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“Rodin”

Decision of the Supreme Court, Criminal Chamber (Cour de cassation, chambre criminelle) 25 October 2016 – Case No. 15-84620

  1. 1.

    Although the failure to comply with the provisions of Art. 9 of Decree No. 11081-255 of 3 March 1981 is not of itself capable of establishing the infringement, since it was adopted for the purpose of preventing fraud and as a mere summary offence, the failure to apply a notice permitting the work to be identified as a simple reproduction may be noted as being one of the constituent elements of the offence of infringement when it is part of an intention to cause the possible purchaser or purchasers to believe that the work presented is an authentic work.

  2. 2.

    Reproductions without the rightholders’ authorisation of works originating from the private domain are counterfeit.

  3. 3.

    With respect to works that have entered the public domain, pursuant to Art. 121-1 of the Intellectual Property Code an author enjoys the right to respect for his name, his authorship and his work. This right may be transmitted to the author’s heirs or other successors in title, is perpetual, inalienable and imprescriptible.

  4. 4.

    The infringement of a work that has entered the public domain consists of any alteration or modification, no matter how significant, of the original work.

  5. 5.

    An infringement is any reproduction, performance or dissemination of a work of the mind by any means whatsoever, in violation of the author’s rights as defined and regulated by law, whether or not the work has been completed.

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Translated by David Wright.

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Guy X. v. Le Musée Rodin Arts. L. 112-2, L 121-1, L 122-1, L 335-2, L 335-3 and L. 335-6 of the Intellectual Property Code, Art. 9 of Decree No. 81-255 of 3 March 1981 and Art. 71 of Annexe III of the General Fiscal Code, Arts. 591 and 593 of the Code of Criminal Procedure, Art. L. 213-1 of the Consumer Code, Art. 1382 of the Civil Code. “Rodin”. IIC 48, 592–598 (2017). https://doi.org/10.1007/s40319-017-0616-8

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Keywords

  • Fraude
  • Counterfeit
  • Copies of original works
  • Rodin
  • Infringement
  • Private and public domains