Re: And now for something completely different:

On Thu, 19 Jun 97, Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
>
> With regard to destruction of copyrighted works, I seem to recall
> discussion on this list some time ago about a French case involving
> a reasonably well known painter who destroyed some canvases and
> successfully sued a relative who resurrected the paintings and
> sold them.
>
> As I understand it, moral rights were quite important in the case.
>
> Does anyone recall this case/discussion?

The case to which Timothy Arnold-Moore is referring is Carco v. Camoin, Judgment of March 6, 1931, Cour d'Appel de Paris, [1931] D.P.2.88. The defendants had found, restored, and offered for sale certain works that the artist had earlier slashed and discarded. The Court of Appeals affirmed a decision ordering that the works be destroyed in accordance with the artist's wishes, reasoning that the finder cannot deprive the artist of his moral right of disclosure (divulgation) -- that is, the right to decide when, if ever, to disclose his work to the public.

Thomas F. Cotter
Assistant Professor of Law
University of Florida College of Law
Gainesville, Florida 32611-7625
(352) 392-2235 (office)
(352) 392-3005 (fax)
cotter[_at_]law.ufl.edu Received on Mon Jun 23 1997 - 14:51:48 GMT