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French Decree on Musical Publications, Paris (1786)
Source: Archives nationales : AD 1075 (document conservé aux Archives nationales, Paris).
Citation:
French Decree on Musical Publications, Paris (1786), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
8 translated pages
Chapter 1 Page 1
DECREE
OF THE COUNCIL OF STATE
OF THE KING,
Which establishes an office of stamps
for music.
Of 15 September 1786.
Extract of the Registers of the Council of State.
The King, being made to take into account, in his
Council, memoranda presented by the Authors, Composers &
Merchants of music, for the purpose of stopping the
circulation of counterfeits which cause damage to the
rights of the Artists and to the progress of the art,
especially since the works of this nature are sufficiently
sought after to awaken greed & encourage fraud; His
Majesty having recognized that by these abuses the
property rights are from day to day less respected and
that talents are deprived of their productions: To which
purpose wishing to provide; the King being in his Council,
Chapter 1 Page 2
with the opinion of the Keeper of the Seals, has ordered
& orders what follows:
FIRST ARTICLE
The Authors & Publishers who will wish to have works
of music engraved, with words or without words, will not
be able to do so without having obtained from the Keeper
of the Seals the permission or the privilege of the seal,
according to the Ordinances and Regulations established
for the Book trade; & he will not make granted, for the
aforementioned works, any privilege of the seal or any
permission to Merchant Publishers, then those justified
by a transfer of rights [cession] to them which will have
been made by the Authors or owners, or that insofar as
they will be the first to present themselves, whilst it
involves a matter of having printed or engraved in the
Kingdom music which, without being a counterfeit, already
will have been engraved or printed in foreign countries.
II.
All those which will have obtained privileges or
permissions to print, engrave & sell or make sell national
or foreign music, will be held to provide for the public
Libraries, nine copies with the Syndical Chamber of the
Booksellers & Printers [Chambre syndicale des Libraires &
Imprimeurs], or to send them postage-paid, & this before
selling or distributing any other copy.
III.
No Engraver will engrave music unless he has procured
permission or the privilege of the seal, which he will be
held to engrave at the head of the work, by adding to it
his distinctive mark & his name at the end of work.
IV.
No Printer in copper-engraving will print music unless
insofar as the formalities prescribed above will be fulfilled
on the copperplate itself, & that after having been in
person, or having sent a self-signed attestation, to make
his statement at the Office of Stamps, which will be addressed
hereafter in article XII & following; in which declaration he
Chapter 1 Page 3
3
will denote the musical work which he will print, the
person who will have given the copperplate to him, & for
whom he will print [tirer], as well as the number of the
copies which he will print.
V.
No Author, Composer or Publisher of music will distribute
or have distributed anything printed or engraved of which he
did not sign the copies, & on which he did not affix the stamp
which will be ordered & established by this decree.
VI.
No Merchant will sell music printed or engraved unless he
has assured himself that all these precautions & formalities
were observed.
VII.
No one will conduct trade of music who has not been
registered as Merchant of music with the Syndical Chamber of
the Book trade, in whose district he will be established
or will want to be established; & any Merchant of music will
pay for this inscription the same price as the type-founders,
without however acquiring other rights by this act, than those
to conduct the trade of music. Also, he will be held to present
a valid certificate of good character and morals, which will be
transcribed into the register held for this purpose, & of which
a copy will be given with the act of inscription signed by the
Syndic & Deputies, & a list will be made of the aforesaid
Merchants as well as of their residence, printed following that
of the type-founders.
VIII.
His Majesty does not intend to preclude the Authors from
having engraved, printed & sold by themselves the music of
their composition, provided nevertheless that they obtain
beforehand the permission of the Keeper of the Seals; that
they provide the Syndical Chamber with the nine copies with
which they have to be provided, & that they conform themselves
to the other formalities ordered hereafter; & in case they
would want to sell printed or engraved music other than
Chapter 1 Page 4
4
their own composition, they will be held to conform
to the formalities prescribed in the article above.
IX.
Any non-bookselling Merchants of Music who will
conduct trade in books, will be punished with confiscation
& a fine of Five hundred pounds [livres] to the profit of
the Syndical Chamber; as also whoever will conduct the
trade of music without have obtained the right, will be
subject to the same penalty [peincs], & the product there
from will belong to the Office of Stamps which will be
mentioned hereafter.
X.
The Officers of the Syndical Chamber of the Book
trade will bring to Merchants, Engravers and Printers of
music, visits which they will deem suitable, or which have
been solicited by interested parties to see, examine &
verify Works of music which will be found there; to seize
& suspend the articles where one will not have observed
the Regulations; & in the cities and places where there is
no Industry Confederation, interested parties will be able
to require from the Judge of the place the exertion of
police force, to make the aforesaid inspections according
to the accustomed forms.
XI.
The Merchants of music will pay every year to the
Officers of the Industry Confederation, for all rights on
inspections, the sum of Six livres.
XII.
At the royal School of Declamation & Song in Paris, an
Office will be established to stamp any piece of engraved
or printed music which one will want to put on sale; at
this Office a Professor of the aforementioned royal School
will always assist, who will be held in charge of the service
there during all working days, from ten o’clock in the morning
until two o’clock in the afternoon.
XIII.
All pieces of engraved or printed music will be, before
being offered for sale or distribution, brought to this Office,
Chapter 1 Page 5
5
to be stamped here by that person who will be appointed
for this purpose; & all music which will be found
offered for sale, or which will be proven to have been
offered for sale or distribution after the publication
of the present decree, without having been subjected to
this formality, will be seized, & the perpetrator will
be convicted to a fine of Three thousand livres.
XIV.
At the Office, there will be two stamps, one carrying
the word "Music", & being used for the purpose of stamping
the music copies which will be printed or engraved after
the publication of present decree; & the other carrying
these words "Old Music", & being used for the purpose of
stamping any music printed or engraved before the
aforementioned publication.
XV.
All music which will have to be stamped with the first stamp,
will cost Two sous per livre of the price of its value from
Merchant to Merchant, if it has been engraved in the Kingdom, &
all those which will be stamped with the second stamp, will cost a
sou per livre of the price of its value from Merchant to Merchant:
nevertheless, His Majesty excluded music Journals from this
tariff, which will not cost more than a penny per livre of the
market price of the subscription, & could not be distributed
without having been stamped; as also the music which will be
found offered for sale with Private individuals, either after
a decease, or otherwise by authority of justice, will not cost
more than Six deniers per livre, based on the estimate made by
experts, & will be stamped before being able to be put on sale.
XVI.
All music engraved in a foreign country, entering the kingdom
to be sold & debited here, will always cost & without exception &
distinction, the two sous per livre of the price of its value, &
a tenth in addition.
XVII.
All those who will have music which needs to be stamped,
will be able to have it stamped each time they have a number
Chapter 1 Page 6
6
of copies which they will want to sell or distribute
accordingly, provided that they make an inventory of
the surplus for the Officials with the mark of the stamp,
who will seal the surplus to be represented in the same
state when the owners will want to have them stamped &
sold in their totality or only one part; & these parts
thus sealed, will be deposited at the Office of the stamp,
so the Owner does not have to do anything more than to
subject himself to represent them in the same state, &
the seals in their entirety.
XVIII.
The Office of the stamp will be obliged to stamp at
no charge the first twenty copies of any music piece which
will be engraved after the publication of this decree; as
well as to make an inventory & seal for free the copies
whereof one will want to differ the sale, in accordance
with the option given in the article above.
XIX.
His Majesty prohibits any person, on penalty of a fine
of Three thousand pounds, to counterfeit any piece of music;
likewise prohibits to engrave anything before having
observed the formalities prescribed above; & in the event of
infringement, His Majesty wants a seizure to be made of
simple copies as well as of printing plates.
XX.
All music coming from Abroad will be leaded at the first
border Office where it will be presented, & dispatched by
receipt with guarantee for the Syndical Chamber of Paris,
which will be held to inspect it, & to then return it to the
Office of the stamp, in order for it to be stamped there
before being returned to its destination.
XXI.
His Majesty orders, to all Officials of the Leases [Fermes],
at the borders as well as in the interior of the kingdom, to
be opposed to any fraudulent introduction of books, music,
printing plates or letter-settings; he orders them to seize the
Chapter 1 Page 7
7
bundles or packages fraudulently entered into circulation,
& to deposit or dispatch them, leaded & tied up, with
receipt of guarantee, to the Syndical Chamber nearest
to the place of seizure, to be handled there by the
Inspector & the Officers of the aforementioned Chamber,
according to the ordinary forms, relating to inspection &
confiscation, if necessary, of the aforesaid books, music,
printing plates & letter-settings.
XXII.
The product of all the seizures of music which will
be made, will be allotted, that is to say, a quarter for
the Officials of the Leases, when they have had a part in
the seizure; a quarter for the Syndical Chamber where the
deposit will have been made, or a half, if the seizure has
been made by the Officers of the aforementioned Confederation,
& the surplus for the royal School of Declamation & Song,
deduction made on beforehand of the legitimately made expenses.
XXIII.
Any Engraver, who will want to engrave music, will be
obliged to communicate in advance to the Office of the stamp,
the distinctive mark which he wants to employ to acknowledge
his works.
XXIV.
His Majesty prohibits to counterfeit the stamps, the
mark of the Engraver or the signatures, punished as forgery,
with a fine of Three thousand pounds, confiscation, &
extraordinarily being prosecuted, & punished according to
the demanding nature of the cases.
XXV.
His Majesty wants that the product of the stamp, as well
as that of the fines & confiscations ordered above with the
profit of the Office of the stamp, would be used for the
maintenance of the royal School of Declamation & Song
established in the town of Paris. His Majesty orders that His
Lordship the Lieutenant-General of the Police force of Paris,
& the Intendants & Commissioners allocated to the various
districts of the kingdom, to hold the hand, each for what
him concerns, with regard to the execution of this decree,
which will be printed, published & posted everywhere where
need will be, & transcribed on the registers of all the
Chapter 1 Page 8
8
Syndical Chambers of the kingdom. Done at the Council of
State of the King, in the presence of His Majesty, held
in Versailles on fifteenth September seventeen hundred and
eighty-six.
Signed: LE B.ON DE BRETEÜIL
This decree was transcribed into the folio 767 & 768 of the
Register of the Royal Chamber & Syndicate of the Booksellers &
Printers of Paris. At Paris, this tenth of October seventeen hundred
eighty-six. Signed KNAPEN, Syndic. CAILLEAU, NYON Sr, DELALAIN Sr,
MERIGOT Jr, Deputies.
IN PARIS,
FROM THE ROYAL PRINTING-OFFICE
_____________________
M.DCCLXXXVI
Translation by: Freya Baetens
Source: Archives nationales : AD 1075 (document conservé aux Archives nationales, Paris).
Citation:
French Decree on Musical Publications, Paris (1786), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
8 translated pages
Chapter 1 Page 1
OF THE COUNCIL OF STATE
OF THE KING,
Which establishes an office of stamps
for music.
Of 15 September 1786.
Extract of the Registers of the Council of State.
The King, being made to take into account, in his
Council, memoranda presented by the Authors, Composers &
Merchants of music, for the purpose of stopping the
circulation of counterfeits which cause damage to the
rights of the Artists and to the progress of the art,
especially since the works of this nature are sufficiently
sought after to awaken greed & encourage fraud; His
Majesty having recognized that by these abuses the
property rights are from day to day less respected and
that talents are deprived of their productions: To which
purpose wishing to provide; the King being in his Council,
Chapter 1 Page 2
with the opinion of the Keeper of the Seals, has ordered
& orders what follows:
The Authors & Publishers who will wish to have works
of music engraved, with words or without words, will not
be able to do so without having obtained from the Keeper
of the Seals the permission or the privilege of the seal,
according to the Ordinances and Regulations established
for the Book trade; & he will not make granted, for the
aforementioned works, any privilege of the seal or any
permission to Merchant Publishers, then those justified
by a transfer of rights [cession] to them which will have
been made by the Authors or owners, or that insofar as
they will be the first to present themselves, whilst it
involves a matter of having printed or engraved in the
Kingdom music which, without being a counterfeit, already
will have been engraved or printed in foreign countries.
All those which will have obtained privileges or
permissions to print, engrave & sell or make sell national
or foreign music, will be held to provide for the public
Libraries, nine copies with the Syndical Chamber of the
Booksellers & Printers [Chambre syndicale des Libraires &
Imprimeurs], or to send them postage-paid, & this before
selling or distributing any other copy.
No Engraver will engrave music unless he has procured
permission or the privilege of the seal, which he will be
held to engrave at the head of the work, by adding to it
his distinctive mark & his name at the end of work.
No Printer in copper-engraving will print music unless
insofar as the formalities prescribed above will be fulfilled
on the copperplate itself, & that after having been in
person, or having sent a self-signed attestation, to make
his statement at the Office of Stamps, which will be addressed
hereafter in article XII & following; in which declaration he
Chapter 1 Page 3
will denote the musical work which he will print, the
person who will have given the copperplate to him, & for
whom he will print [tirer], as well as the number of the
copies which he will print.
No Author, Composer or Publisher of music will distribute
or have distributed anything printed or engraved of which he
did not sign the copies, & on which he did not affix the stamp
which will be ordered & established by this decree.
No Merchant will sell music printed or engraved unless he
has assured himself that all these precautions & formalities
were observed.
No one will conduct trade of music who has not been
registered as Merchant of music with the Syndical Chamber of
the Book trade, in whose district he will be established
or will want to be established; & any Merchant of music will
pay for this inscription the same price as the type-founders,
without however acquiring other rights by this act, than those
to conduct the trade of music. Also, he will be held to present
a valid certificate of good character and morals, which will be
transcribed into the register held for this purpose, & of which
a copy will be given with the act of inscription signed by the
Syndic & Deputies, & a list will be made of the aforesaid
Merchants as well as of their residence, printed following that
of the type-founders.
His Majesty does not intend to preclude the Authors from
having engraved, printed & sold by themselves the music of
their composition, provided nevertheless that they obtain
beforehand the permission of the Keeper of the Seals; that
they provide the Syndical Chamber with the nine copies with
which they have to be provided, & that they conform themselves
to the other formalities ordered hereafter; & in case they
would want to sell printed or engraved music other than
Chapter 1 Page 4
their own composition, they will be held to conform
to the formalities prescribed in the article above.
Any non-bookselling Merchants of Music who will
conduct trade in books, will be punished with confiscation
& a fine of Five hundred pounds [livres] to the profit of
the Syndical Chamber; as also whoever will conduct the
trade of music without have obtained the right, will be
subject to the same penalty [peincs], & the product there
from will belong to the Office of Stamps which will be
mentioned hereafter.
The Officers of the Syndical Chamber of the Book
trade will bring to Merchants, Engravers and Printers of
music, visits which they will deem suitable, or which have
been solicited by interested parties to see, examine &
verify Works of music which will be found there; to seize
& suspend the articles where one will not have observed
the Regulations; & in the cities and places where there is
no Industry Confederation, interested parties will be able
to require from the Judge of the place the exertion of
police force, to make the aforesaid inspections according
to the accustomed forms.
The Merchants of music will pay every year to the
Officers of the Industry Confederation, for all rights on
inspections, the sum of Six livres.
At the royal School of Declamation & Song in Paris, an
Office will be established to stamp any piece of engraved
or printed music which one will want to put on sale; at
this Office a Professor of the aforementioned royal School
will always assist, who will be held in charge of the service
there during all working days, from ten o’clock in the morning
until two o’clock in the afternoon.
All pieces of engraved or printed music will be, before
being offered for sale or distribution, brought to this Office,
Chapter 1 Page 5
to be stamped here by that person who will be appointed
for this purpose; & all music which will be found
offered for sale, or which will be proven to have been
offered for sale or distribution after the publication
of the present decree, without having been subjected to
this formality, will be seized, & the perpetrator will
be convicted to a fine of Three thousand livres.
At the Office, there will be two stamps, one carrying
the word "Music", & being used for the purpose of stamping
the music copies which will be printed or engraved after
the publication of present decree; & the other carrying
these words "Old Music", & being used for the purpose of
stamping any music printed or engraved before the
aforementioned publication.
All music which will have to be stamped with the first stamp,
will cost Two sous per livre of the price of its value from
Merchant to Merchant, if it has been engraved in the Kingdom, &
all those which will be stamped with the second stamp, will cost a
sou per livre of the price of its value from Merchant to Merchant:
nevertheless, His Majesty excluded music Journals from this
tariff, which will not cost more than a penny per livre of the
market price of the subscription, & could not be distributed
without having been stamped; as also the music which will be
found offered for sale with Private individuals, either after
a decease, or otherwise by authority of justice, will not cost
more than Six deniers per livre, based on the estimate made by
experts, & will be stamped before being able to be put on sale.
All music engraved in a foreign country, entering the kingdom
to be sold & debited here, will always cost & without exception &
distinction, the two sous per livre of the price of its value, &
a tenth in addition.
All those who will have music which needs to be stamped,
will be able to have it stamped each time they have a number
Chapter 1 Page 6
of copies which they will want to sell or distribute
accordingly, provided that they make an inventory of
the surplus for the Officials with the mark of the stamp,
who will seal the surplus to be represented in the same
state when the owners will want to have them stamped &
sold in their totality or only one part; & these parts
thus sealed, will be deposited at the Office of the stamp,
so the Owner does not have to do anything more than to
subject himself to represent them in the same state, &
the seals in their entirety.
The Office of the stamp will be obliged to stamp at
no charge the first twenty copies of any music piece which
will be engraved after the publication of this decree; as
well as to make an inventory & seal for free the copies
whereof one will want to differ the sale, in accordance
with the option given in the article above.
His Majesty prohibits any person, on penalty of a fine
of Three thousand pounds, to counterfeit any piece of music;
likewise prohibits to engrave anything before having
observed the formalities prescribed above; & in the event of
infringement, His Majesty wants a seizure to be made of
simple copies as well as of printing plates.
All music coming from Abroad will be leaded at the first
border Office where it will be presented, & dispatched by
receipt with guarantee for the Syndical Chamber of Paris,
which will be held to inspect it, & to then return it to the
Office of the stamp, in order for it to be stamped there
before being returned to its destination.
His Majesty orders, to all Officials of the Leases [Fermes],
at the borders as well as in the interior of the kingdom, to
be opposed to any fraudulent introduction of books, music,
printing plates or letter-settings; he orders them to seize the
Chapter 1 Page 7
bundles or packages fraudulently entered into circulation,
& to deposit or dispatch them, leaded & tied up, with
receipt of guarantee, to the Syndical Chamber nearest
to the place of seizure, to be handled there by the
Inspector & the Officers of the aforementioned Chamber,
according to the ordinary forms, relating to inspection &
confiscation, if necessary, of the aforesaid books, music,
printing plates & letter-settings.
The product of all the seizures of music which will
be made, will be allotted, that is to say, a quarter for
the Officials of the Leases, when they have had a part in
the seizure; a quarter for the Syndical Chamber where the
deposit will have been made, or a half, if the seizure has
been made by the Officers of the aforementioned Confederation,
& the surplus for the royal School of Declamation & Song,
deduction made on beforehand of the legitimately made expenses.
Any Engraver, who will want to engrave music, will be
obliged to communicate in advance to the Office of the stamp,
the distinctive mark which he wants to employ to acknowledge
his works.
His Majesty prohibits to counterfeit the stamps, the
mark of the Engraver or the signatures, punished as forgery,
with a fine of Three thousand pounds, confiscation, &
extraordinarily being prosecuted, & punished according to
the demanding nature of the cases.
His Majesty wants that the product of the stamp, as well
as that of the fines & confiscations ordered above with the
profit of the Office of the stamp, would be used for the
maintenance of the royal School of Declamation & Song
established in the town of Paris. His Majesty orders that His
Lordship the Lieutenant-General of the Police force of Paris,
& the Intendants & Commissioners allocated to the various
districts of the kingdom, to hold the hand, each for what
him concerns, with regard to the execution of this decree,
which will be printed, published & posted everywhere where
need will be, & transcribed on the registers of all the
Chapter 1 Page 8
Syndical Chambers of the kingdom. Done at the Council of
State of the King, in the presence of His Majesty, held
in Versailles on fifteenth September seventeen hundred and
eighty-six.
Signed: LE B.ON DE BRETEÜIL
This decree was transcribed into the folio 767 & 768 of the
Register of the Royal Chamber & Syndicate of the Booksellers &
Printers of Paris. At Paris, this tenth of October seventeen hundred
eighty-six. Signed KNAPEN, Syndic. CAILLEAU, NYON Sr, DELALAIN Sr,
MERIGOT Jr, Deputies.
IN PARIS,
FROM THE ROYAL PRINTING-OFFICE
_____________________
M.DCCLXXXVI
Translation by: Freya Baetens