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Regulations of the Association for the Book trade, Amsterdam (1868)
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 182
Citation:
Regulations of the Association for the Book trade, Amsterdam (1868), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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26 translated pages
Chapter 1 Page 1
Regulations
for the
ASSOCIATION,
PROMOTING
THE
INTERESTS OF THE BOOK TRADE.
1 January 1868.
Chapter 1 Page 2
CHAPTER I.
Aim, Structure, and Remedies.
ARTICLE 1.
The aim of the Association is: to promote the interests of the Book trade in general, according to the principles of law, good faith, and wellunderstood trade freedom.
ART. 2.
The Association is composed of:
Members, and
Honorary members.
The members elect from among themselves:
Members of the Board and the Provincial Correspondents.
ART. 3.
The headquarters of the Board is located in Amsterdam.
Chapter 1 Page 3
2 AIM, STRUCTURE, AND REMEDIES.
The Association year runs from August to August.
An ordinary General Meeting concludes the Association year.
ART. 4.
The funds consist of:
the capital of the Association and the interest resulting therefrom;
the income resulting from the provisions of these Regulations;
the capital and interest of the different accounts under its management.
ART. 5.
Connected to the Association is a support fund for widows and surviving minors of Members of the Association.
This fund is managed according to separate regulations (attached as Appendix A).
CHAPTER II.
Of the Members, their rights and obligations.
(Ordinary Members)
ART. 6.
As Ordinary Members of the Association may be admitted
Chapter 1 Page 4
ORDINARY MEMBERS 3
those who have a book trade or a related profession within the Netherlands or Dutch colonies, provided that they have been established for at least two years, or have trained for it for four years.
Partners and successors in a business of which one of the members is a Member of the Association, or the previous owner was a Member, may be nominated as Members at their admission to the shop.
Upon the death of an Ordinary Member, his widow can keep the membership for her company, as long as the affairs of the deceased spouse be continued by her.
ART. 7.
Applications to be nominated as a member have to be addressed to the Board in writing, directly or through the intermediary of the Provincials Correspondent, in sufficient time to place the name of the candidate on the agenda for the General Meeting, and to check his qualification under art. 6.
ART. 8.
The admittance takes place at a General Meeting, with two-thirds of the votes. The newly admitted members have access to that meeting.
Chapter 1 Page 5
4 ORDINARY MEMBERS
ART. 9.
The Members have, in case of restriction of their rights or assault of their copyright, the right to ask for help from the Association as soon as they have held membership for two years.
A successor in a shop, whose owner is a Member of the Association, can at once enforce the claim of the company in which he has succeeded, after being admitted as Member (subject to the provisions of Art. 7, 8, and 13).
In cases at no expense for the Association, each member can immediately claim her support.
Disputes regarding works jointly published at two or more booksellers, of which only one is member, cannot fail to be taken on because of the share of that Member.
ART. 10.
When disputes arise between Members, or between Members and Booksellers not belonging to the Association, on account of the right to copy, the Members can apprise the Correspondent of their Province of this, or, if there are any circumstances which prevent this, the Board directly.
Chapter 1 Page 6
ORDINARY MEMBERS 5
ART. 11.
The Members have the right, in case of bankruptcy or notification of Creditors of Booksellers, Picture or Music stores, residing in the Netherlands, to entrust their interests by registered power of attorney (see Appendix B) to the Provincial Correspondents.
The relating costs are charged proportionally to the stakeholders.
ART. 12.
Members undertake to strictly comply with these regulations, and in particular to the following agreement:
Par. 1. Of the so-called Church and School books published for the first time after 25 January 1817, only those copies intended for church use and education are taken to be public property for which no particular owner may exist or be identified,
Par. 2. The exclusive right to translate any foreign work, from the original or from a translation in another foreign language, is (subject to the exceptions to be mentioned) recognized and respected by the Members as lawfully obtained by he who first sends postage paid to a Commission regulating translation rights, established by the Association in Amsterdam, the title with the first and last sheet of such work, in a registered letter by mail, and within
Chapter 1 Page 7
6 AGREEMENT CONCERNING
eight days thereafter the remaining part of the work, in addition to the receipt issued for the registered letter by the post office, and an amount of NLG 3.- for the purpose of a separate translation account.
This contribution shall however be refunded to he who has not obtained the right on account of simultaneous submission or other reasons.
Par. 3. The Commission regulating translation rights consists of three members, resident in Amsterdam; they shall be elected for a term of three years at an ordinary General Meeting on the recommendation of the Board, preferably from among those who do not make publishing their main occupation, and they are immediately eligible for re-election.
Par. 4. The Commission shall keep a record of the date of the receipt issued by the post office, of the correct title of the submitted work, and of the name of the submitter, which should be reported to it with the submission, and communicates a thing or two in the official body of the Association.
It shall return to the submitter within two days of delivery the received works, with a receipt signed by one of the members, stating the title of the work, the name of the submitter, and the date of record. It has
Chapter 1 Page 8
THE RIGHT TO COPY AND TRANSLATE. 7
the right to retain the submission longer in its keeping only when it deems it necessary to ascertain the identity.
If one of the Members of this Commission himself has let be recorded a work, he is obliged to submit it to one of his co-Members.
Par. 5. For a work, which consists of more than one volume or part, the recording and submission of the first volume or the first part is sufficient.
Par. 6. Members are free to submit, of a work that one wishes to announce to be translated, only the title in a registered letter, if on the same day, indicated by the date on the receipt of the registered letter, the entire work, volume or part, to which the thus submitted title belongs, is put into the hands of the Commission regulating translation rights.
Par. 7. Booksellers not belonging to the Association may, just as the Members, use the regulations of the translation rights described in this Article, so long as they reciprocally recognize the rights of the Members.
Par. 8. Within twelve months of the record, including the day itself, he, who has obtained translation rights and has not yet proceeded to publish the translation, is required to submit to the aforementioned Commission six printed sheets thereof, which
Chapter 1 Page 9
8 AGREEMENT CONCERNING
announces the reception at the official body of the Association. If within the mentioned term the publication or the submission of the six sheets does not take place, the vested right has expired.
Par. 9. If the same work is simultaneously registered and submitted by two or more Booksellers, and they fail to reach an amicable settlement, the drawing of lots will decide the issue to which of them the right is to be granted. This draw is carried out by the Board in the presence of witnesses, appointed by the parties from among the Members residing in Amsterdam.
Par. 10. Not subject to the above provisions concerning the translation rights are:
a. Works in meter.
b. Writings covering no more than 3 printing sheets or 48 pages, whereby the printing sheet of 16 pages with 36 lines should be taken as the benchmark.
c. Illustrations and maps, also published as tomes or atlases.
d. Works, of which the first original edition has been published 10 years ago, and inasmuch as thereon are not yet in force vested translation rights.
Par. 11. Translation rights obtained in the aforesaid manner also include the exclusive right to the translation of the same work from all other languages in which it may be, or is transferred.
Chapter 1 Page 10
THE RIGHT TO COPY AND TRANSLATE. 9
Par. 12. Of works originally published under a collective title, the exclusive translation rights are granted only on documents, which occur in the registered part itself. With the submission, the special title of these documents has to be reported to the Commission, enclosing for each document the sum demanded in Par. 2.
The publishing of a translation of these documents may however never preclude the publication of a translation of the complete works of a deceased writer.
Par. 13. The exclusive translation right expires for works, of which the publication has begun, but has stopped for two years. It also expires for those works, of which six printed sheets have already been presented, but the publication has not started two years after.
Par. 14. The vested translation right remains -- without prejudice to the, in Art. 2 of the Act of 25 January 1817, laid down copyright of translations -- in existence for the period of three years, starting with the end of December of the year in which the last published part of the translation is issued (subject to the provisions of Par. 13), and applies to all reprints of the original work published in this interval, whether they see the light in the same manner of the first edition or are reworked. After that period, the exclusive translation right has expired.
Par. 15. None of the Members is free to publish another
Chapter 1 Page 11
10 AGREEMENT CONCERNING
translation of such work within the period aforementioned. In case of a violation of this provision, if the Board can bring about no amicable settlement, a compensation is paid by the publisher of unLawful translation to he who has obtained the right to do so, as above.
The amount of compensation is set in a General Meeting, after Motivated recommendation of the Board; thereby heed is payed to both the value of the copy and the presumed good or bad faith in the publication of the unLawful translation.
The Board must also give notice of the demand of the plaintiff claiming damages and the arguments attached thereto by them.
The Meeting decides between the recommendation of the Board and the demand of the injured party; the Members concerned are required to submit themselves to that resolution.
Par. 16. The recovery of damages, in case of a refusal of payment, is brought immediately before the competent court by the Board.
Par. 17. Members bind themselves in good faith to not promote in any way the flow rate of an unlawful publication.
Par. 18. The Commission regulating the translation rights has the daily management of the funds that are received under Par. 2. As soon as these, after deduction of
Chapter 1 Page 12
THE RIGHT TO COPY AND TRANSLATE. 11
expenses, amount to NLG 200.-, they are deposited in the Translation Account, managed by the Treasurer of the Association.
The Commission reports annually to the General Meeting of its work and its executive.
ART. 13.
Ordinary Members pay NLG 6.- admission, and an annual membership fee of NLG 10.-.
ART. 14.
Een gewone Algemeene Vergadering kan de Leden, die niet voldoen aan de bepalingen der beide voorgaande Artikelen, van hun lidmaatschap vervallen verklaren.
Faillietverklaring bij rechterlijk vonnis ontslaat feitelijk van het lidmaatschap.
Het lidmaatschap eindigt, bij opzegging, niet dan met de sluiting van het Vereenigingsjaar.
Die opzegging moet geschieden uiterlijk 1 Augustus, per aangeteekenden brief aan de Secretaris.
Het verlies van lidmaatschap, om welke reden ook, ontslaat niet van de verplichtingen, welke, ingevolge de bepalingen van Art. 12, uit de aldaar vermelde overeenkomst, reeds gedurende het lidmaatschap zijn ontstaan.
ART. 14.
An ordinary General Meeting can deprive members who do not comply with the provisions of the two preceding Articles of their membership.
A bankruptcy declaration by Court Order dismisses membership in fact.
The membership ends, in case of cancellation, not until the conclusion of the Association Year.
This cancellation should be made no later than the 1st of August by a registered letter to the Secretary.
The loss of membership, for whatever reason, does not remove the obligations which, pursuant to the provisions of Art. 12, from the agreement specified therein, have already arisen during the membership.
Chapter 1 Page 13
12 HONORARY MEMBERS
(Honorary members.)
ART. 15.
Honorary membership may, on nomination of the Board, be assigned:
to Members, who leave the Book trade;
to persons, who, despite not being Booksellers, have made themselves useful around the Books trade or the Association.
ART. 16.
The appointment of Honorary Members takes place at a General Meeting. It requires the vote of at least three members in that case decides the Meeting.
ART. 17.
Honorary Members are exempt from Admission, membership fees, and all payments or contributions.
At the General Meeting, they are entitled to participate in discussion, not to vote.
ART. 18.
An honorary member returning to the Book trade will therefore share the rights and obligations of Ordinary Members, but remains exempt from the payment of membership fees.
Chapter 1 Page 14
HONORARY MEMBERS 13
ART. 19.
All members receive a free copy of the official body of the Association, and of its official documents.
CHAPTER III.
Of the Provincial Correspondents.
ART. 20.
There are 10 Provincial Correspondents altogether: 1 for Friesland, 1 for Groningen, 1 for Drenthe and Overijssel, 1 for Gelderland, 1 for Utrecht, 1 for North Holland, 2 for South Holland, 1 for Zeeland, 1 for North Brabant and Limburg.
For South Holland, one of the Provincial Correspondents has to be established in The Hague.
Once a Member of the Board resides in the same town where a Provincial Correspondent is established, the latter hands over his post to the former.
ART. 21.
The Provincial Correspondents are appointed from among the Ordinary Members for a term of three years. Those who retire are not immediately eligible for re-election, but are, in case of an interim vacancy, obliged
Chapter 1 Page 15
14 PROVINCIAL CORRESPONDENTS.
to act as Provincial Correspondent again until the next General Meeting.
The post of Provincial Correspondent cannot be put down without the consent of the General Meeting except on a NLG 10,- fine, for the benefit of the account of the Association.
ART. 22.
The Provincial Correspondents are assigned in their jurisdiction:
the reclamation of new members for the Association;
the reception and transfer of any proposals submitted to them to the Board;
delivering required assistance to the Board;
the, if possible, amicable dismissal of minor disputes;
the representation of the interests of Members in bankruptcy under Arts. 11 and 23.
ART. 23.
In case of bankruptcy or notice of Creditors, or in other such cases, the Provincial Correspondents are obliged, on behalf of Members making use of Art. 11, in person or by agents, to attend the first settlement conference, and, if necessary, the following ones, to assess the state of affairs, to determine or accept
Chapter 1 Page 16
PROVINCIAL CORRESPONDENTS. 15
conditions of settlement, and to continue to work until the liquidation of the estate.
ART. 24.
The Provincial Correspondents receive, to attend the General Assembly, compensation for travel and accommodation expenses, according to calculations, attached as Appendix C.
CHAPTER IV.
Of the Board.
ART. 25.
The Board of the Association consists of seven Members, four of which are residing in Amsterdam.
ART. 26.
The Board Members based in Amsterdam are responsible for the daily management of affairs.
ART. 27.
They, who are related in the first or second degree by blood or by marriage, may not sit on the Board together.
ART. 28.
The Members of the Board are appointed at the General
Chapter 1 Page 17
16 BOARD.
Meeting from among the Ordinary Members for a term of three years. Those who retire are not immediately eligible for re-election, but are, in case of an interim vacancy, obliged to again act as Officers until the next General Meeting
The post of Officer cannot be put down without the consent of the General Meeting except on a NLG 10,- fine, for the benefit of the account of the Association.
ART. 29.
The Board arranges between them the positions of President, Vice-President and Secretary. The Treasurer is appointed by a vote of the General Meeting.
ART. 30.
The Board represents the Association, with regard to the law as well as other, and watches out for its interests.
It is more particularly responsible for:
the enforcement of this Regulation;
the implementation of the resolutions of the General Meetings;
the settlement, if possible, of copyright disputes.
It contacts the Government
Chapter 1 Page 18
BOARD. 17
or other Authorities, in case the general interest of the Book trade or the Association demands this.
ART. 31.
When the Board cannot establish a settlement, and considers that it must proceed to a Actsuit, it will, before such a decision, observe the provision under Art. 41. In matters however, which call for speed, it is left to the Board to prepare the necessary for prosecution, seek advice etc., and to provide for the costs caused thereby from the account of the Association.
ART. 32.
The Board has access to the capital and income of the Association. From this will be done all expenditure arising from the provisions of these Regulations or the resolutions of the General Meeting, the expenses of General and Board Meetings, travel and accommodation expenses of the Board and the Provincial Correspondents, print wages, letter postage, and all expenditure for daily management.
ART. 33.
With expectation of greater expenses than the capital and income of the Association can
Chapter 1 Page 19
18 BOARD.
cover, and which are a result of litigation, conducted with the consent of the General Meeting, or of acts approved by it, the Board is authorized to immediately transfer to the Members, and collect from them, the deficit, subject to accounts to the General Meeting.
ART. 34.
The President oversees the general activities, regulates and presides over the Board and General Meetings, signs with the Secretary the different pieces originating from the Board, etc.
In his absence, he will be replaced by the Vice-President.
The Secretary keeps the minutes of the General and Board Meetings, drafts and sends all documents and letters originating from the Board.
When for the drafting the advice or assistance of a jurist is required, he has the power to call him in.
The Treasurer has the management of the funds (except for the exception arising from Art. 5); he makes no payments, unless the bills or expenses claims are examined by the Board and sanctioned by signature of the President. He gives annual accounts of his administration to the General Meeting.
Chapter 1 Page 20
BOARD. 19
ART. 35.
All available capital of the Association must, as soon as they exceed a sum of NLG 200. -, be invested in Dutch interest-bearing government bonds by the Treasurer.
CHAPTER V.
Of the General Meetings.
ART. 36.
Annually, on the second Monday in August, is held a General Meeting of the Association in Amsterdam.
If the work cannot be finished on one day, the Meeting continues the next day.
ART. 37.
Three months before the holding of the General Meeting, the Board invites Members to send in their proposals within four weeks of receiving their invitation.
These proposals form part of the agenda.
ART. 38.
The Board apprises the members, at least
Chapter 1 Page 21
20 GENERAL MEETINGS.
one month in advance, of the date and location of where the General Meeting will be held. In the notice convening this meeting will be supplied a printed Report of the acts of the Board, during the past Association year, and the agenda for that Meeting.
ART. 39.
The Board has the right to hold extraordinary General Meetings; it also can for all matters, for which it considers it necessary, except for the amendment of the Regulations, seek the decision of the Members with motivated recommendation of the Board on a circulated resolution. In this latter case, a simple majority of the votes cast decides.
ART. 40.
The General Meeting decides in the highest instance on all disputes, including the application of the Regulations of the Association.
ART. 41.
The approval of the General Assembly is necessary to conduct litigation.
ART. 42.
In matters demanding a careful examination or
Chapter 1 Page 22
GENERAL MEETINGS. 21
motivated opinion, Boards may be appointed.
The Boards consist of three to five members. The Member of the Association, on whose proposal a Board of Inquiry is appointed, is obliged to be part of this Board.
If a proposal is initiated by more than one member, the Proposers will indicate who of them will act as Member of the Board.
Members of their Boards are appointed from a duo, formulated by the Board, and the time for the submission of its Report set at the appointment.
Permanent Boards, except the Board regulating translation rights, shall annually, before the 1st of June, send her reports or notifications to the Secretary of the Association, who enters them in the Report of the Acts of the Board.
For the Members of Boards living outside the town where the instructions call them, applies the rate of travel and accommodation expenses referred to in Art. 24.
ART. 43.
Ordinary Members who are not present at the Meeting, have the right to give one of their fellow members, not a member of the Board or Provincial Correspondent, written authorization to cast their vote. These authorizations must be handed in to the Secretary prior to the opening of the Meeting.
Chapter 1 Page 23
22 GENERAL MEETINGS.
Nobody can represent more than two of his fellow members.
ART. 44.
The report of the Meeting shall, together with its appendixes, be printed and send to the members as soon as possible.
The resolutions made at General Meetings are announced, within fourteen days, to the members in the official body of the Association by the Board. They are in force from the moment of this promulgation, unless in this regard may have been provided otherwise.
(Provisions of Order.)
ART. 45.
In the work of the ordinary General Meeting, the following regulation is observed:
1st. Opening of the Meeting.
2nd. Appointment (by the President) of a Board to record the votes of three members.
3rd. Nomination of Honorary Members by the Board.
4th. Balloting on Candidates for Membership.
5th. Welcoming of newly admitted Members.
6th. Notification of received documents.
7th. Accounts of the past Association year by the Treasurer, and the appointment
Chapter 1 Page 24
PROVISIONS OF ORDER. 23
of a Board of three members to study the Account.
8th. Discussion on the Report provided under art. 38.
9th. Appointment of Board members.
10th. Appointment of Provinciale Correspondenten.
11th. Reports of Boards.
12th. Consideration of proposals mentioned on the agenda.
13th. Consideration of proposals made by the Board or the members of the Meeting, unless the majority desires adjournment.
14th. Report of the Board to study the Account.
15th. Conclusion of the Meeting.
ART. 46.
Before entry into discussion on a proposal, the Proposer has the right to provide additional explanation.
Only the President, the Proposers and Rapporteurs of the Boards, are permitted, without permission of the Meeting, to speak on the same subject more than twice.
ART. 47.
The President has the right to clonclude the discussions, when he judges that a proposal was explained sufficiently.
Chapter 1 Page 25
24 PROVISIONS OF ORDER.
In case of dissent in this respect with one or more Members, the Meeting decides.
ART. 48.
The vote on Affairs shall be by roll call, according to the attendance list. The simple majority decides; in case of equality of votes on a proposal, it will be rejected.
ART. 49.
The vote on Persons shall be decided by ballot. The simple majority applies for each appointment, except for the exception in the next Art. If there is cast an equal number of votes on different people, then there is a revote among them.
ART. 50.
The appointment of Board Members shall be by absolute majority. When in a first ballot no one achieves an absolute majority, a second ballot is held. Should no one obtain the requisite number of votes in this either, then a revote is held between the two, who last received the most votes.
ART. 51.
The ordinary General Meeting is concluded with a communal meal.
Chapter 1 Page 26
25
FINAL PROVISIONS.
ART. 52.
Alteration or expansion of these Regulations can only be made by resolution at a General Meeting, after the proposal to do so has been announced to all the members in advance.
ART. 53.
With the introduction of these Regulations, all previous Regulations of the Association are cancelled and rendered inoperative.
Thus enacted in the Extraordinary General Meeting of the Association promoting the interests of the Book trade, held in Amsterdam, on 16th October 1867, with the provision that this Regulation enters into force 1 January 1868.
W.H. KIRBERGER, President.
W.P. VAN STOCKUM, Vice-President.
J.C. LOMAN Jr., Secretary.
J. NOORDENDORP, Treasurer.
P.M. BAZENDIJK.
A.W. SYTHOFF.
J.H. GEBHARD.
Translation by: Miluska Kooij
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 182
Citation:
Regulations of the Association for the Book trade, Amsterdam (1868), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
26 translated pages
Chapter 1 Page 1
Regulations
for the
ASSOCIATION,
PROMOTING
THE
INTERESTS OF THE BOOK TRADE.
1 January 1868.
Chapter 1 Page 2
CHAPTER I.
Aim, Structure, and Remedies.
ARTICLE 1.
The aim of the Association is: to promote the interests of the Book trade in general, according to the principles of law, good faith, and wellunderstood trade freedom.
ART. 2.
The Association is composed of:
Members, and
Honorary members.
The members elect from among themselves:
Members of the Board and the Provincial Correspondents.
ART. 3.
The headquarters of the Board is located in Amsterdam.
Chapter 1 Page 3
2 AIM, STRUCTURE, AND REMEDIES.
The Association year runs from August to August.
An ordinary General Meeting concludes the Association year.
ART. 4.
The funds consist of:
the capital of the Association and the interest resulting therefrom;
the income resulting from the provisions of these Regulations;
the capital and interest of the different accounts under its management.
ART. 5.
Connected to the Association is a support fund for widows and surviving minors of Members of the Association.
This fund is managed according to separate regulations (attached as Appendix A).
CHAPTER II.
Of the Members, their rights and obligations.
(Ordinary Members)
ART. 6.
As Ordinary Members of the Association may be admitted
Chapter 1 Page 4
ORDINARY MEMBERS 3
those who have a book trade or a related profession within the Netherlands or Dutch colonies, provided that they have been established for at least two years, or have trained for it for four years.
Partners and successors in a business of which one of the members is a Member of the Association, or the previous owner was a Member, may be nominated as Members at their admission to the shop.
Upon the death of an Ordinary Member, his widow can keep the membership for her company, as long as the affairs of the deceased spouse be continued by her.
ART. 7.
Applications to be nominated as a member have to be addressed to the Board in writing, directly or through the intermediary of the Provincials Correspondent, in sufficient time to place the name of the candidate on the agenda for the General Meeting, and to check his qualification under art. 6.
ART. 8.
The admittance takes place at a General Meeting, with two-thirds of the votes. The newly admitted members have access to that meeting.
Chapter 1 Page 5
4 ORDINARY MEMBERS
ART. 9.
The Members have, in case of restriction of their rights or assault of their copyright, the right to ask for help from the Association as soon as they have held membership for two years.
A successor in a shop, whose owner is a Member of the Association, can at once enforce the claim of the company in which he has succeeded, after being admitted as Member (subject to the provisions of Art. 7, 8, and 13).
In cases at no expense for the Association, each member can immediately claim her support.
Disputes regarding works jointly published at two or more booksellers, of which only one is member, cannot fail to be taken on because of the share of that Member.
ART. 10.
When disputes arise between Members, or between Members and Booksellers not belonging to the Association, on account of the right to copy, the Members can apprise the Correspondent of their Province of this, or, if there are any circumstances which prevent this, the Board directly.
Chapter 1 Page 6
ORDINARY MEMBERS 5
ART. 11.
The Members have the right, in case of bankruptcy or notification of Creditors of Booksellers, Picture or Music stores, residing in the Netherlands, to entrust their interests by registered power of attorney (see Appendix B) to the Provincial Correspondents.
The relating costs are charged proportionally to the stakeholders.
ART. 12.
Members undertake to strictly comply with these regulations, and in particular to the following agreement:
Par. 1. Of the so-called Church and School books published for the first time after 25 January 1817, only those copies intended for church use and education are taken to be public property for which no particular owner may exist or be identified,
Par. 2. The exclusive right to translate any foreign work, from the original or from a translation in another foreign language, is (subject to the exceptions to be mentioned) recognized and respected by the Members as lawfully obtained by he who first sends postage paid to a Commission regulating translation rights, established by the Association in Amsterdam, the title with the first and last sheet of such work, in a registered letter by mail, and within
Chapter 1 Page 7
6 AGREEMENT CONCERNING
eight days thereafter the remaining part of the work, in addition to the receipt issued for the registered letter by the post office, and an amount of NLG 3.- for the purpose of a separate translation account.
This contribution shall however be refunded to he who has not obtained the right on account of simultaneous submission or other reasons.
Par. 3. The Commission regulating translation rights consists of three members, resident in Amsterdam; they shall be elected for a term of three years at an ordinary General Meeting on the recommendation of the Board, preferably from among those who do not make publishing their main occupation, and they are immediately eligible for re-election.
Par. 4. The Commission shall keep a record of the date of the receipt issued by the post office, of the correct title of the submitted work, and of the name of the submitter, which should be reported to it with the submission, and communicates a thing or two in the official body of the Association.
It shall return to the submitter within two days of delivery the received works, with a receipt signed by one of the members, stating the title of the work, the name of the submitter, and the date of record. It has
Chapter 1 Page 8
THE RIGHT TO COPY AND TRANSLATE. 7
the right to retain the submission longer in its keeping only when it deems it necessary to ascertain the identity.
If one of the Members of this Commission himself has let be recorded a work, he is obliged to submit it to one of his co-Members.
Par. 5. For a work, which consists of more than one volume or part, the recording and submission of the first volume or the first part is sufficient.
Par. 6. Members are free to submit, of a work that one wishes to announce to be translated, only the title in a registered letter, if on the same day, indicated by the date on the receipt of the registered letter, the entire work, volume or part, to which the thus submitted title belongs, is put into the hands of the Commission regulating translation rights.
Par. 7. Booksellers not belonging to the Association may, just as the Members, use the regulations of the translation rights described in this Article, so long as they reciprocally recognize the rights of the Members.
Par. 8. Within twelve months of the record, including the day itself, he, who has obtained translation rights and has not yet proceeded to publish the translation, is required to submit to the aforementioned Commission six printed sheets thereof, which
Chapter 1 Page 9
8 AGREEMENT CONCERNING
announces the reception at the official body of the Association. If within the mentioned term the publication or the submission of the six sheets does not take place, the vested right has expired.
Par. 9. If the same work is simultaneously registered and submitted by two or more Booksellers, and they fail to reach an amicable settlement, the drawing of lots will decide the issue to which of them the right is to be granted. This draw is carried out by the Board in the presence of witnesses, appointed by the parties from among the Members residing in Amsterdam.
Par. 10. Not subject to the above provisions concerning the translation rights are:
a. Works in meter.
b. Writings covering no more than 3 printing sheets or 48 pages, whereby the printing sheet of 16 pages with 36 lines should be taken as the benchmark.
c. Illustrations and maps, also published as tomes or atlases.
d. Works, of which the first original edition has been published 10 years ago, and inasmuch as thereon are not yet in force vested translation rights.
Par. 11. Translation rights obtained in the aforesaid manner also include the exclusive right to the translation of the same work from all other languages in which it may be, or is transferred.
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THE RIGHT TO COPY AND TRANSLATE. 9
Par. 12. Of works originally published under a collective title, the exclusive translation rights are granted only on documents, which occur in the registered part itself. With the submission, the special title of these documents has to be reported to the Commission, enclosing for each document the sum demanded in Par. 2.
The publishing of a translation of these documents may however never preclude the publication of a translation of the complete works of a deceased writer.
Par. 13. The exclusive translation right expires for works, of which the publication has begun, but has stopped for two years. It also expires for those works, of which six printed sheets have already been presented, but the publication has not started two years after.
Par. 14. The vested translation right remains -- without prejudice to the, in Art. 2 of the Act of 25 January 1817, laid down copyright of translations -- in existence for the period of three years, starting with the end of December of the year in which the last published part of the translation is issued (subject to the provisions of Par. 13), and applies to all reprints of the original work published in this interval, whether they see the light in the same manner of the first edition or are reworked. After that period, the exclusive translation right has expired.
Par. 15. None of the Members is free to publish another
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10 AGREEMENT CONCERNING
translation of such work within the period aforementioned. In case of a violation of this provision, if the Board can bring about no amicable settlement, a compensation is paid by the publisher of unLawful translation to he who has obtained the right to do so, as above.
The amount of compensation is set in a General Meeting, after Motivated recommendation of the Board; thereby heed is payed to both the value of the copy and the presumed good or bad faith in the publication of the unLawful translation.
The Board must also give notice of the demand of the plaintiff claiming damages and the arguments attached thereto by them.
The Meeting decides between the recommendation of the Board and the demand of the injured party; the Members concerned are required to submit themselves to that resolution.
Par. 16. The recovery of damages, in case of a refusal of payment, is brought immediately before the competent court by the Board.
Par. 17. Members bind themselves in good faith to not promote in any way the flow rate of an unlawful publication.
Par. 18. The Commission regulating the translation rights has the daily management of the funds that are received under Par. 2. As soon as these, after deduction of
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THE RIGHT TO COPY AND TRANSLATE. 11
expenses, amount to NLG 200.-, they are deposited in the Translation Account, managed by the Treasurer of the Association.
The Commission reports annually to the General Meeting of its work and its executive.
ART. 13.
Ordinary Members pay NLG 6.- admission, and an annual membership fee of NLG 10.-.
ART. 14.
Een gewone Algemeene Vergadering kan de Leden, die niet voldoen aan de bepalingen der beide voorgaande Artikelen, van hun lidmaatschap vervallen verklaren.
Faillietverklaring bij rechterlijk vonnis ontslaat feitelijk van het lidmaatschap.
Het lidmaatschap eindigt, bij opzegging, niet dan met de sluiting van het Vereenigingsjaar.
Die opzegging moet geschieden uiterlijk 1 Augustus, per aangeteekenden brief aan de Secretaris.
Het verlies van lidmaatschap, om welke reden ook, ontslaat niet van de verplichtingen, welke, ingevolge de bepalingen van Art. 12, uit de aldaar vermelde overeenkomst, reeds gedurende het lidmaatschap zijn ontstaan.
ART. 14.
An ordinary General Meeting can deprive members who do not comply with the provisions of the two preceding Articles of their membership.
A bankruptcy declaration by Court Order dismisses membership in fact.
The membership ends, in case of cancellation, not until the conclusion of the Association Year.
This cancellation should be made no later than the 1st of August by a registered letter to the Secretary.
The loss of membership, for whatever reason, does not remove the obligations which, pursuant to the provisions of Art. 12, from the agreement specified therein, have already arisen during the membership.
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12 HONORARY MEMBERS
(Honorary members.)
ART. 15.
Honorary membership may, on nomination of the Board, be assigned:
to Members, who leave the Book trade;
to persons, who, despite not being Booksellers, have made themselves useful around the Books trade or the Association.
ART. 16.
The appointment of Honorary Members takes place at a General Meeting. It requires the vote of at least three members in that case decides the Meeting.
ART. 17.
Honorary Members are exempt from Admission, membership fees, and all payments or contributions.
At the General Meeting, they are entitled to participate in discussion, not to vote.
ART. 18.
An honorary member returning to the Book trade will therefore share the rights and obligations of Ordinary Members, but remains exempt from the payment of membership fees.
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HONORARY MEMBERS 13
ART. 19.
All members receive a free copy of the official body of the Association, and of its official documents.
CHAPTER III.
Of the Provincial Correspondents.
ART. 20.
There are 10 Provincial Correspondents altogether: 1 for Friesland, 1 for Groningen, 1 for Drenthe and Overijssel, 1 for Gelderland, 1 for Utrecht, 1 for North Holland, 2 for South Holland, 1 for Zeeland, 1 for North Brabant and Limburg.
For South Holland, one of the Provincial Correspondents has to be established in The Hague.
Once a Member of the Board resides in the same town where a Provincial Correspondent is established, the latter hands over his post to the former.
ART. 21.
The Provincial Correspondents are appointed from among the Ordinary Members for a term of three years. Those who retire are not immediately eligible for re-election, but are, in case of an interim vacancy, obliged
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14 PROVINCIAL CORRESPONDENTS.
to act as Provincial Correspondent again until the next General Meeting.
The post of Provincial Correspondent cannot be put down without the consent of the General Meeting except on a NLG 10,- fine, for the benefit of the account of the Association.
ART. 22.
The Provincial Correspondents are assigned in their jurisdiction:
the reclamation of new members for the Association;
the reception and transfer of any proposals submitted to them to the Board;
delivering required assistance to the Board;
the, if possible, amicable dismissal of minor disputes;
the representation of the interests of Members in bankruptcy under Arts. 11 and 23.
ART. 23.
In case of bankruptcy or notice of Creditors, or in other such cases, the Provincial Correspondents are obliged, on behalf of Members making use of Art. 11, in person or by agents, to attend the first settlement conference, and, if necessary, the following ones, to assess the state of affairs, to determine or accept
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PROVINCIAL CORRESPONDENTS. 15
conditions of settlement, and to continue to work until the liquidation of the estate.
ART. 24.
The Provincial Correspondents receive, to attend the General Assembly, compensation for travel and accommodation expenses, according to calculations, attached as Appendix C.
CHAPTER IV.
Of the Board.
ART. 25.
The Board of the Association consists of seven Members, four of which are residing in Amsterdam.
ART. 26.
The Board Members based in Amsterdam are responsible for the daily management of affairs.
ART. 27.
They, who are related in the first or second degree by blood or by marriage, may not sit on the Board together.
ART. 28.
The Members of the Board are appointed at the General
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16 BOARD.
Meeting from among the Ordinary Members for a term of three years. Those who retire are not immediately eligible for re-election, but are, in case of an interim vacancy, obliged to again act as Officers until the next General Meeting
The post of Officer cannot be put down without the consent of the General Meeting except on a NLG 10,- fine, for the benefit of the account of the Association.
ART. 29.
The Board arranges between them the positions of President, Vice-President and Secretary. The Treasurer is appointed by a vote of the General Meeting.
ART. 30.
The Board represents the Association, with regard to the law as well as other, and watches out for its interests.
It is more particularly responsible for:
the enforcement of this Regulation;
the implementation of the resolutions of the General Meetings;
the settlement, if possible, of copyright disputes.
It contacts the Government
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BOARD. 17
or other Authorities, in case the general interest of the Book trade or the Association demands this.
ART. 31.
When the Board cannot establish a settlement, and considers that it must proceed to a Actsuit, it will, before such a decision, observe the provision under Art. 41. In matters however, which call for speed, it is left to the Board to prepare the necessary for prosecution, seek advice etc., and to provide for the costs caused thereby from the account of the Association.
ART. 32.
The Board has access to the capital and income of the Association. From this will be done all expenditure arising from the provisions of these Regulations or the resolutions of the General Meeting, the expenses of General and Board Meetings, travel and accommodation expenses of the Board and the Provincial Correspondents, print wages, letter postage, and all expenditure for daily management.
ART. 33.
With expectation of greater expenses than the capital and income of the Association can
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18 BOARD.
cover, and which are a result of litigation, conducted with the consent of the General Meeting, or of acts approved by it, the Board is authorized to immediately transfer to the Members, and collect from them, the deficit, subject to accounts to the General Meeting.
ART. 34.
The President oversees the general activities, regulates and presides over the Board and General Meetings, signs with the Secretary the different pieces originating from the Board, etc.
In his absence, he will be replaced by the Vice-President.
The Secretary keeps the minutes of the General and Board Meetings, drafts and sends all documents and letters originating from the Board.
When for the drafting the advice or assistance of a jurist is required, he has the power to call him in.
The Treasurer has the management of the funds (except for the exception arising from Art. 5); he makes no payments, unless the bills or expenses claims are examined by the Board and sanctioned by signature of the President. He gives annual accounts of his administration to the General Meeting.
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BOARD. 19
ART. 35.
All available capital of the Association must, as soon as they exceed a sum of NLG 200. -, be invested in Dutch interest-bearing government bonds by the Treasurer.
CHAPTER V.
Of the General Meetings.
ART. 36.
Annually, on the second Monday in August, is held a General Meeting of the Association in Amsterdam.
If the work cannot be finished on one day, the Meeting continues the next day.
ART. 37.
Three months before the holding of the General Meeting, the Board invites Members to send in their proposals within four weeks of receiving their invitation.
These proposals form part of the agenda.
ART. 38.
The Board apprises the members, at least
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20 GENERAL MEETINGS.
one month in advance, of the date and location of where the General Meeting will be held. In the notice convening this meeting will be supplied a printed Report of the acts of the Board, during the past Association year, and the agenda for that Meeting.
ART. 39.
The Board has the right to hold extraordinary General Meetings; it also can for all matters, for which it considers it necessary, except for the amendment of the Regulations, seek the decision of the Members with motivated recommendation of the Board on a circulated resolution. In this latter case, a simple majority of the votes cast decides.
ART. 40.
The General Meeting decides in the highest instance on all disputes, including the application of the Regulations of the Association.
ART. 41.
The approval of the General Assembly is necessary to conduct litigation.
ART. 42.
In matters demanding a careful examination or
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GENERAL MEETINGS. 21
motivated opinion, Boards may be appointed.
The Boards consist of three to five members. The Member of the Association, on whose proposal a Board of Inquiry is appointed, is obliged to be part of this Board.
If a proposal is initiated by more than one member, the Proposers will indicate who of them will act as Member of the Board.
Members of their Boards are appointed from a duo, formulated by the Board, and the time for the submission of its Report set at the appointment.
Permanent Boards, except the Board regulating translation rights, shall annually, before the 1st of June, send her reports or notifications to the Secretary of the Association, who enters them in the Report of the Acts of the Board.
For the Members of Boards living outside the town where the instructions call them, applies the rate of travel and accommodation expenses referred to in Art. 24.
ART. 43.
Ordinary Members who are not present at the Meeting, have the right to give one of their fellow members, not a member of the Board or Provincial Correspondent, written authorization to cast their vote. These authorizations must be handed in to the Secretary prior to the opening of the Meeting.
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22 GENERAL MEETINGS.
Nobody can represent more than two of his fellow members.
ART. 44.
The report of the Meeting shall, together with its appendixes, be printed and send to the members as soon as possible.
The resolutions made at General Meetings are announced, within fourteen days, to the members in the official body of the Association by the Board. They are in force from the moment of this promulgation, unless in this regard may have been provided otherwise.
(Provisions of Order.)
ART. 45.
In the work of the ordinary General Meeting, the following regulation is observed:
1st. Opening of the Meeting.
2nd. Appointment (by the President) of a Board to record the votes of three members.
3rd. Nomination of Honorary Members by the Board.
4th. Balloting on Candidates for Membership.
5th. Welcoming of newly admitted Members.
6th. Notification of received documents.
7th. Accounts of the past Association year by the Treasurer, and the appointment
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PROVISIONS OF ORDER. 23
of a Board of three members to study the Account.
8th. Discussion on the Report provided under art. 38.
9th. Appointment of Board members.
10th. Appointment of Provinciale Correspondenten.
11th. Reports of Boards.
12th. Consideration of proposals mentioned on the agenda.
13th. Consideration of proposals made by the Board or the members of the Meeting, unless the majority desires adjournment.
14th. Report of the Board to study the Account.
15th. Conclusion of the Meeting.
ART. 46.
Before entry into discussion on a proposal, the Proposer has the right to provide additional explanation.
Only the President, the Proposers and Rapporteurs of the Boards, are permitted, without permission of the Meeting, to speak on the same subject more than twice.
ART. 47.
The President has the right to clonclude the discussions, when he judges that a proposal was explained sufficiently.
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24 PROVISIONS OF ORDER.
In case of dissent in this respect with one or more Members, the Meeting decides.
ART. 48.
The vote on Affairs shall be by roll call, according to the attendance list. The simple majority decides; in case of equality of votes on a proposal, it will be rejected.
ART. 49.
The vote on Persons shall be decided by ballot. The simple majority applies for each appointment, except for the exception in the next Art. If there is cast an equal number of votes on different people, then there is a revote among them.
ART. 50.
The appointment of Board Members shall be by absolute majority. When in a first ballot no one achieves an absolute majority, a second ballot is held. Should no one obtain the requisite number of votes in this either, then a revote is held between the two, who last received the most votes.
ART. 51.
The ordinary General Meeting is concluded with a communal meal.
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25
FINAL PROVISIONS.
ART. 52.
Alteration or expansion of these Regulations can only be made by resolution at a General Meeting, after the proposal to do so has been announced to all the members in advance.
ART. 53.
With the introduction of these Regulations, all previous Regulations of the Association are cancelled and rendered inoperative.
Thus enacted in the Extraordinary General Meeting of the Association promoting the interests of the Book trade, held in Amsterdam, on 16th October 1867, with the provision that this Regulation enters into force 1 January 1868.
W.H. KIRBERGER, President.
W.P. VAN STOCKUM, Vice-President.
J.C. LOMAN Jr., Secretary.
J. NOORDENDORP, Treasurer.
P.M. BAZENDIJK.
A.W. SYTHOFF.
J.H. GEBHARD.
Translation by: Miluska Kooij