New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-04
COPYRIGHT IN PICTURES.
n,,,xc LIKE THE ELLSWORTH la"
NEEDED IN ENGLANp-lhn -
GRAPHIC COPYRIGHT UNION

London. March II
r,. re,roduction Of photographs =. -
u,, nrass IL regulated entirey ~
=, DOWNRIGHT No statute siH'ia ~
Gently introduced in the Ne"
...r,,, the unauthorizeo p'i"''"s anu pun
- :, ,or,raits or alleged poluai's vi IN
,',Sn ,s necessary fer the pro'ection OF
- tights Remedies lot aouses Vi seio"
,,,s,, are supplied by 'he common law
uarson who orders ana pays io' pho'o-
ANY pe'.' .,,,se,f can secure a copyright by
having II registered "" NC " ~ W "
Ha'"e shlling-the right to reproduce the
costs o"' , IN any book or public print can be
pno'oe an,v with his consent He has prop
~, IN the photograph. and the courts will
cry :, upon his application for redress. II
e'-sotoeraph be reproduced without his sane
'He - has valid cause of action and can OBJ
81, heavy penalties.
y-vsn when registry has not been applied for.
.vsnaper and book publishers act upon the as
sumptlon that copyright exists and that the
rrivilece OF reproducing the photograph must
he secured by consent or purchase The permits
sion Of the private sitter who has paid for the
photographs is obtained ordinarily before the
picture is reproduced. II the photographer owns
the copyright. minimum half guinea fee is paid
before the picture is 'haf-toned or copied In any
form II these precautions are neglected there
is a liability TO legal action which Is generally
recognized. The photographer can obtain dam
ages for every copy of the paper or periodical
for the sale OF which he can produce evidence
The private sitter II he has registered the photo
graph. can exact heavy penalties by establish
ing the fact that the reproduction Of the picture
was unauthorized. The principle of copyright
affords full measure of protection in England
oP vic rioI
The test case of Ellis VS.. Marshall. which was
decided rot long ago in the Queens Bench D!vi-
sion illustrates this principle OF copyright in pho
tographs Miss Mary Moore. the leading actress
OF MI WyndhaIns Company at the Criterion
Theatre received from the editor Of an Illus
trated magazine a request to supply copy OF her
photograph for reproduction. She sent TO the
magazine photograph which had been taken by
Alfred Ellis and duly registered by him. When
the magazine was printed the photographer COM
planned that his property had been used without
authority. The sale Of the periodical was sus-
pended and the proprietors were sued under the
copyright law. The ground Of defence was the
actresses permission TO have the picture repro
duced: but the prosecution proved to the salts
faction OF the Court that she did not own the
copyright, and that the photograph was taken
with her consent for sale. the likeness of a
rapher owned the copyright and that the sale Of
each copy of The magazine was a separate Of
fence. for which damages should be assessed II
Miss Moore mad retained the copyright and the
photograph had been copied and used without her
consent she could have brought suit against the
magazine and have recovered damages for every
copy sold.
THE PHOTOGRAPHERS ASSOCIATION
The photographers of the United Kingdom
formed powerful association several years ago
for mutual protection. 1t io known as the Pho
tographic Copyright Union. and row includes in
its mem bership nearly all the prominent pho
tographers Of Great Britain. The essential prin-
ciple Of the Union is protection Of copyright In
photographs Every member is under obliga-
ton to charge a minimum fee of half a guinea
for the reproduction OF photograph. whether
registered not. The maximum fee is left to
the discretion Of the members but for each diff
ferent form Of publication the half-guinea at
least must be charged. The Union registers the
work Of members at statoners' Hall. and when
ever a complaint of piracy is made its solicitor
takes up the case and carries it into the courts
The society assists members IN assigning copy
rights. and promotes their property interests in
many ways.
This Photographic Union has systematized the
reproduction Of pictures and converted 1t into a
source OF profit for those who register photo
graphs OF famous people. natural scenery, public
buildings and churches and objects Of art a
few test cases have been tried in the courts and
the property rights Of the members in their work
have been established. All that required
was common agreement upon a minimum fee,
and that has been arranged and is now the ac-
cepted practice of the profession. For shilling
a photograph is copyrighted. and when that Is
done fee. ranging between half guinea and
several guineas, is received for the privilege Of
reproduction. If the photograph be used with
out payment Of fee the solicitor Of the Union
takes I'D the case and obtains damages by legal
action. The publishers Of books, magazines and
periodicals no longer attempt TO evade the law,
since experience has taught them that they can
not afford to do H. Whenever they print pict-
ures from photographs they pay the fees re-
ouired rather than take the risks OF action un-
der the Copyright act. The photographers were
once amiable enough to allow their work to be
used for the sake Of advertising their business.
They are now shrewd enough to insist upon
having fee for every distinct form Of reproduc-
ton.
The French. German and other Continental
photographers have formed similar unions and
are protecting themselves against unauthorized
renrints and acts of piracy. Under the Berne
Convention their copyrights in photographs are
as secure as the copyrights Of books, A French
or German photograph cannot be reproduced
in England without compensation for the privi-
lege International copyright under the Berne
agreement includes photographs, engrav!ngs and
every form Of art Property rights are recog-
nized and amply protected by international ac-
ton.
Inasmuch as the United States Government
has not accepted the Berne agreement, copy
rights in photographs cannot be estaDllsned Oh
III, same international principle. An English OF
a French photograph can be reproduced IN
America without payment of fee, because the
copyright cannot be estahllshed WITHOUT sl'.u ~
taneous publication and manufacture, as In the