Gans: On the right to perform published stage plays, Berlin (1832)

Source: Private Collection

Gans: On the right to perform published stage plays, Berlin (1832), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

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Record-ID: d_1832

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Full title:
'On the right to the performance of published stage plays', included in the collection: 'Beiträge zur Revision der Preußischen Gesetzgebung'

Full title original language:
Über das Recht zur Aufführung gedruckter Theaterstücke: in: Beiträge zur Revision der Preußischen Gesetzgebung

This article by Eduard Gans was published in 1832 as part of a collection entitled 'Contributions to the Revision of Prussian Legislation' ('Beiträge zur Revision der preußischen Gesetzgebung'). Gans presents a draft for a future law to protect the rights of authors of plays even after these have appeared in print. It is one of the first German documents to explicitly justify an author's rights in performances of his work by reference to an individual right vested in the author's person. Even if unrestricted performance rights were not to be granted before 1901 in Germany, this article did at least help to pave the way for the implementation of restricted performance rights through the Prussian Copyright Act of 1837 (d_1837a). This commentary will look at Gans's intellectual development from a 'Hegelian un-baptised Christian' to a converted Protestant professor of law; at Gans's and Savigny's theories of property/ ownership and authors' rights; and at Gans's interesting contribution to the discussion which started around 1832 about possible amendments to Prussian copyright legislation.

1 Commentary:


Related documents in this database:

Author: Eduard Gans (1797-1839)

Publisher: Duncker & Humblot

Year: 1832

Location: Berlin

Language: German

Source: Private Collection

Persons referred to:
Neustetel, Leopold Josef

Places referred to:

Cases referred to:

Institutions referred to:
Federal Assembly (Bundestag) of the German Confederation

French law of 13 January 1791, concerning the works of living playwrights
French legislation on theatre censorship
Prussian Statute Book 1794 (ALR)

Enlightenment, the
Napoleonic Wars
authors' remuneration
authorship, legal concept of
authorship, theory of
dramatic works, protected subject matter
duration, post mortem term
editions, new
personality theory
property theory
property theory, authors' property
public domain
public performance
scribal publication

Responsible editor: Friedemann Kawohl

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