# Primary Sources on Copyright - Record Viewer
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

Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf

            Chapter 1 Page 33 of 33 total




216


discretion. When deciding on this, the instruction given by the federal
directive of 1845, Art. 5, that the amount of compensation to be paid can
be as high as the sales value (by which is meant not the shop price, but,
rather, the sales price paid by the booksellers) of 1000 copies of the
original work (the size of a standard edition), is to be regarded as
authoritative to the extent that in the usual cases of unauthorised
reprinting of a whole work the damage caused is indeed as great as this.
The above standard will, therefore, only need to be lowered or raised
where special reasons apply.
      10. The destruction of the unauthorised copies (or handing them over
to the injured party as an interim payment of damages) is, again,
essentially a civil law consequence of the violation whose result is to
restore the legal status.
      11. In contrast, the fine which is imposed for unauthorised
reprinting is a criminal law consequence.*


___________________________

[11) cont.] of between 50 to 1000 copies (depending on the circumstances)
of the authorised edition, insofar as the rights’ holder cannot prove that
the damage caused was greater.” §. 12: “The confiscated copies of the
unauthorised edition are to be destroyed or handed over to the injured
party if he so wishes. In the latter case, however, the injured party
must accept that the offender’s expenses in producing these copies are
to be deducted from the total amount of compensation he has to pay.”


    


No Transcription available.

Our Partners


Copyright statement

You may copy and distribute the translations and commentaries in this resource, or parts of such translations and commentaries, in any medium, for non-commercial purposes as long as the authorship of the commentaries and translations is acknowledged, and you indicate the source as Bently & Kretschmer (eds), Primary Sources on Copyright (1450-1900) (www.copyrighthistory.org).

You may not publish these documents for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

Although the original documents in this database are in the public domain, we are unable to grant you the right to reproduce or duplicate some of these documents in so far as the images or scans are protected by copyright or we have only been able to reproduce them here by giving contractual undertakings. For the status of any particular images, please consult the information relating to copyright in the bibliographic records.


Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK