PLAYS AND PLAYERS.

New Zealand Mail, 21 July 1892, Page 25

PLAYS AND PLAYERS.

A QUESTION OF COPYRIGHT.

In the Supreme Court in Banco on Thursday, before His Honor the Chief Justice, Mr Jellicoe, on behalf of Dobson and Kennedy, theatrical managers, moved to expunge from the Register of Copyright an entry made by Mr E.T. Gillon on 3lst March last,to the effect that Mrs Burnett, of Washington, United States, America, and Wesley Sisson, of New York, are the author and proprietor respectively of copyright in the drama Little Lord Fauntleroy, and that Mr Gillon is their agent to issue licenses. Mr Bell appeared for Mr Gillon. The arguments of Mr Jellicoe were that Mrs Burnett has no copyright, as there is no convention between England and United States, America ; that neither the author nor assignee have any claim to protection against persons who have performed the play in this Colony prior to the date of entry ; that prior publication out of the United Kingdom disqualifies for copyright under the Dramatic Literary Property Act, 1833, and the Copyright Act, 1842, and the fact that the play was first publicly represented in America, and afterwards represented in the other colonies, as well as in New Zealand, before it was registered here makes the registration here invalid ; that Mr Sisson is a mere licensee, and has no property in the copyright, and did not come within the definition of proprietor of copyright, and that the DobsonKennedy Company are persons interested in the registration, and capable of supporting the motion. Mr Bell contended that the International Copyright Act did not apply to New Zealand, that prior publication in English dominions did not destroy protection in England and New Zealand, and that the applicants were pirates, and not interested within the meaning of the statute, and that immediately on registration being effected, his client’s rights accrued. After Mr Jellicoe had been heard in reply, His Honor reserved judgment.