Court of Cassation on sculptures, Paris (1814)

Source: Bibliothèque universitaire de Poitiers (SCD) : Recueil général des lois et des arrêts (Recueil Sirey), 1er série 1791-1830, 4e volume - 1812-1814

Citation:
Court of Cassation on sculptures, Paris (1814), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: f_1814

Permanent link: http://www.copyrighthistory.org/record/f_1814

Full title:
Robin v. Romagnesi, Court of Cassation. 17 November 1814.

Full title original language:
Robin C. Romagnesi, Cour de cassation. Du 17 novembre 1814.

Abstract:
Article 1 of the law of July 1793 had decreed that the authors of writings of any kind, composers of music, painters, draughtsmen, and engravers were to enjoy an exclusive right to their productions. In the Robin v. Romagnesi case of 1814, the judges of first instance, followed by those of the Court of Cassation, were to interpret the provisions of the revolutionary legislation and the Code Pénal's articles on counterfeiting in the sense that these most certainly did protect works of sculpture, too. Moreover, as an early illustration of something that was to run through all French jurisprudence of the nineteenth century, the judges here also had to settle, as with literary subject matter, on a definition of the artistic work which was susceptible of enjoying the protection of the law. From this perspective, although it was established that the law of 1793 could and should protect a great variety of sculptures, including those of industrial character, carrying out a synthesis of the common criteria for such protection still proved a very delicate task indeed.

1 Commentary:
commentary_f_1814

Bibliography:
N/A

Related documents in this database:
1825: Merlin on counterfeiting

Author: N/A

Publisher: Sirey

Year: 1814

Location: Paris

Language: French

Source: Bibliothèque universitaire de Poitiers (SCD) : Recueil général des lois et des arrêts (Recueil Sirey), 1er série 1791-1830, 4e volume - 1812-1814

Persons referred to:
Audier-Massillon
Blanc, Etienne
Gastambide, Adrien-Joseph
Louis XVIII
Merlin, Philippe-Antoine
Renouard, Augustin-Charles
Robin, Gabrielle
Romagnesi, Louis Alexander

Places referred to:
Paris

Cases referred to:
Romagnesi v. Mlle Robin (1814)

Institutions referred to:
Académie de Saint-Luc (Paris)
Bibliothèque du Roi (French Royal Library)
Court of Cassation (Paris)
King's Council of State (France)
Parisian Guild of Master Casters and Founders
Parisian Guild of Master Painters and Sculptors
Parlement of Paris

Legislation:
Code Pénal 1810
French Copyright Act 1793
French royal declaration on sculpture and painting (1777)

Keywords:
applied art, protected subject matter
authorship, theory of
books, protected subject matter
copying, concept of
counterfeit
creativity
deposit
duration
engravings, protected subject matter
inheritability
originality
paintings, protected subject matter
penalties, paid to author(s)
personality theory
replica
sculpture, protected subject matter
transferability

Responsible editor: Frédéric Rideau


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