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Ordinance on the Establishment of Societies of Copyright Experts, Berlin (1838)
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Ordinance on the Establishment of Societies of Copyright Experts, Berlin (1838), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
4 translated pages
Chapter 1 Page 1
Code of Laws
for the
Royal Prussian Lands.
1838
_____________
Contains
the statutes from 6 January up to 29 November 1838,
as well as statutes from the year 1837.
(From Nr.1855 to Nr.1951)
Nr. 1 up to and including Nr. 37
__________________
Berlin,
available at the Joint Office for Sales of Codes of Law and Newspapers.
Chapter 1 Page 2
- 277 -
Code of Laws
for the
Royal Prussian Lands
_____________________
-- Nr. 19 --
_____________________
(Nr. 1896) Ordinance for the establishment of the Societies of Experts
mentioned under §§. 17 and 31 of the Statute of 11 June 1837 for the protection
of property in works of scholarship and art against reprinting and reproduction.
[Enacted] on 15 May 1838.
In accordance with the provisions of the Statute of 11 June 1837, the Ministry
of State issues the following ordinance for the establishment of the Societies of
Experts mentioned under §. 17 and 31 ibid.
1) For the time being Societies of Experts, who, upon the eventual request
of the courts, are to submit the reports mentioned in the Statute of 11 June 1837, regarding
the existence of a reprint, an illicit copy or an unauthorized reproduction, as well as the
possible amount of compensation to be paid in such cases as may arise, are to be set up
only here, in the capital, but covering the whole Kingdom.
2) Three such Societies will be established, of which each one shall consist of
seven members, including the chairman.
3) One of these Societies shall have the task of deciding, in any such cases as may
arise, the question as to whether a printed publication (§§. 1, 2, 5-17 of the said law) or
a geographical, topographical, scientific, architectural and suchlike drawing (§. 18), which
in accordance with its main function is not to be regarded as a work of art, is to be treated
as a reprint or unauthorized copy, and, likewise, how much compensation is to be granted
to the injured party.
- When appointing the members of this Society, it is to be ensured that the latter includes at
least two booksellers (and, what is more, booksellers who are not exclusively engaged in retail
trading) [i.e. publishers] and at least two writers.
For the case described in §. 18 of the Statute of 11 June 1837,
Chapter 1 Page 3
- 278 -
an expert, who as a draughtsman, engraver, or otherwise, is familiar with the production
of such copies as are mentioned in §. 18 ibid., is to be included once and for all as a
permanent member of the Society alongside the other members.
4) The second Society has to pass an opinion exclusively on the following matters: whether an
instance of illicit reproduction of musical compositions has occurred, whether the
work of music in question is to be regarded as an original composition or as an adaptation which,
according to §. 20 ibid., is to be treated as equivalent to a reprint, and what sum of compensation
is to be paid should that prove to be the case.
This Society is to be composed of musical experts, amongst which there must be at least
two music dealers [publishers].
5) The questions to be considered by the third Society, which is to be made up of
art connoisseurs, artists, and, if possible, also art dealers who have, at the same time, an expert
knowledge of art, are as follows: whether a copy is to be ranked amongst the cases described
in §. 18 or those of §. 21 of the Statute of 11 June 1837; whether, in the cases of §§. 21-29 ibid.,
a reproduction is to be regarded as illicit, and how high the amount of compensation due to the
injured party is to be set; and, finally, whether the condition stipulated in §. 29 ibid. as to the
plates, moulds, and models being usable, is still valid.
6) Each of these three Societies must have at least four substitutes to cover for any
members who may be absent or otherwise prevented [from attending the meetings].
7) The appointment of the chairman, as well as the members and substitutes, is to
be made, after previous consultation with the Royal Ministry of Justice, by the Royal
Ministry for Religious, Educational and Medical Affairs. The latter will also decide which of
the members in each Society is to deputize for the chairman if he should be unable to attend.
8) After the appointment has been made, the chairmen, members, and substitutes
are, upon due request from the Royal Ministry for Religious, Educational and Medical Affairs,
to be sworn in once and for all as experts by the Royal Supreme Court.
9) The court which deems it necessary to obtain a report from one of these three
Societies, shall forward a status causae et controversiae [statement of the facts of the case],
together with the corpus delicti and the object which is to be compared with the latter, to the
Royal Ministry for Religious, Educational and Medical Affairs, so that these
Chapter 1 Page 4
- 279 -
can be submitted to the relevant Society. The two objects which are to be compared must,
however, have been marked beforehand by attachment of the court’s seal, or in some other
way, in order that there should be no doubts as to their identity and to prevent any confusions.
10) As soon as the request for the submission of an expert report has, through the
agency of the Royal Ministry for Religious, Educational and Medical Affairs, reached the
chairman of the relevant Society, the latter will appoint two members, who, independently
of one another, are to write down their opinion on the case and thereupon present it orally to
the Society. After due deliberation the Society’s decision is to be attained by majority vote. In
the event of a tie the vote of the chairman shall be decisive.
11) For the decision that is attained to be valid, at least five members must be
present, including the chairman and any substitutes that may have been called in.
12 ) In accordance with the decision that has been reached, the report will be
drawn up and signed by the members of the Society who were present at the vote. No
additional seal is required.
13) The report is to be submitted by the chairman to the Royal Ministry for
Religious, Educational, and Medical Affairs, where the signature of the members will
be legalized and thereupon the report will be forwarded to the relevant court.
14) The Society is entitled to charge a fee of 2-10 Reichstaler for the report,
which fee is to be paid by the court, as well as any other expenses in cash.
No stamps [and duties] are to be applied to the report.
15) The Royal Ministry for Religious, Educational, and Medical Affairs is
responsible for any further details in the execution of this ordinance.
Berlin, 15 May 1838
Royal Ministry of State.
Frederick William, Crown Prince.
Baron v. Altenstein. v. Kamptz. Mühler. v.Rochow v. Nagler.
Count v. Alvensleben. Baron v. Werther. v. Rauch.
____________
Translation by: Luis Sundkvist
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Ordinance on the Establishment of Societies of Copyright Experts, Berlin (1838), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
4 translated pages
Chapter 1 Page 1
for the
Royal Prussian Lands.
1838
_____________
Contains
the statutes from 6 January up to 29 November 1838,
as well as statutes from the year 1837.
(From Nr.1855 to Nr.1951)
Nr. 1 up to and including Nr. 37
__________________
Berlin,
available at the Joint Office for Sales of Codes of Law and Newspapers.
Chapter 1 Page 2
Code of Laws
for the
Royal Prussian Lands
_____________________
-- Nr. 19 --
_____________________
(Nr. 1896) Ordinance for the establishment of the Societies of Experts
mentioned under §§. 17 and 31 of the Statute of 11 June 1837 for the protection
of property in works of scholarship and art against reprinting and reproduction.
[Enacted] on 15 May 1838.
In accordance with the provisions of the Statute of 11 June 1837, the Ministry
of State issues the following ordinance for the establishment of the Societies of
Experts mentioned under §. 17 and 31 ibid.
1) For the time being Societies of Experts, who, upon the eventual request
of the courts, are to submit the reports mentioned in the Statute of 11 June 1837, regarding
the existence of a reprint, an illicit copy or an unauthorized reproduction, as well as the
possible amount of compensation to be paid in such cases as may arise, are to be set up
only here, in the capital, but covering the whole Kingdom.
2) Three such Societies will be established, of which each one shall consist of
seven members, including the chairman.
3) One of these Societies shall have the task of deciding, in any such cases as may
arise, the question as to whether a printed publication (§§. 1, 2, 5-17 of the said law) or
a geographical, topographical, scientific, architectural and suchlike drawing (§. 18), which
in accordance with its main function is not to be regarded as a work of art, is to be treated
as a reprint or unauthorized copy, and, likewise, how much compensation is to be granted
to the injured party.
- When appointing the members of this Society, it is to be ensured that the latter includes at
least two booksellers (and, what is more, booksellers who are not exclusively engaged in retail
trading) [i.e. publishers] and at least two writers.
For the case described in §. 18 of the Statute of 11 June 1837,
Chapter 1 Page 3
an expert, who as a draughtsman, engraver, or otherwise, is familiar with the production
of such copies as are mentioned in §. 18 ibid., is to be included once and for all as a
permanent member of the Society alongside the other members.
4) The second Society has to pass an opinion exclusively on the following matters: whether an
instance of illicit reproduction of musical compositions has occurred, whether the
work of music in question is to be regarded as an original composition or as an adaptation which,
according to §. 20 ibid., is to be treated as equivalent to a reprint, and what sum of compensation
is to be paid should that prove to be the case.
This Society is to be composed of musical experts, amongst which there must be at least
two music dealers [publishers].
5) The questions to be considered by the third Society, which is to be made up of
art connoisseurs, artists, and, if possible, also art dealers who have, at the same time, an expert
knowledge of art, are as follows: whether a copy is to be ranked amongst the cases described
in §. 18 or those of §. 21 of the Statute of 11 June 1837; whether, in the cases of §§. 21-29 ibid.,
a reproduction is to be regarded as illicit, and how high the amount of compensation due to the
injured party is to be set; and, finally, whether the condition stipulated in §. 29 ibid. as to the
plates, moulds, and models being usable, is still valid.
6) Each of these three Societies must have at least four substitutes to cover for any
members who may be absent or otherwise prevented [from attending the meetings].
7) The appointment of the chairman, as well as the members and substitutes, is to
be made, after previous consultation with the Royal Ministry of Justice, by the Royal
Ministry for Religious, Educational and Medical Affairs. The latter will also decide which of
the members in each Society is to deputize for the chairman if he should be unable to attend.
8) After the appointment has been made, the chairmen, members, and substitutes
are, upon due request from the Royal Ministry for Religious, Educational and Medical Affairs,
to be sworn in once and for all as experts by the Royal Supreme Court.
9) The court which deems it necessary to obtain a report from one of these three
Societies, shall forward a status causae et controversiae [statement of the facts of the case],
together with the corpus delicti and the object which is to be compared with the latter, to the
Royal Ministry for Religious, Educational and Medical Affairs, so that these
Chapter 1 Page 4
can be submitted to the relevant Society. The two objects which are to be compared must,
however, have been marked beforehand by attachment of the court’s seal, or in some other
way, in order that there should be no doubts as to their identity and to prevent any confusions.
10) As soon as the request for the submission of an expert report has, through the
agency of the Royal Ministry for Religious, Educational and Medical Affairs, reached the
chairman of the relevant Society, the latter will appoint two members, who, independently
of one another, are to write down their opinion on the case and thereupon present it orally to
the Society. After due deliberation the Society’s decision is to be attained by majority vote. In
the event of a tie the vote of the chairman shall be decisive.
11) For the decision that is attained to be valid, at least five members must be
present, including the chairman and any substitutes that may have been called in.
12 ) In accordance with the decision that has been reached, the report will be
drawn up and signed by the members of the Society who were present at the vote. No
additional seal is required.
13) The report is to be submitted by the chairman to the Royal Ministry for
Religious, Educational, and Medical Affairs, where the signature of the members will
be legalized and thereupon the report will be forwarded to the relevant court.
14) The Society is entitled to charge a fee of 2-10 Reichstaler for the report,
which fee is to be paid by the court, as well as any other expenses in cash.
No stamps [and duties] are to be applied to the report.
15) The Royal Ministry for Religious, Educational, and Medical Affairs is
responsible for any further details in the execution of this ordinance.
Berlin, 15 May 1838
Frederick William, Crown Prince.
Baron v. Altenstein. v. Kamptz. Mühler. v.Rochow v. Nagler.
Count v. Alvensleben. Baron v. Werther. v. Rauch.
____________
Translation by: Luis Sundkvist