As your excellency will observe, this new legislation, which extends to
fifty years after the decease of the author the rights of his heirs,
admits to the benefit of its previous foreign writers and artists to the
extent determined by treaties about literary and artistic property.
Accept, sir, the assurance of my very high consideration.
Hon. William H. Seward, &c., &c., &c.
[Translation.]
No. 14,407.—The rights of heirs and
those having claims on authors, July 14, 1866.
Napoleon, by the grace of God and the will of the nation Emperor of
the French, to all present and to come, greeting: We have sanctioned
and do sanction, promulgated and do promulgate, as follows:
law.
Extract from the minutes of the
legislative body.
The legislative body has adopted the draught of law of the tenor
following:
Article 1. The duration of the rights
granted by anterior laws to the heirs, irregular successors,
grantees or legatees of authors, composers or artists, is extended
to fifty years, dating from the decease of the author.
During this period of fifty years the surviving husband or wife,
whatever may be the matrimonial arrangement, and independently of
rights which may result in favor of this survivor from the
regulations of the community, has sole enjoyment of the rights which
the deceased author has not disposed of by contract between parties
in being, or by will. However, if the author leave heirs in reserve,
that enjoyment is limited for the benefit of such heirs, according
to the proportions and distinctions established by Articles 913 and
915 of the Code Napoleon.
This enjoyment does not take place where there exists, at the moment
of death, a separation of persons pronounced against this surviving
party; it ceases in the case where the survivor contracts a new
marriage.
The rights of heirs in remainder, (reserve,) or of other heirs or
successors, during this period of fifty years, remains, moreover,
regulated in conformity with the prescriptions of the Code
Napoleon.
When the succession devolves to the state, the exclusive right is
extinguished, without prejudice to the rights of creditors and the
execution of agreements of cession which may have been consented to
by the author or his representatives.
Art. 2. All the provisions of anterior laws
contrary to those of the new law are and remain abrogated.
Passed upon in open session at Paris June 27, 1866.
The President, WALEWSKI.
Secretaries: Sevovin Abbatueri, Count W. de La
Valette, Alfred Darimon.
Extract from the minutes of the
Senate.
The senate does not oppose the promulgation of the law relative to
the rights of heirs, irregular successors, grantees or legatees of
authors, composers, or artists.
Passed upon and voted in session at the palace of the Senate July 6,
1866.
The President, TROPLENY.
The secretaries: Ferdinand Barrot, Count Boulay
(de la Meurthe,) General, Baron
Charon.
Examined and sealed with the seal of the senate.
The Senator and Secretary, FERDINAND BARROT.
We command and order that these presents, clothed with the seal of
state and inserted in the bulletin of the laws, be addressed to the
courts, the tribunals, and administrative authorities, that they be
inscribed on their records, and observed and caused to be observed;
and our minister of state for the department of justice and religion
is charged to supervise the publication thereof.
Done at the palace of the
Tuileries
the 14th July,
1866.
By the Emperor:
NAPOLEON.
Secretary of State, E. Rouher.
Sealed with the great seal.
Keeper of the Seals, Minister of State for the Departments of
Justice and Religion:
J. BAROCHE.
