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- IN EQUITY.
(Before the Chief Judge, Mr. Justice Street.)
"THE CHURCH AND THE WOMAN."
Finn v Pugliose.
In delivering judgment, his Honor said that the plaintiff, Edmund Finn, was tho author of and owner of the copyright in a novel Intituled "A Priest's Secret!" which was first published
In Victoria in 188S. In February last the plaintiff was registered as the owner of the copyright In tho Commonwealth. Ho com-j plained that the defendant, Humbert Pugllese, had infringed his copyright by making and authorising the making of, and by exhibiting In public, cinematograph films under tho title of "The Church and the Woman," which re- produced substantial parts of his work. In the present caso It was abundantly clear that the so-called dramatic work, or Photo play drama, for which Longford obtained copy- right under the title of "The Church and the Woman," \*ns taken from tho plaintiff's book, "A Priest's Secret." This was manifest. Not only was the substance of the story taken, but over and over again one found passages taken vorbatim from the book and put into bonglord's scenario. The latter then pro- duced a cinematograph film, In which ho do parted to somo extent from the scenario as well as from the book. The defend- ant said that he never heard of tho booked called "A Prjist'a Secret" until Just about the time the suit was Instituted. His Honor, however, was not prepared to accept his statement, which was opposed to all tho probabilities of the case. Therefore, the plaintiff had made out a < ase for rollet, and he was entitled to an injunction, tra an account of profits, and to an order for the delivering up of the dims and negatives. A decree was made accordingly. ' ?
Mr. F. Leverrler. _K.C, and Mr. Harper (In- structed by Mr. H. Fawl) appeared for the plaintiff; and Mr. J. A. Browne and Mr. T. P. Power (Instructed by Mr. W. H. Drew) for the defendant.