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186 FIRST PART
LITERARY PROPERTY; 1º COMPILATION, CHOSEN ELEMENTS,
NEW WORK; 2º and 3º RIGHTS OF THE AUTHOR, ASSESSMENT
OF THE CASE, CASSATION, REGULATION OF PROFITS.A compilation made up of elements which have been borrowed from
previous publications is, just like an entirely original creation,
susceptible of literary property, if the elements have been chosen
with discernment, placed in a new order, invested with a new
form and intelligently made available for a more or less general use
(Law of 19 July 1793, art. 1 and 2)
[...](Prud'homme v. Dubus's widow and Bellanger) - DECISION. THE COURT
; — [...] Whereas the right of property guaranteed by the
aforementioned laws to the authors of all productions of the mind or
of genius covers not only entirely original creations, but extends also
to those works whose elements, though borrowed from previous publications,
have been chosen with discernment, placed in a new order, given a new
form and intelligently made available to more or less general use; - Whereas
such is, according to the contested decision, the character of the "Maritime
, published for the last thirty years at Saint Brieuc by
M. Dubus; and it follows from this decision that in using for the composition
of this work "La Connaissance des temps"
and various French and foreign
nautical almanacs, Dubus selected and ordered the various elements, making them
useful to navigation and carrying out intelligent reductions and excisions; and,
under such circumstances, the decision was correct in declaring that this work
is protected and safeguarded under the terms of the law of 19 July 1793.
The Court rejects the appeal.
On 27 November 1869. - Criminal Chamber - Messrs Legagneur, President -
Guyho, Reporter - Bédarrides, Attorney General, c. conf.
- Roger, lawyer.______________
Translation by: Andrew Counter