Page images
PDF
EPUB

Art. XVIII. This Law is retrospective in its effect. [By Art. XVII. it came into operation ist July, 1876, and abrogated all previous Legislation on the subject.]

Art. XIX. Special privileges (extending the duration of the Author's rights) shall no longer be granted.

Art. XX. The present Law applies to all works of Art produced by subjects of the Empire, whether published at home or abroad, and whether yet published or not. Works of foreign authors brought out by German publishers fall equally under the protection of this Law.

Art. XXI. Works of foreign authors, published in a State belonging to the ancient Germanic Confederation, but not forming part of the German Empire, shall be protected by the present Law on the condition that reciprocity exists between such State and the Empire ; and in this case the length of duration of the protection shall be limited by the Laws of such foreign State. A similar provision shall apply to unpublished works of authors belonging to such States.

Portugal. Code of 1876. · The Portuguese Code of Civil Procedure, 1876, contains various provisions respecting the rights of authors whether of books or works of Art.

Authors and proprietors of works of Art may seize all the copies of piratical editions, or works, or instruments for producing such piracies.

A person who thinks his rights affected by a work (" ouvrage,” including, we presume, work of Art), may forbid its continuation until it has been judicially decided whether the proprietor of the work so commenced has the right to complete it, or whether he must destroy it. The action must be brought within thirty days.

Norway. Law of 1876. Cap. II. is devoted to the subject of the illegal representation of Dramatic and Musical compositions. The entire Law is very much on the lines of the Danish Law of 1857, and forms the completion of the partial Legislation on Copyright provisionally passed by the Storthing in 1875, which was given in the Law Magazine and Review for May, 1877.

Canada. Act 1875. By the Canadian Act, 1875, a Register of Copyright in Literary, Scientific, and Artistic works is ordered to be kept at the Ministry of Agriculture, which Ministry is empowered to issue regulations regarding such Copyright.

This Copyright may, by Section 4, be enjoyed by any author domiciled in the Dominion, or in British territory, or by the native of a State with which there is International Copyright. It may be granted to any book, or work of science, or art, printed or published, or reprinted and published in Canada. The protection given is for twenty-eight years from the date of registration, with power of extension for fourteen years beyond that term. Two copies of the book, map, musical composition, engraving, or photograph, must be lodged at the Ministry of Agriculture. In the case of a painting, design, statue, or work of sculpture, a written description must be furnished. One of the two copies is preserved in the Library of the Canadian Parliament. Cession of Copyright must be made by written instrument, in duplicate, and registered at the Ministry aforesaid. The entries in the Register are evidence, when certified by official copies issuing from the Ministry.

The bearing of the Paris Exhibition on Private International Law has been seen and noticed by M. Lyon-Caen and M. Bozérian in two articles in the January No.(1878) of the Journal de Droit International Privé. The point discussed by the learned authors is a very practical one, viz., the consequences of the introduction into France, for the purpose of exhibition, of articles manufactured abroad, but similar in character to objects patented in France. By a legal fiction, to which effect has been given by Decree of the President of the Republic, Sept. 4, 1876, the sites occupied for the Universal Exhibition, being declared Custom-house “entrepôts,” will not be French territory. But MM. Lyon-Caen and Bozérian are of opinion that this does not remove the entire difficulty, because articles so warehoused may be sold for use in France, instead of being re-exported. And they contend that it is only from the point of view of Custom-house dues that such goods can be said not to have reached French soil. On the whole they think that the rights of native patentees are somewhat infringed, but they do not suggest any solution of the difficulty. M. Bozérian holds that Art. 41 of the Law, July 5, 1844, applies to the case of goods brought into France for exhibition, and argues that as a Decree cannot derogate from a Law such importation would subject the exhibiting firms to the penalties imposed by Art. 41 on the sale, or

exhibition for sale, of pirated goods. M. Bozérian further holds that even granting the legitimacy of the creation of a neutral zone, or no-man's land, for the Exhibition premises, the goods must have circulated on French soil, and been introduced into French territory in order to reach that zone. And he denies that this would be simply a question of transit. He also denies that any law has authorised the Executive to create “entrepôts" which would “bear a resemblance to asylums for piratical imitators.” We have thought these views worth setting out, not as ourselves agreeing with them, but on account of the high position of their authors. We should like to see arguments on the opposite side, for we cannot think that if the erection by Presidential Decree of an International “entrepôt” be valid, the transit through French territory necessary to reach it would be held by the Courts to be an introduction into France for purposes of sale, in terms of Art. 41 of the Law of 1844. But it should be observed that M. Lyon-Caen is a Member, and M. Bozérian is President, of the “ Comité du Contentieux,” for the section of Property in works of industry at the Paris International Exhibition.

The Session of 1877-8 at the Free School of Political Science in Paris, removed from the Rue Taranne to the Rue des Saints Pères, comprises a judicious blending of Theory and Practice. It is divided broadly into two sections, the Administrative and Diplomatic. In the former are considered the Administration of the State and of Finances in France, illustrated, by comparison with other countries, by such competent authorities as M. Leroy-Beaulien, M. Flourens, &c., while the courses given on Comparative Mercantile Law, by M. Lyon-Caen, and on the Parliamentary and Legislative History of France from 1789 to 1852, by M. A. Ribot, are common to both sections. In the Diplomatic Section M. Albert Sorel discusses the successive transformations of the Political System of Europe, and the principal Treaties between European States, from 1830 to 1873, including an account of the Eastern Question since 1840, while M. Pigeonneau takes up the Diplomatic History of Europe at the close of the Thirty Years' War, and carries it down to 1789, the Treaties during this period forming the subject of a separate analysis by M. de Ferrari. Public International Law is treated by M. Funck Brentano, while M. Renault and M. Boutmy deal with subjects of which they are respectively well-known as masters, the former taking Postal, Telegraph, and other International relations, and the latter, who is Director of the School, taking European Constitutional History from 1789. The courses on the Law of Nations and Constitutional History are common to both Sections. M. Vergniaud discusses the new German, Austro-Hungarian, Belgian, and Swiss Constitutions.

Two new monthly Reviews, dealing with Law in some of its various aspects, have been founded in Paris since our last issue. The Revue Générale d'Administration, intended to be devoted, as its title indicates, to the Administrative branch of Jurisprudence, is brought out under the able editorship of M. Maurice Block, and will no doubt help French jurists in bridging over the gap which has been felt by them to exist in their Legal Literature between Law and its Administration. The object, therefore, of M. Block's Review, while not excluding the discussion of theoretical questions, is mainly practical. In announcing the establishment of La Science Politique, M. Emile Accollas, formerly Professor of French Civil Law in the University of Berne, and M. Jose-Luiz Martins “ Licencié en Droit,” declare themselves “ the children of the Eighteenth Century, and of the French Revolution.” This is a programme rather philosophical and speculative than juridical, and might be held to savour somewhat of the “ Root and Branch School.” A careful study of “ Morals, Law, Political Economy, and History," however, will afford plenty of materials for the formation of a sound “Science Politique.”

THE

LAW MAGAZINE AND REVIEW.

No. CCXXIX.-AUGUST, 1878.

1.-GERMAN JURISTS AND ROMAN LAW.

URING the last twenty years a considerable change

has come over the study of law in Germany. Professors of law, instead of confining their teaching as formerly to mere exegetical commentaries upon the text of the Corpus Juris, keep before their own eyes and those of their pupils the existing institutions of society, and constantly consider the Roman law with reference to its modern application. This method of teaching has, of course, reacted upon the legal literature of the country, and accordingly we are not surprised to find in a work entitled Geist des Römischen Rechts,'* considerations bearing upon the jurisprudence of the present day.

This treatise is indeed a work of far wider scope than its name imports. It is the spirit of law in general, quite as much as the spirit of Roman law, which the author constantly endeavours to discover and pourtray. And whilst the learned Professor brings to the task the highest intellectual culture coupled with unwearied research, he also displays a shrewd observation and unprejudiced judgment, indicating a practical acquaintance with the affairs of the world. The result is an original and instructive picture of many of those legal institutions which, for good or for evil, play so large a part in the business of our daily life.

* Geist des Römischen Rechts von Rudolph von Ihering, Leipzig, 1873..

« PreviousContinue »