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Saxonian Statute, Dresden (1773)
Source: Sächsische Landesbibliothek - Staats- und Universitätsbibliothek Dresden Hist.Sax.K.17.m-1,misc.32, Hist.Sax.K.17-9,misc.69
Citation:
Saxonian Statute, Dresden (1773), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
11 translated pages
Chapter 1 Page 1
His
Serene Highness the Elector
of Saxony's
STATUTE
concerning the
BOOK TRADE.
Issued
in Dresden, 18 December 1773
___________________________________
Dresden, printed and available at the Court's Printing Office, privileged by
the Elector of Saxony.
Chapter 1 Page 2
We, Friedrich August, by the Grace of God, Duke of Saxony,
Jülich, Cleves, Berg, Engern and Westphalia, Arch-marshal and
Elector of the Holy Roman Empire, Landgrave of Thuringia,
Margrave of Meißen and Upper and Lower Lausitz, Burggrave
of Magdeburg, Prince-Count of Henneberg, Count of the
Marches, Ravensberg, Barby and Hanau, Lord of Ravenstein etc.
Chapter 1 Page 3
hereby let it be known that: although reprinting to the prejudice of
those who have acquired books from their authors in an honest way, and who may
well have received privileges for them, was already forbidden by the statute of
27 Febr. 1686, since then it has nevertheless been possible to observe how
unauthorised reprinting to the detriment of Our realm's book trade and printing-
houses has kept on increasing abroad and how reprinted books are even brazenly
imported into Our own lands.
As We are resolved to protect most vigorously legitimate publishers,
both native and foreign, against this and to defend in Our lands the right which
they have acquired from the authors or from Ourself:
We therefore establish, ordain and want that
1.
all native and foreign book publishers receive, with regard to any books they
have published in any part of Our realm, immediate justice against the reprinters
who introduce their wares into Our lands and thereby hinder the rightful publishers'
business, as soon as they make an appeal to the appointed authorities of the place
where this occurs; that the sale of the reprints is immediately forbidden and that
the reprinters are urged to repair the damage they have caused
Chapter 1 Page 4
by the promptest means of coercion.
However, in such a case the book publisher who is bringing the lawsuit must
properly demonstrate that he has by honest means acquired from the author the publishing
right to the book, translation, or other work in question, and, if he is a foreigner,
that in his native country reciprocity is observed in this matter with regard to Our
subjects.
2.
Since proving this is often subject to various difficulties and in some cases
can even be impossible, those publishers who wish to be exempted from it and be certain
of a swift administration of justice, as well as those foreign publishers who want to
seek protection for those books of theirs that are not published in Our lands, must
either apply for a privilege from us, as has so far been customary, or they may also
3.
have the books they publish recorded in a register to be kept by the Book Commission
in Leipzig in accordance with the regulation sub A. that has been
established for this purpose. Since We attribute to such registration the same force
Chapter 1 Page 5
force and effect as an explicitly granted privilege, this means that
4.
in Our Electorate and all other territories the reprinting of such registered books,
and no less the importing, sale, exchange or charging to account of foreign reprints
of such books during and outside of the book fairs is to be forbidden just as if
they were privileged books; and those who produce or import such reprints are to have
the imported copies confiscated from them, or, where it is no longer possible to get
hold of these, they are to pay down their value, and, in both cases, in addition to
this they are also to be made to pay a fine of fifty reichsthaler, of which half is
to go to Our treasury and the other half to the publisher.
Cognizance in such cases where they occur in Leipzig is to be the responsibility
of Our Book Commission and elsewhere of the appointed local authority which is to proceed
with the execution of justice immediately upon the mere production of the relevant
privilege or of the certificate of registration.
5.
The pretence that the reprinted copies were just being conveyed in transit
through Our lands will be of no avail if the copies have been unpacked or stored to
be sold by
Chapter 1 Page 6
commission or by forwarding agents. Moreover, those who let themselves be used as
factors or sub-agents for the sale of reprints, or who abet this sale by concealment
or otherwise, are to be subject to discretionary punishment.
6.
However, the book publishers who are in this way guaranteed Our sovereign
protection must in their turn see to it that the public is supplied with their books
in a sufficient number of copies, printed accurately on good quality paper and, not
least, sold for reasonable prices, and that there is no cause anywhere for justified
complaints in this respect.
Therefore, if it comes to Our notice that the granted authorisation is
being abused or not used at all, or that a poor edition or translation is merely
holding back a better one, or that the price of a book- especially those that are
necessary for divine service or school teaching- is being raised beyond what is fair
and just, We reserve the right- after an adequate investigation into the case has
taken place- to cancel that authorisation and to either transfer it to another,
more fair-minded, publisher or to release the book for printing by anyone.
This is to be observed most obediently by all, and in any cases that may
occur everything herein is to be followed strictly.
Chapter 1 Page 7
In proof of which We have put Our own hand and seal to this statute and ordered it
to be published preceded by an impression of Our Electoral privy seal.
Done at Dresden, 18 December 1773.
FRIEDRICH AUGUST.
[place of the seal]
Thomas, Baron von Fritsch.
Christian August Menius
Chapter 1 Page 8
A.
Regulation,
on how the register kept by the Book Commission
is to be arranged.
Since His Serene Highness, the Elector of Saxony is most benevolently inclined
to promote the book trade more and more, and for this purpose wishes not only that the
privileges of all those to whom they have been granted be protected, H.H. has also most
graciously ordained that, upon the due application of native and foreign publishers for
the greater benefit of their business, all books which these have had recorded in a register
to be kept by the Book Inspector at the Book Commission in Leipzig are to enjoy the same
rights as the books invested with actual privileges. With regard to this the following
regulation has been laid down and is provided to the Book Commission so that it may be
observed and abided by.
I.
Every bookseller is entitled, as before, to apply for and obtain sovereign
privileges for the books he has legitimately acquired.
II.
In those cases, though, where a publisher does not intend to apply for such
privileges, all local and foreign booksellers who have stalls at the Leipzig book fair
can have those books they have brought out, and to which they can demonstrate their
[publishing] right,
Chapter 1 Page 9
entered into a register of the Book Commission to be kept by the respective
Book Inspector. This registration is to have the same force and effect as a
privilege and shall enjoy the same sovereign protection.
III.
The aforementioned booksellers who take part in the Leipzig book
fair can have all their new and future publications recorded in this register.
The following must, however, be observed:
1) these publishers must be able to prove to the Book Commission that they are
the legitimate publishers; the evidence they provide is to be investigated by
the Commission without delay and in doubtful cases the latter must present a
report with expert opinion to the Church-Committee of the Electorate of Saxony.
2) the publisher must give the full title of the book and promise that he will
make it available printed accurately on good quality paper and indicating the
publisher's name, whereby the general phrase: "published by the Society of
booksellers" cannot be accepted;
Then the publisher must make preparations for printing the book so
that he can present it complete to the public within the space of a year at
most (or, in the case of long works, that he can at least provide part of it
within this period), or he must indicate in good time the reasons which prevent
him from fulfilling this requirement. Otherwise he is to lose the right which
he gained by registration.
3) Any bookseller is free to have those books he has already published, as
long as they haven't already been privileged, entered into the register. He
must, however, observe the requirements stated above in point 2.
4) In the case of translations, the publisher who applies first to be
registered with the Book Commission is to have precedence.
Chapter 1 Page 10
He must, however, provide the public with a complete translation within a year
at most (or, in the case of large works, with at least a part of it) as explained
in the above warning. Moreover, every publisher must see to it that the translations
he brings out are of a good quality. If upon examination a published translation is
found to be poor and inaccurate, this will be taken seriously with the result that
another publisher may well be given permission to bring out an improved translation.
And just as
IV.
those books that are registered in the aforesaid manner are to enjoy the same
protection as privileged books, so, similarly, this registration is to have force
and effect only for ten years, as with actually privileged books. The publisher
can, however, have them registered again shortly before expiry of this term and
always retains precedence over other publishers.
V.
The booksellers must provide the Book Commission with twenty copies of
every old and new registered book (fifteen copies in the case of books that cost
more than 3 thalers) for further distribution, and must provide this number of
copies for all new editions too. For each book they must also pay 1 thaler of
stamp duty and 4 groschen to the registrar of the Commission.
VI.
The Book Commission must every three months send the Electorate’s
Church-Committee a list of the books entered into the register,
Chapter 1 Page 11
and, as with book privileges, it must announce these registrations at each Easter-
or Michaelmas-fair to the booksellers attending the fair. If requested it must
also provide them with extracts from the register upon payment of charges.
VII.
In order that everything possible be done for the promotion of the book
trade, the booksellers with stalls in the Leipzig fair are free to elect deputies
from their own resources, namely:
a) three Saxon booksellers, of which two should be from Leipzig, and one from another
town of the Electorate,
b) and six from amongst the foreign booksellers who visit the fair from other states
and Imperial free cities in which several publishing houses are located. These are
to look after the common interests of the book trade and for this purpose can lodge
due complaints with the Book Commission. In cases of doubt the Book Commission is
to request the written or oral reports of these deputies and accordingly take them
into account. Generally, though, in all such book matters the Commission is to
proceed without the circumstantiality of a legal trial and without delay, and,
where necessary, it is to promptly submit a report to the Electorate of Saxony's
Church-Committee and await the latter's resolution.
Translation by: Luis Sundkvist
Source: Sächsische Landesbibliothek - Staats- und Universitätsbibliothek Dresden Hist.Sax.K.17.m-1,misc.32, Hist.Sax.K.17-9,misc.69
Citation:
Saxonian Statute, Dresden (1773), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
11 translated pages
Chapter 1 Page 1
Serene Highness the Elector
of Saxony's
STATUTE
concerning the
BOOK TRADE.
Issued
in Dresden, 18 December 1773
___________________________________
Dresden, printed and available at the Court's Printing Office, privileged by
the Elector of Saxony.
Chapter 1 Page 2
We, Friedrich August, by the Grace of God, Duke of Saxony,
Jülich, Cleves, Berg, Engern and Westphalia, Arch-marshal and
Elector of the Holy Roman Empire, Landgrave of Thuringia,
Margrave of Meißen and Upper and Lower Lausitz, Burggrave
of Magdeburg, Prince-Count of Henneberg, Count of the
Marches, Ravensberg, Barby and Hanau, Lord of Ravenstein etc.
Chapter 1 Page 3
hereby let it be known that: although reprinting to the prejudice of
those who have acquired books from their authors in an honest way, and who may
well have received privileges for them, was already forbidden by the statute of
27 Febr. 1686, since then it has nevertheless been possible to observe how
unauthorised reprinting to the detriment of Our realm's book trade and printing-
houses has kept on increasing abroad and how reprinted books are even brazenly
imported into Our own lands.
As We are resolved to protect most vigorously legitimate publishers,
both native and foreign, against this and to defend in Our lands the right which
they have acquired from the authors or from Ourself:
We therefore establish, ordain and want that
all native and foreign book publishers receive, with regard to any books they
have published in any part of Our realm, immediate justice against the reprinters
who introduce their wares into Our lands and thereby hinder the rightful publishers'
business, as soon as they make an appeal to the appointed authorities of the place
where this occurs; that the sale of the reprints is immediately forbidden and that
the reprinters are urged to repair the damage they have caused
Chapter 1 Page 4
by the promptest means of coercion.
However, in such a case the book publisher who is bringing the lawsuit must
properly demonstrate that he has by honest means acquired from the author the publishing
right to the book, translation, or other work in question, and, if he is a foreigner,
that in his native country reciprocity is observed in this matter with regard to Our
subjects.
Since proving this is often subject to various difficulties and in some cases
can even be impossible, those publishers who wish to be exempted from it and be certain
of a swift administration of justice, as well as those foreign publishers who want to
seek protection for those books of theirs that are not published in Our lands, must
either apply for a privilege from us, as has so far been customary, or they may also
have the books they publish recorded in a register to be kept by the Book Commission
in Leipzig in accordance with the regulation sub A. that has been
established for this purpose. Since We attribute to such registration the same force
Chapter 1 Page 5
force and effect as an explicitly granted privilege, this means that
in Our Electorate and all other territories the reprinting of such registered books,
and no less the importing, sale, exchange or charging to account of foreign reprints
of such books during and outside of the book fairs is to be forbidden just as if
they were privileged books; and those who produce or import such reprints are to have
the imported copies confiscated from them, or, where it is no longer possible to get
hold of these, they are to pay down their value, and, in both cases, in addition to
this they are also to be made to pay a fine of fifty reichsthaler, of which half is
to go to Our treasury and the other half to the publisher.
Cognizance in such cases where they occur in Leipzig is to be the responsibility
of Our Book Commission and elsewhere of the appointed local authority which is to proceed
with the execution of justice immediately upon the mere production of the relevant
privilege or of the certificate of registration.
The pretence that the reprinted copies were just being conveyed in transit
through Our lands will be of no avail if the copies have been unpacked or stored to
be sold by
Chapter 1 Page 6
commission or by forwarding agents. Moreover, those who let themselves be used as
factors or sub-agents for the sale of reprints, or who abet this sale by concealment
or otherwise, are to be subject to discretionary punishment.
However, the book publishers who are in this way guaranteed Our sovereign
protection must in their turn see to it that the public is supplied with their books
in a sufficient number of copies, printed accurately on good quality paper and, not
least, sold for reasonable prices, and that there is no cause anywhere for justified
complaints in this respect.
Therefore, if it comes to Our notice that the granted authorisation is
being abused or not used at all, or that a poor edition or translation is merely
holding back a better one, or that the price of a book- especially those that are
necessary for divine service or school teaching- is being raised beyond what is fair
and just, We reserve the right- after an adequate investigation into the case has
taken place- to cancel that authorisation and to either transfer it to another,
more fair-minded, publisher or to release the book for printing by anyone.
This is to be observed most obediently by all, and in any cases that may
occur everything herein is to be followed strictly.
Chapter 1 Page 7
In proof of which We have put Our own hand and seal to this statute and ordered it
to be published preceded by an impression of Our Electoral privy seal.
Done at Dresden, 18 December 1773.
FRIEDRICH AUGUST.
Thomas, Baron von Fritsch.
Christian August Menius
Chapter 1 Page 8
on how the register kept by the Book Commission
is to be arranged.
Since His Serene Highness, the Elector of Saxony is most benevolently inclined
to promote the book trade more and more, and for this purpose wishes not only that the
privileges of all those to whom they have been granted be protected, H.H. has also most
graciously ordained that, upon the due application of native and foreign publishers for
the greater benefit of their business, all books which these have had recorded in a register
to be kept by the Book Inspector at the Book Commission in Leipzig are to enjoy the same
rights as the books invested with actual privileges. With regard to this the following
regulation has been laid down and is provided to the Book Commission so that it may be
observed and abided by.
Every bookseller is entitled, as before, to apply for and obtain sovereign
privileges for the books he has legitimately acquired.
In those cases, though, where a publisher does not intend to apply for such
privileges, all local and foreign booksellers who have stalls at the Leipzig book fair
can have those books they have brought out, and to which they can demonstrate their
[publishing] right,
Chapter 1 Page 9
entered into a register of the Book Commission to be kept by the respective
Book Inspector. This registration is to have the same force and effect as a
privilege and shall enjoy the same sovereign protection.
The aforementioned booksellers who take part in the Leipzig book
fair can have all their new and future publications recorded in this register.
The following must, however, be observed:
1) these publishers must be able to prove to the Book Commission that they are
the legitimate publishers; the evidence they provide is to be investigated by
the Commission without delay and in doubtful cases the latter must present a
report with expert opinion to the Church-Committee of the Electorate of Saxony.
2) the publisher must give the full title of the book and promise that he will
make it available printed accurately on good quality paper and indicating the
publisher's name, whereby the general phrase: "published by the Society of
booksellers" cannot be accepted;
Then the publisher must make preparations for printing the book so
that he can present it complete to the public within the space of a year at
most (or, in the case of long works, that he can at least provide part of it
within this period), or he must indicate in good time the reasons which prevent
him from fulfilling this requirement. Otherwise he is to lose the right which
he gained by registration.
3) Any bookseller is free to have those books he has already published, as
long as they haven't already been privileged, entered into the register. He
must, however, observe the requirements stated above in point 2.
4) In the case of translations, the publisher who applies first to be
registered with the Book Commission is to have precedence.
Chapter 1 Page 10
He must, however, provide the public with a complete translation within a year
at most (or, in the case of large works, with at least a part of it) as explained
in the above warning. Moreover, every publisher must see to it that the translations
he brings out are of a good quality. If upon examination a published translation is
found to be poor and inaccurate, this will be taken seriously with the result that
another publisher may well be given permission to bring out an improved translation.
And just as
those books that are registered in the aforesaid manner are to enjoy the same
protection as privileged books, so, similarly, this registration is to have force
and effect only for ten years, as with actually privileged books. The publisher
can, however, have them registered again shortly before expiry of this term and
always retains precedence over other publishers.
The booksellers must provide the Book Commission with twenty copies of
every old and new registered book (fifteen copies in the case of books that cost
more than 3 thalers) for further distribution, and must provide this number of
copies for all new editions too. For each book they must also pay 1 thaler of
stamp duty and 4 groschen to the registrar of the Commission.
The Book Commission must every three months send the Electorate’s
Church-Committee a list of the books entered into the register,
Chapter 1 Page 11
and, as with book privileges, it must announce these registrations at each Easter-
or Michaelmas-fair to the booksellers attending the fair. If requested it must
also provide them with extracts from the register upon payment of charges.
In order that everything possible be done for the promotion of the book
trade, the booksellers with stalls in the Leipzig fair are free to elect deputies
from their own resources, namely:
a) three Saxon booksellers, of which two should be from Leipzig, and one from another
town of the Electorate,
b) and six from amongst the foreign booksellers who visit the fair from other states
and Imperial free cities in which several publishing houses are located. These are
to look after the common interests of the book trade and for this purpose can lodge
due complaints with the Book Commission. In cases of doubt the Book Commission is
to request the written or oral reports of these deputies and accordingly take them
into account. Generally, though, in all such book matters the Commission is to
proceed without the circumstantiality of a legal trial and without delay, and,
where necessary, it is to promptly submit a report to the Electorate of Saxony's
Church-Committee and await the latter's resolution.
Translation by: Luis Sundkvist