New-York tribune., 1903-08-08
ARTISTS RIGHTS TEST.
Court to Decide if W. De L. Dodge's
Paintings Can Be altered.
WHY SOME CHANGES ARE DESIRED

The application by William De Leftw-tch Dodge
Tor an injunction to restrain the Allied Arts Com
pany the IifaEy Studios and the Schmitt Brothers
from altering several mural paintings which he
Gently completed for the King Edward Hotel OF
Toronto. Canada, involves primarily the question
whether the purchaser Of artists work has the
right TO alter that work against the artists Will
and at variance with the preliminary drawings
which had been accepted and carefully followed.
Mr. Dodges application for an injunction. pending
trial of action. which to have been argued yes
terday before Justice Freedman of the Supreme
Court was postponed until Tuesday by consent of
counsel.
The paintings by Mr Dodge are series repre-
senting historical scenes in Canada They depict
the arrival OF the Baron de Courseue and the Mar
quis &C Tracy with French wives for the early set
tiers. the discovery Of Canada by Cabot, and Gen
eraI Wolfe recting "Gray's Elegy" to his men be-
fore the battle Of Quebec. Mr. Dodge says that the
preliminary studies in color which he presented
were fully approved by z. Lenox, the architect
of the hotel and that the work met with his ap-
proval as it went along, is shown by the fact
that he authorized the payment OF considerable
sums during the progress of the work but that for
some reason after the paintings in place,
Mr. Lenox found fault with them and refused TO
pay the Tiffany STUDIOS. with whom he had con-
tracted for the work. unless certain changes were
made Mr.. Dodge thinks the fault is chiefly that
the paintings are hung in weak light, which
makes them appear dark Nj LenoX's demand IS
chiefly. that they shall be made more bright and
sparkling" aud 10 that end he chiefly wants more
sky.
One OF the pictures with which Mr.. Lenox finds
fault, says Mr.. Dodge, represents group OF
Indians clustered around a mass Of allegorical
trophies which form dark background, throwing
the Indians into strong relief before It Mr.. Lenox
wants the mass OF trophies painted out with blue
sky, which Mr.. Dodge says would spoil the whole
effect OF the picture Another change is in the
picture of Wolfe recating the "Elegy. This is also
too dark for the architect, and he wants il made
into a daylight scene, in direct defiance Of his
torical accuracy. Other changes which are wanted
would destroy the whole artistic effect OF the pct-
ures. according the artist
said Mr.. Dodge his studio yesterday. I've tried
everything I can think Of that can 40 WlthouI
try TO tighten the paintings II they Woulo pay my
expenses. but that dldn suit them, lOr tnere are
deal of money by this-au the expenses of the
trial and the 5000 which is stiN que Lner-put
did the work tor less than might nave ASKED pc
cause I wanted TO have some good work IN Inc
colony. and ! think they are. on the Wn0le, ule
best thing l have done IN thls country. Lhey o.
fered take my name off the pictures, but that
would be robbing me Of the work nave cone
either There is nobody but Lenox who has had
any fault to ind with them II they were h9l
right would be only too glad 10 chahSe theAH As
At the Tiffany studios it was said that they knew
very little about the injunction and did not care 10
The basis upon which Mr.. Dodge has brought
ton is, according to his attorneys, Pryor & Har-
ris OF No. IS WiIam-st., that artist has the
unqualified right to restrain any one from tam
pering with the products Of his brush. Mr.. Harris
said Yesterday: 1T is great wrong to any artist
to change his work after he has finished 1t, espe-
ciay after the preliminary sketches have been ac-
right 70 change add to the work Of writer, and
it is doing great injury to an artist to change
artist. A man sigle his work as his own. not as
q tinkered and changed thing