PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Resolution on Compliance with Book Deposit Regulations and Notice against the Printing of Books under the names of Professors at the University of Leyden, The Hague (1728)

Source: Koninklijke Bibliotheek, KW 402 A 115

Citation:
Resolution on Compliance with Book Deposit Regulations and Notice against the Printing of Books under the names of Professors at the University of Leyden, The Hague (1728), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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5 translated pages

Chapter 1 Page 1


(436)

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Friday the 30th of April 1728.

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[IN THE MARGIN: Supplement of the Resolution of 5 December 1679, concerning the deposit of a Copy of Books &c., with Patent to]

THE Pensionary Visscher has reported to the Meeting on the considerations and advice of the Lords Delegates of her Noble High Mightiness, pursuant to, and in satisfaction of, the same commissarial Resolution of 13th March last, having examined the Missive of the Curators of the nation's University in Leyden, and Mayors of the same City, written there on 1st February prior to it, containing complaints about the failure of Printers and Booktraders to deliver copies of the Books, printed with Patent, in the


Chapter 1 Page 2


(437)

1728
30 April.

[IN THE MARGIN: the University of Leyden.]

Library of the aforesaid University, with the petition that your High Mightiness will provide for this with the expansion of your Noble High Mightiness' Resolution of 5th December 1679 with the clause stated in more detail in that Missive. Having been deliberated on, it has been consented and decreed that from now on all those who will have obtained a Patent for the printing, or reprinting, of any Books, Maps, Pictures, Atlasses, Picture Books, or something else, whatever its name, will be held to deposit a copy of the Book or Map etc., whereon they have obtained Patent, on large Paper, bound and in neat condition, at the Library of her Noble High Mighty University in Leyden within the term of six weeks from them initiating the publishing of that Books, Maps, Pictures, Atlasses, Picture Books, or something else, on a fine of six hundred guilders after lapsing of the provided six weeks, to be seized by the those petitioners for the benefit of the Low German Poor of the City, where such petitionaers reside, and furthermore on punishment of the effect of the aforesaid Patent effectively being revoked:
That also those petitioners, even though they shall have delivered a copy to the aforementioned Library at the entering into force of their Patent, insofar as they during the time of their patent would wish to reprint the book with any Observations, Notes, Additions, Changes, Corrections, or whatever else, or even in another Format, will be held to again deposit another copy of that Book, Map etc., in the same condition as above, at the aforesaid Library, within that term, and on fine and penalty as above:
That furthermore patent having been petitioned and obtained for the printing of some Journals, Periodicals, or other books, which are republished yearly, the printers thereof, after lapsing of their petitioned Patent, even though they had not petitioned the renewal thereof, however will remain to be held to deposit a copy thereof to the aforesaid Library every year within the term and on the fine, as laid down above:
That, in order to better observe all this, all patents which will from now on be granted for the printing or reprinting of any Books, or Maps etc., will contain a clause with the aforesaid terms and penalties.
That additionally no original Patents will be granted at the Secretariat of her Noble High Mightiness, but on the Note of the Librarian of the aforementioned Library, whereby the delivering of such a Copy will be irrefutably proven; in the meantime, only a simple Copy shall be released to the petitioners:
And, finally, that each six months, the Secretariat of her Noble High Mightiness will send to the aforementioned Librarian a List of the petitioned Patents, so that he will be responsible for the collecting of the copies, and to give the necessary notice thereof to the Low German Poor of the City, in which the infringing Petitioners will reside, to monitor the collecting of the Fines:
And Extract thereof will be send to the Magistrates of the



Chapter 1 Page 3


(438)

1728
30 April.

respective Cities to serve the compliance therewith, and everyone whom it concerns will control the diligent implementation of that Resolution.

[IN THE MARGIN: Resolution and Notice, against the printing of Books under the names of Professors at the University, without their knowledge.]

THE Pensionary Visscher has reported to the Meeting the considerations and advice of the Lords Delegates of her Noble High Mightiness, to the satisfaction of their commissarial verdict of 26th November 1726, having examinated the petition to her Noble High Mightiness presented by the Chancellor and Senate of the University of Leyden, containing complaints that booksellers would not deny themselves to cause Books to be printed in name of Professors at that University, as if it was with their permission, while however these Professors, or their Heirs, have not recognized them as theirs, and petitioning that the necessary research would be done, with laying down a great penalty against the printing, publishing or selling of a Books in name of Professors, or other Bodies of that University withour consent of them, or their Heirs.
Having been deliberated on, it has been consented and decreed that, to prevent the misuse of the names of the Professors and other Members of her Noble High Mighty University at Leyden in the printing or publishing of any Books in this country, or in importing of those printed elsewhere, will be laid down the Notice included hereafter.
That on the other hand, these Professors and other embers of the aforementioned University, wishing to publish in print any books already published by them, and printed within this country with any Improvements, Amendments or Addendums, will be held to have those printed by the printer who has printed the aforesaid Books the first time, or by him who has obtained this right, unless thereon has been agreed otherwise between the Publisher and Printer: and that if they will not be able to reach an agreement on the reprinting, the dispute will be arbitrated by two persons, each to select one.
And that lastly the Professors and other Members of the aforesaid University, agreeing on the printing and publishing of any Works with book printers in this country, will not discontinue or stop such works; that also the book printers may not delay or cease the printing of such Books: And that the damages thereby caused to the one or the other will be regulated and settled by two impartial Person, to be selected as before:
And Extract thereof will be send to the Magistrates of the respective Cities to serve the compliance therewith, and everyone whom it concerns will control the diligent implementation of that Resolution.

NOTICE
THE States of Holland and West-Frisia, all, who shall see or hear read, greetings! inform: Thus we find that by the printing and publishing of Books in name of the Professors and


Chapter 1 Page 4


(439)

1728
30 April.

other Members of the Our University in Leyden, without their knowledge, many grave errors and mistakes are made in these Books, and even many erroneous and untrue statements are published in print; to the noticable disparagement of these Professors and others, and their good name, both outside and inside the country, also to the great disadvantage of the good Sciences. So it is that we, wishing to provide therefore, have approved to decree and lay down, as we hereby decree and lay down, that from now on no-one in this country will be allowed to cause to be Printed any books in name of the Professors and other Members of the Our University in Leyden, that have never been printed before, as their Writings, Lessons etc. under whatever title they may be, unless he thereto shall have obtained the written consent of them, or of their Heirs, in advance.
That likewise no-one from abroad may import or sell in these Lands any Books of these Professors and other Members of the aforementioned University, that may have been printed outside this Province, and have never been printed here, in case these will have been printed or published without the consent of the mentioned Professors and Members.
All of this, both in the first and the second case, on penalty of the seizing of all the Copies, and additionally a fine of six hundred guilders, to be seized at the Printer, Importer, Publisher, or Seller; to be paid one third for the benefit of the Petitioner, one third for the benefit of the Officer, who will carry on the proceedings, and a third for the benefit of the Poor: Ordering and commanding Our Officers to collect and cause to be torn up all books that were already, or will from now on, be printed without the aforementioned consent.
And, in order that everyone whom it concerns, may know to comply therewith, We wish that this will be published and put up where this is appropriate and customary.
Done at the Hague, under the small Seal of the country, 30th April 1728.
Under authority of,
By order of the States,
Was signed,
Willem Buys.

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Chapter 1 Page 5


(440)

[...]

Saturday the 1st of May 1728.

[IN THE MARGIN: 1 May. Adoption.]

The resolutions given yesterday have been adopted, and after the above deliberation held for enacted.

[...]


Translation by: Miluska Kooij

    


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