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The photographic news
- Bandzählung
- 12.1868
- Erscheinungsdatum
- 1868
- Sprache
- Englisch
- Signatur
- F 135
- Vorlage
- Hochschule für Grafik und Buchkunst Leipzig
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- Hochschule für Grafik und Buchkunst Leipzig
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- Public Domain Mark 1.0
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- http://digital.slub-dresden.de/id1780948042-18680000
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- LDP: Historische Bestände der Hochschule für Grafik und Buchkunst Leipzig
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- Bandzählung
- No. 502, April 17, 1868
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Zeitschrift
The photographic news
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Band
Band 12.1868
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- Titelblatt Titelblatt I
- Kapitel Preface III
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- Register The Index To Volume XII 619
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Band
Band 12.1868
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- The photographic news
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APRIL 17, 1868.] THE PHOTOGRAPHIC NEWS. 183 was not issued by his authority or consent, and advising intending purchasers to wait a few days for the issue of a new portrait, which, he remarks, will be “ taken with my clothes on at the time when the deed was done.” A case recently brought before a Judge in chambers reminds us of this case. It appears that a photograph had been taken of the Fenian Colonel Burke in Clerkenwell prison, for the purpose of identification, as the custom now commonly obtains in prisons. When first asked to sit he objected, apparently on the ground that its publication might lessen the value of a portrait which he had already assigned to Mr. O’Halloran as part consideration for his bearing certain legal expenses for him. On being assured that the prison portrait would not be published, he consented to sit, and a negative was obtained. By some indirect practice it appears the negative was reproduced by a Mr. Turner, and the portrait announced for sale in a sensation placard as being the only authentic portrait, and having been taken by command. Application was made by Mr. Merriman, on behalf of Col. Burke, to forbid the publication of these portraits, and the facts having been sworn to, a rule nisi was granted. On subsequently coming before the Judge a decision was obtained in favour of the application. As the case possesses some interest, we give such detail of the proceed ings as wo find in the daily papers reporting the case. At the second hearing, Mr. Merriman (for Col. Burke) said that as there could, he pre sumed, be no answer to the case stated in his affidavits, he should content himself by referring to them, and to the statutes 24th and 25th Victoria, cap. 73, sections 1 and 7, and 5th and 6th Victoria, cap. 45, section 14, and to await the answer of liis friend Mr. Shaw. Mr. Shaw (for Sir. Turner) said that lie must admit his client was entirely in the wrong, but that ho had been misled by Captain Codd, the governor of the Clerkenwell prison. Mr. Turner was willing to deliver up the negative and all the copies in his posses sion, and to pay over to Mr. Merriman’s client every farthing he had received from the sale of the photographs; but that he hoped his lordship would limit the amount of costs, and would stay all further proceedings against his client. Mr. Justice Willes (addressing Mr. Merriman).—What do you say P It appears that Mr. Turner is willing to do everything that is right on his part. Mr. Merriman said lie had no objection to an order on the terms asked for by Mr. Shaw, if his lordship thought he could make such an order. The offence under the statute was a misdemeanor, and as to the question of costs lie left himself in the hands of the learned Judge. After some further remarks on either side, Mr. Justice Willes made an order expunging the photographer’s entry at Stationers’ Hall; that all further proceedings of every kind should be stayed upon the delivery up of the negative and the printed copies, and payment of the amount received for the sale of the pictures, to the satisfaction of the applicant, and two guineas costs. There appears to bo some mistake in the report as to the statutes referred to by Mr. Merriman. 'The statute 24th and 25th Victoria, cap. 73, is a brief Act referring to copyright in designs, and docs not contain seven sections. The refer ence here intended is doubtless to the Fine Art Copyright Act, 25th and 26th Victoria, cap. G8. In this, the first sec tion defines the conditions under which a copyright can be obtained in a photograph ; and the seventh section forbids the fraudulent description of, or assumption of, copyright in any work of fine art. The other statute referred to, 5th and 6th Victoria, cap. 45, section 14, enacts that any person feeling himself aggrieved by any false entry in the book of registry at Stationers’ Hall shall be at liberty to apply to a court of law to have such entry expunged, which, it will be noted, was done in this instance. The publication of a portrait without permission is not a thing likely to be of common occurrence, because, both as a matter of good feeling and policy, few photographers would so far disregard the wishes of a sitter ; but the question of the legal right to publish a portrait without the consent, or in defiance of the wish, of the original, has not before, that we remember, been the subject of a decision in an English court. The question was recently raised in France by Alexander Dumas, when his portrait and that of Miss Menken were issued in one group ; but in that case the decision was ad verse to the applicant and in favour of the photographer. COPYRIGHT AND PIRACY. We reproduce, in another page, an interesting resume of the facts as they stand in relation to the law of fine art copy right, especially in its relation to photographic piracy. Our contemporary, the Stationer, in this article, deals leniently and tenderly with the photographic copyist and the vender of photographic copies, believing that ignorance rather than dishonesty accounts for the circulation of pira cies in a large number of cases : and further believing that print publishers are themselves guilty, not simply of great folly, but also of moral wrong, in not satisfying the craving of the public for cheap copies of works of fine art, and in omitting to issue details of those goods in which they claim copyright. We have already often expressed our conviction of the impolicy of print publishers in not issuing small photo graphic copies of their own works, and so driving piracy out of the-field by rendering it unremunerative. The risk of piracy can only be compensated by large sale or large profits, both of which would be reduced by the competition of authorized photographic copies of copyright works. The fact that the issue of photographic copies pays the pirate sufficiently to cover the risk he runs is a guarantee that it would pay the print publisher, who would run no risk. The plea that the sale of the engravings themselves would be inj ured by the issue of small photographs would not be sus tained, we feel assured, in practice. It is rather probable that issue of small copies of a good picture would serve as an advertisement, and extend rather than diminish the sale of the engraving. The charge of moral wrong in not sup plying a public want will be, however, -indignantly re pudiated, it is probable, by the print publishers. So long as they believe that they would sustain personal loss they will naturally ask why they, as traders, should make sacri fices for the public good. But the suggestion of our contemporary that owners of copyrights ought to make it clear to any one concerned in what pictures they claim copyright is a most important and reasonable one. It ought to be possible to ascer tain what is copyright and what is not. At the pre sent moment no such possibility exists. Even the arduous task of searching the registry at Stationers’ Hall would fail to afford any satisfactory information, inasmuch as no copy of the design or picture is preserved there. After spending many hours in the search for a special entry it will bo found to contain only a vague description of the subject in which copyright is claimed. Take an example from a class with which we are familiar. It is desired to ascertain if a certain portrait of Mr. Disraeli, photographed by Mr. Smith, is copyright; and at length an entry is found running thus,— “ Portrait of Right Hon. B. Disraeli, full face, standing position, arms foldedthe due particulars of Mr. Smith’s ownership being appended. But it may happen that half- a-doen portraits of Mr. Disraeli may have been issued by Mr. Smith, every one of which answer to the general des cription in question ; and who shall say to which of them it was intended to apply at the time of entry, or which of them is protected by the registration ? To this it may be replied, that the difficulty in finding an owner for anything affords no excuse for stealing it; that there is a property morally, if not legally, in all designs, and that the facility for copying and appropriating the ideas of another without legal risk should not be made too easy. There is a certain amount of force in this argument, but it is only of very limited application. There exist many engravings of which the copyrights have lapsed by time or neglect, and many copyrights of which no steps were taken to secure. The reproduction and publication of these as
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