New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-25
SUPREME CoURT-CHAMBERs

Before Mr.. Justice CdrdOEO.-1he Rights OF
One Of the aints is the painter Of picture of which
photographs have been published under the names Oh
Faith and t" The Rock of Ages" OF this picture he
made two copies the first Of which he sod to gentle
Brooklyn, and the second specially made 10r tne
pnrp1se no and the photosrsphs sold The
defendant made cOOred copies ~ these photographs ana
also sod them and the plaintiffs commenced an action
to cnoin linn from, the sale In their complaint they
charge him with having represented these coreu photo
graphs copied directly from The picture ana as being
photographs had been copyrighted but owing TO the
fact that the owner was not dened ali fraud
and that before he had made any copies or MS own
he had in conversation with Mr. James told HIM others
were printing them, when Mr. James told him he dd not
mind the sale about over preliminary lhJnhc
ton was granted and the case came up Gn G Ir
the demurrer interp0sed by defendants as lVOlous
Counsel Tor .ne ~ h IN aP or author was Of the
highest KIND that the right to reproduce their creations
statute and was not abridged 10y statute that this right
OF reproduction IN fact, tie most FdiuaDe part
OF their ught; that these principles applied as a;
the bralu, and that only by dedication to the public
could such fright be dyested Iuat inc mere Eldi or
ton Counsel alluded TO the decisions in regard TO the
mannseripts or even printed books intended solely for
private circulation, and argued that the panU OeIe
assignee be the only makers Of copies was unnpaired
He further argued that IL the infringing copy were itself
copy from authorized photograph, then IL ie under
Counsel for defendant claimed that though the sale OF
the first copy dedication To the public OF tho
picture the sale of the photograph to the general public
operated as the sale Of book TO the general public ana
was thencefOrth the property OF the public. From that
time any might use 1t. Such was tho wellestab
ished law.
aAid IL scanned tn MIN question OF
simple honesty WOuld IL be right for him. II he nau
power OF sketching walk down broadway, and seeing
In window picture OF great MASTER tocOpy IL ana
sell IL as "A copy OF that mans work.
Counsel admitted that would be more just TO forbid
such thing THIS was Mansfed's doctrine but 1t was
not the law. - :,
MIR Justice Cardozo said IL would be hard for him 10
believe that sitting In Court OF Equity, the rule OF
honesty was not TO he followed
Counsel argued that the very decision OF Lord Mans
field alluded to- had been Overrued, though but by one
vote in Of Lords and that vote had since been
spoken OF by high authority the death OF the authors
son for IL under the law rght the control was
unlimited by time circumstance The Copyright law
gave protection bu. eXaCted In return that IN time the
people should IL, and exacted copies for public
libraries &c. The law, he commended, was now well
settled that publication surrender OF the common
law right.
plaintiffs; Mr.. Wingae for defendant
Wn. o. Rogers agt. The soldiers Busfness Messenger.
aud Dispatch Compdny-Ths was all action To recover
for goods sold The set up among other matters
that the defendants had been adudcaed bankrupt III
involuntary proceedings in which the plaintiffs had
proved their debt IL appeared that all the defendants
property had been swallowed up In tho payment OF
debts and that the assignee had hing In his
hands, and order had been made allowing him TO APP
ply for his discharge which, the paintin contended had
terminated the proceedIngs and they now move for
Judgment the answer as frivolous. Geo W. Wlngate
for motion Truman K Tyler opposed.