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Reprinting Regulation for the Grand Duchy of Baden, Karlsruhe (1806)

Source: Scanned from a copy in the Stadtarchiv Villingen-Schwenningen

Reprinting Regulation for the Grand Duchy of Baden, Karlsruhe (1806), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 1 of 2 total


We, Carl Friedrich, by the Grace of GOD Grand Duke of
Baden, Duke of Zähringen etc.

            Previously, whilst the federation of the German Imperial
territories was still in existence, We considered it unfeasible and
unadvisable in many a respect to issue a directive on publishing
right and its legal situation with regard to reprinting. However,
now that complete sovereignty has fallen to us, We have deemed it
necessary to apply closer scrutiny to the matter so as to issue a
regulation relating thereto which conforms with the public weal.
Considering that in accordance with the natural principles of human
fellowship and community alone, someone who has given open expression
to his thoughts – regardless of whatever intention he had and whether
he did so in writing or in print – cannot legally prevent anyone else
from making use of a legitimately acquired record of these thoughts
as it may suit that person’s interests unless during this legitimate
transaction some limiting condition to this effect had been agreed
to by the parties involved; considering also that when a printer
makes such a purchase the non-reprinting [of the purchased work]
cannot be regarded as a tacit agreement to a limiting condition of
this kind, since with the same right that the seller can argue that
as part of this sale he had taken for granted that [the work] would
not be reproduced by reprinting, the buyer is equally entitled to
claim that as the sole condition of his purchase he had had in mind
precisely the right to reproduce the work; considering that therefore
only the State compact or, rather, the will of the State legislator
which formulates this compact is able to decide what should hold
legally with regard to the conditions of ownership of publishing
rights; considering, furthermore, that when determining this will of
the State the encouragement of writers and publishers to bring to
light useful works of the intellect must be a principal argument,
although on the other hand this should not be seen as the only
determining factor, for at the same time the promotion, as far as
is possible, of the circulation of useful ideas and
a beneficial obstruction of the circulation of any harmful or at
any rate useless printed works must also be seen as an equally just
aim; and, finally, considering that the geographical position and
size of Our lands would not permit us to achieve all of these aims if
we were to seek to keep Ourselves wholly separate from the situation
pertaining to other States, We have deemed it necessary to lay down
the following legislation which is to apply to all works in Our Grand
Duchy that have not appeared in print as yet.

            We hereby resolve and decree that:

            1) No works of State (that is, works which appear in print
by public decree) may be reproduced by printing in any way or in any
modified form unless special State permission has been duly applied
for and granted.

            2) Any native private author who publishes a work under his
name is to enjoy privilege and protection for life against any domestic
reprinting and any home sales of reprints that have been manufactured
abroad, irrespective of whether his original work was printed at home
or abroad. This privilege is to carry on for a year after his death
so as to allow, if possible, the sale of any copies of the original
publication still in stock. After this period, the work may be reprinted
freely except where the interested parties have applied in due course
of time to the Sovereign to dispose otherwise.

            3) Any native publisher of works by unnamed or foreign authors
is to enjoy the same protection only if he obtains for such publications
a sovereign privilege


No Transcription available.

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