1934-05-02 — Page 7

COPYRIGHT MUSIC IN SOUND · FILMS

JUDGMENT IN.

TEST CASE

Mr. Justice Eve, in the Chan- cery. Divisian delivered his r. Merved judgment In the teat action brought to decide whether musical copyright can be infringed by a nound film.

Mesars. Hawkes and Son (Lon- don), of Regent-street, W.. sued Paramount Film Service, Wardour- street, and Olymple Kinematograph Laboratories, School-road, Acton, for an injunction to restrain the alleged infringement of plaintiff' copyright in the march," "Colonel Boяcy.

They also sought to restrain the defendants from distributing or exhibiting any sound film by means of which the work would be mechan- Ically performed, without the con- sent of the plaintiffs.

Mr. Justico Evo aald that the

THE HONGKONG TELEGRAPH.

WEDNESDAY, MAY 2, 1984.

EXPLANATION ASKED

A section of the ornamental stone work just above the ground floor of Mou!ris & Co. H16 Nanking Road, Shanghai, last week broke loose and fell through ginas-roofed shelter to the sidewalk some 10 feet below. Shown here is a photograph taken acon after, the

the happening.

flim came into existence when the "SWEATED" Prince of Wales opened the Royal Hospital School, Holbrook, Suffolk, and the second defendants sent their representative to take cine- matograph pictures of the scene. During the proceedings, a boys' band played the march, "Colonel Bogey, and this was recorded on the sound part of the film,

The question he had to determine was whether, on these facts, there had been nny actionable In- fringement of the copyright of the work.

If so, it would seem to involve this that the Introduction, into the babel

of Round inseparable from any pageantry, of a few bars of some more or less appropriate plece of musle, would constitute

Infringement calculated seriously to prejudice the rights of those whose aim it was to reproduce the spectacle as a whole,

He could not bring himself to belleve that this could be right. He was of opinion that no Aub- stantial part of the work had been reproduced. Accordingly, the action would be dismissed. with

costa.

SWIMMING TRIALS VIEWS

Critic's Defence

Sir, I feel I have to reply to the

INCENSE

Vatican Effort To Improve Native Workers' Lot

Inbour.

WORLD REVIVAL

WHAT SPECIAL RIGHTS HAS

JAPAN IN CHINA?

London, May 1.

Mr. Quo Tal-chl China's

RADIO BROADCAST

CHILDREN'S STUDIO CONCERT

Minister in London, interviewed TO-DAY'S BROADCAST. to-day, asserted that Sir John' Simon's statement respecting ho British, attitude towards Japan's Far East policy was generally antiafactory but he was asking the Foreign Secretary to elucidato the phrase dealing with Japan's "special rights recognised by other powers but not shared by them.“

Mr. Quo aald tirat although the incident must be regarded as off- cially closed, no Chinese had any Illusions regarding Japan's real intentions towards China.

The Russians, ho said, were bet- ter informed than any other power regarding the real danger in tho Far East and took the most serious view of the situation. The Soviet was undoubtedly doing its utmost to strengthen its Far Eastern de- fancés, he added.—Reuter.

Secks Elucidation.

London, May 1.

It is learned that Mr. Quo Tai- chi will request the Foreign Office to clucidate the reference to Japan's specini rights in China,~| United Press.

No Tokyo Comment

Tokyo, May 1.

Sir John Simon's speech in the House of Commone and the state- ment of Mr. Cordell Hull respect- ing American policy, wore receiv

BOOSTS DEMAND

FOR NEW CARS

The Popo has been shocked to nations of the world are participnt- Indications that many lending learn that the incense burned in Ing in a brisk recovery of trade Christian churches throughout the world is the product of sweated of new automobiles, it was an- are confirmed by increasing antea

nounced by expert officials of the Most of the incense comes from Willys-Overland Company, manu- the rugged mountain region of facturers of the Wills 77 automo-ed favourably in Japan. Thor Migiurtinin, in Italian Somaliland. bile, The little bushes from which the

was no comment except in some of fragrant real is extracted grow

Based on dealer inquiries and the vernacular newspaper.

orders new up the skeer and almost inaccess{-}

abroad, the The remark of Sir John Simon upon Japan's special responsibility ble slopes of the mountains, and world-wide revival extends from the realn is collected by the natives, Australia, New Zealand and then the Far East was not mention- who frequently lose their footPhillippine Islands in the Pacific, hold on the treacherous slopes and across the American continents in- are dashed to death bolow.

to Europe, to the peoples of Asin Even when they have safely and the Colonies in South Africa. descended, they can only sell their product to Arabian or Indian, In former years, shipments for traders for the miserable price of export absorbed from 10 to 15 per about 2d. alb. The tradera take cent of the automotive industry of the incense to Aden, where they the United States. The foreign dispose of it for a high price,

buyer was a great stabilizer for To improve the lot of the the industry and was becoming an workers. the Vatican has decided increasing factor in American

to

from

t

It is understood the Foreign Of- fize takes the vlow that Mr. Hull's statement opinion and does not call for a represents American reply-Reuter.

THIS EVENING

Broadcast from ZBW on a wave- length of 355 metres:

.7.30-10.38 - p.m.

ramme.

8 p.m. Local Report.

4.30-7.30 pim. Chinese Programme, 6-6.15 3.m.

Children's Studio Concert.

European Pro

Time and Weather 7.30-8.15 p.m. Variety and Donca Music, Song-Visions in the Smoke, Song-Speak To Me Of Love,

Fox Trot-Faint Harmany,

Lucienne Beyer (Soprano), Waltz Unless.

The B. B. C. Dance Orebestra Directed by Henry Hall. Humorous-Grandma's Daya and

Nowadays. Humorous-The Bushes at the Bottom

of the Garden.

Norman Long. Organ Solo-Lullaby of the Leaves.

Sidney Torch. Song-You've got mo Crying Again. Song-I Envy the Moon,

Charles Carlisle (Tenor), Pianoforte Duet-Mr. Whittington-

Who Do You Thing You Are, Planoforte Duet Mr. Whittington-

What A Pleasant Surprise.

Carroll Gibbons and John W. Gre n. Waltz-Conversation Picco-I'll

Follow My Secret Heart. Waltz Conversation Piece-Regency

Rakes.

·

The B. I. C. Dance Orchestra Directed by Henry Hall. 8.15-8.45 p.m. Orchestral. Tragle Overture, Op. 81 (Brahms).

The B. B. C. Symphony Orchestru conducted by Adrian Boule. Hungarian Dances (Brahms arr.

Dvorak).

The B. B. C. Symphony Orchestra conducted by Adrian Boult. (a) No. 10 in B`Minor.

(b) (c)

No. 20 in E Minor. No. 21 in E Minor. Salut D'Amour (Elgar). Carlasima (Elgar).

The New Symphony Orchestra cons, ducted by Sir Edward Elgar'

G.M., K.C.V.D., Summer Night on. the River (Delius),

Sir Thomas Becchant and The Royal,

Philharmonie Orchestra. 8.15-9 p.m. Vocal Gems from Opera.

Manchester, Dubious.

London, May 1. "The Japanese Foreign Office knows how to be mute and leave it to its ambassadors to be gar-Faust" (Gounod),

the Manchester

The Light Opera Coupany. Guardian.

"Mignon" (Thomas).

The Grand Opera Company. B-9.20 p.m. From The Studio. Mandaline Sulos' by Mans Endic

co-operate with the Italian trade and world prosperity. R. J. rulous," declares

Government for the creation of an

"The gist of Britain's question

Italian monopoly of the collection Archer, Vice President of the and sale of Incenno in Miglurtinis, Willys Export Corporation, points The Pope has permitted the use out that the fact that export bugi-and Japan's reply must be derived of the word "Vatican" as the re-ness is reviving is giving new gistered trade name of the incense

to be produced by the monopoly. Courage and confidence to Amer-

fean business men.

from Sir John Simon's state- Yuen, ment, and, so far so

good. It

gives us all we require," the journal says.

Programme.

1.

2.

The Old 11th.

Primavera.

3.

Arthur Young. Clara Ross Riel. Digger March.

Arthur Young. Auf Wiedersehen. My Dear... Did You Ever Sco A Dream Walking.

5.

6. Hold Me,

accusation that my criticism of the Selection Committee of the lingkong This plan is likely to deprive Chinese Amateur Athletic Federation Aden of its position as the world'al Mr. Archer said that practically

The Guardian asserts that "the in respect of the swimming trinis for clearing house for inconne. Only every country of the world will substance of Mr. Hirota's answer the Olympiad was made "recklesaly the small amount produced in receive the new Willys cars and

is as easy as it is evasive. As and without any bona fide attempt to Hadramaut (Southern Arabia) that the demand in some nations is might be expected, it leaves un- escortain truo facts," As in the olleial statement of tho Federn would then pass through the Pro-increasing at such a pace that the answered specific questions put tion, issued by Mr. Lo lap-fu.

teetorute.-Renter

company is planning to increase its by the British Ambassador, and production schedule to fill orders. confinca ita raply to general

Id said that Australia especially statements. is registering a brisk recovery of business while distributors in that for an explanation of the state- "Did Sir Francis Lindley ask country are asking for more shipments made by two Japanese ments of the Willys 77 than are Ambassadors, Consul-General rendily obtainable:

and a Foreign Office spokesman ? from the Studio. asks the Guardian.

By "true. facts," I assume that the Federation referred to the 400 metre zace, as it said, against my allegation, that Mr. Mak Wai-ming never par- ticipated in this race. Now, would the Federation be convinced, if I were "W ̈rentiud" "it" «""the" first "trie!" on April 13 in the Chinese YMCA.? Nine competitors took part, and were divided into three heats. Three did not finish the race, and Mr. Mak

BEES IN ICE

"TAKEN TO BLOSSOM ZONE

van

Surrounded by a ton of ice pack Wal-ming was the first in the first ed in sawdust in bags, 11 million heat. The results of the race were bees were transported in a published in the Nom Keung Yat Po and Kung Shoung Fat Po the falles 400 miles last month by a well ing day. Was that night's trial not known New South Wales apiarist,. a trial for the Olympiad? I fall to Mr. W. S. Abrain. understand how the officials could have forgotten or ignored this.

In both domestic and overseas markets, the company's distribu- tors are stressing low purchase and operating costs, besides advanced streamlining of the new Willys 77.

COTTON, WHEAT AND SILVER

LATEST NEW YORK

QUOTATIONS

Thla novel means of transport-} . ing about 250 hives, states Austral Turning to the official list of the News, was undertaken because of Selection Committee members. I fud complete failure of blossom in that this Cominltice consists of two the neighbourhood and the neces representatives from the S. G. A, A., ane from the Y.M.C.A., one from the sity for finding a fresh nectar C.A.A., and two from Canton, Well, is supply. Mr. Abram was faced thie dominance of the S. C. A. As with the alternative of feeding the otho Selection Councils due or un-bees artificially at the cost of £20

Meners, Swan, Culbertson and Fritz due 1 At least, it weighs as much as a week, or of losing quantities in have received the following quotations that of the whole city of Canton, or transit through overheating. Ice on the New York cotton and whent twice that of each of the Y.M.C.A. and solved his problem. The bees and silver exchanges for yesterday, the C. A. A.

arrived in excellent condition.

I do not mean to stir up mud or create "bad blood" in any way, but

merely wish that fustice be done where RAILWAYS

Justice is due.

A CHINESE.

FRICTION IN CEYLON

Closing

Rango 10.58-10.06 10.73-10.75 10.91-10.92

Cotton

Apr. 30.

Close

May 1.

.

NURSERYJujy.

PARIS AND LONDON FOLLOW SUIT

May

October December January

10.74

10.00

11.00

11.16

11.01-11.01

11.21

March

11.93

1

Spot

10.05

.11.00-11.00 11.17-11.18 10.75

Imitation is a specially gratify- ing form of flattery when it is

GOVERNOR OVERRULES youth which Inspires age,

STATE COUNCIL

It appears from an answer in the House of Commons that the Governor of Ceylon has recently had to use his powers to overrule the

Stato Council.

Inl Secretary, informed Sir 11.

Chicago Wheat.

The nursery recently establish-May ed by the Victorian Rallways, says July Austral News, has been copied at September.... two Parisinn stations, the Garedu Nord and the Gare de L'Est, and the Victorian Chief Commissioner, Mr. H. W. Clapp, has just received cable from London asking for

Sir Philip Cunliffe-Lister, Colon-articulars of his scheme. Pago Croft (C. Bournemouth), Victoria's is the first railway October that he understood that since system in the world to think of January 1 last the Governor had

the capturing

patronage of

used in powers of certification on mothers by installing a nursery. four occasions in order to secura the passage of

supplementary

estimates in connection with the Balaries and conditions of service of public officers.

The P. and O. Hner Naldera le due here from Shanghal at 7am. Friday,

7. Grand Scotch Selection.

Em-

J. E. Dallas. 8. Flying Wedge.

Kate Dolby. 9.211-9.30 p.m. "Drinks All Round" by the Columbia Vocal Gem 'Company-

9.30-10.30 p.m. The R.M.S. press of Canada" Orchestra conducte siderations which would Induco

"There may be tactical con-by Mr. G. Redfern. Sir John Simon to say that Mr Hirota's reply is reasonably clear, 1. March, Miramar, (Spitalny), but one cannot suppose that he is 2. Waltz, Les Fleurs, (Waldteufel). really satisfied.

Selcetion, Maid of the Mountains, (Fraser-Simson). Entr'acte.

(n) Londonderry Air.

3.

"Such statements as

those of 4. the Japanese spokesman must be treated as responsible pronoun- cements, by responsible officials, which had Tokyo's approval," the Manchester Guardian declares.

"The conflict between Japan's formal but concerted warnings and formal assurances and the threats of her various spokesmen is too great. Therefore, it can be assumed that the incident is not closed but that a new chapter hins been opened," the paper concludes. --Reuter.

REVOLVER FIGHT IN A BAR

THREE MEN KILLED

París, April 1.- Three men were killed early this 1834-70 morning in a revolver fight in 77%-77% bar in the Rue des Feuillants, 7814-78% Marsellles. Seven revolvers were

later found lying on the floor.

Apr. 30. Closo

May 1. Closing Rango

RO

70% 80%

A

Winnipeg Wheat

The barman stated that four Apr. 30. May i

young men had been half an hour Closing

In the bar and opened fire as soon Range

04-04 no three others entered. One of 60%-05%

these three survived and aniil that 67%-074 he never saw his assailante.

Close

May

A

July

0034 00%

Bilver

Apr. 30.

Close

42.00

43.10

43.40

6.

Programme.

(b) In A Lotus Field. (Bratten). (c) Love's Garden of Road

(Haydn-Wood).

(d) In a Chinese Temple Garden

Fox-Trote.

(Ketelby).

Selected.

News,

10.30 p.m. Rugby Mid-day Press 10.35 p.m.

Close Down.

NEW AUSTRIA.

VON STARHEMBERG IS VICE-CHANCELLOR

Vienna, May 1. Chancellor Dollfuss, In In- plementing the now Constitution, has appointed Prince von Star- hemberg (leader of the Heimwehr) to the post of vice-Chancellor, Instead of Mayor Fey, who will be como

Minister for National Security.

The Concordat between Aus- trla and the Vatican was signed by the Austrian President at mid- night-Routor,

NEW WARSHIPS

TWO CRUISERS FOR GREAT BRITAIN

It is thought possible that the motive of the assailantswan May 1.

jealousy on the part of one of their Closing number. Whether the successful

London, May 1, Rango rival was among tho, dend is un- 49.10-43.10 known. One of the men killed, a The Admiralty to-day 'decided to 43.17-43.20 newspaper vendor, who had twice order construction of the two 43.33-43.40 been sentenced for theft, had been "Minotaur" Class cruisers of the 43,90 43.75-43.85 44.10

In the bar for some time. The 1988 Programme from Messrn. 4-4.00-44.00 44.50

14.40-44.40 polica stato that three of the four John Brown and Company, · Clyde- Total valen for the day!-

men who opened fire have been bank,

and Mesars. Vickers- 7,000,000 OZN

18,025,000 oza identified and that one of them has Armstrong Company, Barrow.— (280 Contracts) (567 Contracts) | been ntrusted,

Reuter Special

May The Hon. Treasurer of the Society July of St. Vincent de Paul acknowledges September with grateful appreciation and thanks | Fiocember the receipt of the following donation January to the Society's Funds.Hongkong March Football Association, Sunday Herald

on Cup Football Competition for the

Season 1039/1034, $500.00,

ALWAYS SOMETHING NEW

Maizee's

St. Georgo's Building

Now Evening Gowns

Silk Afternoon Dresses

White Shalt.

Chater

White Silk Sports Frocks.

Bags

Carpet Baggars for the Beach.

HELENA RUBINSTEIN'S

BEAUTY PREPARATIONS, "Treo" Girdles.

THE MOST POPULAR CAR

with

KNEE-ACTION WHEELS

still further increase the popularity

of the

CHEVROLET

The difference in COMFORT produced by Kneo- Action Wheels, especially on the back seat, is beyond description.

kids

There is SMOOTHNESS at high speeds and a STEADIN and clinging to the road almost unbelievable...

Safety is much increased-the life of the car extended. Shake and shimmy arc banished.

Yosa

With the ups-and-downs absorbed by Knec-Action" Wheels, with drafts abolished By Fishor No-Draft Ventilation, the motor RIDE of yesterday, is gone. Our di 1934 CHEVROLETS will GLIDE..

Call for your trial ride at the afa

FAR EAST MOTORS

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Own

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226

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Poisons as dangerous as

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PREVENTS PYÖKRHŒA