Court of Appeal on translations, Paris (1845)

Source: Bibliothèque universitaire de Poitiers (SCD) : Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1846.2.212

Citation:
Court of Appeal on translations, Paris (1845), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: f_1845a

Permanent link: http://www.copyrighthistory.org/record/f_1845a

Full title:
Rosa v. Girardin, Rouen Court of Appeal. 7 November 1845.

Full title original language:
Rosa C. Girardin, Cour d'appel de Rouen. Du 7 novembre 1845.

Abstract:
The Girardin case of 1845 enshrined the author's right to control whether and by whom a translation of his work was to be carried out. However, in condemning the translator who had published the work without the agreement of the original author, the judges remained somewhat ambiguous about the precise grounds for establishing this counterfeit - it was as if their decision to punish this offence stemmed as much from the real fact of identifiable damages, as from the infringement of the property right itself. The court's sentence also raised more theoretical questions about the nature of the permanent bond between the original work and its translation, and ultimately also about the further evolution of the idea/form distinction that had already been established in the eighteenth century.

1 Commentary:
commentary_f_1845a

Bibliography:
N/A

Related documents in this database:
1853: Court of Cassation on translations
1853: Stowe v. Thomas

Author: N/A

Publisher: Dalloz

Year: 1845

Location: Paris

Language: French

Source: Bibliothèque universitaire de Poitiers (SCD) : Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1846.2.212

Persons referred to:
Blanc, Etienne
Dalloz, Armand
Girardin, Jean Pierre Louis
Pardessus, Jean-Marie
Renouard, Augustin-Charles
Rosa, F.

Places referred to:
N/A

Cases referred to:
N/A

Institutions referred to:
Court of Appeal (Rouen)

Legislation:
French Copyright Act 1793

Keywords:
compilation
copy
counterfeit
foreign reprints
music publishing
property theory
public domain
transferability
translation, right of
translations, of contemporary works

Responsible editor: Frédéric Rideau


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