Chapter XXXI: Section I: Nature of Performing Right

As copyright is the exclusive right of making copies of a book, so performing right is the exclusive right of representing or performing in public dramatic or musical works. In a dramatic or musical work, the two rights--the copyright and the performing right--exist side by side; but they are quite distinct from one another, and may pass into different hands. The copyright can only be infringed by copying, the performing right by representation or performance. It is no infringement to dramatize and represent on the stage a copyright novel, since the only exclusive right as to non-dramatic work is the multiplication of copies;[664] but a drama on which a novel has been founded may be infringed by another drama taken from the novel.[665] A writes and publishes a novel. He then dramatizes it, but does not publish the drama. B represents a drama founded on the novel. Such a representation is no infringement either of A's drama[666] or of his novel. It makes no difference even if A has published his drama.[667] In dramatizing a copyright novel, however, the making of a single copy of the drama may be an infringement of the copyright in the novel.[668] It is no infringement of performing right to print and publish as a book a play which has been publicly performed,[669] but it may be an infringement of the common law right in the MS.,[670] or the statutory copyright in the book if already printed and published, or it may be a breach of implied contract.[671] If a dramatic piece or musical composition is first published as a book, this does not take away the performing right. This was decided in _Chappell_ v. _Boosey_[672] in respect of music, and is equally applicable to dramatic work. Conversely the representation or performance of a dramatic piece or musical composition in public does not deprive the author of his common law right to publish as a book, or of his copyright when he so publishes.[673] Performing right extends throughout the British dominions.[674]