Court of Cassation on telegraphic news, Paris (1861)

Source: Bibliothèque universitaire de Poitiers (SCD): Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1862.1.136

Citation:
Court of Cassation on telegraphic news, Paris (1861), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: f_1861

Permanent link: http://www.copyrighthistory.org/record/f_1861

Full title:
Havas, Bullier & Co. v. Gounouilhou, Court of Cassation. 8 August 1861.

Full title original language:
Havas, Bullier et comp. C. Gounouilhou, Cour de cassation. Du 8 août 1861.

Abstract:
On 8 August, 1861, the Court of Cassation decided, as a matter of principle, that telegraphic cable-messages (dépêches) which 'brought to the attention of the public political, scientific, or literary news' should not benefit from the protection of the law of 1793. In this respect the Court confirmed the judgment on appeal of 22 April, 1861, which, moreover, significantly linked this exclusion to a high subjective threshold of protection: namely, that the work had to bear the 'imprint of its author's personality'. Thus, the format of a telegraphic cable-message was, because of its nature, considered on the one hand to be incapable of revealing any creative subjectivity on the part of the author, and, on the other, its value was seen as secondary in comparison to that of the information being distributed.

1 Commentary:
commentary_f_1861

Bibliography:
N/A

Related documents in this database:
N/A

Author: N/A

Publisher: Dalloz

Year: 1861

Location: Paris

Language: French

Source: Bibliothèque universitaire de Poitiers (SCD): Dalloz, Jurisprudence générale. Recueil Périodique et critique de jurisprudence, de legislation et de doctrine, 1862.1.136

Persons referred to:

Boissieux, M.
De Peyramont, M.
Gounouilhou, Gustave
Hardoin, M.
Havas, Auguste
Havas, Charles-Guillaume
Havas, Charles-Louis
Rendu, Ambroise
Troplong, Raymond-Théodore
Wolff, Bernhard

Places referred to:
Bordeaux
Europe
Madrid
Paris

Cases referred to:
Havas, Bullier & Co. v. Gounouilhou (1861)

Institutions referred to:
Agence Havas
Court of Appeal (Bordeaux)
Tribunal of Commerce (Bordeaux)

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

Keywords:
creativity
newspapers, protected subject matter
novelty
public domain

Responsible editor: Frédéric Rideau


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