FIGHTING “PIRATES”

Dominion, Volume 34, Issue 124, 19 February 1941, Page 3

FIGHTING “PIRATES”

When Gilbert And Sullivan Went To New York OLD COPYRIGHT LAW (By II.I’.) There nre more pirates in the world than those who ranged (he seas a couple of ceuluries ago. 11 may be put down as a coincidence in naming that ’The I’irates of I’enzanee” was (lie comic opera with which ils 'creators decided to fight: the American "pirates" who. without inlying a penny by way of copyright, made fortunes, large and .small, out of "11.M.5. Pinafore,” Today it is difficult to envisage the manner in which this opera caught on in the United States. As one time there were no fewer than 42 companies playing the piece in that country and, there being no international copyright, not one of them paid a shilling for the rights of the biggest draw ever known in the business. In addition, 160,000 barrel organs were constructed to play nothing else but airs from this lively work. Here is an extract from aii American paper of the time:

“At present there are 42 companies playing ’L’iuafore’ about the country. Companies formed alter 6 p.m. yesterday are not included. Philadelphia boasts a ’coloured' ’Pinafore’ company, and in Puritan Boston, ’l’iuafore' is announced to be given on October 11, when the leading characters will be sung by prominent soloists of Hie Catholic choirs of the city, and the chorus will consist of 30 voices from the various Catholic churches.'' For the season 1878-79 it was scarcely worth riiuiiiiig anything else against this welter of "l’iuafore'' companies. It was snug in German by one company, and in one instance the famous soprano, lima di Murska, was engaged to sing the principal arias for the opera as a diversion from her classical repertoire. It was this wholesale yet legitimate robbery which decided Gilbert, mid Sullivan to take action, so that they arranged To have their next opera produced in America before ils public premiere in London, so that the work could be copyrighted in America. So they took (lie half-completed opera of "Pirates of Penzance,” as yet unscored, to New Xork, and there Sullivan actually composed the whole of (he first act I the second having been composed beforehand in London), scored the whole opera on the spot, mid had it produced at (he Avenue Theatre, New York’, on New Year's Eve, 1879. No such stage management, costuming, lighting, or music had ever before been seen or heard on the light opera stage in that country before. Its success was immediate and prodigious. The American law in respect to a musical work was peculiar. The inonient any such work was printed mid published for sale it bus open to anyone to reprint or do what they liked with it. but with the only manuscript in the possession of Gilbert and Sullivan, anyone stealing the work would lay himself open to prosecution under statute law.

Tile close keeping of the manuscript and the libretto did not altogether settle the matter, for sonic judges held that theatrical representation was tantamount to publication. According to this view any member of the audience could take dowti the libretto in shorthand ami. memorizing the music, might be at liberty lo present the work free of any copyright fee. This gave the management at i the Avenue Theatre a tremendous amount of trouble. A staff of men was employed to w.-iteh the audience. Anyone seen taking notes was promptly ejected. Then Sullivan was informed by one of his- staff that a member of the orchestra had been offered 100 dollars for a copy of the first violin part. It should be explained that at that time the first violin part was marked by the cues for t lie rest ot the orchestration and dialogue, so that tinprincipal violinist could conduct the opera if at anytime that were lotiitil m-cess.-try. However. the American production paid well, several companieswere sent out with the opera, and all did very well. An offer of £5OOO for the Boston rights alone was rotlised. In the meantime ''ll.M.S. I'inatore had been running on al the Opera l.'omique Lu Loudon: and when the purl-

tiers got back in March. IS,SO. they put ‘■'.rhe I’irate" in rehearsal, ami eventmißy produced it at the same thetilre. Tim score was then published, after which it could, of course. be played anywhere in Lite United Slates williout fee