Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The Copyright Office Rules and Regulations say specifically: "(10)
'Adaptations' and 'arrangements' may be registered as 'new works' under
the provisions of section 6. Mere transpositions into different keys are
not expressly provided for in the copyright act; but if published with
copyright notice and copies are deposited with application, registration
will be made."
{Sidenote: Transposition}
In Hein _v._ Harris in 1910, the U. S. Circuit Court awarded damages
where the chorus of a song proved on transposition into the key of the
copyright song to be practically a copy of the melody.
{Sidenote: Works in the public domain}
It is specifically provided (sec. 6) that "adaptations, arrangements,
dramatizations ... or other versions of works in the public domain, ...
shall be regarded as new works subject to copyright," and in the case of
such versions copyright inheres in the dramatizer, adaptor or maker of a
version, as in the case of a translator of a book, in the public domain.
Thus a dramatic or musical work in the public domain may be dramatized
or adapted freely and any individual dramatization or adaptation may be
copyrighted by the dramatizer or adaptor, but he cannot prevent other
dramatization or adaptation of the same work.
{Sidenote: Dramatization right protected by courts}
The American courts have fully upheld the control over dramatization
under the right "to dramatize" specifically given in the law of 1891 and
preserved under the new code. In 1895 in Harper _v._ Ranous, Judge
Lacombe, in the U. S. Circuit Court in New York, enjoined a play,
"Trilby," on the ground that the drama "presents characters, plot,
incidents, dramatic situations and dialogue appropriated from Du
Maurier's copyrighted novel," while denying protection against the mere
use of the title. In the same year and in respect to the same novel, in
Harper _v._ Ganthony, the Harpers, as owners of the copyright of
"Trilby," also obtained from Judge Lacombe an injunction against Miss
Ganthony, who had presented at the Eden Musee a series of monologues in
costume following the plot of the story, which the judge held to
constitute a dramatic version and therefore an infringement. A story,
"The transmogrification of Dan," purchased by the _Smart Set_ for $85,
copyrighted as part of that periodical and assigned back to the author,
was dramatized by Paul Armstrong and produced by the defendants under
the name of "The heir to the Hoorah," retaining the central incident of
the story, though with modification and extension of the characters,
situation and dialogue. In 1908 Judge Hazel, in Dam _v._ Kerke La Shelle
Co., in the U. S. Circuit Court in New York, awarded the full profits
from the dramatic representation as damages to the executor of Dam, the
author of the story; which decision was fully upheld in 1910 by the
Circuit Court of Appeals through Judge Noyes. Thus the new American code
specifically enacts into statute law previous decisions of the American
courts.
Public-domain text, read in full here on John Shaqi.
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