THE LAW OF COPYRIGHT.

Observer, Volume 7, Issue 225, 3 January 1885, Page 6

THE LAW OF COPYRIGHT.

Recently, at the Clerkenwell County Court, the adjourned case came on for hearing, in which Mr Fras. H. Bodda sued the Clerkenwell Benevolent Society for the penalty of £2, incurred, by performing part of the opera of the " Bohemian Girl," without the consent of the plaintiff. Mr Shaw, barrister, appeared for the plaintiff ; and Mr Lewis, solicitor, for the defendant. The part of the opera of the " Bohemian G-irl," entitled " The Dream," or, " I dreamt I dwelt in marble halls," was sung without consent at a concert £ given by the Clerkenwell Benevolent Society afc the Agricultural Hall, on the 13th of December last. The case on the part of the plaintiff was that Alfred Bunn was the author of the opera, and by his will left that and all his property to Cora. Stella. The latter afterwards assigned by * deed all her right and interest in the opera to Mr Harrison and MisS Pyne, who were in partnership, and a Mr Hue having come in as mortgagee of the English Opera P ouse, Mr Harrison and Mr Hae, in 1868, assigned their right and interest in this and other operas to Miss Louisa Pyne, whose husband is the present plaintiff. The deeds were put in which showed these facts. It was objected, on the part of the defendants, that no proof of authorship in Alfred Bunn was given, nor was any entry made at the time at the Stationers' Hall of the copyright of the opera. It is stated that had permission been asked to sing the song for a charitable purpose it would have been granted without a fee. Mr W. S. Johnson, printer, said that on the 27th of Nov., 1843, he paid Mr Bunn the sum of £50 for the righc of printing and selling the opera of the "Bohemian G-irl," which he deducted from Mr Bunn's accoiiHt. He set up the type and music of the "Bohemian G-irl." Mr Robert H. Douglas, of the Britisli Museti|& produced the book of the opera of the "Boffinhian G-irl" deposited in that institution on the 9th of November, 1644-, by Alfred Bunn. Mr Lewis, on the part of the defendants, submitted that no evidence had been given of any authorship in the opera by Alfred Bunu, nor of the right of copyright in the plaintiff. Alfred Bunn did not register the copyright, at Stationers' Hall, ard he may have taken the song from some other book, or "have bought the right of representation. The copyright in the music, as appears by the. entry, at Stationers' Hall, was in Emily Chappell, and Alfred Bunn appears to have had nothing to do with that. There was no case decided in the Law Courts of the copyright of a song taken from an opera, as in this case. This was a. musical composition, and the singing of it was not a dramatic performance, which would bring it within the meaning of the Act of Parliament. The Clerkenwell Benevolent Soeiety was not a corporation, nor a ' firm, and could not be sued. Mr Shaw, on the part of the plaintiff, submitted the singing of thef^ song wa3 a dramatic performance, and that the,''plaintiff had the right of representation. His, Honour, Mr Gordon Whitbread, said he had come to the conclusion that the defendants were not such a body as could be sued, and on that point alone he decided against the plaintiff.