Talbot v. Laroche
Encyclopedia
Talbot v. Laroche was a 1854 legal action, pivotal to the history of photography
, by which William Fox Talbot
sought to assert that Martin Laroche
's use of the, unpatented, collodion process
infringed his calotype
patent
.
were hampering the development of photography
in England
and had called upon him to relinquish his patent. He had made a concession by allowing a free license to amateur photographers but he still insisted that professionals pay an annual license fee. The situation was exacerbated by Fox Talbot's insistence that Frederick Scott Archer
's collodion process was covered by his patent. The collodion process was widely used and there was grievous disquiet among the professional photographic community at the payment of a license to Fox Talbot, rather than Archer, for its use.
In 1854, Fox Talbot applied to the Privy Council for an extension of his patent and Laroche was instrumental in fomenting opposition. Laroche was a professional photographer who has been claimed as a collaborator of Archer. He orchestrated the Photographic Society's public opposition to an extension and entered his own formal objection with the Privy Council. As a deliberate cassus belli, he advertised his photographic services in The Times
, stating that he used "the new process on paper", the collodion process. Laroche's solicitor
was Peter Fry, an amateur photographer who had been active against the original patent.
Fox Talbot had won actions against other photographers and sued Laroche for £5,000 damages
(£350,000 at 2003 prices) for infringement of his patent.
... by washing them with liquid" and argued that Laroche's use of pyrogallic acid rather than his own mixture of silver nitrate
, acetic acid
, and gallic acid
was immaterial.
Laroch argued:
before Chief Justice of the Common Pleas
Sir John Jervis
.
Fox Talbot's leading counsel was Sir Frederick Thesiger
, later to become Attorney-General
, assisted by William Robert Grove
, a barrister
and distinguished scientist
who was to go on to become a judge. The first witness
was Fox Talbot and Grove performed the examination-in-chief. There were then ten witnesses for Fox Talbot:
Laroche did not give evidence but the witnesses called by his counsel included:
Thesinger gave the closing speech for Fox Talbot and Jervis gave a length summing up for the jury
.
History of photography
The first permanent photograph was an image produced in 1826 by the French inventor Joseph Nicéphore Niépce.- Etymology :The word photography derives from the Greek words phōs light, and gráphein, to write...
, by which William Fox Talbot
William Fox Talbot
William Henry Fox Talbot was a British inventor and a pioneer of photography. He was the inventor of calotype process, the precursor to most photographic processes of the 19th and 20th centuries. He was also a noted photographer who made major contributions to the development of photography as an...
sought to assert that Martin Laroche
Martin Laroche
Martin Laroche, born William Henry Silvester, was an early English professional photographer who successfully challenged William Fox Talbot's patent on the calotype and effected a liberalisation in professional practice, research and development that catalysed the development of photography in the...
's use of the, unpatented, collodion process
Collodion process
The collodion process is an early photographic process. It was introduced in the 1850s and by the end of that decade it had almost entirely replaced the first practical photographic process, the daguerreotype. During the 1880s the collodion process, in turn, was largely replaced by gelatin dry...
infringed his calotype
Calotype
Calotype or talbotype is an early photographic process introduced in 1841 by William Henry Fox Talbot, using paper coated with silver iodide. The term calotype comes from the Greek for 'beautiful', and for 'impression'....
patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
.
Background
Fox Talbot had developed the calotype process and patented it in 1841 to run until 1855. By 1852, many in the photographic community felt that Fox Talbot's insistence on the economic rights in his intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
were hampering the development of photography
Photography
Photography is the art, science and practice of creating durable images by recording light or other electromagnetic radiation, either electronically by means of an image sensor or chemically by means of a light-sensitive material such as photographic film...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and had called upon him to relinquish his patent. He had made a concession by allowing a free license to amateur photographers but he still insisted that professionals pay an annual license fee. The situation was exacerbated by Fox Talbot's insistence that Frederick Scott Archer
Frederick Scott Archer
Frederick Scott Archer invented the photographic collodion process which preceded the modern gelatin emulsion. He was born in Bishop's Stortford in the UK and is remembered mainly for this single achievement which greatly increased the accessibility of photography for the general public.tyler was...
's collodion process was covered by his patent. The collodion process was widely used and there was grievous disquiet among the professional photographic community at the payment of a license to Fox Talbot, rather than Archer, for its use.
In 1854, Fox Talbot applied to the Privy Council for an extension of his patent and Laroche was instrumental in fomenting opposition. Laroche was a professional photographer who has been claimed as a collaborator of Archer. He orchestrated the Photographic Society's public opposition to an extension and entered his own formal objection with the Privy Council. As a deliberate cassus belli, he advertised his photographic services in The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, stating that he used "the new process on paper", the collodion process. Laroche's solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
was Peter Fry, an amateur photographer who had been active against the original patent.
Fox Talbot had won actions against other photographers and sued Laroche for £5,000 damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
(£350,000 at 2003 prices) for infringement of his patent.
Legal argument
Fox Talbot claimed that his patent covered "the making visible photographic images upon paperPaper
Paper is a thin material mainly used for writing upon, printing upon, drawing or for packaging. It is produced by pressing together moist fibers, typically cellulose pulp derived from wood, rags or grasses, and drying them into flexible sheets....
... by washing them with liquid" and argued that Laroche's use of pyrogallic acid rather than his own mixture of silver nitrate
Silver nitrate
Silver nitrate is an inorganic compound with chemical formula . This compound is a versatile precursor to many other silver compounds, such as those used in photography. It is far less sensitive to light than the halides...
, acetic acid
Acetic acid
Acetic acid is an organic compound with the chemical formula CH3CO2H . It is a colourless liquid that when undiluted is also called glacial acetic acid. Acetic acid is the main component of vinegar , and has a distinctive sour taste and pungent smell...
, and gallic acid
Gallic acid
Gallic acid is a trihydroxybenzoic acid, a type of phenolic acid, a type of organic acid, also known as 3,4,5-trihydroxybenzoic acid, found in gallnuts, sumac, witch hazel, tea leaves, oak bark, and other plants. The chemical formula is C6H23COOH. Gallic acid is found both free and as part of...
was immaterial.
Laroch argued:
- There was prior artPrior artPrior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
in the calotype patent rendering it invalid. In particular, the method had been developed by Joseph Bancroft ReadeJoseph Bancroft ReadeRev. Joseph Bancroft Reade FRS was an English clergyman, amateur scientist and pioneer of photography.-Early life:...
and described in an 1839 lecture. - The technique used by Laroch differed in that:
- It used pyrogallic, rather than gallic, acid; and
- It used collodion rather than paper.
Trial
The trial was heard 18-20 December 1854 in the Guildhall, LondonGuildhall, London
The Guildhall is a building in the City of London, off Gresham and Basinghall streets, in the wards of Bassishaw and Cheap. It has been used as a town hall for several hundred years, and is still the ceremonial and administrative centre of the City of London and its Corporation...
before Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
Sir John Jervis
John Jervis (politician)
Sir John Jervis was an English lawyer, law reformer and Attorney General in the administration of Lord John Russell...
.
Fox Talbot's leading counsel was Sir Frederick Thesiger
Frederic Thesiger, 1st Baron Chelmsford
Frederic Thesiger, 1st Baron Chelmsford PC KC FRS was a British jurist and Conservative politician. He was twice Lord Chancellor of Great Britain.-Early life:...
, later to become Attorney-General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, assisted by William Robert Grove
William Robert Grove
Sir William Robert Grove PC QC FRS was a judge and physical scientist. He anticipated the general theory of the conservation of energy, and was a pioneer of fuel cell technology.-Early life:...
, a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and distinguished scientist
Scientist
A scientist in a broad sense is one engaging in a systematic activity to acquire knowledge. In a more restricted sense, a scientist is an individual who uses the scientific method. The person may be an expert in one or more areas of science. This article focuses on the more restricted use of the word...
who was to go on to become a judge. The first witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
was Fox Talbot and Grove performed the examination-in-chief. There were then ten witnesses for Fox Talbot:
- Alfred Noble
- Dr. Miller
- William Thomas BrandeWilliam Thomas BrandeWilliam Thomas Brande FRS , English chemist.Brande was born in London, England. After leaving Westminster School, he was apprenticed, in 1802, to his brother, an apothecary, with the view of adopting the profession of medicine. However, Brande's bent was towards chemistry, a sound knowledge of...
- Prof. August Wilhelm von HofmannAugust Wilhelm von HofmannAugust Wilhelm von Hofmann was a German chemist.-Biography:Hofmann was born at Gießen, Grand Duchy of Hesse. Not intending originally to devote himself to physical science, he first took up the study of law and philology at Göttingen. But he then turned to chemistry, and studied under Justus von...
- Henry Medlock
- William CrookesWilliam CrookesSir William Crookes, OM, FRS was a British chemist and physicist who attended the Royal College of Chemistry, London, and worked on spectroscopy...
- Nevil Story MaskelyneNevil Story MaskelyneMervyn Herbert Nevil Story Maskelyne was an English geologist and politician.-Scientific career:Educated at Wadham College, Oxford, Maskelyne taught mineralogy and chemistry at Oxford from 1851, before becoming a professor of mineralogy, 1856-95. He was Keeper of Minerals at the British Museum...
- Antoine Claudet
- Henry ‘Collins’ (Collen)
- William Carpmael (1804–1867, Talbot's patent agent)
Laroche did not give evidence but the witnesses called by his counsel included:
- Joseph Bancroft ReadeJoseph Bancroft ReadeRev. Joseph Bancroft Reade FRS was an English clergyman, amateur scientist and pioneer of photography.-Early life:...
- Edward William BrayleyEdward William BrayleyEdward William Brayley FRS was an English geographer, librarian, and science author.-Early life:Brayley was born in London, the son of Edward Wedlake Brayley, a notable antiquary and his wife Anne . His early schooling, in the company of his brothers Henry and Horatio was private and sheltered...
- Andrew Ross
- Robert HuntRobert Hunt (scientist)Robert Hunt , a scientist and antiquarian, was born at Devonport, Plymouth, in the United Kingdom. He was involved in statistical, mineralogical and other studies. He died in London on 17 October 1887.-Early life:...
- A. Normandy
- Dr. J. Stenhouse
- C. Heisch
- T. Taylor
- W. H. Thornthwaite
- Mr. Elliott
- Mr. (possibly T. S.) Redmond
Thesinger gave the closing speech for Fox Talbot and Jervis gave a length summing up for the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
.