My researches recently touched on a couple of 18th century legal cases concerning pirated engravings that encouraged me to read a little bit about the history of copyright (in England)! It is extraordinarily complicated, and in some cases quite bizarre! My understanding of it is somewhat superficial, and somewhat hazy, but here goes:
Pirating of engravings was certainly rampant in the 18th century.
Before 1735, there was no copyright protection at all for works of art – as opposed to works of literature, which had only recently been protected. The 1735 engravers’ act (prompted by William Hogarth) introduced 14 years protection for engravings from an original design. There was, however, no protection for the original paintings. Thus someone could copy a painting to produce a print, but could not copy an engraving.
Despite the lack of protection, painters could successfully make a lot of money by selling engraving rights. Obviously one way of doing this was by physically controlling access to the painting, but some painters still successfully sold engraving rights even when paintings were publicly exhibited.
Hogarth’s death prompted a second engravers’ act in 1766 which extended the term and also allowed 28 years protection to pass to widows etc. This act also covered engravings of both original designs and existing paintings. As the protection covered the design, it could be argued that this in effect allowed the design of a painting to be protected if an engraving was published before the painting (i.e. before a painting was publicly exhibited).
I don’t think proper protection existed for original paintings until 1862.
Of course practice didn’t necessarily follow the law. Hence some artists made money selling engraving rights despite the lack of protection, while some publishers also made money pirating engravings either in contravention of the law or escaping by legal technicalities (for example an engraving was not protected unless the publisher’s name and first date of publication was printed on it).
So I think the answer to most of your original questions is ‘yes’, Mark!
I think the fact that artists were successful in selling reproduction rights meant there was no great demand for full legal protection, and hence the reason it took so long to arrive.
N.B. I wouldn’t guarantee that all of the above is correct, and certainly much of it was open to legal argument.
_________________ Tony
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