Playwriting: A Handbook for Would-be Dramatic Authors

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Stage Office, 1888 - Authorship - 111 pages
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Page 95 - I am of opinion, that, under that statute [8 Anne, c. 19], the person who forms the plan, and who embarks in the speculation of a work, and who employs various persons to compose different parts of it, adapted to their own peculiar acquirements, — that he, the person who so forms the plan and scheme of the work, and pays different artists of his own selection who upon certain conditions contribute to it, is the author and proprietor of the work, if not within the literal expression, at least within...
Page 84 - The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.
Page 90 - And be it enacted, that no assignment of the copyright of any book, consisting of or containing a dramatic piece or musical composition, shall be holden to convey to the assignee the right of representing or performing such dramatic piece...
Page 91 - Property" (and which act is hereinafter, for the sake of perspicuity, designated as " the Dramatic Literary Property Act"), whereby the sole liberty of representing, or causing to be represented, any dramatic piece in any place of dramatic entertainment in any part of the British dominions, which...
Page 94 - ... that the intention of the legislature in the enactments relating to copyright, was, to elevate and protect literary men ; that such an intention could only be effectuated by holding that the actual composer of the work was the author and proprietor of the copyright, and that no relation existing between him and an employer who took no intellectual part in the production of the work, could without an assignment in writing vest the proprietorship of it in the latter.
Page 86 - ... to the work, the copyright, remains in him whose industry composed it. The buyer might as truly claim the merit of the composition, by his purchase, in my opinion, as the right of multiplying the copies and reaping the profits. "The invasion of this sort of property is as much against every man's sense of it as it is against natural reason and moral rectitude. It is against the conviction of every man's own breast who attempts it. He knows it not to be his own ; ho knows he injures another; and...
Page 85 - But it was the opinion of a large majority of the Judges and law Lords in that case, that the time had passed when the question was open to discussion, and that it *must now be L *768 ] considered to be settled that copyright in a published work only exists by statute.
Page 86 - In the other matters the law has been adapted to the progress of society according to justice and convenience, and by analogy it should be the same for literary works, and they would become property with all its incidents, on the most elementary principles of securing to industry its fruits, and to capital its profits.
Page 86 - The nature of the right of an author in his works is analogous to the rights of ownership in other personal property, and is far more extensive than the control of copying after publication in print, which is the limited meaning of copyright in its common acceptation.
Page 96 - ... defendant, without the plaintiff's consent, dramatized the said novel, and caused it to be publicly represented and performed as a drama at the Grecian Theatre, for profit, and thereby the sale of the book was injured, &c. To this count there was a demurrer: and it was insisted on the part of the defendant that representing the incidents of a published novel in a dramatic form upon the stage, although done publicly and for profit, is not an infringement of the plaintiff's copyright therein: and...

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