Sydney Morning Herald (NSW : 1842 - 1954), Friday 5 July 1918, page 4


- IN EQUITY.

(Before the Chief Judge, Mr. Justice Street.)

"THE CHURCH AND THE WOMAN."

Finn v Pugliese.

In delivering judgment, his Honor said that the plaintiff, Edmund Finn, was the author of and owner of the copyright in a novel Intituled "A Priest's Secret!" which was first published

In Victoria in 1885. In February last the plaintiff was registered as the owner of the copyright in the Commonwealth. He complained that the defendant, Humbert Pugliese, had infringed his copyright by making and authorising the making of, and by exhibiting in public, cinematograph films under the title of "The Church and the Woman," which re-produced substantial parts of his work. In the present case 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," was taken from the 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 verbatim from the book and put into Longford's scenario. The latter then produced a cinematograph film, in which he departed to some extent from the scenario as well as from the book. The defendant said that he never heard of the booked called "A Priest's 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 the probabilities of the case. Therefore, the plaintiff had made out a case for roller, and he was entitled to an injunction, tra an account of profits, and to an order for the delivering up of the dams and negatives. A decree was made accordingly.

Mr. F. Leverrier. SRC, and Mr. Harper (instructed 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.