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The photographic news
- Bandzählung
- 6.1862
- Erscheinungsdatum
- 1862
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- Englisch
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- F 135
- Vorlage
- Hochschule für Grafik und Buchkunst Leipzig
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- Hochschule für Grafik und Buchkunst Leipzig
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- Bandzählung
- No. 183, March 7, 1862
- Digitalisat
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Zeitschrift
The photographic news
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Band 6.1862
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- Register Index 619
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Band
Band 6.1862
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116 THE PHOTOGRAPHIC NEWS. [March 7, 1862. Mar (Mr. Heath) naturally felt angry that him with an untruth, inasmuch as ho ■ as one of the number. He Mr. Mason should come to TmE u Londol March The confirn society The some j Wren, tures e from H without The pu North : p. 23). of shoe Mr. Bo was in Mr.. tory of mic wa specim Mr. proven sugges image posing comm Mr. The s hut hi his ti the fil Mr. a vari Mr. in mol tion of The expresi photog now se obtained by the issue of portraits of eminent persons with his name appended, was an element considered; and that, apart from that, a guinea would be insufficient remuneration. Mr. MELHUISI stated that he had considerable experience in photographic printing. By adopting a process of his own, ho could produce from one to two hundred prints in a day from a negative, the exposure necessary with a good light being less than a second. During the examination of the witnesses, copies of the por traits of the late Prince were shown to several of them, and pronounced very fine. Mr. Hawkins having stated the case for the defence to the jury, called Mr. Vernon Heath, who stated that in June of last year he received intimation of the wish of his late Royal Highness the Prince Consort to sit to him for a portrait, intended for the Statistical Society of a recent congress of which, his Royal High ness had been president; he was also informed that a letter had been written to Mr. Mason to the effect that the Prince would sit for a portrait for his Gallery, at the same time if he (Mr. Mason) made his arrangements with Mr. Heath. The same day Mr. Mason called upon him and stated that the Prince was about to sit for a portrait, to be published in his Gallery, and that he had to submit the names of three photographers to His Royal Highness who would select one of the three, and that he wished to know Mr. Heath’s terms in order to mention his name knew that there was no choice in the matter. He told him, therefore, that he would have nothing to do with him until he produced Sir Charles Phipps’s letter. This ho did, and it proved that no choice was left, as it stated that His Royal Highness was going to sit to him (Mr. Heath) and no one else. Subse quently he told Mr. Mason that he would report this conduct at ths palace, and that if His Royal Highness still consented to let Mr. Mason have a portrait, he would leave the price to be decided by any eminent photographer, mentioning Mr. Claudet, Mr. Lake Price, and Mr. Kilburn. He declined entirely to name any price or to enter into any contract at all. The same after noon he related these circumstances to Mr. Ruland, the Prince’s private secretary. A few days afterwards the late Prince sat to him, and he obtained four negatives, two of a size suitable either for the Statistical Society, or for Mr. Mason’s publication, and two vignette heads. Before leaving he asked His Royal Highness if one of these negatives was to be for Mr. Mason. The Prince answered “ No after ho had seen prints of the various negatives he would decide. Prints were forwarded to His Royal Highness and met with his entire approval. About a month afterwards he received a letter from Mr. Ruland saying that the Prince had now decided that the plate of the full-faced portrait might be given up to Mr. Mason. He wrote to this effect to Mr. Mason who called upon him and asked him to pro duce duplicate negatives the same size, and enlarged and re duced. He declined to have anything to do with either of the latter, and advised Mr. Mason to be content with using the negative for the purpose for which it was obtained. He promised to try to duplicate it the same size to increase printing facilities, and charge a guinea for each duplicate negative. After trying, he was not satisfied with the result; and so declined to proceed with the duplicates. He then sent and told Mr. Mason that the negative would be given up to him on payment of fifteen guineas. He then had to leave town and had, personally, no further communication with Mr. Mason, until he received a letter demanding the negatives without further delay. To this he replied, reminding Mr. Mason that he had first come to him with an untruth on his lips, and that his conduct throughout had not been such as to induce him (Mr. Heath) to give up a valuable negative until he received its price. Adding that had Mr. Mason’s conduct been straightforward he should have charged only five guineas for the negative. He had never informed Mr. Mason that he had taken five negatives, nor had he on the occasion alleged by Mr. Mason shown him any prints whatever. Ho had offered to decide this question by reference, and had mentioned the Lord Chief Baron and Sir Charles Phipps, by as to Mr. Heath having informed him, on the day named, of Mr. Mason’s attempt, to bargain with him on the assumption of having to name three photographers. Mr. Robert Murray said he assisted Mr. Heath when taking the portraits of the late Prince, and prepared the plates: there were not five, only four negatives taken. He described also the visits of Mr. Mason’s messenger, first for a negative, and subsequently, for two negatives, offering five guineas. Mr. G. Wharton Simpson, Editor of the Photooraphio News, deposed as to the excellence of the negative, and stated his conviction that, under the circumstances detailed, fifteen guineas was a very reasonable price for such a negative. Mr. C. Jabez Hughes stated that, considering the especial preparation and the anxiety involved in photographing a royal personage, the skill of the artist, and excellence of the result, he thought fifteen guineas was a reasonable price. Mr. Bishop, manager for Marion’s in Regent Street, stated that he had large experience in the publication and sale of photographs, having not less than 50,000 portraits through his hands every month. He considered that fifteen guineas was a very reasonable price. Mr. Hawkins and Mr. Montague Smith having each ably addressed the jury for their respective clients, His Lordship summed up very carefully, directing attention to the probabilities of the conflicting evidence, and pointing out that the especial points for their consideration were, firstly, was there a contract to furnish two negatives at a reasonable price ? and if so, was the price offered by the plaintiff, five guineas, a reasonable price ? The Jury retired for about half an hour, and then returned with the following verdict:—“We find there was no contract for two negatives, but we think the plaintiff should receive the one negative on payment of five guineas.” The Chief Justice said that was in effect a verdict for the defendant. He would, however, endeavour to give effect to the recommendation of the jury by giving leave to the plaintiff to move to that effect. Verdict for tho defendant, with leave for the plaintiff to move to enter the verdict for him with nominal damages of £20, if the Court could be of opinion that effect could be given upon the pleadings to the recommendation of the jury. The case occupied the whole day on Friday, the court sitting until nearly eight o’clock. A very large number of photo graphers were in attendance during tho action. painter Bill pro; of cours I author. I paintin' ! ordinar: s Anothe: I had gr I which, I eminen I public v I offence The B i simplifi i measur | was a ] | sisting I engrav to tho I provisi I Bill wa I not so i I modifie I year t I House, t artists I works I bition, I themse I hear.) The 1 in, was COPYRIGHT IN WORKS OF ART. A new copyright bill, of great interest to photographers, was read for the first time on Thursday the 27th ult. in the House o' Commons. The Solicitor-General said that the law on this subject was at present in a very imperfect and anomalous condition- । A copyright had been created in books and other subjects- | With respect to the fine arts, two series of Acts had been granted, giving a copyright of a limited and special nature-1 In 1735 an Act was passed giving a copyright in prints and I engravings, but awarding no protection to the pictures from which they were taken. In tho present reign that protection was extended to lithographs. Another series of Acts gave copyright to sculptures, models, and casts. That was the extent to which works of fine art were protected in this country: It might appear a singular thing that while an engravins enjoyed protection tho picture from which it was taken should be divested of any protection at all. Yet that was the present state of the law. This, the principal evil ho proposed to remedy, was almost peculiar to England. Foreign countries, by inter national copyrights, were enabled to give us whatever we gave them. In almost all these countries the principal of copyrigl. extended through the whole range of the fine arts, and esP” cially existed in regard to pictures. The periods for whic) copyright were given in this country varied rather arbitrarily- He had taken as the period of copyright for pictures, drawing?' and photographs, tho period of life and seven years beyond That was one period adopted in Mr. Serjeant Talfourd’s AC giving a copyright in books. He believed that this limited protection for life and seven years beyond, would be satisfactor! to artists, and this protection would extend to every painting drawing, and photograph, to be hereafter made and for the firs time disposed of. He had not thought it expedient to I tho Act retrospective, so as to give a copyright either to t i whose decision he Would have been prepared to abide. He had never made any contract at all with Mr. Mason, had never mentioned any price, nor could possibly have agreed to deliver two negatives since His Royal Highness only awarded one. Mr. Ruland, librarian to his late Royal Highness, confirmed the evidence of Mr. Heath, as related to the arrangements and decisions of the Prince, as to the number of negative taken, and
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