# Primary Sources on Copyright - Record Viewer
Baden Civil Code, Karlsruhe (1809)

Source: Scanned from a copy held at the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte. Available online at: http://dlib-pr.mpier.mpg.de

Baden Civil Code, Karlsruhe (1809), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 2 of 3 total


Fifth Section.

On Literary Ownership.

      577 d a. Any treatise that has been written down is the original property
of the person who has composed it, as long as he did not execute it by order
of someone else and for the latter’s benefit – in such a case, the treatise
would be owned by the person who had commissioned it.

      577 d b. Literary ownership covers not just the manuscript, but also its
content. Included in this concept, therefore, is the right to dispose as one
pleases of its reproduction by means of copying or reprinting.

      577 d c. Like any other type of property, literary ownership can pass to
others in appropriate cases.

      577 d d. Someone [i.e. an author] who hands over a manuscript to have it
printed off for publication by himself, in no way divests himself of his ownership.
      However, someone who hands over a manuscript for publication by the receiver
– be it free of charge or for an agreed price – thereby completely cedes his
property in the manuscript and limits his property in the content in accordance
with the [receiver’s] right of publishing.

      577 d e. These limitations – in as far as the publishing contract has not
stipulated otherwise or laid down any additional clauses – are such that the
publisher may have as many copies printed for his edition as he pleases, but he
is not allowed to repeat the edition without the consent of the owner.


No Transcription available.

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