In the "Little Lord Fauntleroy" case (1888) the person who dramatized the novel of another without his consent, an operation up to that time believed to be unassailable in law, was attacked successfully, by preventing him from using printed or written copies of the play, either to deposit with the lord chamberlain or as prompt-books. In every case where much of the original dialogue of the novel is taken, this stops the production of the dramatization.
In music, statutes of 1882 and 1888 have prevented the use of the provisions inflicting penalties for the performance of copyright songs for purposes of extortion, by allowing the court to inflict a penalty of one farthing and make the plaintiff pay the costs, if justice requires it. Authors reserving the right of public performance are required to print a notice to that effect on all copies of the music.
An important decision (which appears to be a grave injustice) on musical copyright is the case of _Boosey_ v. _Whight_ (1899; followed in other cases--see _Mabe_ v. _Conner_, 1909), in which it was held that the reproduction of copyright tunes on the perforated slips for an Aeolian or other mechanical instrument is not an infringement of copyright. In Germany it has been decided (_Lincke_ v. _Gramophone Co._) that the reproduction of copyright music on a gramophone is an infringement, and an injunction was granted. It has also been held in France that the production of copyright _words_ (but not music) was an infringement, while in the United States the Copyright Act of 1909 extended copyright control to mechanical reproductions, and gave the copyright proprietor power to exact royalties.
The copyright in music was subject to serious injury in England from the selling of pirated copies in the streets by hawkers; and in 1902 an act was passed enabling summary proceedings to be taken for having such copies seized and destroyed. But this act had various practical defects, which still left publishers largely at the mercy of the pirates. In 1905 the evil had become so serious that the chief music publishers announced their intention of not producing any further works till the law was altered; but the new Musical Copyright Bill of that year was obstructed and talked out in the House of Commons. In November 1905 an important prosecution, instituted by Messrs Chappell on behalf of the associated music-publishers and composers, was brought against a coterie of pirates. In the session of 1906 another attempt, this time successful, was made to pass a Musical Copyright Bill. This act (the Musical Copyright Act 1906) made it a criminal offence, punishable with fine and imprisonment, to reproduce or sell, or to possess plates for the production of, pirated copies of musical works. The act also gave power to a constable to arrest without warrant any person who in any public place exposes for sale or has in his possession for sale, or canvasses or personally advertises pirated copies, provided that the apparent owner of the copyright signs an authority requesting such arrest at his own risk. Also a court of summary jurisdiction may grant a search warrant, if there is reasonable ground for believing that an offence against the act is being committed on any premises.