12/11/1945

OF APPEAL (CIVIL, INFERIOR)

GANADO E.

CAPTAIN HENRY BRIFFA NE vs FREDERICK GRAHAM NE

N/A

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N/A

COPYRIGHT - COPYRIGHT ACT, 1911 - PRIVATE ENTERTAINMENT - PROTECTED MUSIC

The question whether a place is public or not is for the purposes of the Copyright Act, 1911 one ofmixed law and fact for it is a question of defining what the legislator intended with the words "inpublic", and of establishing if the facts deriving from the evidence of the case constitute the place where musical pieces are played as public, or point out only to a private entertainment. In the case at issue, it was held that the premises were a residential home reserved for associates, and that the fact that at times entertainments were held therein to which friends were asked as guests, didnot alter the character of privacy of the place and of that entertainment.