemed 10
think that an American playwright would
have ample protection under the law IL
his London representative had few cop
les OF his play printed and then "l)1Ied
them up in his desk" iemarling that
1t dil not seem necessary 10 ''advertise'
the publication of the play. lie gave the
clear Impression that he himself was
adopting this course.
Have English Homes
few American dramatists, of couMt
now have homes over here. and 10 ANot
of their work on this side of the water.
Among them are: c. NJ. S. Mcclellan II
Leah Kleschnaf, and Belle Of New
York fame. Chester Bailey Fernald, who
wrote The Cat and the Cherub,' Paul
Hester. who gave us sweet Nell Of Old
Drury'' and Hubert Henry Davies. author
Of cousin Kate and "A Single Man,
who considers California his real home.
Until we &c, legal definition of the
new copyright act u looks as II these
would be tho only American writers o,
plays WHO would be absolutely sure OF
protection IN England, since the act pro-
Y.dcs that a dramatic work written by al
author residing in his majesty's domin-
lens becomes copyright automatically, nj
"p4bllcatioa" beng required.
tip to now comparatively few plays
have been published ont of the thousands
that have been produced, though the
tei.Gercy to issue dramatic works in vol
umt form has been steadily on the in.
crease OF the English playwrights oil
totay few besides Shaw, barrie. r'inero
Galsworthy, Jones and Sutro are rep
lestf.ted to any extent In publishers lists
and according to all accounts, the per-
centaee of American dramatists who is
SIC their works between covers is ever
smaller II will be rather funny II every
American musical comedy, melodrama and
lnockabout farce that is written witt
ar eye TO the shekels of English play.
rcess has to be issued henceforth in al
the dignity Of type and bind'ng In order
to insure its protection from possibl,
piracy.