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.

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.

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 tho Copyright in the undermentioned Work; and 1 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 he clearly written.)

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 Is. Id. 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.

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.

Registra-Tion

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.

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."

Remedies For Infringement

Penalties. "For each offence the offender forfeits to the proprietor of the copyright, for the time being, a sum not exceeding 10l. 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.

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.

Damages

"The proprietor may also bring an action tor damages against persons making or importing for sale unlawful copies, although the importation is without guilty knowledge."

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.

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,"

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.