A Costly Glass of Water

The Bourget v. Morel case in Parisian courts 1847-1849

Abstract

The music business of today relies heavily on the performing right element of the Intellectual Property Right/IPR laws. Unlike many other IPRs, the performing right did not come about as a result of technological inventions for the distribution of artistic content. The background is, rather, to be found in the general economic growth in the mid-nineteenth century which, in turn, was a result of the Industrial Revolution. 'Economic growth' is, however, a complex causal background that eventually needed a particular event which could function as a catalyst for the new IPR to be recognised, accepted (at least as a legal act) and implemented. This event has been identified as the Bourget v. Morel case in Paris 1847-49. It resulted in the legal framework on which the music industry of today, penetrating every aspect of our lives, relies.  It is strikingly odd how this event has been narrated as a mere anecdote. This paper provides more details.

The author gratefully acknowledges the financial support of The Paul and Marie Berghaus’s Endowment Fund, The Richard C Malmsten Memorial Foundation and The Grez-sur-Loing Foundation.