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Phabmacy

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

See Druggist.

See Druggist.

PHOTOGrRAPHER.

Any person who makes for sale photographs, ambrotypes, daguerreotypes, or pictures, by the action of light.4 An artist who takes impressions or likenesses of things and persons on prepared plates or surfaces.* His implements are not "mechanic's tools," exempted from execution.* See Mechanic. Congress may confer upon the author, inventor, designer, or proprietor of a photograph, the rights con- ' Webster's Diet. = [Bailey v. Kalamazoo Publishing Co., 40 Mich. 256 (1879), Campbell, C. J. ' See Strong, Relations of Civil Law to Church Polity, &c, 126-32 (1876); Washb. Easem. 515; Craig v. First Presby. Church, 88 Pa. 51 (1878); Jones v. Towne, 58 N. H. 464 (1878), cases; Livingston v. Rector of Trinity Church, 45 N. J. L. 232-37 (1883), cases. ferred by Hev. St., § 4052, so far as the photograph is a representation ot original intellectual conceptions. The object of the requirement in the act ot June 18, 1874 (18 St. L. 78), that notice of a copyright in a photograph shall be given by inscribing upon some visible portion of it the word " copyright," the date, and the name of the proprietor, is to give notice of the copy- 1 right to the public. Whether a photograph is a mere mechanical reproduction or an original work of art is a question to be determined by proof of the facts of originality, of intellectual production, and of thought and conception on the part of the author. * See Print. Having control, as business manager, of sheets of a photograph, is not such possession as will render the person liable to the penalty imposed by Rev. St., § 4965, which provides that when one without permission sells a copyrighted photograph, he shall forfeit one dollar for every sheet found in his possession.' Photographs have been admitted as evidence — (1) from necessity, as, to present accurate copies of public records which cannot be withdrawn from the ffles; ' (2) to identify individuals,* and to furnish ocular evidence of injuries;^ (3) to identify and describe premises in dispute;' (4) upon questions of disputed handvrriting, in addition to the wi'iting itself: in which cases enlarged photographs point out and emphasize peculiarities.'

See Satisfactory.