The Sun.
London, England, 1863-04-03 00:00:00

-- -
LAW INTELLIGENCE.-April 2.

SHERIFFS' COURT.
(Before Mr. Under Sheriff Burchell and a jury.)
GAMBART V. SCLATER.
This was an action brought in the Court of Common
Pleas under the 17th George 111., chap. 67, and -tho Bth
George IV., chap. 113, for an infringement of the copyright
of the engraving "The Light of the World." The
demages were laid at £5OO, and the defendant, who resided
at Canterbury, having allowed judgment to go by ( efault,
a writ of inquiry was executed to assess the amount to be

awarded.
Mr. Biron appeared as counsel for the plaintiff ; the dE-

fendant was not represented.
In opening the case to the jury the learned counsel said
that the plaintiff, Mr. Ernest Gambart, was the well-known
printseller in Pall-mall, and was a great promoter of art.
He had published engravings of Eliza Bonheur's " Horse
Fair," Frith's "Derby Day," and Holman Hunt's "Find-
ing the Saviour in the Temple," and "The Light of the
World," by the same painter. It was in respect of the
last picture that the present action was brought. Mr.
Gambart had expended large sums on the works, and
they had been photographed, and sold at very small sums
—from ls. to 10s. —when the price charged was from two
guineas to 10 guineas. Mr. Gambart had sustained a very
serious loss, and could net account for the decrease in the
sale of the "Light of the World," which had been one of
his most successful productions, until he discovered that it
had been copied and sold by such persons as the defendant
in country places. The defendant was a shopkeeper in
Canterbury, and boasted, when called upon, that hen d sold
a considerable number. The only remedy for Mr. mbart
was to bring the present action, and unless the jury gave
substantial damages the great works of art would be pirated,
and publishers, unless protected, would not embark in any
enterprise on the subject, and the public would be the losers.
A traveller named Lefevre proved the purchase of a pho-
tographed copy of " The Horse Fair" and " The Light of
the World," at the defendant's shop at Canterbury for a few
shillings ; and he told him ho had sold a great many of them.
Mr. Gambart stated that he had given Mr. H. Hunt 200
guineas for the privilege of engraving the picture of " The
Light of the World." He had paid the engraver over 300 go.
as his fee, and £1.30 to the owner of the picture for allowing
the engraving to be made. With other expenses, including
canvassing and advertisements, he had expended has bares
beenards
of £2,000 in bringing out the print. The print had
published about three years ago, but he had been five years
about it. The print was his most successful production, and
he realised the first year about £lO,OOO. Ho discovered that
about two years ago there was a great falling off,
which w
not to be expected from the success it had achievedad been
, and he
ascertained that, with others of his productions, ite
had sus-
photographed,
photographed, and sold for a few shillings. H
tained a considerable loss. His prices were from one to eigha
guineas. The manner in which photography hhad.Eab!eann usd
one
to copy his productions was a serious injury to him;
(the Lord
one occasion, when he consulted Sir R. Be
Chancellor) on the subject he preferred the photographed.
copy.
Mr. Under-Sheriff B archon remarked that some one mnst
get the advantage. ....Ire supposed it was the public.
Mr. Gambart said he was greatly injured. Photographers
could produce
wPT.TiOS rdfeorr- d.
The learned Sheriff had no doubt there was
c, great light in the world," but whether it was the II light
8 World" was another and a very different question.
of th
or. Graves, printseller, of Pall-mall, was called to prove
the loss Mr. Gambart was likely to sustain by having his
prints copied.
Mr. Under-Sheriff Burchell couldn
a t note w
see how the ques-
tion could be asked, The defend
represented, and he could not see 11' h w
it acsansoldrryb was noteproved
against him what injury Mr. Gambart had or was likely to
sustain. The question was, what damages Mr; Gambart
could recover against the defendant, and not the injury
likely to accrue to Mr. Gambart by photographing his pro-
duction.
Mr. Graves said that unless printsellers were protected it
would lead to the destruction of the trade, as one would
give a large price for permission to engrave a picture.
A resident at Canterbury named Ginger, who had acted
as agent for the sale of the print, stated that he had ob-
tained subscribers to the amount of 70 guineas, and after
the defendant sold copies by photography the sale fell off.
He called on the defendant, and he abused him. He was
now selling the copies.
Mr. Under-sheriff Burchell thought the jury should
know what occupation the defendant followed, as it would
assist them in estimating the damages to be awarded.
It was proved that he was a shopkeeper and a maker of
picture-frames,
The learned Under-sheriff, in placing the case before
the jury, told them tlit.t the only question fur their con-
sideration was the amount of damages to be awardng
ed
for the infringement of the copyright, as, by allowi
judgment to go by default, defendant had admitted that
the plaintiff had a right of action against him. The ques-
tion was, no doubt, a difficult one, and the defendant
had not thought proper to appear and offer any explaa-
ton as to rho dares of conduct ho had work
he
plaintiff had stated the sum he had paid feTw.;itatisreln off i
art in question, and also that the copies being
consequence of the photographed copies
h Hen
kely
smatanincothualdt
to
f
had not allowed him to be asked what loss
sustain from such conduct, because_iet
had
not ot be fairly
submitted against the defendant. He
tlhantoa
he waslikely to
Court so many years without
ythtehadtatinheagjue jury were not there
not be permittedtofuesrttihweratsea
sustain. Be would
to punish the defendant, but merely to compensate the plain-
faconcerned
for the injury of which he
eutiffm,
psioaiedr st the particular individual.
The jury consulted in the box and wished to retire. After
a short consultation they returned into Court with an assess-
ment of 0100 damages.