[rollei_list] rollei_list] Copyright, intellectual property and invention of photography

  • From: Emmanuel Bigler <Emmanuel.Bigler@xxxxxxxx>
  • To: rollei_list@xxxxxxxxxxxxx
  • Date: Thu, 03 Dec 2009 09:13:29 +0100

From Marvin:
Good point Doug, since the negative was first used in England I hold that it was an English invention, as to who owns the negative I’m unsure though I think in France it belonged to the owner of that which was photographed. Marvin.

Hello all !

About the invention of photography and intellectual property.

The first permanent recording of a photographic image is credited to Nicéphore Niépce (the spelling with the é in Niépce is strange even in France we would simply write Niepce). However, Niépce did not disclose anything and it is known that before he produced in 1826 (the actual date is unknown) a landscape shot "view at le Gras" on a bitumen plate (8 hours of exposure in day light ; the image is now at the University of Texas), he was successful producing contact prints of old engravings in 1825.

One of those early bitumen contact prints belonged to private collectors, Marie-Thérèse & André Jammes, and was sold at an auction by Sotheby's in Paris in March 2002 ; the image can be seen here:
http://www.photographie.com/magazine/publication/101579/520/DSCN1904.jpg
http://upload.wikimedia.org/wikipedia/commons/thumb/e/eb/Nic%C3%A9phore_Ni%C3%A9pce_Oldest_Photograph_1825.jpg/200px-Nic%C3%A9phore_Ni%C3%A9pce_Oldest_Photograph_1825.jpg
in this article
http://en.wikipedia.org/wiki/History_of_photography

I do not think that Niépce ever issued a patent, he relied only on secret know-how. Keeping secret know-how brings us back to corporations of craftsmen in the middel-ages, but actually in the modern industry, many manufacturing processes are not patented and kept secret.

Daguerre started to "co-operate" with Niépce in 1926. Actually Daguerre tried to get as many technical informations he could from Niépce but Niépce was very reluctant. Eventually after Niépce's death in 1833 Daguerre accepted to disclose the daguerréotype process, completely different from the bitumen process, to the French Academy of Sciences in 1839. The negociations with the French State involved a life time pension for Daguerre in exchange with the public disclosure of the daguerréotype process with no patent and no royalties on the process itself. It is fascinating to see how fast the daguerréotype process spread to the world after 1839. The neg/pos process is credited to Fox Talbot in 1840 ; according to the French wiki page, Fox Talbot was convinced to be the true inventor of photopgraphy. He actually took a patent on his calotype process.
see here for details http://en.wikipedia.org/wiki/William_Fox_Talbot

--

Emmanuel


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