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Austrian Copyright Act (1846)
Source: Scans taken from alex.onb.at with kind permission
Citation:
Austrian Copyright Act (1846), 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
a) the commissioner of a work who at his own expense has
entrusted someone else with its elaboration and execution
according to a given plan;
b) the publisher or entrepreneur of a work which is made
up of independent contributions from various contributors;
c) the publisher of an anonymous or pseudonymous work (§.14, a, b).
§.2.
The author of a literary or artistic work is, according to
the stipulations laid down in the present law, entitled to the
exclusive right of disposing of his work as he wishes, of
reproducing and publishing it in any form he may please.
He can also transfer this right to others wholly or partly.
§.3.
Any mechanical reproduction of a literary work which has
been published in observance of legal requirements and formalities,
that is undertaken without the permission of the author or his
legal successor, is deemed to be an illegal reprint, irrespective
of whether it was made by the same or a different method as that
used in the production of the original work.
This prohibition of mechanical reproductions also applies
to works of art.
Apart from the original work of scholarship or art, every
print copy and every reproduction of it carried out by the author
or his legal successor in accordance with the author’s right to
which he is entitled (§.1), is also to be treated as the original work.
Exceptions to the above stipulations of this paragraph are
contained in subsequent paragraphs below (§§.5-9).
§.4.
The following are regarded as equivalent to illegal reprinting:
a) the impression of manuscripts of any kind undertaken without
permission of the author or his legal successor; as is
the impression
b) of lectures given for the purpose of edification, instruction,
or entertainment. In both cases (a and b), even if the person
undertaking the impression is the rightful owner of the
original manuscript, or of a copy or transcript of the
latter, he must still be able to prove that he has obtained
permission for his undertaking.
Moreover, what was said above (a) regarding manuscripts also
applies to geographical and topographical maps, to scientific,
architectural, and similar drawings, to pictures etc., which
as far as their purpose is concerned cannot be regarded as
independent works of art, but, rather, are intended for the
illustration of scientific subject-matter.
c) extracts from the work of another author, with or without
alterations, if they are published as separate works
with or without the title of the original work;
d) alterations made to the supplementary parts of a work, namely,
the addition, omission, or modification of notes,
illustrations,
No Transcription available.
Source: Scans taken from alex.onb.at with kind permission
Citation:
Austrian Copyright Act (1846), 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
a) the commissioner of a work who at his own expense has
entrusted someone else with its elaboration and execution
according to a given plan;
b) the publisher or entrepreneur of a work which is made
up of independent contributions from various contributors;
c) the publisher of an anonymous or pseudonymous work (§.14, a, b).
The author of a literary or artistic work is, according to
the stipulations laid down in the present law, entitled to the
exclusive right of disposing of his work as he wishes, of
reproducing and publishing it in any form he may please.
He can also transfer this right to others wholly or partly.
Any mechanical reproduction of a literary work which has
been published in observance of legal requirements and formalities,
that is undertaken without the permission of the author or his
legal successor, is deemed to be an illegal reprint, irrespective
of whether it was made by the same or a different method as that
used in the production of the original work.
This prohibition of mechanical reproductions also applies
to works of art.
Apart from the original work of scholarship or art, every
print copy and every reproduction of it carried out by the author
or his legal successor in accordance with the author’s right to
which he is entitled (§.1), is also to be treated as the original work.
Exceptions to the above stipulations of this paragraph are
contained in subsequent paragraphs below (§§.5-9).
The following are regarded as equivalent to illegal reprinting:
a) the impression of manuscripts of any kind undertaken without
permission of the author or his legal successor; as is
the impression
b) of lectures given for the purpose of edification, instruction,
or entertainment. In both cases (a and b), even if the person
undertaking the impression is the rightful owner of the
original manuscript, or of a copy or transcript of the
latter, he must still be able to prove that he has obtained
permission for his undertaking.
Moreover, what was said above (a) regarding manuscripts also
applies to geographical and topographical maps, to scientific,
architectural, and similar drawings, to pictures etc., which
as far as their purpose is concerned cannot be regarded as
independent works of art, but, rather, are intended for the
illustration of scientific subject-matter.
c) extracts from the work of another author, with or without
alterations, if they are published as separate works
with or without the title of the original work;
d) alterations made to the supplementary parts of a work, namely,
the addition, omission, or modification of notes,
illustrations,
No Transcription available.