A PHOTOGRAPHIC CASE.

Temuka Leader, Issue 1889, 9 May 1889, Page 4

A PHOTOGRAPHIC CASE.

Judgment was given recently in the Chancery Division by Mr Justice North in a photographic case of general interest. A Mrs Pollard had her photograph taken in various positions by Jacques Max, who carried on business as the Photographic Company at Rochester, No evidence being given as to what passed, it was presumed the transaction was one of the ordinary kind. Some time afterwards the photographer was exhibiting for sale copies of the photograph of the lady got up as a Christmas card. Mr Justice North said the real question was whether a photographer employed by a customer to take a photograph was justified in striking off copies for his own use, and disposing of them without the authority of the customer. His answer was that a photographer was not justified in so doing. He held that the bargain between the customer and the photographer included by implication an agreement that portraits taken from the negative should be appropriated to the customer only. According to the decided cases, he held that the copyright of the photograph was vested in the plaintiff. He,therefore, granted an injunction in the terms asked, and, as it had been arranged to treat the motion as the trial of the action, he granted a perpetual injunction, and ordered the defendant to pay the costs of the action.