Essay written by Robert E. Tevis and Martin Grams, Jr.
Henry David Thoreau wrote that: “If a man loses pace with his companions, perhaps it is because he hears a different drummer. Let him step to the music which he hears, however measured, or far away.”
Writer Robert Alan Aurthur applied that concept to a 90-minute teleplay he wrote entitled “A Sound of Different Drummers,” which aired on the evening of October 3, 1957 on the weekly CBS anthology series, Playhouse 90. The title seemed appropriate as it told the story of a man, Gordon Miller, who loses step with his compatriots when he hears the music of the world he has been persecuting and learns of the error of his ways. The concept may also apply in this case to the writer, however, who may have also been waylaid by what he saw or heard “however measured, or far away.”
Original and memorable teleplays made Playhouse 90 the most respected anthology series during the “Golden Age of Television.” The series would deservedly dominate the majority of television awards (both wins and nominations) and leave behind a legacy that has never been forgotten. For four television seasons, the curtain rose for Playhouse 90 every week with a different production. The goal, which it regularly achieved, was to establish prestige for the network and develop a following among both critics and the everyman who met to discuss the most recent presentation at the watercooler at work. Some of the original Playhouse 90 productions would later go on to become established stage plays and motion pictures including The Miracle Worker, Days of Wine and Roses, Requiem for a Heavyweight and Judgement at Nuremberg.
But was Aurthur’s teleplay original, or was he influenced by the sounds of another drummer?
Columnist Hal Humphrey of The Los Angeles Mirror News was among the first to break the news – weeks after the initial telecast: “Author Ray Bradbury doesn’t believe TV writer Robert Alan Aurthur when he says he never read Bradbury’s novel, Fahrenheit 451. Bradbury has turned the matter over to his attorneys, who will decide if Aurthur borrowed too liberally from Fahrenheit 451 when writing ‘A Sound of Different Drummers’ which was produced on the CBS Playhouse 90 drama series recently. Bradbury says his agents were approached by Aurthur in the spring of 1955 and that he wanted to negotiate for a telecast of Fahrenheit 451 for The Philco-Goodyear Playhouse, for which Aurthur was then story editor.”
Aurthur went on the defensive by speaking to columnist Hal Humphrey, whose syndicated column ran in numerous papers across the country. “I never read Mr. Bradbury’s book,” Aurthur claimed, “but I understand that there were some similarities with my story. For example, in both, reading was against the law. But that is like saying that no two Western stories with a dishonest sheriff should be written.”
Indeed, in April of 1955, Bernard Wolfe, who wrote a few teleplays for The Philco Television Playhouse, approached Robert Alan Aurthur with a proposal to write an adaptation of Fahrenheit 451 for television, believing there was material in the novel for a superb television drama. During story discussions, Aurthur insisted that there were technical problems involved which prevented the program from producing such a story. There was, therefore, no reason to secure the television rights. Producer Gordon Duff, however, read the novel and disagreed with Aurthur. As a result, Aurthur addressed a letter to Don Congdon, Bradbury’s agent, with a proposal and an offer to adapt Fahrenheit 451 for television. An exchange of communications between Duff, Aurthur, and Congdon took place in May of 1955 for potential licensing of television rights.
Ray Bradbury’s suit sought $50,000 in damages for the perceived plagiarism. The court heard from both sides and then had to decide whether there was too much similarity between the Ray Bradbury novel and the Playhouse 90 telecast. Thrown into evidence was Aurthur’s seven-page plot synopsis for Playhouse 90 titled “Plague of Darkness,” dated March 27, 1957, and the second draft of the teleplay dated September 5, 1957.
On the afternoon of June 15, 1959, Federal Judge Leon R. Yankwich found that Aurthur’s play did not infringe, in whole or in part, on Bradbury’s works and that no plagiarism was shown. The case was subsequently brought for hearing before an appeals court.
On January 20, 1961, the appeals court reversed Judge Yankwich’s decision, holding CBS and Aurthur guilty of copyright infringement on Bradbury’s novel. CBS attorneys then petitioned for a re-hearing. On March 22, 1961, the San Francisco Court of Appeals denied CBS’ petition for a re-hearing of the January 20 ruling. After litigating through three courts to the highest tribunal, writer Ray Bradbury won his case. According to a court of law, Aurthur had indeed been unduly influenced by the Bradbury novel.
In early August 1961, the matter was settled for an undisclosed amount in an out of court agreement.
NOTE: It should be noted that an out-of-court settlement is an agreement between two parties that resolves a dispute and does not include the court’s involvement, except to ratify the agreement and end the proceedings. Out-of-court settlements can have no merit of innocence or guilt, based on the written agreement, but are merely financial transactions to resolve a dispute.