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Court of Cassation on sculptures, Paris (1814)

Source:
Bibliothèque universitaire de Poitiers : Recueil général des lois et des arrêts (Recueil Sirey), 1er série 1791-1830, 4e volume - 1812-1814, 630

Citation:
Court of Cassation on sculptures (1841), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
f_1814

Full title
Robin v. Romagnesi, Court of Cassation. 17 November 1814.

Full title original language
Robin C. Romagnesi, Cour de cassation. Du 17 novembre 1814.

Abstract
Article 1 of the law of July 1793 had decreed that the authors of writings of any kind, composers of music, painters, draughtsmen, and engravers were to enjoy an exclusive right to their productions. In the Robin v. Romagnesi case of 1814, the judges of first instance, followed by those of the Court of Cassation, were to interpret the provisions of the revolutionary legislation and the Code Pénal's articles on counterfeiting in the sense that these most certainly did protect works of sculpture, too. Moreover, as an early illustration of something that was to run through all French jurisprudence of the nineteenth century, the judges here also had to settle, as with literary subject matter, on a definition of the artistic work which was susceptible of enjoying the protection of the law. From this perspective, although it was established that the law of 1793 could and should protect a great variety of sculptures, including those of industrial character, carrying out a synthesis of the common criteria for such protection still proved a very delicate task indeed.

Bibliography
N/A

Related documents in this database

Author
N/A

Publisher
Sirey

Location
Paris

Year
1841

Language
French

Source
Bibliothèque universitaire de Poitiers : Recueil général des lois et des arrêts (Recueil Sirey), 1er série 1791-1830, 4e volume - 1812-1814, 630

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Audier-Massillon (fl.1814)
Blanc, Etienne (1805-1874)
Gastambide, Adrien-Joseph (fl.1837-1860)
Louis XVIII (1755-1824)
Merlin, Philippe-Antoine (1778-1854)
Renouard, Augustin-Charles (1794-1878)
Robin, Gabrielle (fl.1814)
Romagnesi, Louis Alexander (b.1776)

Persons referred to in commentary
Antommarchi, Francesco (1780-1838)
Blanc, Etienne (1805-1874)
Canova, Antonio (1757-1822)
Couhin, Claude Raoul (b.1850)
Louis XVIII (1755-1824)
Merlin, Philippe-Antoine (1778-1854)
Napoleon I (1769-1821)
Pataille, Jules-Henri-Paul (b.1847)
Pouillet, Eugène (1835-1905)
Raphael (1483-1529)
Robin, Gabrielle (fl.1814)
Romagnesi, Louis Alexander (b.1776)
Soleau, Eugène (b.1853)

Places referred to
Paris

Places referred to in commentary
Angers
Épinal
Paris

Legislation referred to
French royal declaration on sculpture and painting (1777)
French Copyright Act 1793
Code Pénal 1810

Legislation referred to in commentary
French Copyright Act 1793
Code Pénal 1810
Law of 11 March 1902 (France), establishing author's rights for sculptors and designers
Law of 14 July 1909 (France), on designs and patterns

Cases referred to
Romagnesi v. Mlle Robin (1814)

Cases referred to in commentary
Romagnesi v. Mlle Robin (1814)
Fontana case (1857)

Institutions referred to
Académie de Saint-Luc (Paris)
Bibliothèque du Roi (French Royal Library)
Court of Cassation (Paris)
King's Council of State (France)
Parisian Guild of Master Casters and Founders
Parisian Guild of Master Painters and Sculptors
Parlement of Paris

Institutions referred to in commentary
Association Littéraire et Artistique Internationale (ALAI)
Chamber of Commerce and Industry, Paris
Court of Cassation (Paris)
Imagerie d'Épinal (factory producing images)
Réunion des Fabricants de Bronze (Paris)
Royal Academy of Painting and Sculpture (Paris)
Tribunal correctionnel de la Seine

Key words
applied art, protected subject matter
authorship, theory of
books, protected subject matter
copying, concept of
counterfeit
creativity
deposit
duration
engravings, protected subject matter
inheritability
originality
paintings, protected subject matter
penalties, paid to author(s)
personality theory
replica
sculpture, protected subject matter
transferability

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