Unidentified photographer / artist 1858, 10 July The Late Mademoiselle Rachel
Magazine page Google Books The Musical World, Volume 20, No.2, July 10, 1858, p.436-437.
The Late Mademoiselle R??hel
Mademoiselle Sarah Felix, the sister of the late Mademoiselle Rachel, yesterday brought an action before the Civil Tribunal against Madame O'Connell, the well-known artist, to obtain damages for having pirated a design belonging to her. Mademoiselle Sarah, it appeared, on the death of her sister at Cannes, on the 3d of January last, caused a photographer to take a likeness on her deathbed. He obtained one remarkable for its exactitude, but it was, as was said, "horrible to witness," inasmuch as it represented her features they were contracted in the agony of death. As Mademoiselle Sarah's object in having the photograph taken was to preserve a memorial of the deceased for her family and a few friends, she saw that it would not be possible to offer them any thing so disagreeable to look at, and she accordingly employed a photgrapher in Paris, named Ghemar, to soften it down. She made both the photographers sign agreements, by which they bound themselves to take all possible precautions to prevent either the original photograph or the modification of it from getting into the hands of the public. But Ghemar imprudently allowed Madame O'Connell to take a copy of it, and she having made some alterations in it, caused MM. Goupil, the well-known ??intsellers, to offer copies of it for sale. Mile. Sarah protested against this proceeding, and she caused a seizure to be made of the coples unsold. In support of her action certificates were produced from Count de Nieuwerkerke, Director General of the Imperial Museums, and from other artistic authorities, to the effect that Madame O'Connell's photograph was undoubtedly a piracy, and it was contended that the original
photograph was not only the exclusive property of Mlle Sarah, but that in law no persons except the members of Rachel's own family had the right to represent her on her deathbed, inasmuch as, though she had been a public performer, all that regarded her private life was as sacred as that of any other person. It was added that Mademoiselle Sarah's intention was to give to the poor any damages the tribunal might award her, lher object in bringing the action being to prevent pictures of Rachel on her deathbed from being sold to the public. On the part of Madame O'Connell it was admitted that it she had seen the photographs in the hands of Glemar, and had to a certain extent been inspired by it; but it was contended that her work was so different from that in many respects that it must be considered original. It was also insisted that Madame O'Connell had the right to produce portraits of Rachel, living or dead, as from Rachel's artistic eminence she was public property. It was accordingly demanded, not only that the action should be dismissed, but that 5.000f. damages should be awarded to her for the wrong done her in bringing it, and by the seizure. After hearing the public prosecutor, who had declared himself in fav?? of Mademoiselle Sarah's action, the tribunal postponed Judgment for a week Galignani.
