HomeMy WebLinkAboutThe Seaforth News, 1928-04-12, Page 7Judgment Refuses Copyright
To Advertising Agents' Copy
Mr. Justice Astbury, After FourDay Hearing, Definitely
Decided in Favor of Advertiser Against Agency
Which Claimed Ownership
London,—A ease 'of great import-
ance to advertisers, advertising
agents, and publishers has just been
heard in the chancery divielon of the
High Court of Justice• It concerned
the point, which apparently had not
been raised before in British law,
• ,whether copyright in an advertise-
*anent prepared by an edvertisin
agency remained the property of the
agency or ,# as. the property of its
client, the advertiser.
The case in question was complicat-
ed and somewhat obscure, but the
final decision of Mr. Justice Astbury,
after a four -days' hearing, was deii-
t(tely he favor e' the client and
against the agent, who had brought
the action in the endeavor to obtain.
an injunction restraining betel the
advertiser and one of the London
< 'newspapers from using an advertise-
ment the agent claimed to have pre-.
ared.
The agent had prepared an adver
'elseinent which his client had inserted
in one of the London dailies and on
which the agent received his usual
commission. Subsequently, the client
causedthe advertisement to' -be in -
*meted in another paper, acting di-
rectly and without the services of the
agent. At this point the agent ap-
pliedfor an injunction prohibiting the
further use of the advertisement, on
the ground that it was a literary
work and as such came within the
'Copyright Act, under which title
would remain in the author, who ap-
peared as plaintiff.
The decision held that no copy-
right existed so far as the agent was
!concerned, and that in employing the
agent to prepare the advertisement,
the advertiser and the agent had, in
Great " I-Iopper" Plague
Over New South Wales
1.:01.0.011,-- An "Farming ing Neiwsf'
dispatch from Sydney swye the Preach or a great plague of grasea.
lletreere to repotted from siouthern
New South Waiter. The advance
guard. of the inmate was described
es twenty melee wide, behind which
are swarms extending ten miles;
rapidly canawmtng what was a<•n
abunde- t geese crop:" ' Fences in
the area are draped With thouea'nds
of inserts, whim untwists, passing:
through ft reported that their radi-
ators
adimors were dogged and atb:ed'r wind-
shields wowed.
effect, contracted themselves out of
the opyright Act. It further held
that the agent's interest in the adver-
tisement in question only eacisteid' so
long as the advertieer continued to
use the agent's services. As no con-
tract existed by which the advertiser
was bound to continue to use these
services, and no copyright as applp-
ing to original literarywork existed,
the agent's application for an injunc-
tion against both his former client
and the newspaper must fail.
It is assumed that the .points of
contentionin the case can in future
be clearly covered in the written
agreement between agencies and cli-
ents, but in view of the delicate per-
sonal relations existing between such
parties and of the fact that many
firms frequently change their a -'tints,
the prospect is not a very pleasant
one for the agencies•
Heavy Weather
y �a
Duchess Honors Irish Guards and St, Patrick
DUCHESS OF YORK PRESENTS SHAMROCKS TO GUARDS ON ST. PATRICK'S DAY
Tile Duchess of York presented shamrocks to the First Battalinn of the Irish Guards at Chelsea barracks
on St. Patrick's Day. This illustration shows the Duchess of York inspecting the Guards before the presentation.
Canada to Open
Ships -to -Cities
Air Mail Line
Planes Will Meet Liners on
Arrival, Then Speed to
Montreal and
Toronto
May Link Winnipeg in 1929
Flyers Effective in Opening afforded by the great success of the
Northwest Territory Canadian wheat pool.
The program for the four -state pool,
Heaney Will
Meet "Tunuey
in Title Bout
Wheat Pol Based on Canadian Plan
r;e gresses in Four Western States
Uollancl First
To Broadcast
To Colonies '.
Tex Richard' Selects New PCJJ, at Kootwijk, Furnishes
Zealander for Champion-
ship Fight After 3 -Cor-
tiered Conference
PERHAPS IN LONDON
Gena Tannery, heavyweight awn -
pion of ,ime wield, will defend his title
egalest Tone I-Ieeney, rug'g+a'd ex -black-
smith of New Zwelsnnd, in July in a
Programs to East Indies
on Short Wave
HEARD AROUND WORLD
Lengths
Develop New Systems For
Telephone, • Broadcasting
The recent anncunceeaeat that the
ring pitched somnewbere to the'United Dutch ohort wave station POJJ is to
States, ar England, Tex Richard, own, transm'l/t regularly between 8 end 0
err and proprietor of pugilistic "Bat Pala on Tuesday, Thurerd'aye and' Sate
bice of the Century," announced, Dee =days is of interest, as Holland was
tacbally at MUatni Beach, lits. And the fins$ nation'to do radio broadccvsb
thereby hangs a tame, work to the East Indies, and the nes-
After wbittltng away me ,traditional sages seat out on about 30 matinee
Rtokardian bayllrltoo, it appearty that' were heard very well in Australia and,
tie Insist be+t now ava411 bee ie blah i &wail ae well.
Turney and Hewn/ will: meet in a I The English stations later broad-,
fifteen-reunnd enmonter at tine Yankee . east from their .station at Daventry'
Stadium in Neave York on the eveceing; some musical shows that vrere relayed
of Tbursday, July 28, !from the Dutch radio station at Bind-
Rickard's! ambitious direr:Tee of stag-' hoven, so that the performance was
Ing the Tenney-Hee/ley flight in Lon - !heard around the world. Queen Wile
don must be taken with a bacicet or , helnuine made a speech to her dial
two of salt, according to espmnte. Tax tont eolonfe , and following that a
has the mammoth Wemlblay Stadiums broadhnst service was established • that
on the outskires of .the world's largest was at first of and experimental nee
city In mina as a possible elle ter tbs tare, though given at fairly regular
bout. John Mortimer, see -confessed intervals T� Netherlands government in-
discovered of Joe Beckett, wilco has an go
interest in Heaney, is etactring that stalled a telephone 'radio eervtee front
Holland to the East Indies, relayed
via India, so that it be possible for
persona to pick up the telephone in
their ova homes in distant parts of
Java and talk with relatives or
Sioux Falls, S.D.—Plans are being the Nation, It is stated that the new
pushed to a successful conclusion for 1)001 will be of much the same inagni-
the organization of a four -state wheat i tude as the Canadian wheat pool, the
influence of which already is being
pool, with headquarters in South Da- felt in the great marketing centers of
Da-
kota. the world.
The plan is called one of the most With the headquarters el the four -
ambitious ever undertaken by wheat state pool in South Dakota, in the
growers of the United States, and en- center of the spring' wheat section,
couragement for the movement was the annual production of which totals
Montreal.—Plans have been cum
-
formulated by W. 0. Allen, publisher
plated by the Canadian Post Office De-
-of a- South Dakota farm paper, pro -
over 300,000,000 bushels, it is hoped
the now venture will gain impetus and
increased support as the work of per-
fecting the organization proceeds.
As wheat pooling on a large scale
pertinent for an extension of the air vides for combining wheat growers of has proven a success in Western Oan-
mail service connecting large elites, Montana, North Dakota, Minnesota add, those pushing the organization of
such as Montreal -and Toronto, with and South Dakota, the pool say there Is no reason why
the first land stop 01 trans-Atlantic It is pointed out that the territory the United States should lag behind
liners- Tis winter tests have been to be included in the pool is one of Canada in adopting more efficient
proceeding for air mail service from ,the richest wheat producing areas in moans of: marketing wheat.
St. John's and Halifax to ,Montreal.
Last fall service was suceusstully
maintained from St. John and Halifax Reful'ta a to Grant
to Montreal and between Rimouski
e and- Montreal. The latter service is j 1c !i r Je a '
toe resume and b d a 1 extended down the
' SEAS ROUTED AUTO PASSENGERS
So high did the wavee rise recently at Durban, Smyth Africa, that pas-
sengers in passing motor ears were forced to abandon their vehiolesa and take
to flight. Huge sea broke over the promenade.
Abd el Krim Passes Long Days
As Exile Cultivating Garden
Ex -Sultan of Riff, Who Led Tribesmen in Revolt, Enjoys
Placid Existence
Abd el Krim, onetime master of the •
Riff and the man whose hardy moan-.
taineer tribesmen reached the very
gates of Fez before they were hurled'
back by the French in one of the
fleeciest series of engagements since
the World War, says "The London..
Daily Mail," la supporting his banish- ,.
meat at Saint Denis, in the Island of
Reunion, in the Indian Ocean, with
. true Oriental patience.
"The Sultan of the Riff" took Tribe
him only two wives out of his numer-
ous harem. They were his favorites,
Fatima and Alcha. Iiia other compan-
ions in exile are his brother, Si Mo-
hammed, and his uncle Abdeslem, his.
mother and his sisters and the fami-
lies of his brother and his uncle. Dur-
ing the long voyage from Casablanca,
the chief port of Morocco, to Reunion,
a son was born to him, so that he now
has three, sons.
Abel el Wrimel brother discarded hie
Moorish attire as soon as the ship
reached Marseilles, but Abd el Brim.
himself did not adopt European Wall-
ing until he reached Reuniqu. He is
living in•'a country' house rented
specialty to lolige him, and which has
been sohnewhat hastily dubbed "the
Chateau de Maurange." In reality the
house has nothing of a castle about
it, but consists of only a ground floor
and a fleet floor, with, a vegetable'. gar
den, an orchard and a meadow ad
joining.
'`ilia first care Was to furnish hie
new home as comfortably as possible',
and eel his wives and hid family at
their ease. When he left Morocco he
knew only the rudiments et the
French language, but he has set him-
self to study it deeply, and to -day he
speaks it as fluently as hid brother,
who to renowned as a good trout*
*choler,
Abd el Krines two elder children at,
north shore of the St. Lawrence to Can•?,dian Radio
Murray Bay and Anticosti Island.
inaugurated with the carriage of, mail Marine and Fisheries' Failure
to and from ocean liners between to Renew Permit Will j
Rimouski and Montreal and Toronto.
The contract for the service to Toron-
to is to be awarded in the near fu.
ture. It will give Toronto quick de-
livery of letter mail to and from Eur- branch of the Department of Marine
ope. If the Toronto service proves and Fisheries •iu refusing to renew
successful, in another year an exten- the radio licences previously granted
sign of it as far west as Winnipeg will to'broadcasting stations operated by
be made. the International Bible Studen s s -
This last step, if it can be achieved, sociation of Canada will probably
will go far toward establishing a re- raise the whole question of radio con-
gular transcontinental airways, across trol and bring to the floor of the
Canada. The actual need for such an House of Commons for debate, it was
airway at the present time is doubted stated here by Howard Ross, K. 0,
by some business men who have given who, with Norman Heyd, barrister, in -
their unqualified support to the de- terviewed officials of the radio branch
on behalf of the Bible Students' As- .
soclation.
The association operates broadcast -i
ing stations at Toronto, Saskatoon,1
Edmonton and Burnaby, B.C., pathos i
A more important extension e to be
situation there now, ae be IIeeney bEmr
eseIf in the course of a vacation in Lon-
don.
Rickard Likes New Places
Rickard's method al'way's ;has been
to seek new, unexploited territory East st
for" friends
in Rolland. India
each of his Battles of the Century. The cof the DTluutch stC. Holt -
You've
"Never go back again to a plane Wireless Company,
you've drawn a huge grate ,for a heavy- zappel, who attendled the recent Ra -
weight cibamipionahip fight," he has of- dlotelegnaph Conference held in Wash -
ten declared. "Now York should pro- •dnlgton, was chic be hid his wife adieu
duce a gate of $1,600,000 for a Tun- before sailing from the Netherlands
neyetible fight, but Chicago, which for America by the simple procedure
Pale $2300,000 for the second Tummy- of talking over the telephone to her
Dempsey show; would not pay $000; from his hotel room at The Hague in
000 for another ane. Philadeil;phla, Ilolland, and calling her at their heave
where Tenney won 'hire title, might be at Basdoong, Java.
worth $600,000 for a second trip. The I•Ie stated that the static is much
next fight will be in virgin territory." wo+'ia in the tropics, and is their'
great probnre in the East Indies.
They do net maintain a regular pub-
• lir Cervice, but plan one in the near
future, as the present one is a goer-
erneeent o'aa
The hreadcast stations in Reiland are
using the crystal control method, but
net in ether countries, though it Is
hoped to establish this system in the
colonies as well. Monsieur Phiiline,
who ie responsible for the stati"*r. at .
Eindhoven, invented the wafter -cots -
trolled valves used theme for iaeir
crystal -controlled sets, which have
<I been most succesetul•
Holland be studying the beam sys-
tem, according to G. F. Rotifer, dele-
gate of the recent conference, and he
1 stated also that it is hoped that a
station using this new method may be
operated in Holland in the near fu-
ture, as they wish to install any new
methods that prove, to be of practio
able value.
Raise Question of
Authority
Montreal,—Action of the radio
velopment of air lines covering terri-
tory north and south of the transcon-
tinental railway system.
The airplane has proved an effec-
tive 'instrument in opening up terri-
Runner Insures Legs
For $50,000
Galt, Ont.—Cliff Bricker' of Galt
valines hie lege. One of Canada's
chief Mopes in the marathon race
at the 011ympics this year, Bricker
has taken out a $50,000 insurance
Policy on his limbs as a precaution-
ary measure. The penny maven;
Bricker for ithe loss of usae of his
feet, legs, knees or tees as well as
in the event of amputation of any
of these parts;
s ing Your Bell
"1- ne'•'1 to advent'se: I J
have be• t, knsin se In this ulna
I0r 1 tseete ream w. Ota
and child ler- knewe where i em
cud what i sei1." The advertising
salesman looked across tine street
and saw a church. He asked how
long it 'beet been bulit. The store-
keeper replied that It bad been
there for half a century. "And.
yet they ring the church bell every
Sunday morning," the, advertising
titian remarked.
radio branch, Mr. Ross said that the
!whole larger question of free speech
' is wrapped up in the present con-
•troversy, The Bible Students' As-
sociation admits that it is broadcast-
ing controvslal matter, but it main-
tains that It has the right to do so
in the same way that the news-
papers have the right to discuss con-
troversial matters in their editorial
columns.
Mr. Ross pointed out that in Eng-
land the. government for a time re-
tfused to permit the discussion of con-
troversial matters over the radio, but
I only a short time ago rescided the
j order in response to public demand
!that free speech be permitted over
' the radio, as from the public plat -
1 form and in the press.
t6ry in the northwest of Canada. The on the air programs of music and lec-
a1r operations through this district, tures on religious subjects. When
application was made recently ton re-
newal of the broadcasting licenses the
radio branch notified the association
that further licenses will not be
granted because the lectures in the
past have contained religions' matter
which 'presented many handicaps to
the pilot, and where forced landings
were extremely dangerous, have been
fairly successful.
The Western anada Airways oper-
ates a regular service from Winnipeg
into the mining districts to the north.
A fleet of Fokker Universal planed, de-
livered to: the Winnipeg base this win-
ter by Bernt Balchen, now maintains
a regular service into this district.
Marian Taalley,4 youthful singer,
earned more than $300;000two
years. Her notes, evidently, draw
x w g
'interest.
tend the local college every, day. They
speak the Ohleuhdialect at home, but
the rest of the time they converse
fluently in: French with their French
playmates.
But though Abd el Krim now dress-
es in European clothes, he continues
to observe the customs of his coun-
try,
ouptry, and the fullest' freedom is allow-
ed him in this respect. He -has made
the acquaintance of a large number
of people on the island and he often
passes long hours with his friends,
the most intimate of whom la the
lieutenant, of gendarmerie.
The former Rig chieftain spends a
great deal of hip thne cultivating his
garden, which he is doing with no Iib.'
tle success. Hie two wives, his moth,.
,er and his two eistere take frequent
walks in the country, but always;;
dressed in their native costumes.
We recognise this year les 1929$
the MohamrnedanO dall It 18461 Op
Dawe 60881 1110 Jaime*, 2G87,. and
e Awe,
Calendar 003;11 10 7480,
by dancers really are that it 10 •ahoutt
i,U'OOi000,000,
i
of a controversial nature. Since the
time the association has been takiug
action to determine whether the gov-
ernment has the right to control
broadcasting in this way, and a pet-
ition has been circulated which will
later be presented to the, Prime Min-
ister.
Commenting on the action the
New Type. Fast Tanks
Teacher—"Tommy, you've not done
a stroke of• work this morning, and
!nye told you again and again that the
devil finds work for idle hands to do."
`Tommy—"Yes'nr:' Teacher "Now
Wife your copybook and write that
out 20 times."
This 1611' any tin -pan
eine feature of the military
parade,
display
THE WHIPPETS O.N PARAog
1111 the "march past" of the speedster
at 'Tallinn,
notlel tanks whlrlt
British Budget
Surplus Shown
• London, April 1.—The Chancellor
of the exchequer Saturday made good
the prediction of Winston Churchill
on March 23 that the budget would
show a surplus for the first time in
three years. It announced•that for
the fiscal year elided today there was
a surplus of j4,230,124. Total revenue
was £542,824,465, and expenditures
were Z838,585,341.
was alt lntpres-
GOD OF FIRE ERUPTS
The volcano Krakattea in the Sunda
Strait, between Java and Sumatra,
which recently became active after a
long rest.
A Pirate Treasure
On Batley Island, one of the 365 Is-
lands in Oasoo Bay and near Portland,
lite.,
was foundthe only treasure sup
posed bo &save been buried by Captain
Kidd. A man named John Wilson,
win dived on the island seventy-five
ansi's ago, seeking the legendary
treasure, dug up a copper kettle
winch had been burled deep in the
ground. lit contained $12,000 in
Spanish gaald. Although •the search
for other pirate treasure has been
perverted along the coast for many
yeses, only the Bailey Wand and has
rewarded the eager seekers of ease
money.
She—'One doctor claims that love
is a disease."
He—"Thank goodness, I haven't
been vaccinated."
Equally Important.
For a bit of a likeness twixt motors
an dmen, you don't have to search
very fart much depends on what's an -
der the hat of a man, and what's un-
der the hood of a car.,
British Columbia Paper—A free
vassination clinic le being held at the
General Hospital this week. You ate
urged to come early and avoid the
rush.
Another proof of the new Ford's
power is its ability to knock two hum,
died dollars off the price of other card.
Our g+rsndametihters kneaded and
baked the bete ehalth bread. Their
gratiolrlbdeen find a better dlsposltlon
of their time and band lelror. Our
grandfathers fed horsoe three timefl
a day, repaired harnesses and wagons,
and received a small deletion of ea
floiency therefrom. Their agrandobdl'
dren aide flee thine as fest, hen times
as fare, and feed tllelr Iran horses only
ate service le needed.
Liquor Downfall
of Codling Moths
Vernon, B.0,—Codliiwg moths like
their lives' as Well WO tlhe choice
trans of the .Okanagan Valley, eta
orchardists here ee'e gllanning bo
trap the mots with "hooch pots."
"Apple cider,. sugar and .yeast 4e
the ocentination Which lures the
moth," declares a fruit expert,
"Last 7658' in Wenatchee, Werke
ingtion, 17,429 moths—•yeti, thee
ooacudbed then—'i` are esendured att
dderbadt traps diming a single set,
soft, on a Aileeore etfpen*mantdlt
been"