# Primary Sources on Copyright - Record Viewer
Prussian Copyright Act, Berlin (1837)

Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt

Citation:
Prussian Copyright Act, Berlin (1837), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 3 of 8 total



166

      2) the inclusion of separate articles, poems etc. in critical and
      literary-historical works and in compilations for school use;
      3) the publication of translations of already printed works.
      By way of exception, however, translations are to be regarded as
equivalent to reprints in the following cases:
      a) if a German translation of a work whose author had originally written
      and published it in an extinct language, is brought out without
      his permission.
      b) if the author of a book has had it published in several modern
      languages at the same time, and a new translation is, without his
      permission, undertaken into one of the languages in which it had
      originally appeared. If the author has announced on the title-page
      of the first edition his intention to bring out a translation of his
      work into a specific language, then this translation, provided that
      it appears within two years from the publication of the original work,
      is to be regarded as having appeared at the same time as the latter.
      §. 5. The protection against reprinting and equivalent actions (§§. 2 and 3),
which is provided by the present statute, will be vested in the author of a
work, sermon, or lecture for the duration of his lifetime.
      §. 6. The author's heirs shall also enjoy the same protection for thirty
years after the death of their testator, regardless of whether the work had
already appeared in print during his lifetime or not. Once these thirty years
have expired, the protection afforded by this statute ceases.
      §. 7. Insofar as one is dealing with reprinting proper (§§.1. and 2.),
the term of protection prescribed in §§. 5 and 6 is granted on the premise
that the real name of the author has been indicated on the title-page or
beneath the dedication or preface. A work published under an assumed name,
or without stating an author at all, shall be protected against reprinting
for fifteen years from its first publication, whereby, as far as the exercise
of this right is concerned, the publisher shall take the place of the unknown
author. If within these fifteen years the author's real name is divulged
either by himself or by his heirs, by means of a new impression or simply a
new title-page for the copies still in stock, then the work thereby becomes
eligible for the term of protection specified in §§. 5. and 6.
      §. 8. Academies, universities, public educational institutions, scholarly


    


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Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK