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June Shin

The Engravers' Copyright Act is often referred to as the Hogarth's Act for William Hogarth's active involvement in its campaign. With the Progress of a Rake, he had first devised the subscription system to "...prevent the Publick being imposed upon by base Copies, before he can reap the reasonable Advantage of his own Performance..." However, the print sellers' exploitation of Hogarth's works continued, and their selling their copies at low prices damaged his sale of the originals, which, along with the low quality of these copies, led him to become the promoter of the enactment of Hogarth's Act. It was fundamentally an extension of the regulations of the Literary Act of 1709 to prints. It granted the copyright period of 14 years at first (Later, it was increased to 28 years at Hogarth's widow's appeal). I think that the petition to the Parliament was especially powerful because he brought up the matter of the overall quality of England's art as a whole. It argued that protecting the rights of the artists would lead them to produce more innovative works of higher quality and benefit not only them but also the buyers as well as print sellers. Hogarth deliberately postponed the publication of his long-awaited Rake's Progress print series to benefit from the Act, which took some time to be in effect. Once in effect, the Act reduced the number of instances of piracy, although it did not eliminate it. Hogarth had available smaller copies at a cheaper price for those who could not afford the original and allowed copies of his prints but only once authorized by him.

What I found interesting is Hogarth's definition of property being inclusive of the artist's control of the meaning of his work. He feared that the print sellers' evil doings were making it impossible for him to control the context, and thus the meaning, of his art. This notion seems to have faded over time. The works of modern and contemporary artists are deliberately ambiguous in meaning (even form). Controlling the meaning of their work does not concern these artists, as many celebrate ambiguity and flexibility of meaning as their works' essence. Thus, today's and the 18th century's definitions of property seem to be different.

Hogarth also brought about a discussion about fake and forgeries, as he denounced the forgers as well as the forgeries they produced as inferior to his own authentic work. The problem of authenticity in art is still present today. Modern and contemporary artists often appropriate objects or even other artists' works into theirs as their own. A notable example is Andy Warhol, who took the image of Campbell's soup can to use in his art. Most people would agree, however, that Warhol's works are his. But how much appropriation is too much appropriation? Consider Sherrie Levine, who is known for her reproductions of other artists' works of art. In one of her shows, she re-photographed Walker Evans' Depression Era photographs, re-named them, and claimed them as her own. Although Levine's intention in appropriating other people's works is one deeper than that of the forgers of Hogarth's works, both raise the question of artistic originality, authenticity and authorship. Thankfully for many artists and appalling for others, art copyright laws exist today to protect artists' copyright. It seems that what Hogarth's Act stipulated back in the 18th century persisted over time, as today's copyright law, just like Hogarth's Act, grants the artist ownership of his works and the exclusive right to their reproduction for certain amount of time.


Sherrie Levine, Untitled (After Walker Evans), 1980.


Walker Evans, Alabama Cotton Tenant Farmer Wife, 1936.

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McKenzie Sullivan

The artist William Hogarth (1697-1764), was at the heart of London's eighteenth-century public life, and had intense opinions about it, which were expressed not only in his images but also in his legal lobbying.

According to the account on the experiences Hogarth's life, he very commercial in his approach to the sale of his prints, advertising them in the London papers and always looking for ways to maximize his returns. An essential part of securing these returns was the introduction of a copyright bill, which Hogarth devised in association with other young artists in 1735. At the time, piracy was rampant. Mass reproduction of an artist's original etchings, engravings and prints were cheap and profitable. Print sellers dominated the art market, as there were few other outlets for artists to sell their work. Print sellers began to mass-produce reproductions of the original work. Hogarth experienced personal loss from these factors, which led him to become one of the most vocal proponents for the inauguration of copyright laws for artworks.

In Hogarth's early work he was keen to idealize the social variety and exuberance that he saw as the best signs of British liberty; and he fought hard against the establishment of the Royal Academy of Art which would represent a state take-over of the existing public academies run by the artists themselves. Though he eventually secured a court position and painted official pictures of royal events, Hogarth remained always confident in the expression of his middle-class self. This is evident in his painting of Captain Thomas Coram (1740) who was a self-made sailor, entrepreneur and philanthropist who Hogarth depicted endearingly uncomfortable in the aristocratic settings of the painting thus poking fun at the upper class.

Hogarth was also passionately concerned with improvement of the poor. His works brought public attention to the plight of the poor in London. Two of Hogarth's most famous works, "Beer Street" and "Gin Lane", depict the satire of London life seen in Beer Street (wealthy young men drunken and pawing prostitutes), which is made to seem positively healthy and desirable in the light of the scourge of gin. These were years of turmoil in London, with large-scale immigration, mass poverty, high rates of violent crime, and, like many others of his day, Hogarth wondered how this underclass could become domesticated and made to serve the righteous interests of the nation.

The legal basis to Hogarth's success was the Copyright Act of 1735. Hogarth's mission was to defend the rights and property of British artists. He had decided to petition Parliament for an Act that would give designers and engravers the same statutory copyright that authors had won in 1709. Hogarth proposed a Bill that would give them an exclusive right to their work for fourteen years from the time of publication. This would not only mean that they retained the financial rewards now scammed by the print sellers, but it would also establish a different meaning of ownership of works of art; the engraver could legally 'own' the property produced by his labor. This meant that fine prints could retain their integrity and no longer be cheapened by poor copies.

Hogarth put forward his argument in an open letter to a Member of Parliament. He blamed print sellers, who capitalized on the labor of the poor engravers, working day and night at miserable prices. Hogarth was not thinking merely of himself but of the problems facing all engravers; the poorer workers who had no shop or studio to show their prints and had to be reliant on the unjust print sellers.

Hogarth's open letter made a case for the importance of copyright as a general good, not just an individual benefit. He argued that good-quality prints would raise the artists' reputations, and higher standards of reproduction. Hogarth also argued that copyright would improve the status of British art in general as more people would enter the engraving trade knowing they could profit from their art. This would create a large surge of artwork flooding into the market, providing a greater amount of work for the public to purchase and choose from. A booming art market would even benefit print sellers.

Although 'Hogarth's Act' did prove to have certain weaknesses, he not only stopped piracies but also improved British engraving. The final variation of the Act extended a copyright to fourteen years and charged a fine for every copied product that was discovered. The act had lasting repercussions throughout the art market and helped legitimize art as a product that was of economic value and was the private property of its creator.

 Links to Hogarth's Work:

"Captain Thomas Coram" (1740) <http://join2day.com/abc/H/hogarth/hogarth47.JPGImage Added>

"Beer Street" and "Gin Lane" (both 1751) <http://www.michaelfinney.co.uk/uploads/images/catalogue/1415_BeerStreet%26GinLane000001_1000.jpgImage Added>

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Elena Cestero

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Kelly Zona

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