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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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170
was brought about, are still usable. The provision laid down in §. 23. is also
applicable here.
§. 30. The provisions of §§. 10. - 16. shall also be applied with regard to
works of art and graphic representations of all kinds.
The confiscation prescribed in §. 10. is also to be extended to the apparatus
used to carry out the reproduction of works of art, i.e. to plates, moulds, stones etc.
§. 31. If there are any doubts as to whether a copy falls under the categories
specified in §. 18 or §. 21; or whether, in the case of §. 20, a piece of music is to
be regarded as a composition in its own right or as a reprint; or whether, in the cases
specified in §§. 21 - 29, a reproduction is to be considered illegal; or as to how high
the amount of compensation due to the injured party should be set; or whether the condition
specified in §. 29 concerning the usability of plates, moulds, and models is still valid,
then the judge must, as in §. 17, request a report from an association of experts.
The establishment of such associations, which are preferably to be made up of
connoisseurs and esteemed artists, is likewise subject to the order mentioned in §. 17.
§. 32. The public performance of a dramatic or musical work, be it wholly or partially or
with insignificant abridgements, may only take place with the permission of the author,
his heirs or legal successors, as long as the work has not been published by means of
printing. The exclusive right to grant this permission is vested in the author for life,
and in his heirs or legal successors for a period of ten years after his death.
§. 33. If, however, the author has given permission to a specific theatre to perform
the play without stating his name, then no exclusive right against other theatres applies.
§. 34. Whosoever publicly performs, contrary to the exclusive right of the author or
his legal successors, a dramatic or musical work that has not yet been published in print,
becomes liable to pay a fine of 10 - 100 thaler.
If the unauthorised performance of a dramatic work takes play in a theatre-house, then
the whole takings for every performance are to be paid as a fine, without deduction of the
expenses incurred to put on the performance and regardless of whether that play was performed
on its own or in conjunction with another work.
Of the aforementioned fines, two thirds are to go to the author or his heirs, and one
third to the local poor-box.
§. 35. The present statute shall also be applied in favour of
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
170
was brought about, are still usable. The provision laid down in §. 23. is also
applicable here.
§. 30. The provisions of §§. 10. - 16. shall also be applied with regard to
works of art and graphic representations of all kinds.
The confiscation prescribed in §. 10. is also to be extended to the apparatus
used to carry out the reproduction of works of art, i.e. to plates, moulds, stones etc.
§. 31. If there are any doubts as to whether a copy falls under the categories
specified in §. 18 or §. 21; or whether, in the case of §. 20, a piece of music is to
be regarded as a composition in its own right or as a reprint; or whether, in the cases
specified in §§. 21 - 29, a reproduction is to be considered illegal; or as to how high
the amount of compensation due to the injured party should be set; or whether the condition
specified in §. 29 concerning the usability of plates, moulds, and models is still valid,
then the judge must, as in §. 17, request a report from an association of experts.
The establishment of such associations, which are preferably to be made up of
connoisseurs and esteemed artists, is likewise subject to the order mentioned in §. 17.
§. 32. The public performance of a dramatic or musical work, be it wholly or partially or
with insignificant abridgements, may only take place with the permission of the author,
his heirs or legal successors, as long as the work has not been published by means of
printing. The exclusive right to grant this permission is vested in the author for life,
and in his heirs or legal successors for a period of ten years after his death.
§. 33. If, however, the author has given permission to a specific theatre to perform
the play without stating his name, then no exclusive right against other theatres applies.
§. 34. Whosoever publicly performs, contrary to the exclusive right of the author or
his legal successors, a dramatic or musical work that has not yet been published in print,
becomes liable to pay a fine of 10 - 100 thaler.
If the unauthorised performance of a dramatic work takes play in a theatre-house, then
the whole takings for every performance are to be paid as a fine, without deduction of the
expenses incurred to put on the performance and regardless of whether that play was performed
on its own or in conjunction with another work.
Of the aforementioned fines, two thirds are to go to the author or his heirs, and one
third to the local poor-box.
§. 35. The present statute shall also be applied in favour of