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French International Copyright Act, Paris (1852)

Source:
Bibliothèque universitaire de Poitiers (SCD) : Bulletin des Lois de la République française, Xe série, tome neuvième, n° 510

Citation:
French International Copyright Act (1852), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images


Record-ID:
f_1852

Full title
Report and Decree on the Counterfeit of foreign works

Full title original language
Rapport et Décret sur la Contrefaçon d'Ouvrages étrangers

Abstract
If the author's right really was an incontestable property, then it should be protected in the same way by all international agreements. This is an argument which was often invoked by the critics of a property-based legal definition of author's rights. After the bilateral treaties signed by France between 1843 and 1851 (with Sardinia, Portugal, Hanover, and Great Britain), it was, though, not until the Decree of 28 March 1852 that French legislation, for "reasons of universal justice", finally granted protection to the authors of works published abroad. Indeed, previously to that, the majority view in France, in both jurisprudential theory and practice, had been that any legal action undertaken by such authors (regardless of whether they were French citizens or foreigners), or by their assignees, was invalid unless there was a specific agreement with the country concerned. Thus, whilst tying in with more modern developments in the international protection of authors' rights before the Berne Convention, the Decree of 1852 would nevertheless encounter difficulties in the way it was to be applied, even to the extent of challenges to the definition of the author's right in terms of property.

Bibliography
N/A

Related documents in this database

Author
N/A

Publisher
Imprimerie Nationale

Location
Paris

Year
1852

Language
French

Source
Bibliothèque universitaire de Poitiers (SCD) : Bulletin des Lois de la République française, Xe série, tome neuvième, n° 510

Physical description
N/A

Illustrations tables
N/A

Persons referred to
N/A

Persons referred to in commentary
N/A

Places referred to
N/A

Places referred to in commentary
Great Britain
Hanover
Portugal
Sardinia

Legislation referred to
French International Copyright Act 1852

Legislation referred to in commentary
Anglo-French Copyright Treaty 1851
French International Copyright Act 1852
Berne Convention 1886

Cases referred to
N/A

Cases referred to in commentary
N/A

Institutions referred to
N/A

Institutions referred to in commentary
N/A

Key words
international agreements, bilateral
property theory, authors' property

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