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. 57, and the Bth
George IV., chap. 113, for an infringement of the copyright
of the engraving " The Light of the World." The
damages 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 "Darby 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 not 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 he had sold
a considerable number. The only remedy for Mr. Gambart
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 Lekvre 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 he 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 gs.
as his fee, and £l3O to the owner of the picture for allowing
the engraving to be made. With other expenses, including
canvassing and advertisements, he had expended upwards
of £2,000 in bringing out the print. The print had been
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 LIO,ON. He discovered that
about two years ago there was a great falling off, which was
not to be expected from the success it had achieved, and ho
ascertained that, with others of his productions, it had been
,thawatsscoamee. one must
mprtivte
photographed, and sold for a few shillings. He had sus-
tained a considerable loss. His prices were from one to eight
'oafiPreamll-armkaedll him • and en
to copy his productions was a serious injury to .. e Lord
one occasion, when he consulted Sir R. Bethellbo (til
tographed
Chancellor) on the subject he preferred the p
guineas. The manner in which photography had been need
copy.
end it was the public.
printseller,urch
get the advantage. Ile euPPO
tl in' d
Mr. Gambart said he was grief' 3' Jure . Photographers
oould produce copies for i
Mr saves,
Gnadveersheriff
Sheriff
The learned Under-
"great but had no doubt there was
" great light in the World," whether it was the "light
of the world" was another and a very different question.lld
the loss Mr. Gambart was likely to sustain by having his
prints copied.
Mr. Under-Sheriff Burchell could not see how the ques-
tion could be asked, The defendant,
represented, and he could not see how it could be proved
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
i likely to accrue to Mr. Gambart photographing .
by his pro-
f duction.

Mr. Graves said thatetohtobirtn:eltgatu,rssraksla_cpedrdiwnihntseatotllers were protected it
would lead to the d. structiou of the trade, as one would
give a large price for pertni,sion 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 Borchelt thought the jury should
know what occupation the defendant tollowed, 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 tht.t the only question for their con-
sideration was the amount of damages to be awarded
lionhrt had not for the infringement of the copyright, as, by allowing
judgment to go by default, defendant had adm,irthteed
uhes.t,
the plaintiff had a right of action against him
The
t akto the course of conduct he had
aid forp the wo,k of
plaintiff had stated the surn he hade p
h sale had fallen off in
art in question, and also that t
being sold. hoe
art copies
Courtl os s heve
withas
alnikaelsysestso.
consequence of the p
nwoats,thnooudgobutbpt.roaperd difficult caullitxaorn;etn,
de u,ldertlu,iendecedxf.epngiadLat
use it could not be fairly
He had not sat in that
submitted against the defendail knowing
that a man cou:d
Court so many years withoutt X
the damage he was likely to
not be permitted to estima e
further y
that the jury were not there
sustain. Be would
t, but merely to compensate the plain-
tiff,to punish the defendant, but for the injury ofwhich
so tar as he wtens-t the particulwr individ al.
complained, as
ed in the box and wished
to retire. After
short c,)nsultation y
a
ment of £lOO damages,
him to
becat.
had
sustain
i ,hneotufaryrlolmoow.se:d:hh