The Express.
London, England, 1865-01-14 00:00:00

4e

LAW iNTRZLIGENCE.

EQUITY COURILI3.—J.ex. 13.
(Islas VkirOlisassike Sir R. T. Yisesruky.)

len f. ANIIOIIII.-122 PIM AND fIOTOGILPS ISADII.
This wee a modes for an injunction to restrain the dam-
&gigr their spa* servants, and workmen from pabbobAng
ez *waft for male, or selling pirated photegrapheor bre
or chromolithographs of two *term knows
.161111=t4•1111i1006 of single life. Mont Never too late
le mead sad "A real convninancit or a wife able and
wilds( to help • man whoa he 4 bothered." The plaintiffs
me peat publishers, carrying on business is Greasohumb
street; sad defendants are dealers in photographs, carry-
ing es banter in Newiste-arrest ; and it was alleged that
ghee pleintlfe having purchased She original oil paintinp
net them lithographed and registered, lad that ills Men-
deMe purchased lithographs and owned photographs to be
swede of them, which they sold. When plaintiffs became
siren of this they wrote to the defendants requiring that
ail should desist from the publiatioa ot the pbe-
irgraPie, and negotiations were festered late for •
lIIIISPrOIIiBey which tailed, sad plaintiffs then Ned
td Mr bill. The ems fee the &lesbian wad that
blhographeno of the picture' bed been published
which did t contain the name of the publisher or the data
iff publication, and, therefore, did not come under the
eif Geo. 2ed, commonly called Bogart's'. Act. On the
Mier head the plaintiff. said the lithographs which were
maims dab or publisher's same had sot been published
at all, nor sold is the regular way of burrimes, but were
acre artiste proofs, and if any had been sold to • customer
it ins iscoidentaL
Yr. Glue sad Mr. Walker appeared for the plaintiffs ;
lir. hull, sad Mr. J. W. lieLL be the tiefeadeats.
The Vies-Oheseeller said there ware several Important
questions to be decided at the bearing, last at premed the
eel, qualm wee what was to be dose In the meantime.
There was no doubt that dafeadaate had made mid pub-
lished photographs of lithographs published by plain-
tiffs e bat the deberbets said plaintiffs had se oorieriebts
bermanth as by the Bth of Geo. Bed it wee • eseditioa of
upright that the name of the proprietor sad the dated
publication should be engraved on the plate and prided on
every pm'', sad such same and date not being ea
lime Fiats the plaistiffe had so copyright. This
esensebea threaded epos eizeummissees ea which
svidemse was ieceerplete. With respect to lithographs
mod eagraviyer, it was well known that impressions were
streak off from time to time while the work was in program,
le test its eciaditioa, end that secemary alterations might
be made. From the fastidious or morbid Met• of mese*
seem these specimens were =see valuable than prints sub-
sequently struck off, and so baba It was interesting in the
sea af an emiseat ring end amplest to watch, by the
bapeestioes takes off at redone stages, how his mind was
Taking edvaartags of this, sagravees had keg
bas siPatthe habit of havicg3o er 100 or mere artiet's p
stem* eff before putting IS the plate the same and date.
The plaintiffs said they did not iatentiooally well say
slider s proofs blare the Fiats is question were sold by
lawn IAO/1 for them. If as mamma intentioaally
stank off a ember ef satin's prints either the plate was
=h, bet before the name aad date were inserted, be
itt acquire • copyright, beanie the act only gave
a affright to those who pat the same sad date os every
print Bat where merely working proofs were takes,
although the plate was complete, if they were sot taken for
Iles papaws d sale. be sleek& ray that when they were
assibatelly sold, as was aesteeded is this crer, the plain-
tiffs timid net lose the !meat of the tot in the acquiiitios
a a copyright. Be should grant as isjunetiou until the
haring, the defeadaels giving the meal undertaking to be
kakis to any damsels the court might award.