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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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167
and other permitted societies, shall enjoy the exclusive right to
republish their works for thirty years. This term is to be calculated
a) from the date of their completion, for works dealing with a
single problem over one or several volumes and which may
therefore be appropriately regarded as belonging to a continuous
whole (this includes also lexical works);
b) but from the publication date of each single volume, for those
works which can only be regarded as ongoing collections of essays
and treatises on various subjects of scholarly research.
If, however, the authors arrange for separate editions of such essays and
treatises, they become eligible for the provisions specified by §§. 5. and 6.
§. 9. The exclusive right of publication and distribution of works, which
is vested in the author and his heirs, can be assigned by the former, wholly or
partially, to other persons by means of an agreement made for this specific
purpose.
§. 10. Whosoever encroaches on the exclusive right to which authors and their
heirs or legal successors are legally entitled, by making use of it without their
permission, shall be obliged to fully indemnify the affected party, and, in addition
to having all copies still in stock confiscated from him, he also becomes liable to
pay a fine of 50 - 1,000 thaler.
§. 11. If the work had already been published by the legitimate right-holder,
the sum of the indemnities to be paid will be adjudicated, depending on the circum-
stances, so as to correspond to the sales price of 50 - 1,000 copies of the legitimate
edition, unless, of course, the right-holder can prove that his losses were greater.
§. 12. The confiscated copies of the unlawful edition shall be destroyed
or handed over to the injured party at their request. In the latter case, however, the
injured party must accept that the costs expended on these copies by the convicted
defendant will be deducted from the compensation which is due to him.
§. 13. Whosoever knowingly offers for sale illegally reproduced works becomes
jointly liable with the unauthorised reprinter to indemnify the injured party, and,
apart from confiscation, must also pay a fine which is to be assessed according to §. 10.
§. 14. The offence of reprinting is committed when copies of a book are found
which have been produced in violation of the present provisions.
§. 15. Proceedings concerning the offences specified in §§. 2. 3. and 4.
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
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
167
and other permitted societies, shall enjoy the exclusive right to
republish their works for thirty years. This term is to be calculated
a) from the date of their completion, for works dealing with a
single problem over one or several volumes and which may
therefore be appropriately regarded as belonging to a continuous
whole (this includes also lexical works);
b) but from the publication date of each single volume, for those
works which can only be regarded as ongoing collections of essays
and treatises on various subjects of scholarly research.
If, however, the authors arrange for separate editions of such essays and
treatises, they become eligible for the provisions specified by §§. 5. and 6.
§. 9. The exclusive right of publication and distribution of works, which
is vested in the author and his heirs, can be assigned by the former, wholly or
partially, to other persons by means of an agreement made for this specific
purpose.
§. 10. Whosoever encroaches on the exclusive right to which authors and their
heirs or legal successors are legally entitled, by making use of it without their
permission, shall be obliged to fully indemnify the affected party, and, in addition
to having all copies still in stock confiscated from him, he also becomes liable to
pay a fine of 50 - 1,000 thaler.
§. 11. If the work had already been published by the legitimate right-holder,
the sum of the indemnities to be paid will be adjudicated, depending on the circum-
stances, so as to correspond to the sales price of 50 - 1,000 copies of the legitimate
edition, unless, of course, the right-holder can prove that his losses were greater.
§. 12. The confiscated copies of the unlawful edition shall be destroyed
or handed over to the injured party at their request. In the latter case, however, the
injured party must accept that the costs expended on these copies by the convicted
defendant will be deducted from the compensation which is due to him.
§. 13. Whosoever knowingly offers for sale illegally reproduced works becomes
jointly liable with the unauthorised reprinter to indemnify the injured party, and,
apart from confiscation, must also pay a fine which is to be assessed according to §. 10.
§. 14. The offence of reprinting is committed when copies of a book are found
which have been produced in violation of the present provisions.
§. 15. Proceedings concerning the offences specified in §§. 2. 3. and 4.