PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

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

Source: Private Collection

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

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Record-ID: d_1832

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_d_1832

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

Abstract:
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:
commentary_d_1832

Bibliography:
N/A

Related documents in this database:
N/A

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:
France

Cases referred to:
N/A

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

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

Keywords:
Enlightenment, the
Napoleonic Wars
adaptation
authors' remuneration
authorship, legal concept of
authorship, theory of
defamation
dramatic works, protected subject matter
duration, post mortem term
editions, new
idea/expression
licensing
manuscript
personality theory
privileges
property theory
property theory, authors' property
public domain
public performance
reprints
reputation
royalty/royalties
scribal publication

Responsible editor: Friedemann Kawohl


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