DAMAGES REFUSED

New Zealand Herald, Volume LXXV, Issue 22988, 16 March 1938, Page 14

DAMAGES REFUSED

PRODUCTION OF PLAY REPERTORY SOCIETY SUED DISPUTE OVER ROYALTIES [BY TKLEGRAPH —PTIKSS ASSOCIATION'] INVERCARGILL, Tuesday A case of importance to amateur dramatic societies throughout New Zealand was heard by Mr. \V. H. Freeman, S.M., in the Magistrate's Court to-day when iSamuel French, Limited, publishers and copyright agents, of London, a.nd Aiineo and Philip Stuart, authors of the play "Sixteen," each claimed £25 damages from the Invercargill Repertory Society for infringement of copyright. In outlining the case for plaintiffs Mr. H. J. Macalister said the Repertory Society had produced the play "Sixteen" without licence, authority or permission. The royalties for three consecutive performances would bo £l3 13s. The price was the same whether the play was performed in Invercargill or Tuatapere.

Agents' Tarifl List

Maurice Joel, solicitor, of Dunedin, attorney in. New Zealand for Samuel French, Limited, said the firm he represented were dramatic publishers, and acquired copyrights, acted as authors' agents and collected their fees. " Tliey have a definite tariff list in sterling, but we have authority in the case of approved societies to reduce it to New Zealand currency," said witness. "We always have payment in full before we licence a play." '' There is very little in this matter except the question of damages," said Mr. B. W. Hewat, for the defence. "This societj' has alwaj-s recognised that an author is worthy of his remuneration, and it will continue to do so, but when a change of agency took place this society considered the royalties were extortionate.

Society's Attitude " 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. The society is faced with claims for fees which it cannot pay and carry on. It has paid into Court one guinea a night, and wo say that is adequate to recompense the author for any loss through thfi play being performed in Invercargill. The magistrate said thj eio/.y was written to several times b ii'.tr j '.he play was produced and did no: ■ "So far as damages are concern*;. I do not propose to give any what >•>.; ;•. apart from the royalty charged in bona on, £l3 135," he said. " Then a scale of charges, and a .• town should not have to pay a ' . rh y.s a larger centre." Judgment was entered p-snitifi'a for £l3 13s and £3 13s cos ;.