PROGRESS OF COPYRIGHT LAW. 345 



law except that they clearly show musical compositions to be fully 

 entitled to the protection. An odd case occurred in Pennsylvania, 

 which was thus narrated in the " New York Times " : " A publisher 

 copyrighted and brought out an 'arrangement,' made by an American 

 musician, of a popular French waltz, christening it ' Manola Waltz.' 

 A competitor republished it with scarcely any changes, and when the 

 first publisher complained, ' Your waltz is only a copy of mine,' he 

 answered, 'Yours is only a copy of the Frenchman's.' The judge 

 said that a man need not be an original author the sole creator of 

 the work ; the first publisher could fairly get a copyright for his ar- 

 rangement' ; and the second one had no right to reprint that arrange- 

 ment, though he might have made a new and different one." 



Pictures have given rise to several decisions. Some manufacturers 

 of earthenware for the Cuban market ornamented their ware with a 

 portrait of the Captain-General of Cuba, surrounded by a wreath ; 

 this portrait was copied from a photograph of the general. Also the 

 father of an attractive young lady had her portrait painted in " charac- 

 ter," representing her as a young girl walking on the sea-shore, shoe- 

 less and stockingless, and carrying a spade and basket ; this picture 

 he copyrighted and had it engraved for publication as " Going to 

 Work." Lawsuits were brought to protect these two copyrights. 

 The decisions apparently take the view that a picture of a living per- 

 son is not a proper subject-matter of copyright ; that the law will not 

 protect a " design," the chief element of which is a portrait, while the 

 additions or accessories are but trivial. In a lawsuit over a book 

 " with illustrations by John Leech," it appeared that the designs were 

 drawn by Leech himself, upon the blocks ; and he retained the copy- 

 right ; the publishers, apparently, however, furnished the wood ; and, 

 when a controversy arose, they made the law point that, though the 

 designs possibly belonged to. Leech, the blocks belonged to them (the 

 publishers), and they meant to keep them. The court said that, con- 

 sidering the way in which the parties had dealt, also that the wood 

 was worth next to nothing in comparison with the designs, it was 

 fitting that the publishers should surrender the cuts. In America, a 

 publisher who was sued for violating the copyright of a picture, proved 

 that, in preparing the chromo which he sold, he had not copied from 

 the picture copyrighted in this country, but had followed an English 

 original ; and the court pronounced this a good defense. Copyright- 

 ing a picture forbids another person from copying it, but does not for- 

 bid copying a picture like it from foreign publications, or designing 

 one anew. 



More interesting than either of these is a decision involving the 

 famous picture originally painted by Millais, about thirty years ago, 

 known as " The Huguenot." From this painting an engraving was 

 taken, which was duly copyrighted, and has had a wide sale. More 

 lately the publishers of the London magazine " Bow-Bells," in a Christ- 



