Playwright's Royalties

Manawatu Times, Volume 63, Issue 63, 16 March 1938, Page 6

Playwright's Royalties

Action Against Repertory Society at Invercargill JUDGMENT FOR AGENT Per Press Association. INVERCARGILL, Last Night. A case of importance to amateur dramatic societies throughout New Zealand was heard by Mr. \V. H. Freeman in the Magistrate’s Court to-day, when {Samuel I reach, Ltd., publishers and copyright agents, London, anu Aimce and Philip {Stuart, authors oi the play “{Sixteen,'' each claimed £25 damages from the Invercargill Repertory Society for infringement of copyright. Mr. H. J. Macaiister appeared for plaintiffs, and Mr. B. W. Hewat for defendant society. In outlining the case for plaintiffs, Mr. Macaiister said the Repertory Society had, produced the play “Sixteen ’' without license, authority or permission. Royalties for three consecutive performances would be £l3 13s. The price was the same whether the play was performed in Invercargill or Tuatapere.

Maurice Joel, solicitor, of Dunedin, attorney in New Zealand for Samuel French, Ltd., said the firm he represented were dramatic publishers. He acquired copyrights, acted as authors’ agents and collected their fees. ‘‘As regards all French’s plays, they have a definite tariff list in sterling, but we have authority iu the case of approved societies to reduce it to New Zealand currency. We always have payment in full before we license a play," he said.

“There is very little iu this matter except the question of damages," said Mr. He.vat for the defence. “This society has always recognised that an author is worthy of his remuneration, and it will continue to do so, but when the change of agency took place this society considered the royalties were extortionate. The society’s attitude is not that it is not going to pay, but that it is not going to pay unreasonable fees unless ordered to do so by a Court having proper jurisdiction. This society is faced with claims for fees which it cannot pay and carry on. The society has paid into the Court one guinea u night, and we say that is adequate to recompense the author for any loss through the play being performed in Invercargill." The Magistrate said the society was written to several times before the play was produced and did not reply. “So far as damages are concerned, I do not propose to give any whatsoever apart from the royalty charged in London, £l3 135," he said. There should be a scale of charges, and a small town should not have to pay as much as a larger centre. Judgment was entered for plaintiffs for £l3 13s and £3 13s costs.