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89

FIRST SECTION

The publishing right as such

First Chapter

Definition, nature and content of publishing right

I. Nature of the publishing right

§ 9.

      When considering the legal factors relating to the production of
an intellectual work, a literary or artistic product, three aspects
can be singled out: firstly, the right to produce such a work and the
safeguarding of this right; secondly, the interest which the author,
as the producer of an intellectual creation, may have in the realm of
science (literature) or that of art, an interest which may be termed,
albeit not entirely accurately, intellectual interest; and, thirdly,
the material use of the product for the purposes of gain.
      The first of these aspects, namely the right to produce a work,
is a purely individual right, about which nothing more need be said
here, since it is subject to the same principles and the same
protection as any other individual right to free enterprise.*

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* Wächter.