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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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168
shall not to be initiated ex officio but, rather, only at the request of
the injured party.
If the publisher of the work does not want to make such a request, then the author
or his heirs can do so, insofar as they still retain an interest which is independent from
that of the publisher.
§. 16. Once proceedings have been initiated, the claim may be withdrawn with regard to
compensation, but not as far as the confiscation and fine are concerned.
§. 17. If the judge is in doubt as to whether a printed work is to be regarded as a reprint
an illegal copy, or if the amount of compensation to be paid is disputed, then the judge must
obtain an opinion from an association made up of experts.
The establishment of one or several of these experts' associations, which are to consist
predominantly of esteemed writers, is subject to a special order which is to be issued by Our
State Ministry.
§. 18. What is prescribed above in §§. 1., 2., 5. to 17. regarding the exclusive right to
reproduce written works, is to be applied likewise to geographical, topographical, scientific,
architectural and similar drawings and illustrations, which, in accordance with their principal
function, cannot be classified as works of art (§. 21).
§. 19. The same provisions apply with regard to the exclusive right to the reproduction of
musical compositions.
§. 20. It shall be treated as equivalent to reprinting if somebody, without the author's
consent, publishes extracts, arrangements for various instruments, or other types of adaptation,
which cannot be regarded as original compositions in their own right.
§. 21. The reproduction of drawings or paintings by means of copper engraving, steel
engraving, woodcut, lithography, colour printing, tracing etc. is forbidden, when it is carried
out without the consent of the author of the original work of art or his legal successors.
§. 22. The copying of sculptures of any kinds by means of making casts, models etc. is
forbidden under the same condition.
§. 23. With regard to these prohibitions (§§ 21. and 22.), it is irrelevant whether the
copy was made in dimensions different to those of the reproduced work, or with any other
deviations from it, unless these alterations happened to be so predominant that the product
could rightly be regarded not as a mere reproduction, but as an original work of art.
§. 24. It is not to be regarded as an illegal imitation, if
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
168
shall not to be initiated ex officio but, rather, only at the request of
the injured party.
If the publisher of the work does not want to make such a request, then the author
or his heirs can do so, insofar as they still retain an interest which is independent from
that of the publisher.
§. 16. Once proceedings have been initiated, the claim may be withdrawn with regard to
compensation, but not as far as the confiscation and fine are concerned.
§. 17. If the judge is in doubt as to whether a printed work is to be regarded as a reprint
an illegal copy, or if the amount of compensation to be paid is disputed, then the judge must
obtain an opinion from an association made up of experts.
The establishment of one or several of these experts' associations, which are to consist
predominantly of esteemed writers, is subject to a special order which is to be issued by Our
State Ministry.
§. 18. What is prescribed above in §§. 1., 2., 5. to 17. regarding the exclusive right to
reproduce written works, is to be applied likewise to geographical, topographical, scientific,
architectural and similar drawings and illustrations, which, in accordance with their principal
function, cannot be classified as works of art (§. 21).
§. 19. The same provisions apply with regard to the exclusive right to the reproduction of
musical compositions.
§. 20. It shall be treated as equivalent to reprinting if somebody, without the author's
consent, publishes extracts, arrangements for various instruments, or other types of adaptation,
which cannot be regarded as original compositions in their own right.
§. 21. The reproduction of drawings or paintings by means of copper engraving, steel
engraving, woodcut, lithography, colour printing, tracing etc. is forbidden, when it is carried
out without the consent of the author of the original work of art or his legal successors.
§. 22. The copying of sculptures of any kinds by means of making casts, models etc. is
forbidden under the same condition.
§. 23. With regard to these prohibitions (§§ 21. and 22.), it is irrelevant whether the
copy was made in dimensions different to those of the reproduced work, or with any other
deviations from it, unless these alterations happened to be so predominant that the product
could rightly be regarded not as a mere reproduction, but as an original work of art.
§. 24. It is not to be regarded as an illegal imitation, if