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 general principles as to infringement and fair use, treated fully in
another chapter, apply to dramatic and musical compositions, as already
illustrated above, but some special applications may here be noted. That
a parody or burlesque may not be an infringement, though including some
quotations from the work parodied, was decided in 1903, in Bloom _v._
Nixon,--where Fay Templeton had given a parody or imitation of another
actress's singing of "Sammy" in the "Wizard of Oz,"--in the U. S.
Circuit Court in Pennsylvania by Judge McPherson, who held that as this
was essentially an imitation of personality, it was not an infringement
of copyright: "Surely a parody would not infringe the copyright of the
work parodied merely because a few lines of the original might be
textually reproduced." The judge added: "No doubt the good faith of such
mimicry is an essential element; a mere attempt to evade the owners'
copyright ... would properly be prohibited" as "doing in a roundabout
way what could not be done directly."
{Sidenote: Infringement by single situation}
There may be infringement of dramatic copyright in the use of a single
scene or situation, as already set forth with respect to novels,
provided this is of dramatic character. In 1892, in Daly _v._ Webster,
the U. S. Circuit Court of Appeals, through Judge Lacombe, held that the
railroad rescue scene in Brady's "After dark" infringed the copyright of
Daly's "Under the gaslight," which contained the similar situation of
the rescue of a person on a railroad track before an approaching train.
Though there was little dialogue in this scene, the court held that
while mechanical appliances are not entitled to copyright, a series of
events dramatically represented are copyrightable. In the subsequent
suit for damages, Daly _v._ Brady, the U. S. Supreme Court in 1899,
through Justice Peckham, upheld this decision, and held also that such a
situation constituted an integral part of the copyrighted drama and
should therefore be protected against infringement. That there may be
infringement of a dramatic composition without the use of scenery or
costumes was incidentally decided in Russell _v._ Smith, where the song
"The ship on fire," sung dramatically without these accessories, was
protected as a dramatic piece.
{Sidenote: Protection of title}
Public-domain text, read in full here on John Shaqi.
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