Findlay v. Duthuit

Kupferman, J. P.,

dissents in a memorandum as follows: If a cause of action is placed in the wrong cubbyhole, then the legal conclusion can be erroneous, which is the trouble with the majority memorandum in this matter. The defendant is the daughter of Henri Matisse, the great French painter, and issues certificates of authenticity for Matisse works pursuant to the French law droit moral. (Cf. Berne Convention, Paris Revision, 1971, art 6Bis; Copinger & Skone James, Copyright [Sweet & Maxwell, London, 1980], § 1829.) The specific right involved is Droit de la Paternite, the right of authorship…