The photographic news

• Bandzählung: 6.1862
• Erscheinungsdatum: 1862
• 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-id1780948042-186200003
• PURL: http://digital.slub-dresden.de/id1780948042-18620000
• OAI: oai:de:slub-dresden:db:id-1780948042-18620000
• Sammlungen: LDP: Historische Bestände der Hochschule für Grafik und Buchkunst Leipzig
• Sammlungen: Fotografie
• Bemerkung: Seite 1-72 fehlen in der Vorlage. Vorlagebedingter Textverlust.
• Strukturtyp: Band

• Digitalisat: SLUB Dresden
• Strukturtyp: Ausgabe

May 9, 1862.] THE PHOTOGRAPHIC NEWS. 223 1862. it exhib । two. On Id be u- as arefc st, whidh partmett are still as to be e contad ight, and t st, make &c., and doped in I partment I i will ’s moot; a bet d the quet, ieve ths ' jurorsin nfirmin! j J, of Ar “ photo-1 ormatiot , i contri- ject, and OUS pic gether- r should nd com- n. We rder, to ■xtent s s. however hundred ntribute s of pie ed. Tbe tion, in sendimg s. Th ment is t, about ish pho being s ansver roted to e solo* . direct, i, fro® its and Som margin, jht, a® 3 in the Max ell, L.” I ter and sed, if I United ds vety 'f other on Bel- Greece, id, &c.i ries, we Jersey, .d none e each f nection with photography in the Exhibition, that in many in stances it occupies a conspicuous and creditable position in illustrating manufactures and art designs. In one instance, half a dozen excellent photographs fill panels in one of the erections in the nave, somewhat unmeaningly called “trophies.” These six pictures are about 18 by 15, and exhibit the interiors of worksheps and tan-yards, with groups of workmen engaged upon the various processes in connection with tanning, currying, and leather-dressing, as conducted in the establishment of Messrs. Bevingtons, of Worcester. These are good as photographs, and capital as illustrations of the operations. The depth of definition is surprising. They were produced, we understand, with the full aperture of a triple lens, by a son of one of the partners. • MAYALL v. HIGBY. Tins case, which was tried before the Lord Chief Baron at Guildhall, when a verdict was found for the plaintiff, leave being reserved to the defendant to move, was finally heard on Tuesday, before the Lord Chief Baron, Mr. Baron Martin, Mr. Baron Bramwell, and Mr. Baron Wilde, sitting in Banco. The declaration alleged that the defendant had wrongfully taken and kept possession of certain photographic portraits of eminent persons belonging to the plaintiff, and copied them and sold them, and thereby depreciated the value to the plain tiff of the originals, and the declaration also claimed an injunc tion to restrain the defendant. The second count was in detenue. The plaintiff and defendant are photographic artists. The former some time past lent to Mr. Tallis, late proprietor of the Illuitrated News of the World, a considerable number of Photographic portraits of the celebrities of the day, for the pur- Pf»e of having them engraved and published with that paper. Tallis became bankrupt, and the messenger of the Court sold the photographs to the defendant, who took reduced copies of them and sold them. Mr. M. Smith, Q.C., moved for, in pursuance of leave re- served and obtained, a rule to set aside the verdict and enter it for the defendant, on the ground that the right alleged, and the right to the injunction were not proved. Mr. V. Williams, in showing cause against the rule, said, No question of copyright, either at common law or by statute, wises here. The plaintiff complains that his right of property in the photographs has been interfered with without his con- sent. That right has been defined to be jus utendi et fruendi. The defendant, getting possession of the portraits wrongfully 4s against the plaintiff, had multiplied copies of them in a re- dneed form, and afterwards sold them. He had obtained from a Mr. Bennett £100 for some, and it was quite clear that the Plaintiff’s property is depreciated in value in exact proportion '''the profit made by the defendant. Those persons who had Poehased copies from the defendant were not likely to pur- Chase from the plaintiff. The latter is, therefore, entitled to Bbstantial damages, although he has been content to take a Zerdict for nominal damages as sufficient to sustain the injune- tion granted by Baron Bramwell at chambers. Baron Parke, in "Boosey v. Jeffreys,” the great case on copyright, 4, House o Lords Cases, said, “ The author of a literary composition has an undoubted right at common law to the piece of paper on which his composition is written, and to the copies which ho chooses to make of it for himself or for others. If he lends a copy another his right is not gone ; if he lends it to another under an implied undertaking that he is not to part with it, or publish t ho has a right to enforce that undertaking.” And Lord Chief Justice Erle in the same case says, “The author has Remedies for the wrongful abstraction of copies ; he may pre vent publication, he may acquire back the copies wrongfully made, he may sue for damages if any are sustained.” In these passages (continued Mr. V. Williams), pictures may be substi- "ted for literary compositions, as is shown by the case of ‘ 1 rinco Albert v. Strange,” 18 L. J., in which Lord Cottenham applied the same principles to the case where copies of the Heen’s and Prince Albert's etchings were surreptitiously ob- aned, and the publication of them advertised. Baron Bramwell: Suppose, Mr. Williams, a man discovered some inscriptions upon stones and brought them home, could • not her take casts of them without his consent and publish depre i 4 S ° doing the value of the stones would be greatly I The Court then called upon Mr. M. Smith, who argued that the plaintiff was not entitled to damages on the first count, or to an injunction, and that the plaintiff had not shown that he had the exclusive right of pub lishing copies of the portraits. Ho had lent them to Tallis for the purpose of their being engraved, and after that any one could copy and publish them. Mr. Aspland followed on the same side, contending that the plaintiff was not entitled to an injunction to the extent prayed, as it would prevent the defendant from selling negatives which were his own property, and because the plaintiff had recovered damages in respect of that very matter. The Court decided that, although the negatives continued the defendant’s property, the selling of them would be an act of injury to the plaintiff, and therefore, apart from any question of copyright, the sale of them would be actionable ; therefore, the injunction might issue under the 79th section of the Com mon Law Procedure Act, 1859. The Court also said that it might have been otherwise if the plaintiff had received full damages in respect of the sale of all the negatives, but the actual damages were nominal only in respect of the right.— Rule discharged, and injunction to go. Aroceedings of Sotieties. London Photographic Society. The usual monthly meeting of this Photographic Society was held in King’s College, on the evening of Tuesday last the 6th of May. Peter Le NEVE Foster, Esq., in the chair. The minutes of the previous meeting having been read and confirmed, the following gentlemen were elected members of the society:—Messrs. W. H. Warner, of Ross, A. B. Brown, of Gibraltar, L. Caldesi, of Pall Mall, Hanson, of Leeds, and J. B. Brown, of Birmingham. A large number of the prints of the Amateur Photographic Association were laid on the table, and received considerable attention. Mr. GLArSHER called the attention of the meeting to some curious photographs in colours, which had been produced by Dr. Diamond. One was taken in the year 1851, and gave a very decided approximation to the natural colour of the objects depicted. The sky was blue, tho roof of a house a reddish brown, an outhouse a similar colour, a little lighter in tint, the tree was green ; each object was in short in its proper colour. No explanation could be given of the cause. All Dr. Diamond could state on the subject was, that it was produced in the course of some experiments, and was not at that time an un common circumstance. The collodion it appeared, contained, in addition to the usual iodides, arseniate of quinine, and the developer formic acid. Another picture was on a stereoscopic plate, and was recently produced with an ordinary collodion and iron developer. In one half of the picture the lights were red, and in the other half blue. He took the opportunity of expres sing his pleasure that the hint he had thrown out at the last meeting, as to bringing specimens, had been taken, and the noble array of the Amateur Photographic Society, now before the members, would well repay examination. Mr. Vernon Heath asked the indulgence of the meeting whilst he gave a verbal description of his method of operating in enlargement, a press of unexpected engagements having prevented him from preparing a paper. He had during the last three months taken not less than 250 positives, and 300 negatives with a view to satisfactory enlargement. He would very briefly and simply state his experience, with a view to aid others in achieving what he had been attempting. He believed that the future of photography would lie very much in this direction—the production of very small pictures, and by subse quent enlargements producing absolutely better results with loss trouble than were now obtained with large apparatus. Those who had experience in landscape photography by the wet process, knew well the trouble and anxiety caused by the enormous bulk of materials and apparatus they had to carry into the field. Last year, in going to Scotland, he had to pay for 330 lbs. excess of luggage. He now believed that with a good lens and good manipulation, results might be obtained which, by skilful enlargement, would render this excess of field apparatus entirely unneccessary; In his first connection with the wretched case “ Mason v. Heath,” he had been asked to try if the negative could be reproduced. He said he had no