CASES REPORTED. Baily v. Harrison, 3 M. & G. Blackwell v. Harper, 2 Atk. Bonnor v., 5 T. R. Brett v. Electric Telegraph Company, Vice-Chancellor, May, 1847 Brooks v. Cock, 3 Ad. & E. Colnaghi v. Ward, 12 Law Journ. De Berenger v. Wheble, 2 Starkie Fradella v. Weller, 2 Russ. M. Gahagan v. Cooper, 3 Camp. Geary v. Norton, V. C. K. Bruce, May, 1845 Harrison v. Hogg, 2 Ves. jun. Hogg v. Kirby, 8 Ves. Jefferys v. Baldwin, Ambler Jendwine v. › 2 Esp. Lowndes v. Moore, Queen's Bench, Ireland, May, 1848 Margetson v. Wright, V. C. K. Bruce, July, 1848; Queen's Bench, February, 1849 Martin v. Wright, 6 Simon M'Crea v. Holdsworth, V. C. K. Bruce, August, 1848 M'Murdo v. Smith, 7 T. R. Millingen v. Pickle, 5 Law Times Moore v. Clark, 6 Jurist Murray v. Heath, 1 B. & Ad. Newton v. Cowie, 12 Moore Nicoll v. Woolf, Vice-Chancellor, August, 1847 Nield v. Coates, 13 Law Journal Page v. Townshend, 5 Sim. Roworth v. Wilkes, 1 Camp. Sayer v. Dicey, 1 East Sayre v. Moore, 3 Wils. Sheriff v. Coates, 1 Russ. Swaisland v. Willey, V. C. K. Bruce, 1845 Thompson v. Symonds, 5 T. R. West v. Francis, 5 B. & Al. Wilkins v. Aikin, 17 Ves. Wyatt v. Barnard, 3 Ves. COPYRIGHT IN DESIGN. SECTION I. THE VALUE OF FORM. A FORM may have a value in a variety of ways-both as a means, and as an end. As to the first, it may be suited to a particular material or substance in which it is to be executed, as straight lines for masonry, curved for metal castings, &c., a linear design for a copper plate, a shaded drawing for lithography or etching, and in fact every mode of imitation requires a translation of the design into its own language, and every change of material employed varies the mode of operation. When a calico pattern is to be printed by the cylinder engine, its proportions must be so adjusted as exactly to occupy the circumference of the cylinder, and this sometimes involves the redrawing the pattern five or six times. This part of the subject affects the producer, but a form must also subserve the purpose and object of the consumer or user. It may be useful, like an instrument or machine; or purely ornamental, a picture or decorative, retaining the value in use, and adding ornament to it, as a dress. With or near to the second class we may place the arts of amusement, toys, puzzles, &c. The share of the artist in the production of the form may be more or less. The sculptor converts a shapeless mass into a florid group of fruit and foliage, while the materials for the bouquet are supplied by nature, and all that art adds is the string that unites them. The arts of imitation B vary from the exact reproduction of nature by a daguerrotype, to the refined abstraction and composition of the historical painter. The value of a form may lie in its connection with some ornamental object, though itself devoid of beauty, as the lay-figure which sustains the artist's drapery, the wirework for the twining plant, and the outlines of tesselated work which facilitate the harmonious collocation of colour. Many artists, indeed, as Turner, only employ form in this dependent manner. Decoration may give an entire shape to an article, as a vase, urn or cup; or may leave the general form untouched, and spread embossed or chased ornament in relief upon the surface. The useful purposes obtained by form are innumerable; it gives us stability in the arch, motion in the wheel, collects power in the steam-cylinder, stores it up in the fly-wheel, applies it in a tool, gives us optical effect in a prism, and acoustic in a bell. Form in these is useful in itself; it may also be a means of getting other forms, as the mould for casting, or it may allow of the most economic use of the material in getting the largest veneer from an ornamental log of timber. Lastly, form represents, records and communicates ideas by sounds in the alphabet, or resemblances in maps, diagrams, &c. Now, as in every object of human production some particular means is employed and for some particular purpose, and each means and each purpose require the restriction of the shape employed within certain limits, we arrive at individual and isolated forms capable of variation within certain limits, and impracticable beyond them. Thus, in a decanter, the centre of gravity must be kept low and the base wide, to give stability; a certain height, however, is indispensable to its appearance. The grasp of the hand, and the facility of pouring out and filling, cleaning and stoppering, regulate the neck; and the design, besides fulfilling these conditions, must be practicable in a material which receives its first shape by blowing into a mould, and its surface from the grinder; and the number of ornamental shapes that combine all these requisites |