Ill-Protected Portraits: Mathew Brady and Photographic Copyright

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Jason Guthrie
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This article focuses on Mathew Brady’s attempts to use copyright to protect his photographs. For a time, Brady received so much credit in the press that his name became synonymous with all photographs of the Civil War. This prominence in the photography trade and in the public imagination makes Brady’s use of copyright an ideal case for considering the relationship between photography and authorship. The research of this study cites relevant archival sources, including copyright registration practices, copyright notices on printed photographs, and the case of Brady & Gibson v. Bellew (1865) to demonstrate deliberate attempts by Brady to protect his work from infringement, secure economic compensation, and to link his name legally with images he believed would have enduring value. While copyright ultimately failed to protect Brady’s long-term financial interests, part of his attribution strategy established him as a photographic “author” and ensured his name would remain linked with his photographs.
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