WHEN A PLAY IS PUBLIC

Greymouth Evening Star, 11 May 1936, Page 10

WHEN A PLAY IS PUBLIC

AUTHORESS WINS. LONDON, March 12. It was decided in the. Court of Appeal yesterday that a dramatic perormatice in a village women's intitule was a public one for the pur•oses of copyright. The Master of the Rolls (Lord Wright) and Lords Justices Romer . nd Greene gave considered judgments in the appeal of Miss Gertrude Eleanor , ennings. the playwright. Miss Jennings contended that a performance of i er play “The Rest Cure” at the Dusi.)u (Northants) Women's Institute ■ ■as an infringement of the CopyI ■..• right Act. I Mrs. Elizabeth Stephens, of Over- : tone Park. Northampton, president of the Overstone and Sywell Dramatic 1. .iciety, whose members gave the per>rmanace, maintained that it was pri- -. ate, and that there had been no in- . .•ingement. Mr. Justice .Crossman, in the Chan- . ry Division, had dismissed the action . rought by Miss Jemyngs alleging in- . -ingenient. and from this decision ,'liss Jennings now appealed. Giving judgment, the Master of'the 1 tolls said that, the meeting, at which ;'ie performance was given was the ; gular monthly meeting of the ini' ilute. and’ there were present 62 members. No charge was made for admiti nice, but each member paid an annual subscription of 2/-. CHARACTER OF AUDIENCE. | The Copyright Act of 1911 gave no I definition of the words “in public." I r. tid Lord Wright. Mere numbers j c-nild not be the basis of a decision i I hat a performance was public. The true criterion seemed to be the char-! actor of I he audience.

Lord Wright pointed out the serious effect there would he upon composers and authors if the performance concerned were held to be private. The Court, he said, must protect their interests. He thought that the performance was “in public.” Lord Justice Romer, concurring, said l«be women in the audience were members of the public who paid 2/- a year for the privilege of being entertained intervals. If performances given in Hie 5,000 different institutes in the Federation were held to be private, the results to owners of copyright would be serious. Lord Justice Greene also concurred, .•■nd the appeal was allowed with costs. Leave was granted to appeal to the | 1 louse of Lords, if desired.