The New York herald., 1870-01-25
supRfMs COURT &C. AMBsas.
Rights Of Artists to Their Paintings.
pafr Tn No

before Judge Card0Z0.
JOhat,les A. OeTtet aln Geo7ye A. James u.s.
Hamilton Wood, Jr.--Ihls was an application TO
vacate preliminary injunction restraining the de-
1endant from selling any copies OF the painting
known as "The Rock OF Ages.' 1t appeared thar
this painting had been painted by Mr. oertel; that
copy had been made which had been on exhibi.
tion az Schaus gallery, at first "Fatn and after
wards under its present tltle, from which photo
graphs had been made and sold; that this copy
had been sold 10 Augustus St0rrs for l,000 that
agreement was tnen made between the plaintiffs
that Mr. james should nave the sole right or selling
reproduGsions Of the original painting ana thar the
chromo-lithograpn was made ABROAD from another
copy sent there for that purpose; that the
palntifs had since been engaged In selling copies
both oi the photographs made from the copy sold
Mr.. StOrrs and the chrOmos made III Paris; that an
which was. however, CONSIDERED to be void; H @ taas
the defendant nad sold photographs OF the painting
srapnc COPIES Of ths octre sold 10 Mr. sios and
winch had been sold by the plalntins which photo
graphs nad asd, been pee colorea Sy hand II was also
ant that they did not care whether these photo
graphs were copied or not, and were therefore
estopped from prosecuting this action.
George w. WingaIe for the motion to vacate,
argued, first that the facts REQUIRED TO sustain
that the right OF the ARTIST 10 his pant.
ing was SIMPLY right to his sdesgn,n
70 which he stood in the same relation as an
author does to book or play; that it would
be conceded that prior to publication an authors
rights In his literary property were absolute ana
could not be interiered with even by his credi.
tors; but that the instant his works were published
they became public property, and could be used
in any manner which such publication would enable
them to be used That any circulation or copies
except TO y limited number OF persons. and upon
conditions expressly or impliedly preventing any
diffusion OF the knowledge OF then contents, would
be o general publication. and unless legal copy
right was obtained the pubic therenpon became
any mode In which such publication might directly
or secondarily enable them TO republlsh, and that
sale OF q single copy would nave tnat effect; thai N
this case such general publication had been made by
The sale OF the painting 10 Mr. Storrs ana ny the sale
Of the photographs and chromos above mentioned,
anu thai the plant1s had thereby lost their COM
mon law rights and must resort to their remedy
under the copyright law, II they had any; that the
right sought to be enforced III this case was NOT
favored In law, being unlimited in duration ahd
without qualifications and therefore q nullLicaton
oi the copy right statute.
Clarence A. Seward Tor the plaintns, commended
that literary property was projected AT law IN the
same manner as any other and held to be exclusive
IN the author until he should abandon 1t by public
dcdlcation and that such property existed in paint
ngs as in any other literary works; that such right
no such publication OF the picture IN question as TO
make dedication; that the original should be
looked on as manuscript and could not he affected
by the circulation OF copies long as the tlc 10
original remained In the artist tnat THIS could only
be done by an absolute sale OF The original picture,
which had nOE been done IN this case, the artist
had expressly reserved to himself all the necessary
rights; that that the painting being beautiful
creation OF the artists fancy was one OF those SUB
1ects which Should be peculiarly favored by the
Court OF Equity. ana that The Injunction should,
therefore, be made perpetual and judgment ordered
for the plantiffs upon The pleading.
The Court took the papers and reserved Its de-
CisiOn.
Rights Of Creditors 0f IL Bankrupt COrp0ra.
tion-The Soldiers Messenger and Despui ch
Company in Court.
WaniaDs O. Ro0ers Us. TIE Soldiers Messenger nrd
Despatch C0mpany-This was an action TO recover
for goods s0ld The answer set up, among other
matters that the defendants had been adjud
Gated bankrupt IN involuntary proceedings, In
which the plaintiffs had proved their debts. lr al-
pearcd that all the defendants' property had Deen
swallowed up IN the pay yncnt Of secured dents, and
that the assignee had nothing In his hands and an
order had been made allowing him to apply for his
discharge, which the plaintins coutended had ter
Judgment on this action ~ frivolous.
George w. WinRate for the motion; cOntended:-
Frst-That certain denals Ia the answer should be
stricken out as sham. Second--fhns the provisions
OF section II OF the Bankrupt act providing that the
proof OF debt should be bar to an action BY the
creditor, did not apply 10 case where the bankrupt
was not or could NOT be discharged from his deDts
and that therefore the provision section 81 OF that
ACT, that no discharge should be granted to cOrpo-
ration, must be considered restricting the general
language OF section II In the same manner that N
had been decided to be restricted in regard to the
debt. Thrd-That the answer was opposed to the
decisions and clearly frivolous.
Tremalne x Tyler for the defendants. argued,
0rst that by the Bankrupt act the mere proving OF
debt BY creditor forfeited his right OF return. ire
spective OF any question as TO whether the debtor
might or might not be discharged Second--lhaL
the answer could not be stricken out as frivolous
rps