Home | Launch conference | Methodology | Editorial board | Acknowledgements | Contact








Core documents by:
Date
Place



Core documents for:
Italy
Germany
France
Britain
United States


All documents for:
Italy
Germany
France
Britain
United States


Original language:
English
French
German
Italian
Latin


Browse documents by:
   Person
... by name
... by occupation
... by life dates

Place
Institution
Legislation
Case law


Browse commentaries by:
   Person
... by name
... by occupation
... by life dates

Place
Institution
Legislation
Case law


Browse database by:
Key words






Editors' login:




Luneau de Boisjermain's case, Paris (1770)

Source:
Bibliothèque nationale de France : Mss. Fr. 22073 n°10

Citation:
Luneau de Boisjermain's case (1770), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images


Record-ID:
f_1770

Full title
Jugement rendu par M. de Sartine, Chevalier, Conseiller d'Etat, Lieutenant Général de Police de la Ville, Prévôté & Vicomté de Paris, Commissaire du Conseil en cette partie, Entre le Sieur Luneau de Boisjermain, Et les Syndic & Adjoints de la Librairie & Imprimerie de

Full title original language
N/A

Abstract
A few years before the decisive decrees of 1777, Pierre-Joseph Luneau de Boisjermain (1732-1801) showed that he belonged to that small minority of authors who insisted on fully exercising a literary property right which emanated from their creations. In this respect, he can be seen as picking up on an essential part of the arguments advanced by Louis d'Héricourt and Diderot, whereby the specific labour carried out by the author served as the fundamental source of a right of exploitation. Rightly determined not to relinquish to the Parisian booksellers the exclusive rights of which he was a beneficiary, Luneau de Boisjermain in 1768 arranged for several boxes of his works to be sent to five book traders in Paris, so that these in their turn could deliver them to booksellers in the provinces who were willing to sell his books. The other Parisian booksellers were annoyed and troubled by the liberty thus taken by an author, and accused Luneau of "meddling in the book trade", in direct violation of Art. 4 of the 1723 Code de la Librairie. On these grounds they were able to secure a judicial order for the confiscation of his works. This confrontation and the subsequent annulment of the confiscation order by the ruling of 1770 would bring to the fore, in an atmosphere of increasing tension between the Parisian and provincial guilds, the whole question of an author being able to directly exercise property rights on his work. Similarly, the ruling in this case anticipated the very specific statute which would soon be enacted in favour of authors in the decrees of 30 August 1777.

Bibliography
N/A

Related documents in this database

Author
N/A

Publisher
N/A

Location
Paris

Year
1770

Language
French

Source
Bibliothèque nationale de France : Mss. Fr. 22073 n°10

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Delalain, Nicolas-Augustin, Sr. (c.1735-c.1807)
Despilly, Jean-Baptiste (fl.1752-1763)
Louis XV (1710-1774)
Luneau de Boisjermain, Pierre-Joseph-Francois (1732-1801)
Racine, Jean (1639-1699)
Sartine, Antoine de (1729-1801)
Savoye, Etienne François (fl.1743-1763)
Tilliard, Nicolas-Martin (c.1723-1773)

Persons referred to in commentary
Diderot, Denis (1713-1784)
Héricourt, Louis d' (1687-1752)
Luneau de Boisjermain, Pierre-Joseph-Francois (1732-1801)

Places referred to
Paris

Places referred to in commentary
N/A

Legislation referred to
Parisian Book Trade Regulations 1686
Code de la Librairie 1723

Legislation referred to in commentary
Code de la Librairie 1723
Decree of the King's Council on the duration of privileges (1777)

Cases referred to
Luneau de Boisjermain v. Parisian Guild of Booksellers (1678-1679)

Cases referred to in commentary
N/A

Institutions referred to
Chambre syndicale des libraires et imprimeurs (Paris)
Parisian Guild of Booksellers and Printers

Institutions referred to in commentary
Parisian Guild of Booksellers and Printers

Key words
authors, self-publishing
barter trade
defamation
guilds
penalties
penalties, paid to author(s)
privileges, French
registration
reputation

Responsible editor
Frédéric Rideau




Copyright status

Original document is out of copyright. In so far as these scans are protected by copyright, they are made available on the same terms as translations and commentaries (see home page).




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