# Primary Sources on Copyright - Record Viewer
Gareis: Juridical Nature of Author's Rights (1877)

Source: Digital library of the Max-Planck-Institut für europäische Rechtsgeschichte.

Citation:
Gareis: Juridical Nature of Author's Rights (1877), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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186


law which has good reason and motive to occupy itself
with the juridical nature of the aforementioned
"commercial cases".
      However, any investigation in this field must of
necessity also cover other legal situations in addition
to those listed above - legal situations which display
the same juridical nature as the latter. For there isn't
just a copyright for designs and patterns (protected
by the Imperial Law of 11 January 1876), but also a
copyright for literary works, illustrations, musical
compositions and performances of plays (protected by
the Imperial Law of 11 June 1870), as well as a copyright
for works of the fine arts (protected by the Imperial
Law of 9 January 1876), a right to the protection of
photographs against unauthorised reproduction (Imperial
Law of 10 January 1876) and, finally, various author's
rights which, thanks to the State legal protection
afforded to inventors by the patent laws, thereby
attain legal recognition. As various forms of author's
rights all these "rights" come under one common
principle. A trade company's name is a "name", trade
name protection is therefore protection of a "name"
- the question then suggests itself as to whether other
- that is, non-commercial - names are also legally
protected. The connection between company law and
trade-mark protection requires no special proof: in
trade-mark protection it is the company which is being
protected. This consideration alone shows that a
number of situations which appertain not to commercial
law, but to the normal civil rights, must necessarily
also be discussed.
      It is to this connection that v. Mandry,* after
discussing the author's rights of writers, draws our
attention with the following words: "Whether and which
exactly of the rights covered by modern legislation
might be placed in the same category

____

* "The Copyright for Literary Products and Works of
Art. A Commentary on the Royal Bavarian Law of 28
June 1865. By Dr Gustav Mandry, Professor of Juris-
prudence in Tübingen." (In the compilation: "The
Legislation of the Kingdom of Bavaria, published by
v. Dollmann", Part 1, vol. 5, no.2, p.99)


    


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