Court of Cassation on artistic property (1842)

Source: Bibliothèque universitaire de Poitiers (SCD) : Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1842.1.297

Citation:
Court of Cassation on artistic property (1842), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: f_1842

Permanent link: http://www.copyrighthistory.org/record/f_1842

Full title:
Heirs of Baron Gros & Vallot v. Gavard, Court of Cassation. 27 May 1842.

Full title original language:
Héritiers baron Gros et Vallot C. Gavard, Cour de Cassation. Du 27 mai 1842.

Abstract:
Following the law of 19 July 1793 and the difficulties in interpreting its first article, which specified that painters and designers were to enjoy the right to reproduce their works (whereby engraving was the only means of reproduction explicitly mentioned), the question as to what consequences the transfer of the original physical medium of the work of art (say, a painting) implied, would be settled once and for all for the remainder of the nineteenth century by the Court of Cassation in 1842. The supreme judges considered the property of the physical medium to be essential, and, unless there was a contractual stipulation to the contrary, all the rights attached to the former were presumed to be transferred simultaneously with it. However, before reaching this decision, questions were inevitably raised about how one should imagine the dematerialization of the object of the property secured by the revolutionary legislation.

1 Commentary:
commentary_f_1842

Bibliography:
N/A

Related documents in this database:
1841: Court of Cassation on artistic property

Author: N/A

Publisher: Dalloz

Year: 1842

Location: N/A

Language: French

Source: Bibliothèque universitaire de Poitiers (SCD) : Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1842.1.297

Persons referred to:
Dupin, André Marie Jean Jacques
Gros, Antoine-Jean, Baron
Mesnard, M.
Nachet, Louis Isidore
Portalis, Joseph Marie Portalis, 1st Count
Scribe, Achille
Vallot, Philippe Joseph

Places referred to:
Paris

Cases referred to:
Heirs of Baron Gros & Vallot v. Gavard (1842)

Institutions referred to:
Court of Cassation (Paris)

Legislation:
Code civil (Napoleonic code) 1804
French Copyright Act 1793

Keywords:
authors' remuneration
authorship, legal concept of
duration
engravings, protected subject matter
fixation
idea/expression
inheritability
moral rights, theory
paintings, protected subject matter
property theory
property theory, authors' property
public good
replica
reputation
transferability

Responsible editor: Frédéric Rideau


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