A  play^vright  who  appropriates  the  theme  of  a
story  cannot  escape  liability  by  adding  to,  or  slightly
varying,  its  incidents,  by  making  omissions,  chang-
ing names,  adding  characters  ^  or  by  omitting  to  use
any  of  the  language  of  the  story.^

"It  is  piracy  if  the  appropriated  series  of
events  when  represented  on  the  stage,  although
performed  by  new  and  different  characters,
using  different  language  is  recognized  by  the
spectator,  through  any  of  the  senses  to  which
the  representation  is  addressed,  as  conveying
substantially  the  same  impressions  to,  and  excit-
ing the  same  emotions  in,  the  mind,  in  the  same
sequence  or  order. ' '  ^°

Any  adaptation  of  a  copyrighted  work  which  con-
tains its  plot  or  theme,  if  novel,  is  thus  an  infringe-
ment. The  cases  which  have  just  been  discussed  are
cases  of  copying,  with  changes  of  form  and,  in  some
instances,  of  the  purpose  of  a  work,  but  with  an
unlawful  utilization  of  its  copyrightable,  intellectual
concepts.
The  same  rules  apply  to  the  copying  of  musical
compositions.^^  Certain  of  the  so-called  music  roll
and  mechanical  music  cases  have  been  discussed  else-

8— Vernon  v.  Shubert,  220  F.  694.
9— Dam  v.  Kirk  La  Shelle  Co.,  41  L.  B.  A.  (N.  8.)  1002,  175  F.
902.
10— Blatchford,  J.,  in  Daly  v.  Palmer,  6  Blatch.  256,  270.  See  to
same  effect,  Martinetti  v.  Maguire,  1  Abb.  U.  8.  R.  356.
11— Millett  V.  Snowden,  1  West.  L.  J.  240.
INFRINGEMENT  AND  THE  REMEDIES  PBOVIDED  421

where.^2    An  interesting  case  under  the  present  law
holds/*  without  discussing  the  constitutional  ques-
tions considered  elsewhere,  which  apparently  were       g  1 1  nq
not  raised,  that  while  a  maker  of  mechanical  music  Copying
records  may  use  copyrighted  music  to  make  such  musilf''records.
