"This is the first case in which in this court we have had to consider the Treaty of Rome. It comes about because of a tin can. If you should go for a picnic or camping, you will be likely nowadays to take with you something to boil water. One of the most useful is a tin can containing butane gas in liquid form. It is a small round tin, 3½ inches high and 3½ inches in diameter, with a domed top. The tin is completely airtight. When you want to use it, you fit it into a holder, pierce the top, and light the flame. It is a very ordinary sort of tin, but the first one of its shape was made by a French company called Application des Gaz S.A. I will call the company the "French Gaz" company, and the tin the "Gaz" tin. There is no copyright in the tin. But there is, or may be, copyright in a drawing of it which was made beforehand. The drawing was made by M. Robert Faure, a French citizen. He made it 18 years ago. France is, of course, a member of the Copyright Convention. French citizens are entitled to the protection of our copyright law, just as our own citizens."

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Added on April 10, 2026
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Original Language: English