The Employer's Liability Act, 188o, does not appear to apply to an actor or similar performer; but might apply to other classes of theatrical employees. The Workmen's Compensation Acts have been held to apply to various classes of theatrical employees.
(b). The customs of the theatrical profession will govern con tractual and other legal relations between performers and manage ment, providing they fulfil the usual legal requirements as to custom. The following theatrical customs have been upheld by the courts : That an engagement to perform in a play in the West End of London is for the run of the piece (George Edwardes' [Daly's Theatre] Ltd. v. Comber, 1926, 42 T.L.R. 247) ; that an engagement to perform elsewhere for an indefinite period may be terminated by either side giving two weeks' notice ; that, in an engagement for one or more years, no payment of salary is payable during vacation when the theatre is closed (Grant v. Maddox, 1846, 15 M. and W. 737) ; that a manager who engages a theatrical company to perform for one week must not allow another company to perform at that theatre during the same week, either by means of a "flying matinee" or otherwise (Cotton v. Sounes, 1902, 18 T.L.R. 456) that a variety or music-hall artist shall be advertised in a manner suitable to his professional reputation.
(c). During recent years a great deal of legislation has been passed, with the object of protecting theatrical performers. The Theatrical Employers Registration Act, 1925 (which was intended to protect theatrical performers against unreliable and unscrupu lous managers), requires every person who employs at one time three or more theatrical performers, to be registered in accordance with the procedure laid down by the Act. The Act also makes it an offence for theatrical employers to abandon the performers during the course of an engagement, and imposes penalties on persons who carry on business as theatrical employers without being registered, or who procure registration by supplying misleading information, etc. Furthermore, a theatrical employer may be struck off the register if he is shown to have attempted to evade payment of his employees. Theatrical agents who carry on (within the administra tive county of London) the business of teaching or of finding em ployment for those desirous of obtaining employment as singers, dancers, etc., at theatres or in connection with film production, must be licensed for the purpose by the London County Council or by the City Corporation (see the London County Council (Gen eral Powers) Act, 1921, ss. II, 14). The Performing Animals
(Regulation) Act, 1925, provides for the registration of perform ing animals and for inspection of them by duly authorized officers; so as to ensure that their training and exhibition is not accom panied by cruelty. A whole group of recent enactments protect children who are employed in theatrical, etc., performances. The Children's Dangerous Performances Act, 1879 (as amended by the Dangerous Performances Act, 1897), makes it an offence to cause any male person under the age of 16 years, or any female person under the age of 18 years, to take part in any public performance or exhibition which is dangerous to life or limb. The parent or guardian who aids or abets such an offence is liable to a penalty; and if any actual injury is sustained, the employer may be indicted for assault and ordered to pay compensation not exceeding £20.
The Children (Employment Abroad) Act, 1913, makes it neces sary for a licence to be obtained from a police magistrate to enable any young person under the age of 16 to go out of the United Kingdom for the purpose of singing, playing, performing or being exhibited for profit. This licence will only be granted upon the conditions prescribed by the act, which include supervision by consular officers. The Education Act, 1921 (s. I00), limits the hours in which children may be employed in public theatrical, or other performances. These restrictions may be relaxed but, appar ently, no child under 12 years may be employed at any time on any public premises to which the public is admitted on payment.
The Dramatic and Musical Performers Protection Act, 1925, prohibits the reproduction of the performances of actors, singers, etc., by mechanical means for the purposes of trade without their written consent. But this Act only provides a criminal remedy and does not confer any rights, either contractual or copyright upon the performers. SEE Musical Performers Association v. British International Pictures, 1930, 46 T.L.R. 485. (S. C. I.) United States.—In the United States questions of licensing theatres involve statutes in 48 States. Where the licensing power has been delegated to the municipalities, ordinances in the vari ous cities are likewise involved. "Little Theatres," springing up in great numbers throughout the United States, ordinarily avoid requirements of a licence (as well as building regulations) by organizing as a club whose members subscribe for tickets.