The Advent of the Camera: Technological Rupture, Gendered Implications and Legal Continuity

Abstract

Technology and law both rest upon, acknowledge and borrow from their forebears, but the trajectory of technological development is distinct from legal precedent. The former thrives on innovative and creative leaps where non-linear progression is celebrated. The latter derives purpose and respect from its conservatism and predictability, adhering to established traditions. At moments of technological rupture, the law’s path forward becomes uncertain. By taking the advent of the photographic camera as its focus, this article comments upon the ways in which the law grapples to smooth over technological rupture and naturalize the outcomes of its often ambiguous and hesitant decisions. As the gendered battle for rights in a photographic image during the last few decades of the 19th century shows, the primary owner of copyright in a photograph was not naturally or obviously the photographer. This article encourages us to reflect upon moments of technological rupture and the process by which the once achievable or feasible becomes absurd or forgotten.