In order to prevent any future mistake or cause of misunderstanding it is agreed between W. H. F. Talbot Esquire on the one hand and Messrs Henneman and Malone <1> on the other part, to explain alter and amend their agreement bearing date yesterday, and also the license bearing date yesterday granted by W. H. F. Talbot to them, in manner following, that is to say – The license shall only be understood to extend to the use of such parts of the patents as relate to the Talbotype, otherwise called Calotype or Photography on paper –
No deduction shall be made by Henneman and Malone from the payable patent dues on account of commission and expenses of agents employed by them to vend the pictures –
In case Henneman & Malone shall employ as their agent to vend the pictures, any person who has been himself licensed by Mr Talbot to make or vend photographic pictures at a higher rate of percentage than 15 per cent, in that case Henneman & Malone shall pay the same higher rate of percentage on all such pictures as may be sold by the agency of such person aforesaid –
The negatives of portraits made hitherto in the Regent St Establishment <2> shall be given to H. and M. as a free present.
The set of negatives representing Engravings made by Henneman for Mr Stirling <3> but not belonging to the 66 negatives made for Mr Stirling’s work shall be given to Henneman & Malone on condition of their paying to Mr Talbot 50 per Cent as patent dues on all positive Copies made from the above mentioned Set of negatives Five per Cent Commission to be paid to Henneman and Malone on the sums which may be received hereafter from Mr Stirling for the plates of his abovementioned work and the remaining 95 per cent to be placed to Mr Talbot’s account.
Henneman & Malone hereby declare to have received payment from Mr Talbot of all sums now due by the Establishment in Regent St to tradesmen and others, and that they will forthwith apply the said sums to discharge the said claims – Henneman & Malone hereby agree to hold Mr Talbot harmless against all future claims upon the establishment, in respect of debts incurred before the date of these presents, if any such shall at any time hereafter be made –
All the furniture & apparatus at 1 Victoria Terrace, Kensington, belongs to Mr Talbot – & nothing shall be removed without his written consent.
In witness whereof the above named parties have set their hands this [illegible deletion] seventeenth day of June 1848
W. H. F. Talbot
T A Malone
Witness Robt Murray <4>
1. Nicolaas Henneman (1813–1898), Dutch, active in England; WHFT’s valet, then assistant; photographer and Thomas Augustine Malone (1823-1867), photographer & chemist. Henneman & Malone became Photographers on Paper to the Queen. The partnership was officially dissolved by July 1851, in large part due to Malone's dangerous state of health.
2. 122 Regent Street, London: base of Nicolaas Hennemans’ Talbotype or Sun Picture Rooms.
3. Nicolaas Henneman collaborated with the collector Sir William Stirling-Maxwell to produce the first art history book to be illustrated by photographs. This took the form of a fourth volume to Annals of the Artists of Spain (London: John Ollivier, 1848) – only 25 copies of the photographically-illustrated volume were produced. Although Talbot advised Henneman on some technical matters for this volume, he played no direct role in its publication.
4. Of Murray & Heath (Robert Murray & Vernon Heath), instrument makers & photographers, London.