PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

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

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Record-ID: uk_1869b

Permanent link: https://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


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