The photographic news

• Bandzählung: 12.1868
• Erscheinungsdatum: 1868
• Sprache: Englisch
• Signatur: F 135
• Vorlage: Hochschule für Grafik und Buchkunst Leipzig
• Digitalisat: Hochschule für Grafik und Buchkunst Leipzig
• Digitalisat: SLUB Dresden
• Rechtehinweis: Public Domain Mark 1.0
• URN: urn:nbn:de:bsz:14-db-id1780948042-186800009
• PURL: http://digital.slub-dresden.de/id1780948042-18680000
• OAI: oai:de:slub-dresden:db:id-1780948042-18680000
• Sammlungen: LDP: Historische Bestände der Hochschule für Grafik und Buchkunst Leipzig
• Sammlungen: Fotografie
• Strukturtyp: Band

• Digitalisat: SLUB Dresden
• Strukturtyp: Ausgabe

188 THE PHOTOGRAPHIC NEWS. [April 17, 1868. works, and have produced witnesses to prove that since the piracies were issued, the sale of original copies has fallen off. In the case of Gambart v. Sclater, tried in the Sheriff's Court, one Mr. Ginger, of Canterbury, swore that he had procured £70 worth of orders for the “ Light of the World,” when it first appeared, but that afterwards he could not find buyers. Surely this assertion did not prove anything ? Every book-publisher knows that the sale of each work is greatest when first issued, and that it gradually declines. And of course it is so with prints. Had Mr. Ginger stated that he had continued to be as successful in finding customers as he was when the print first appeared, we should have disbelieved him. It is, however, only fair to Mr. Gambart to state that so convinced was he of the loss he sustained by having his works pirated, that in 1864 he purchase certain pictures without the copy rights, because he considered the latter useless to him ; and in the same year, writing upon the subject, he remarked :— I withdraw from an industry in which some people think I have rendered some service to art and artists ; I do not deem it advisable to waste more capital on property wbich I am unable to defend, and I am driven out of a lawful business by the evil proceedings of others. Before concluding our remarks respecting “ The Light of the W orld ” and its assumed depreciation, it is not unworthy of notice that Mr. Gambart found it to his interest to re-engrave and publish a smaller copy of the work in question. Some time ago Mr. Ordish was summoned at the Guildhall for selling a copyright carte-de-visite of Miss Lydia Thompson, but Aiderman Carter dismissed the summons on tho ground that the defendant had acted in ignorance. The law presumes that every man ought to know when he commits an error; and if the worthy aiderman did not decide exactly ing accord ance with judicial tradition, he took a common-sense view of the case. And we believe that many poor country tradesmen who have had “ to pay the piper,” through selling piracies in ignorance of their liability, would have done better by appeal ing to ajury than by showing the white feather, and paying a sum of money to stay the proceedings of their prosecutors. It is only a comparatively few months ago that a great number of newsvenders in the country had actions brought against them at the suit of Moore, M’Queen, and Co., and Ernest Gambart. for selling copies of “ The Return from Hawking ” and “ A Distinguished Member of the Humane Society,” which had been given away by the publishers to the subscribers of Bow Bells. Much annoyance was caused in consequence to very poor people, and in the Thames Police Court it was stated that from a needy widow, living in a by-street, £12 were demanded for compensation, though the total number of copies she sold was only twelve, and from which the profits realized amounted to just fourpence. This was indeed practising the lex talionis with a vengeance ! Messrs. Graves and Co. suggest that as some 700 pictures are annually exhibited at the Royal Academy, there must be many of such worthy of being reproduced; and they propose that a public company should be established for the purpose of disseminating “ cheap art.” The hint is not altogether a bad one, and we have no doubt that many artists would, for a fair consideration, permit their paintings to be photographed, and copies of them to be sold. But then the difficulty arises of getting good negatives from pictures, as the effect produced by pigments is generally blotchy, and lacks that defined sharp ness which is obtained from engravings. In Erance, however, this difficulty is overcome. There the artists and photo graphers work in harmony. The former first prepare their designs in sepia, and from these the latter work, while the colours are subsequently added by the painter. In speaking of the law of copyright, Lord Mansfield said:— “ It is certainly not agreeable to natural justice that a stranger should reap the beneficial pecuniary produce of another man’s work.” And in this expression we fully coincide. As the law, however, exists, there is no direct means to discover what prints and what photographs are copyright. Dealersoin such goods may therefore very innocently transgress the law, and subject themselves to heavy penalties; particularly so at the present time, when unscrupulous men are employed to tempt unwary people to buy, and still more unscrupulous individuals are willing to tempt the before-mentioned purchasers to sell. There is a great demand now existing for photographic pic tures, and we think the print-publishers are doing a moral wrong, firstly, by not endeavouring to satisfy the public requirements; and, secondly, in omitting to issue details of those goods in which they claim a copyright. Trading in photographs is now very hazardous, and we advise dealers to be chary as to their proceedings, and to purchase only of established firms of good repute, conditionally that the said firms will hold them harmless in any ulterior proceedings that may be taken against them in respect to their dealings in such goods. There are many works represented as copyrights that are not such, while there are numerous plates concerning which there is much doubt. These circumstances cause much difficulty to even the most experienced persons connected with tho trade; and as reliable evidence is not always attainable, errors are unwittingly made. The existing position of the scrap trade is, therefore, so unsatisfactory, that we think legis lative interference is requisite. If a person publish a book, there are, by reason of the many indices that are issued, means of finding out the nature and title of the work, while tho volume may bo readily seen and perused at the British Museum. With works of art it is different. An individual may desire to reproduce a particular design in photography. If, however, he exercise all his personal ingenuity in endeavour ing to discover whether any copyright exists in it, he will probably fail to secure cerreet information. At Stationer's Hall he will not learn anything unless he know the name under which the design has been entered, while even if this be known, tho description may bo so ambiguous that ho will fail to recognize it as referring to the work he wishes to reproduce; for bo it known, that it is not roquisite on registration to supply a copy of the work desired to bo protected. We therefore sug gest tho establishment of a museum of art, which should be open to all persons wishing to make inquiries respecting copyright, and where photographs should be kept of every protected work, whether statue, painting, print, or photograph. Such an estab lishment would probably bo more effectual in putting down piracies than have been the late criminal prosecutio is, as it would wholly prevent pleas of ignorance or other illusive ex cuses being made in extenuation of error. Certain judicial decisions recently given have caused much ■ consternation among the dealers. Eines of £250 and £130 ami expenses, irrespective of civil proceedings at law, are not of every-day occurrence, and may well strike terror into the camps of the pirates. Whether tho decisions arrived at by tho magistrate were, or wore not, right we shall not discuss, though we consider they were cases in which leniency might have been shown. We do so because it was proved in evidence that the prosecutor’s spies tempted the defendants to procure particular goods on the faith of certain representations, and au old maxim states that “ tho tempter is worse than the thief,” though we do not believe that the last word of it is any way applicable to the defendants. They were not dealing in the piracies, and the spies, finding out such to be the case, made tempting offers, and, poor human nature not being infallible, the scouts succeeded in hunting down their game. They did not, however, bag them at once, but let months roll away, and when their victims had almost forgotten the circumstances of their delinquency, the avenging summonses were issued. If several persons combine together for the purpose of inducing others to commit legal offences, it appears to ourselves very much like a conspiracy. In all cases, therefore, where prose cutions are instituted on the evidence of hired tempters, or spies, wo would award tho very lightest punishment that the copyright law allows. R. H. M. o 2roceedings of Smrths. South London PIOTOGRAPIIIC Association. The usual Monthly Meeting was held in tho City of London College, on the evening of Thursday, April 9th, the Rev. E. F. Statham, M.A., in the chair. The minutes of a former meeting were read and confirmed. The Chairman announced that the presentation prints selected for the present year were “ Going to Market,” 16 by 12, by Mr. H. P. Robinson, printed in carbon, and a whole-plate picture by Mr. Rejlander, entitled “Homeless,” printed in silver. Ho also called attention to a circular inviting photo graphers to contribute to a fine art exhibition at Darwen, in Lancashire. The officers for election at the Annual Meeting in June were nominated.