The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-15
C0PYRIGHT OF PHoTOGRAPHs.
Proposed Amendment to the Law Which
Will Permit Extensive MuIcting.

Proposed Amendment to the Law Which
VIII Permit Extensive Mulcting.
An amend ment has been proposed to the
copyright law In the interest of the photog-
raphers that will enable them to prosecute al
legged infringements Of their copyright at any
time after the infringement. 1t wipes out
any time limit for the beginning of the prose-
cution. 1t also gives to the photographer the
full amount Of the penalty for the violation of
the law instead of dividing the amount with
the United States Government. as the law at
present provides.
The present law has been used by I'M
scrupulous person in the Photographic bust
ness for the purpose OF blackmail. and black
mailers have. been very successful operating
under It. The amendments proposed will en-
able them to be still more successful and will
give to them all the profits. The amendments
are particularly opposed 10y the Lithographers'
Association. One OF the leading men in that
association writes to The Sun of the proposed
amendments:
In SO far as the photographic interest ia con-
cerned they would be disastrous. but in my
opinion they are equally SO to the newspaper
interest, and | unde rstand that the League OF
American Photographers. which is pressing
the amendments. has its eye particularly on
the newspapers.
THE main objection to this amendment Is
that 1t substantially abolishes the Statute of
Limitations and practically makes a penalty of
right. For Illustration A photographer photo
midstream and has his photograph duly copy
riRhted. For SO a newspaper man can have
but the renoTter SrriXes the I raibl hiIbp.PS q aRntGi;
graph or the publisher finds one in a shop
tTTdha,ch T X not mark marked Il with the c2pyriGht no;
the copyrighted photographs. from which the
notice OF COPYRIGHT has been removed because
nj lnIna TAInnnn ar tnIAAI % R,u- la--l -
an uncopyrighted photograph taken by some
photographer other than the one who took the
G.opyrighted photograph. The newspaper pub
The i~ncensed, photographic copyright
then sues the newspaper publisher. who hns
issued perhaps n qua rter Of a million copies
OF bis newspaper. The action comes 10 trial.
ana the photographer Bwears that the news
paper publication Is a cory Of his Copyrighted
picture or photograph. Perhaps it is. perhaps
has lost all trace OF the photograph from which
the newspaper cut was made. and Is practl-
surmises. Such a state OF things is reasonably
probable and numeIous other Illustrations
would be worked and where the act could bs
used az a 6ludgeon 70 extort money.
70 he ,o MINUS us Oh pbs she amendmsnt Is PERHAPS
which the United States loses lts.moiety OF the
ienaity ana me entire pe,p,alty goes to the en-
person who publishes a eoPyris iass pic pfctu uPs
- '"' y hliS0lcn U II ONnBT
shall further forfeit one dollar for every sheet
OF the same found in his possession, either
printing. printed. copied, published, Imported,
or exposed for sale"
The law, as IL Is proposed amending II.
would read shall further forfeit one dollar
Tor every copy Of the same by him either print
ihHg, printed :copLed, published; imnorrod or by
This would enable an INSCRIPTIONS man
who owned \ copyright which had been in
TrinEed upon, say to the extent OF 800 c0nias
70 induce or have others induce the lnfringer,
VINO might be an Innocent infringer. so far as
Intent Ia concerned. to priAt 10000 more of
the pictures or PAPERS containing the pictures.
These could be bought up and thu infrinoer
would be mulcted to the tune OF SioU11
some nnscrqPulGus ph2toRraphers have made
In such fine type and in such out OF he wnS
places that 1t is impossible to find II without a
81 persons photographers generally have cory.
rlGhted the pictures without the consent OF
the persons photog raphed and those peraons |
have given a,copy. OF the picture 10 publishers
e. be printed with, the full consent 10 print |
The photographer has then sued the pubiishsr
who printed the photograph.