Provided that when any painting, or drawing, or the negative of any photograph, shall for the first time after the passing of this act be sold or disposed of, or shall be made or executed for or on behalf of any other person for a good or valuable consideration, the person so selling or disposing of, or making or executing the same, shall not retain the copyright thereof unless it be expressly reserved to him by agreement in writing, signed at or before the time of such sale or disposition, by the vendee or assignee of such painting or drawing, or such negative of a photograph, or by the person on whose behalf the same shall be so made or executed; but the copyright shall belong to the vendee or assignee of such painting or drawing, or such negative of a photograph, or to the person for or on whose behalf the same shall have been made or executed; nor shall the vendee or assignee thereof be entitled to such copyright unless at or before the time of such sale or disposition an agreement in writing, signed by the person so selling or disposing of the same, or by his agent duly authorized, shall have been made to that effect.
That is to say, after promising the author copyright in his work for life and seven years, the act stipulates that in order to get it the author must, at the time of the first sale or disposition of his picture, obtain a document in writing from the purchaser of the picture, reserving the copyright to the author, and the act goes on to say that if he does not take this step the copyright becomes the property of the purchaser of the picture, but with the proviso, in order to secure it to him, he must have a document signed by the artist assigning the copyright to him; but if neither of these things is done, and no document is signed, the copyright does not belong to either the artist who sells or the client who buys, and the act is silent as to whom it does belong to. It has disappeared and belongs to no one. There is no copyright existing in the work for any one. It has passed into the public domain, and any one who can get access to the work may reproduce it. Now, as most purchases are made from the walls of exhibitions, in ninety-nine cases out of a hundred the copyright is absolutely lost. And where the sale is arranged directly between the artist and his client, the difficulty experienced by the artist in raising the question as to whom the copyright shall belong to is so great, owing to the dread lest the mere mention of the signing of a document should cause the selling of the picture to fall through, that in numerous such cases the copyright lapses and becomes public property. Photographers are not affected by this clause, because they do not as a rule sell the negatives they produce, and with them the copyright lies in the negative. They carry on their trade in prints without the question of the negative arising. The picture-dealer, also, who buys a picture and copyright is not subjected to the same disability as the painter. The picture-dealer can sell a picture without saying a word to his client as to the copyright, which he, nevertheless, retains intact; the provision is applicable only to the _first_ sale of the work, which, therefore, throws the whole of the disability upon the painter.