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2 translated pages

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Chapter 1 Page 1

CONCERNING THE REPRINTING OF BOOKS

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

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Chapter 1 Page 2

from Us or Our successors in government and if he indicates
his possession of such a privilege, as well as its length
of tenure, on the title page of the given work; he is to enjoy
this protection only for the period specified in the privilege
(the time period must be specified in any case). Anything
published by Our booksellers and printers before the
promulgation of this law, even if it does not meet these
formal requirements, is nevertheless also to come under the
protection of this privilege for five years henceforth, as
long as the place of publication and the publisher’s name
are honestly declared on the title page.

            4) Foreign publishers of original works whose
authors are named or who have indicated on the title page
a printing privilege from their respective States are to
enjoy the same aforementioned protection as native publishers
against any manufacture and sale of reprints in Our lands
as long and insofar as they are able to demonstrate that
Our publishers would be entitled to the same protection
against reprinting in those respective States.

            5) The violation of this law gives the author –
if he is named on the pages of the given book – and the
publisher a right to sue for all still available reprint
copies to be handed over to him on payment of no more than
the books’ price as waste paper so that he can destroy them
(which he is indeed obliged to do if he demands the surrender
of these copies) and for compensation amounting to twice
the price of the original edition for every reprint copy
that is proved to have been sold. This is to be done in
such a way that the first of the two – the author or the
publisher – to present a claim shall be heard, but that once
such compensation has been received, the reprinter is no
longer liable to pay any further damages, which means that
the other rightful complainant must address any request for
compensation to the first plaintiff and to no one else. In
addition to this, however, the reprinter is liable to a police
fine of as many Imperial thaler as there are sheets in the
original work he had reprinted.

            6) Insofar as there are, accordingly, still certain
cases in which reprinting is not punishable – either because
the original work was published in a State which fosters
reprinting or because [after expiry of the privilege] the
work in question may now be republished freely by anyone –
such indemnity may, however, only be invoked by those who
by openly indicating the place of the reprint and the printing-
house used, or by any other means, have shown that the printing
they have undertaken is an honest enterprise. Those, on the
other hand, who seek to give their reprints the appearance
of printed goods from an established publishing house by
imitating the latter’s printing-types as well as arrogating
the name and place of publication indicated in the original
works, are liable not just to payment of damages as described
above, but also to a fine in accordance with the law on
forgeries – whereby this penalty must be meted so as to exceed
the above police fine by at least a third.

            Everyone is to pay heed to this and take care not to
come to grief accordingly. Such is Our will. Issued in Our
city of Baden, on 8 September 1806.

                                                      By special order of the Grand Duke:
                                                                  His Highness’s Privy Councillors



Translation by: Luis A. Sundkvist