1938-05-02 — Page 4

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THE CHINA MAIL, MAY 2, 1938.

DAMAGES AWARDED PERFORMING RIGHTS SOC. AGAINST LOCAL CABARET

4

DAMAGES, AMOUNTING TO $400, FOR 16 INFRINGE- MENTS OF THE COPYRIGHT, LAW WERE AWARDED THE PERFORMING. RIGHTS SOCIETY, LIMITED, BY THE CHIEF JUSTICE, SIR ÁTHOLL, MacGREGOR, AT THE SUPREME COURT THIS MORNING; WHEN THEY OBTAINED JUDGMENT. IN THEIR ACTION AGAINST MR. DENIS PONIRIS, ALIAS DENIS VICTOR, PROPRIETOR OF THE LIDO DANCING ACA- DEMY, FOR AN INJUNCTION TO PREVENT DEFENDANT "FROM PERFORMING OR · AUTHORISING TO PERFORM THE THREE PIECES OF "PROTECTED MUSIC,” “RED SAILS IN THE SUNSET,” “WHISTLING IN THE DARK,” AND “DID I REMEMBER.”

+

on'

The plaintiffs were represented tro to make certain inquiries and be- by Mr. Eldon Potter, instructed tween January 29, 1937 and March 10, 1987; he received a report from Mr. by Mr. D. L. Strellet, while Mr. Castro. A letter, based on this re- Somerset Fitzroy, instructed by port, was sent to defendant on March Mr. A. el Arculli, represented de- 12, 1987, but again defendant did not fendant.

reply. Even after sending defendant copies of the evidence obtained Outling the case. Mr. Potter said Commission, he paid no attention and the members of the Performing did not reply to witness. Rights Society Limited, were com

LIST OF COMPOSERS Cross-examined by Mr. Fitzroy, posed of authors, publishers, and witness stated that the Society kept á composers of literary and drama- complete list of persons who have as- tic works and the object of the signed their performing rights to the So- Society was to protect the interests Society. The head office of the of their members. Mr. D. L.-Strel-ciety had the list of composers of mu-

Witness did not sic works.

possess let was the attorney for the Society such a list. Witness explained that in Hong Kong.

anybody could ascertain whether music The Copyright Act of 1911, added was protected by the Society by send- TO-MORROW Mr. Potter is in force in the Colony, ing in the names of the composers and

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and has been since the Proclamation making enquiries from him, as witness by the Governor in July 1912. "Red had a complete list of the members of Sails in the Sunset" was an Eng-the Society. The letters which were lish publication while the other two written to defendant before the writ songs were published in America. - was issued, stated witness, were not to The evidence obtained on Commis-force defendant to obtain a licence, but that he was almost sion, stated Counsel will prove that to inform him defendant had obtained no permission bound to take out a licence. to use these three pieces of music. Witness said that on his instructions, Defendant admitted that he was the Mr. Castro did not go around the dance proprietor of the Lido Dancing halls requesting protected music to be Academy, also, that he was the holder of the licence. .'i

not per-

played by the bands. Mr. Castro was instructed to take down notes of the different pieces of music played and which he could recognise were copy- right. Even Mr. Castro, pointed out that was protected by the Society.. witness, did not know all the music

VISIT TO LIDO

DEFENDANT WARNED Mr. Potter pointed out that only did defendant persist in forming the music in question after he was warned by a letter written to him by Mr. Strellet, but he even continued doing so after the proceed-

Mr. R. Castro stated that he had known defendant for several

years. ings were instituted against him..

The first letter was written

Witness wrote letters to defendant on January 29. 1937, when defendant was Mr. Strellet's dictation in connection informed of the existence of the So- with the case..

on

was

ciety and warned that in cases of in- Witness visited the Lido Dancing fringement of music protected by Academy several times between Jan-. the Society, the Society will take uary 29, 1937-and-February-10, 1937. legal proceedings. Defendant

Witness made notes on January 31 of Witness also advised to obtain a licence from the music that was played. the Society.

stated he was in the place for about Several letters were written to de- one and a half hours, during which fendant but he did not reply. "Here time the three pieces of music con- is a case,'

," said Mr. Potter, "where cerned in the case were played more we went out of our way to call the than once. On February 8, 1937, wit- attention of defendant to the existence ness visited the place again and heard of the Society and also of the infringe- the three pieces of music played. The ments of the Society's rights, but de- music was played when witness went fendant maintained a masterlysil- to the place on February 13, 22, and

March 10.

ence.".

It was established continued 'Mr. Cross-examined by Mr. Fitzroy, wit- Potter, that defendant .did infringe ness replied that he had seen the three the rights of the Society. Defendant's pieces of music on sale in the Colony.. plea was that he did not instruct the Witness did not notice whether words band to play these certain pieces of to the effect that the performing rights music, but that they were to play were reserved were printed on the good music for periods lastings three music sheet. While employed by Mr. minutes.. Defendant's ignorance, Strellet, witness came across several pointed out Counsel, was of no reinquiries from people who intended to levence at all. If he employed a give concerts. As far as witness knew band and instructed them "to` play there had been to inquiries from dance good music, he was responsible for halls. It was part of witness's duty to what they played.

go around the dance halls. It was NO REPLY TO LETTERS common for dance hall patrons to re- Mr..Potter referred to several legal quest certain music items. On one authorities to support his case, point occasion, witness saw the band playing ing out that if defendant employed a from a sheet of music. performer, and did not know what Mr. · Fitzroy: "Can

you're- "Yes,

he was going to perform, he was re-member which piece?" sponsible for any infringement of the "Did I Remember." Copyright Law that the performer

TEN APPLICATIONS committed.

During witness's employment -- there Giving evidence, Mr. Strellet stated were about 10 applications for licen that he was the attorney and agent forces between January and March 1987. the Society in Hong Kong. Proceed- The applications were from hotels, inga were taken against defendant on bars, the Y.M.C.A. and Helena May instructions from head office. Witness Institute.

was authorised to issue licences, and Witness explained to defendant what to take legal proceedings against per the requirements of the Society were sons infringing the rights of the So- and how to all in the form. Witness ciety. Defendant had never approach- however, did not point out to defen ed witness for a licence. Witness em- dant that a certain piece of music was ployed Mr. R. Castro up to October protected when it was played in wit- last year as an assistant to make in-ness's presence. quiries in connection with the work of Mr. 8. A. R. Ismail, of Hall, Brut- the Society In Hong Kong. On Jan-ton's said that on instructions from uary 29, 1937, Mr. Castro, on wit- Mr. Strellet, he went to the Lido Dan... nesses's instructions, wrote a letter to cing Academy on the night of May 25, defendant, but no reply was received. 1987. He heard "Red Salls In the Sun Letters were written to defendant on set" and "Whistling: In The Dark" bé- February 10, but again no reply wasling played by the band. When asked received. Witness instructed Mr. Cas-

(Continued on Page 16).