COPYRIGHT CLAIM.

Grey River Argus, 30 November 1927, Page 2

COPYRIGHT CLAIM.

Against Drapers. “JUST A BIRD’S EYE VIEW.” WELLINGTON, November 28. The Australasian Performing Rights Association and Leo Fiest Incorporated, sued Collinson and Cunningham, Ltd, drapers, Palmerston North. in the Supreme Court to-day, seeking an injunction restraining defendants from playing in public a musical work entitled “Just a Bird’s Eye View.” Air F. West, wlw appeared for the plaintiffs, stated that the case was the first of its kind in New Zealand, taken by the A.P.R.A., which was an association consisting of authors, composers and other owners of copyright. The Association was affiliated with other similar societies in France, Italy, Spain, Sweden and the United States, and its objects were to endeavour to protect the rights acquired by composers. Plaintiff’s claim was that defendants had played in public “Just a Bird’s Eye View,” of which tb.e plaintiffs, he claimed, were the owners of the copyright. Th? whole principle, he declarcdj was to place on the user of music in public the onus of finding out who was the owner. Defendants’ attitude was that they were not going to pay till the composer came along. There was no presumption because the composer’s name appeared on the music that he was the owner of the copyright. Mi- J. F. B. Stevenson, for defendants. suggested that plaintiffs had no title to the copyright. Mr West said that the cost of a single performing right was 10s 6d, but the Association licensed halls, and all halls of any size throughout New Zealand had now joined in accepting a license from the Association. Mr Stevenson said that some drapers would rather pay two or three pounds than have litigation, and tb.e Diapers’ Federation desired to be satisfied. Mr West, said that sufficient proof would be supplied of the taking of evidence in New York. Mr Stevenson: If an injunction is made it will be hawked about the country, and a lot of people will be frightened. If he had a clear title, I would not b? here to-day. After further discussion, it was I agreed that “Just a Bird’s Eye View”! would not be played by defendants for six months, or til! the disposal of the case, and that Air Stevenson should be given the opportunity of inquiring into the copyright claim of any six pieces of plaintiffs