PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Fritsch: Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders, Regensburg (1750)

Source: Scanned from a reprint edition, edited by Reinhard Wittmann (Munich, 1981) and based on a copy held at the Herzog August-Bibliothek in Wolfenbüttel

Citation:
Fritsch: Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders, Regensburg (1750), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: d_1750

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_d_1750

Full title:
'Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders - specifically on their statutes, liberties, disputes, on censorship and the inspection of their printing offices and bookshops, on ordinances etc.' (German translation of the Latin original published in Jena in 1675, under the title 'Tractatus de Typographis, Bibliopolis, Chartariis et Bibliopegis' )

Full title original language:
Abhandlungen von denen Buchdruckern, Buchhändlern, Papiermachern und Buchbindern. INsbesonderheit von deren Statuten, Freyheiten, Streitgkeiten, der Bücher-Censur, Inspection derer Buchdruckereyen= und Buchläden, Ordnungen etc.

Abstract:
Fritsch' s views on authors' rights to new editions and his notion that the author may expect to gain honour but not profit, are probably based on his own experiences and hopes as an author and lecturer. However, when he presents a detailed justification of book privileges, Fritsch proves himself to be a judicious political theorist: privileges do not fall into the general category of monopolies which are to be rejected. He gives three reasons for arguing thus: (i) the demands of natural justness ('natürliche Billigkeit'), whereby the first publishers have to be protected, so that they may recoup their investment; (ii) publishers are encouraged ('angefrischet') by the award of privileges to have valuable new books printed at their expense; (iii) privileges are granted only for a limited term, so that they cannot seriously harm the public in any way. These three aspects sound quite modern: a special protection is justified on the grounds of the natural right not to suffer unjust damages and to recoup what one has invested. Furthermore, such special protection is justified as the means of providing an incentive for further publishing ventures. Nevertheless, such exemptions from the general rejection of monopolies are only to be allowed for a strictly limited term.

Commentary: No commentaries for this record.

Bibliography:
  • Gieseke, Ludwig. 'Vom Privileg zum Urheberrecht' (Baden-Baden: Nomos, 1995)

  • Frohne, Renate. 'Ahasver Fritsch und das Urheberrecht', in 'Historische Studien zum Urheberrecht in Europa', ed. by Elmar Wadle (Berlin 1992), 11'20


Related documents in this database:
1658: Schupp: The Book Thief

Author: Anonymous translation of a work by Ahasver Fritsch (1629-1701)

Publisher: Christian Gottlieb Seiffart

Year: 1750

Location: Regensburg

Language: German

Source: Scanned from a reprint edition, edited by Reinhard Wittmann (Munich, 1981) and based on a copy held at the Herzog August-Bibliothek in Wolfenbüttel

Persons referred to:
Carpzov, Benedict Jr
Fritsch, Ahasver

Places referred to:
N/A

Cases referred to:
N/A

Institutions referred to:
N/A

Legislation:
Imperial laws forbidding monopolies 1548 and 1577

Keywords:
author/publisher relations
authorship, legal concept of
book market
book trade
defences and exemptions
duration
editions, new
foreign reprints
importation
monopoly
natural rights
privileges
privileges, German Imperial
privileges, fictitious
property analogies
public good
reputation
typography

Responsible editor: Friedemann Kawohl


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