Page:The copyright act, 1911, annotated.djvu/66

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��Copyright Act, 1911.

��Works exe- cuted on commission.

Meaning of " portrait."

��Drawings commissioned for illus- trating book not within the section.

��Conditions precedent to vesting of copyright in commissioned work.

��The vesting of copyright in the case of \vorks executed on commission is limited to certain classes of artistic work, viz.: (1) all artistic work if the subject-matter is a portrait; (2; all engravings and photographs whatever the subject-matter.

It may sometimes be a little difhcult to deline what is and what is not a portrait. It is submitted that it in- cludes the representation of a group of persons as well as the representation of an individual. It is submitted that it also includes works of sculpture as well as paint- ings and other representations in the flat.

So long as the main object of the artist is to portray the characteristic individuality of any person or group of persons, the result is a portrait, even although it be merely a pen and ink sketch of some topical event, such as a group of distinguished visitors at a race meeting, or a group of the leading characters in some came celebre at the Law Courts. The main object of the sketch, however, must be portraiture, and the rest of the sketch must be inci- dental thereto. Where the main object of a sketch is the representation of some topical scene, such as the race for the Derby stakes, or the " Battle of Stepney," the in- troduction into the sketch, as an incidental element, of some well-known individual present on the occasion will not make the sketch a portrait.

It is a little unfortunate that all drawings were not included in the category of works, the copyright in which passes by operation of law to the person commissioning the work. Drawings are so frequently commissioned as illustrations for letterpress of all kinds, that it would be much more convenient if the necessity for a written assignment in each case could bo dispensed with. As tho section stands, it will be necessary to have such an a„ssign- ment in the case of all drawings commissioned for illus- tration, except where the subject-matter of the drawing is a portrait.

It will be observed that the following elements are necessary before the copyright passes in the case of a work executed on commission: —

(1) Order to execute.

(2) Giving or promising some valuable consideration.

(3) Execution in pursuance of the order.

(4) Absence of agreement to the contrary.

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