COPYRIGHT.
[Sidenote: Copyright.]
The hazy notions existing among many photographers as to how to secure the
copyright of their photographs, and other details, has led us to make a
few remarks on the subject. In the first place the student is cautioned to
secure the copyright of every photograph worth keeping, for we presume he
will only keep pictures. This should be done at once; it is our practice
to send the first rough print at once to the copyright office.
[Sidenote: Method of copyright.]
The photographer must write to the Registrar, Stationers' Hall, Doctors'
Commons, E.C., for forms for copyrighting photographs. These cost one
penny each, and a money order must be enclosed for the amount, stamps not
being accepted. He will then receive the form as given on the next page.
[Sidenote: On agreements.]
The student must carefully note the footnote on the schedule, and be most
particular in all cases when he sells his copyright in any plates to have
a written agreement drawn up and signed _before_ he fills in the copyright
schedules. After this proceeding he can fill up the schedule as directed,
and it is, of course, only on these occasions that he will be required to
fill in columns two and three of the schedule.
The student should carefully study the matter of copyrighting, for he will
find both publishers and photographers are, as a rule, ill-informed on
those parts of the copyright law to which we now refer.
(COPY OF)
_Memorandum for Registration under Copyright (Works of Art) Act._
TO THE REGISTERING OFFICER APPOINTED BY THE STATIONERS' COMPANY.
I, _John Silver_, of _0, Regent’s Street, London_, do hereby certify, That
I am entitled to the Copyright in the undermentioned Work; and _I_ hereby
require a Memorandum of such Copyright [_or_, the Assignment of such
Copyright] to be entered in the Register of Proprietors of Copyright in
Paintings, Drawings, and Photographs, kept at Stationers' Hall, according
to the particulars underwritten.
(_Every particular given must be clearly written._)
──────────────────┬────────────┬────────────┬──────────────┬──────────────
Description of │ Date of │ Names of │Name and Place│Name and Place
Work. │Agreement or│ Parties to │ of Abode of │ of Abode of
│Assignment. │Agreement or│Proprietor of │ Author of
│ │Assignment. │ Copyright. │ Work.
──────────────────┼────────────┼────────────┼──────────────┼──────────────
_Photograph_ │ │ │_John Silver,_│_John Silver,_
_entitled_ │ │ │ _0, Regent_ │ _0, Regent_
_“Spring.”_ │ │ │ _Street,_ │ _Street,_
│ │ │ _London._ │ _London._
──────────────────┴────────────┴────────────┼──────────────┴──────────────
Dated this _28th_ day of _June_, 1888. │ (Signed) _John Silver_.
N.B.—_Office Hours from Ten to Four; Saturdays, Ten to Two._
N.B.—In all cases where a Painting, Drawing, or Negative of a Photograph
is transferred for the first time by the owner to any other person,
the Copyright will cease to exist, unless _at or before the time of
such transfer_ an Agreement in writing be signed by the transferee
reserving the Copyright to the owner, or by the owner transferring
the Copyright to the transferee, as may be the intention of the
parties; and the date of such Agreement and names of parties must be
inserted above, or registration will be no protection.
He fills in then all but columns 2 and 3, as in the dummy, and returns the
form with a shilling, a copy of the photograph to be registered, and one
penny for postage, when he will receive a receipt. Each photograph must be
separately copyrighted. This 1_s._ 1_d._ protects the photograph for 42
years, or for the author’s lifetime and seven years after death. The
author (being a British subject, or resident within the dominions of the
Crown) is entitled to the copyright of every photograph made in the
British dominions or elsewhere. We shall extract a few pertinent remarks
from an excellent article on copyright, which appeared in the “Year’s Art
of 1887:”—
The “author” of a photograph seems to be the person who actually groups
the sitters, and “is the effective cause of the picture.” An agreement is
made with operators to obviate this reading of the law. “A photograph
taken from an engraving is ‘an original photograph’ within the section.”
Thus a photographer cannot copy the photograph of an engraving in which
there exists copyright.
[Sidenote: The nature of the right.]
The copyright given by the act is “the sole and exclusive right of
copying, engraving, reproducing, and multiplying the photograph and the
negative thereof, by any means or of any size. The fact that there is
copyright in a representation of a scene or object does not prevent other
people making an independent representation of such scene or object, but a
photograph of groups so arranged as to exactly resemble a picture would be
an infringement of the copyright of the picture, for if in the result that
which is copied be an imitation of the picture, then it is immaterial
whether it be arrived at directly or by intermediate steps.” Photographers
should pay great heed to this clause. For if a photograph or photogravure
be so arranged or grouped as to resemble another already copyrighted, the
law has been infringed. This is a most wholesome fact, for the veriest
fool can go and arrange a picture after an artist has once shown him how
to do it, for as in all art the originality is to select a beautiful scene
in nature, there lies the difficulty.
[Sidenote: Registration.]
The photograph is not protected until it has been registered, and if the
picture is pirated _before_ registration there is no remedy except in
special cases.
Photographers should then register the first print they take from their
negatives. Making lantern-slides from copyrighted photographs or
photo-etchings is of course an infringement of the law, and should be
severely dealt with.
[Sidenote: Replicas.]
“If a picture or photograph is painted or taken on commission as the
copyright (unless reserved) is in the hands of the purchaser, the painter
or photographer may not paint or produce a replica.”
[Sidenote: Remedies for infringement.]
Penalties. “For each offence the offender forfeits to the proprietor of
the copyright, for the time being, a sum not exceeding 10_l._ When several
copies are sold together, the sale of each copy constitutes a separate
offence.” It will be seen that a photographer could be ruined if a sale of
say 1000 copies could be proved, and serve him right too.
[Sidenote: Forfeiture.]
All pirated repetitions, copies and imitations, and all negatives of
photographs made for the purpose of obtaining such copies, are to be
forfeited to the proprietor of the copyright.
[Sidenote: Damages.]
“The proprietor may also bring an action for damages against persons
making or importing for sale unlawful copies, although the importation is
without guilty knowledge.”
[Sidenote: Spurious pictures.]
Issuing spurious pictures.—If a photograph be falsely signed, it is an
infringement, as it is to make any alteration in the work and then publish
it as original.
It is commonly believed that, unless the word copyright be on the
photograph, it is not secured. This is an error—as long as the photograph
is copyrighted that is all that is required.
[Sidenote: Pecuniary penalties.]
“Pecuniary penalties can be recovered by bringing an action against the
offending party, or by summary proceedings before any two justices having
jurisdiction where the offender resides.”
[Sidenote: Final advice.]
In ending this subject, we would impress upon the photographer that it is
his solemn duty to exact the utmost rigour of the law, should he ever have
his work pirated.