Morillot on the author's right, Paris (1878)

Source: Bibliothèque universitaire de Poitiers (SCD) : Revue critique de législation et de jurisprudence, XXVIIe année, nouvelle série, tome VII

Citation:
Morillot on the author's right, Paris (1878), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: f_1878

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Full title:
On the Nature of the Author's Right, considered from a general perspective

Full title original language:
De la nature du droit d'auteur, considéré à un point de vue général, par M. André Morillot.

Abstract:
From the 1860s onwards monographs and articles by such French jurists as André Morillot (and also the older Alfred Bertauld writing on the same subject) helped, as is now widely recognised, to establish a more 'personalistic' notion of the author's right. Morillot, in particular, sought to clearly define the nature of the prerogatives accruing to the author by virtue of his creation, distinguishing between proprietary rights and others which were more personal or extra-proprietary. He even made use of the term 'moral right', albeit still in a rather technical sense. This development was in part due to the influence of German legal theory, especially the ideas of Rudolf Klostermann. But it essentially also reflected a widespread desire amongst French jurists to come to a formal, technical recognition of the consequences of a more general conception dating from even further back - namely, that of the notionally indivisible nature of the bond tying the author to his work.

Commentary: No commentaries for this record.

Bibliography:
N/A

Related documents in this database:
N/A

Author: André Morillot (1849-1922)

Publisher: A. Cotillon

Year: 1878

Location: Paris

Language: French

Source: Bibliothèque universitaire de Poitiers (SCD) : Revue critique de législation et de jurisprudence, XXVIIe année, nouvelle série, tome VII

Persons referred to:
Beseler, Karl Georg Christoph
Bluntschli, Johann Kaspar
Caillemer, Exupère
Dahn, Felix
Dambach, Otto
Dareste, Pierre
Gerber, Karl Friedrich Wilhelm von
Harum, Johann Christian von
Klostermann, Rudolf
Mandry, Johann Gustav Karl von
Martial, Marcus Valerius Martialis
Morillot, André
Napoleon III
Neustetel, Leopold Josef
Pollux, Julius
Wächter, Oscar von

Places referred to:
Athens
Douai
Germany
Italy
Mexico
Norway
Rome

Cases referred to:
N/A

Institutions referred to:
Corps législatif (1852-1870)
University of Paris (Sorbonne)

Legislation:
Code civil (Napoleonic code) 1804
Copyright Act for the German Empire 1870
Copyright Acts for the German Empire 1876
French Literary and Artistic Property Act 1866
Italian Copyright Act 1865
Norwegian law for the protection of literary property 1876

Keywords:
applied art, protected subject matter
authorship, legal concept of
authorship, romantic theory of
authorship, theory of
books, protected subject matter
common law copyright
copying, concept of
counterfeit
creativity
drawings, protected subject matter
duration
fixation
fraud
idea/expression
imitation
imitation, learning by
industrial revolution
inheritability
inventions
inventors
monopoly
moral rights, attribution
moral rights, divulgation (first publication)
moral rights, theory
music, protected subject matter
paintings, protected subject matter
patents, for invention
perpetual protection
personality theory
photography, protected subject matter
plagiarism
privileges
property theory
property theory, authors' property
public domain
reputation
scribal publication
utilitarianism
utility

Responsible editor: Frédéric Rideau


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Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK