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BULLETIN OF LAWS
OF THE FRENCH REPUBLIC.
No. 510
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No 3869 - REPORT AND DECREE on the Counterfeiting of
Foreign Works.
Of 28 March 1852
Report for the Prince-President of the Republic. Monseigneur,
The author's right [
droit d'auteur], which consists in the temporary right
to the exclusive enjoyment of scientific, literary and artistic
products, is consecrated by French legislation for the benefit
of nationals, and even of foreigners, relative to works published
in France. But the foreigner, who can acquire and possesses
under the protection of our laws movables and immovables, can not
prevent the exploitation of his works, by the means of
counterfeiting, on the soil otherwise so hospitable of France.
This is here, Monseigneur, a state of affairs which one can
reproach not only of being in disharmony with the rules that our
positive law tends unceasingly to generalise, but even of being
contrary to universal justice. You will have consecrated the
application of a salutary principle, you will have assured to the
sciences, the letters and the arts, a serious encouragement, if
you protect their productions against usurpation no matter where
they have seen the light of day, no matter which nation the author
belongs to.
One sole condition appears legitimate to me, that the foreigner
be subject, for the ulterior conservation of his right, to the same
obligations as nationals.
If you deign to approve the views that I have just exposed,