If any 18th-century creative understood copyright, licensing and distribution, it was English artist and engraver William Hogarth (10 November 1697 – 26 October 1764). Spear-heading his “modern moral series” (a sequence of paintings later turned into engravings for print), Hogarth recognised the need of the creator to distribute their work to as wide an audience as possible.
Taking matters into his own hands, he bypassed traditional publishing routes and instead took on the role of distributor, peddling his original prints to a waiting market of middle-class buyers. The problem? Counterfeit copyists. Seizing the opportunity to make a quick shilling, these side hustlers had a knack for selling copies at a fraction of the cost, targeting not only Hogarth’s buyers, but a far-wider net of print lovers.
Hogarth’s Artistic Legacy
Viewed as a champion of local artists, Hogarth was no stranger to the problems that they faced when it came to levying recognition, a livelihood, and profitability. Arguably one of the first great artists with a distinctive popular style in the UK, his individualism can be seen across a wealth of imagery that challenged the status quo. We’re talking frank realism, bawdy banter and matters of social justice. To reach the general public, he knew exactly how to appeal to them through relatable storytelling and comical commentary.
For example, rather than drily preaching virtue like some painters of the day, Hogarth cheekily (but pointedly) flipped the narrative with series like ‘Marriage-a-la-Mode’ (1743-1745), ‘Beer Street and Gin Lane’ (1751) and ‘Industry and Idleness’ (1747), becoming known as the “Comic History Painter”. Looking for lessons in marketing to an audience? Hogarth was all about it.
Justice, court, conviction to mulct, copper engraving by Daniel Chodowiecki to the "Elementarwerk" (book of elementary" by Johannes Basedow, 1774.
Tackling Plagiarism
To tackle plagiarism at a time when the concepts ‘fame’ and recognition would start kicking in, Hogarth made a case for artistic protection. How did he do this? Through legal persistence. Following the success of his ‘A Harlot’s Progress’ (1731-1732), Hogarth brought a battle to Parliament for legal control over the reproduction of such works. Hogarth had been burnt by the circulation of various pirated copies and wanted to safeguard himself and other artists from a similar fate.
The “Engraving Copyright Act” (now known as “Hogarth’s Act”) of 1735 put protective legislation in place to the producers of engravings. Securing their copyright was an important legal milestone for artists. Later, craftsmen would also be protected. A century on, photographers would additionally feel the extended reach of this legislation.
Guess store on Regent’s street is seen to have put Banksy art back up at the storefront. Banksy posted on Instagram yesterday accusing Guess of using image.
Copyright & Licensing Today
Today, copyright works to protect creators by stopping others from using their output without permission. It can be complex but is ironclad: under UK copyright law, you are automatically the owner of anything that you produce (painting a broad stroke across the arts and media) and it is yours to do with what you will. A high profile example from recent history would be street artist Banksy’s accusations over the use of his imagery in a Guess store front on Regent Street. Banksy called out the retailer on using his artwork without the appropriate authorisation.
Enter licensing. It’s important to do your homework for any images you might consider using – and often, it can be a bit of a headache. If you want to liberate your licensing and take the pain out of worrying about copyright, Alamy offers bespoke licences and unrivalled customer support to make sure your projects progress seamlessly. That’s great news for Hogarth’s early advocacy of artists and the amenable circulation of their content.