MUSIC COPYRIGHT

Hawke's Bay Tribune, Volume XVII, 29 November 1927, Page 8

MUSIC COPYRIGHT

“JUST A BIRD’S EYE VIEW” injunction sought, FIRST CASE OF ITS KIND. Wellington, Nov. 28. The Australasian Pertoiming Rights Association and Leo Fiest (incorporated) sued Collinson and Cunningham, Ltd., drapers, Palmerston North, in the Supreme Court to-day, seeking an injunction restraining the defendants from playing in public the musical work entitled “Just a Bird’s Eye View?’ Mr. F. West, -who appeared for the plaintiffs, stated that the case was the first of its kind in New Zealand oaken 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, Spam, Sweden, and the bniteo States, and its objects were to endeavour to protect rights acquired b\ composers. Plaintiff’s claim was that tho defendants had played in public “Just a Bird’s Eye view,” of which plaintiffs, he claimed, were the owners of the copyright. The whole principle, he declared, was to place on the user of music in public the onus of finding out who was the owner. Defendant’s attitude was that he was not going to pay till the composei came along. There was no presumption, because the composer s name appeared upon the music, that he was the owner of the copyright. Mr. J. F. B. Stevenson, for the defendants, suggested that the 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 hall# of any size throughout NewZealand had now joined in occepting a license from the association. Mr. Stevenson said some drapers would rather pay two or three pounds than have litigation and the Drapers’ Association desired to be satisfied. Mr. West said sufficient proof would be supplied on 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 be here to-day. After further discussion it was agreed that “Just a Bird's Eye View” would not be- played .by the defendants for six months or till khe disposal of the case, and that Mr. Stevenson should be given an opportunity of inquiring into the copyright claim of any six pieces of plaintiff's.