Court of Cassation on compilations, Paris (1814)

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

Court of Cassation on compilations, Paris (1814), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

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636 (1 December 1814)                  Case law of the Court of Cassation

[Col. 3]


1º APPEAL [pourvoi] – SOLICITOR –


1º The declaration of appeal lodged, in criminal
      matters, by a solicitor of the court that
      delivered the judgment (being) attacked, is
      valid, even though there is no special
      mandate from the accused, if otherwise, without
      being constituted by a specific act, he
      has signed a petition of appeal on behalf of
      the accused: this petition is sufficient to
      constitute him as the solicitor of record.
      (Code of Criminal Procedure, 417.)

2º The reprinting, unbeknownst to the author,
      of a collection or a compilation, constitutes
      the offence of counterfeiting, provided that
      this collection is not the mere copy of one or
      several other works, that its execution
      required the work of the mind, and that it is
      at once the product of concepts foreign to the
      author and of concepts that are his own.
      (Law 19 July 1793; Criminal Code, 425.)

            (Leclerc v. Villeprend and Brunet)
      M. the Abbé Cardon had published under the title
of Lectures chrétiennes a work consisting
of excerpts of sermons and devotional books. Two
editions of this book were published successively.
Messrs Villeprend and Brunet, printers at Lyon,
after having




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