Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
upheld in the closely similar English case of Ellis _v._ Ogden, in 1894,
by Justice Collins in the Queen's Bench Division. But in the case of
Ellis _v._ Marshall, in 1895, Justice Charles in the same court held
that where two actors had been invited by a photographer to sit for him
in costume and some photographs had also been taken in plain clothes, of
which the actors purchased copies, they were entitled to authorize
publication in a magazine. It may be noted that New York and other
states have statutes forbidding portraiture of persons without their
consent; but this prohibition would probably not apply to photographing
of a crowd, unless the portrait of a special person were lifted out or
made prominent. A photographer may not exhibit a photograph of a patron,
as in his shop window, without the sitter's consent.
{Sidenote: Right of employer}
The employer of an artist in other work as well as portraiture may
become _ipse facto_ the copyright proprietor. In 1871, in Stannard _v._
Harrison, where a wall map had been made by an engraver from rough
sketch and material and from directions given by the plaintiff, the
English Court of Chancery, through Vice-Chancellor Bacon, held: "That
the plaintiff cannot draw himself is a matter wholly unimportant if he
has caused other persons to draw for him. He invents the subject of the
design beyond all question ... this is a work of diligence, industry,
and for aught I know of genius on the part of the plaintiff." This case,
which arose under the engravings acts in England, where an engraving may
be copyrighted by an employer,--though the engraver of his own original
design is the only person entitled to copyright,--is of wide bearing
throughout artistic copyright. On the other hand, in 1898, in Bolton
_v._ London Exhibitions Co., Justice Mathew in the Queen's Bench
Division held that the employer, who had given to the engraver only a
"general idea" of what he desired, was not the party liable for
infringement.
{Sidenote: Photographs}
Public-domain text, read in full here on John Shaqi.
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