ct the engraver, by prohibiting the
copying "in whole or in part" (a clause not contained in the previous
acts), by varying, adding to, or diminishing from, the main design of an
engraving without the express consent of the proprietor or proprietors.
These three acts remain in force to the present day. In 1852, in an
international copyright act, it was declared that the Engraving
Copyright Acts collectively were intended to include prints taken by
lithography or any other mechanical process.
Sculpture.
20. In May 1814 the Sculpture Copyright Act was passed to give
protection to sculptors. The term of copyright for sculptors was a
peculiar one. It was to last for fourteen years, with the proviso that,
should the author be still alive, he should enjoy a further period of
fourteen years, the copyright returning to him for the second fourteen
should he have disposed of it for the first period. It is a condition of
copyright with the sculptor that the author must put his name with the
date upon every work before putting it forth or publishing it. A curious
and interesting point in the interpretation of this act is, that
according to the opinion of eminent jurists it is necessary to an
infringement of the copyright of a piece of sculpture that the copy of
it must take the form of another piece of sculpture; that a photograph,
drawing, or engraving of a piece of sculpture is not to be considered a
reproduction of it, and is therefore not an infringement of the
sculptor's copyright.
Painting.
21. Strange as it may seem, painting was the last branch of the arts to
receive copyright protection. The cause of the painters was taken up by
the Society of Arts, who endeavoured, in the first instance, to pass an
amendment and consolidation bill dealing with engraving, sculpture and
painting; but, failing in their first effort, they limited their second
to an attempt to pass a bill in favour of painting, drawing and
photography. It was in the year 1862 that this act, having passed
through parliament, came into force. The absence of any antecedent
protection for the painter is clearly stated in its preamble, which
reads as follows: "Whereas by law as now established, the authors of
paintings, drawings, and photographs have no copyright in such their
works, and it is expectant that the law should in that respect be
amended. Be it, therefore, enacted," &c. This preamble makes it clear
that there is no copyright in any pain
|