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Bluntschli: On Authors' Rights, Munich (1853)
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte.
Citation:
Bluntschli: On Authors' Rights, Munich (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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215
sufficiently, as far as both compensation according to civil law and the
criminal punishment are concerned, when it treats the trader and the
publisher of unauthorised copies in exactly the same way. For, in fact, the
encroachment and damage caused by the latter are clearly much greater, as
is the offence he has incurred. If a bookseller is charged with having
distributed unauthorised copies, where this was done not knowingly he is
liable only for the damage caused by his own business, rather than for the
total damage (Jolly, p.276). He is also liable for the former even if it
cannot be proved that he had committed negligence.
9. The immediate consequence of violation of author’s rights is the
injuring party’s liability to fully compensate the injured. How is the
damage to be determined? Insofar as positive laws do not stipulate a
specific proportion, it is to be done first and foremost through a sensible
consideration of the circumstances by judicial
_____________________
[9) cont.] works of arts as models or designs for products of manufacture,
factories, and craftsmanship, is permitted.”
10) Bavarian law, §. 8: “Whoever knowingly sells or distributes unauthorised
copies of works of literature or art must be punished in like measure to the
person responsible for the unauthorised reproduction, and is jointly liable
with him for the damages that have to be paid.”
11) Prussian law, §. 17: “If a judge is unsure whether a printed work is to
be regarded as a legitimate copy or an unauthorised one, or if the amount of
compensation to be paid is contested, he must take the opinion of a group
made up of experts.” §. 11: “If the work had already been published by the
authorised persons, the amount of compensation to be paid is to be set by
the judge at a sum equal to the sales value
No Transcription available.
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte.
Citation:
Bluntschli: On Authors' Rights, Munich (1853), 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
sufficiently, as far as both compensation according to civil law and the
criminal punishment are concerned, when it treats the trader and the
publisher of unauthorised copies in exactly the same way. For, in fact, the
encroachment and damage caused by the latter are clearly much greater, as
is the offence he has incurred. If a bookseller is charged with having
distributed unauthorised copies, where this was done not knowingly he is
liable only for the damage caused by his own business, rather than for the
total damage (Jolly, p.276). He is also liable for the former even if it
cannot be proved that he had committed negligence.
9. The immediate consequence of violation of author’s rights is the
injuring party’s liability to fully compensate the injured. How is the
damage to be determined? Insofar as positive laws do not stipulate a
specific proportion, it is to be done first and foremost through a sensible
consideration of the circumstances by judicial
_____________________
[9) cont.] works of arts as models or designs for products of manufacture,
factories, and craftsmanship, is permitted.”
10) Bavarian law, §. 8: “Whoever knowingly sells or distributes unauthorised
copies of works of literature or art must be punished in like measure to the
person responsible for the unauthorised reproduction, and is jointly liable
with him for the damages that have to be paid.”
11) Prussian law, §. 17: “If a judge is unsure whether a printed work is to
be regarded as a legitimate copy or an unauthorised one, or if the amount of
compensation to be paid is contested, he must take the opinion of a group
made up of experts.” §. 11: “If the work had already been published by the
authorised persons, the amount of compensation to be paid is to be set by
the judge at a sum equal to the sales value
No Transcription available.