COURT SEQUEL TO P.D.C.’s “HIS FIRST CAR”
In the Chancery Division before Mr. Justice Clauson, on Tuesday, Gavin Simonds, K.C., on behalf of Morris Laurence Metzenberg Samuelson, professionally known as Laurie Wylie, the playwright, moved ex parte for an injunction against Producers Distributing Company, Ltd., to restrain them from exhibiting or advertising any mechanical device which visually or acoustically reproduced Mr. Wylie’s literary work entitled “The New Car,” and from infringing in any other way his copyright in that work.
Counsel read an affidavit by Mr. Laurie Wylie which stated that during the summer of 1928 he wrote a sketch which was performed under the title of “The New Car.” In that year Harry Day produced it under licence from him as an item in the revue “Vogues and Vanities,” with George Clarke as leading comedian. Early in 1929, the revue having come to an end, Mr. Day under a further licence gave a performance of the sketch in various halls with Mr. Clarke as principal comedian.
It was given at the command performance at the Palladium on May 22nd, with great success. Mr. Wylie complained that though he had given no right to reproduce the sketch as a talking film or as a film, a cinema trade journal contained an advertisement of a “talkie” version of the sketch under the title of “His First Car.”
Mr. Justice Clauson: “Have the defendants been given notice that this motion was to be made?”
Mr. Simonds said that they had not, as the matter had only come to his client’s notice that morning and it was urgent for the motion to be made at once.
His lordship said he would give leave to serve notice of the motion upon the defendants for this (Wednesday) morning, and he would hear the matter then.
(The Bioscope, 28th May 1930)
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