Graves’ Case, London, London (1869)

Source: Squire Law Library, Cambridge.

Citation:
Graves’ Case, London, London (1869), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | Commentaries: [1]
Record-ID: uk_1869b

Permanent link: https://www.copyrighthistory.org/cam/tools/request/showRecord.php?id=record_uk_1869b

Full title:
Graves’ Case (1868-69) L.R. 4 Q.B. 715; (1869) XX LT 877

Full title original language:
N/A

Abstract:
Graves’ Case was decided by the Court of Queen’s Bench in 1869 under the Fine Arts Copyright Act 1862. The commentary casts new light on Blackburn J’s dicta concerning the statutory criterion of ‘originality’ in relation to a photograph of an engraving of a painting, by placing the decision in its legislative and enforcement context.

1 Commentary:
commentary_uk_1869b

Bibliography:
  • Cooper, E., Art and Modern Copyright: The Contested Image (Cambridge: Cambridge University Press, 2018) p.p. 55-56, p.p. 61-64, p.p. 239-242

  • Deazley, R., ‘Photographing Cases in the Public Domain: A Response to Garnett’, (2001) European Intellectual Property Review 179

  • Stokes, S., ‘Graves’ Case Revisited in the USA’, (2000) Entertainment law Review 104


Related documents in this database:

Author: N/A

Publisher: N/A

Year:
1869

Location: London

Language: English

Source: Squire Law Library, Cambridge.

Persons referred to:
Agnew, Thomas
Blackburn J
Boulding Walker, George
Burgess, W.H.
Everett Millais, John
Graves, Henry
Hannen J
Kindersley VC
Lord Abinger CB
Maguire Underdown, Emmanuel
Mellor J
More, McQueen & Co
Parke B
Sir Edwin Landseer
Spencer, J.A.
Victor Flatow, Louis
Willes J

Places referred to:
London
United States of America

Cases referred to:
Chappell v. Purday, 12 M. & W. 303; 13 L.J. 9, Ex.
Ex Parte Davidson 18 CB 297; 2 El. & Bl. 577
Liverpool Borough Bank v. Turner, 29 LJ 827
Low v. Routledge 33 L.J. 717
Newton v. Cowie 4 Bing. 234
Thompson v. Symonds 5 T.R. 41

Institutions referred to:
Court of Chancery
Court of Common Pleas
Court of Exchequer
Court of Queen’s Bench
Stationers’ Company

Legislation:
25 & 26 Vict c.68
5&6 Vict. c.45

Keywords:
Aggrieved person
Blackburn J.
Fine Arts Copyright Act
Henry Graves
Originality
Photographs
Registration

Responsible editor: Elena Cooper


Our Partners


Copyright statement

You may copy and distribute the translations and commentaries in this resource, or parts of such translations and commentaries, in any medium, for non-commercial purposes as long as the authorship of the commentaries and translations is acknowledged, and you indicate the source as Bently & Kretschmer (eds), Primary Sources on Copyright (1450-1900) (www.copyrighthistory.org).

You may not publish these documents for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

Although the original documents in this database are in the public domain, we are unable to grant you the right to reproduce or duplicate some of these documents in so far as the images or scans are protected by copyright or we have only been able to reproduce them here by giving contractual undertakings. For the status of any particular images, please consult the information relating to copyright in the bibliographic records.


Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK