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Copyright Act, Wildungen (1881)
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 358
Citation:
Copyright Act, Wildungen (1881), 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
9 translated pages
Chapter 1 Page 1
BULLETIN OF ACTS, ORDERS AND DECREES
OF THE KINGDOM OF THE NETHERLANDS
(No. 124.) ACT of 28th June 1881, regulating copyright.
We WILLIAM III , by the grace of God, King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Luxembourg, etc., etc., etc.
All, who shall see or hear read, greetings! Inform:
We have thus taken into consideration, that with the repealing of the Act of 25 January 1817 (Bulletin of Acts, Orders and Decrees No. 5), it is necessary to lay down provisions regulating copyright in the Netherlands and the Dutch East Indies;
So it is that We have approved and decreed, having heard the advice of the Council of State and in consultation with the States-General (both Chambers of Parliament), as We hereby approve and decree:
Par. 1. Concept and scope of copyright.
Article 1.
The right to publish writings, pictures, maps, musical works, dramatic works and oral presentations, as well as to execute or perform dramatic-musical works and plays in public, is reserved to the author and his assignees.
Any execution or performance accessible against payment, be it once or multiple times, even if additionally a ballotage is demanded, will be considered an execution or performance in public.
Chapter 1 Page 2
[124] 2
Article 2.
The authors shall be taken to be:
a. the persons by whom the arrangements necessary for the creation of works referred to in Article 1 are undertaken, formed by contributions from several co-workers;
b. public institutions, unions, foundations, and companies, in relation to the works delivered by them;
c. translators in relation to their translation.
For works formed by contributions from several co-workers, each co-worker also retains the copyright to the contribution made by him, insofar as not otherwise stipulated. With respect to the rights owners mentioned under a and b of this article, the second subsection of Art. 13 does not apply.
Article 3.
For works published in print without author name or under a pseudonym, the publisher, and if their name is also not mentioned on the title page, or failing that the cover, is considered to be the author, until another has declared himself beneficiary on the grounds provided in articles 10 and 11, with the exception of the deadline for submission set in art. 10.
Article 4.
Except in cases to be determined by Us, there exists no copyright for Acts, Decrees, Regulations, and that which further, in speech or writing, has been made generally known by, or on behalf of, some public power.
Article 5.
Included in the right of the author is the exclusive right to publish in print translations of:
a. his works not published in print, including his oral presentations;
Chapter 1 Page 3
3 [124]
b. his published works, if he, in the original publication, on the title page, or failing that the cover, has explicitly reserved the right to one or more designated languages, and has published his translation within three years of the original publication.
For works consisting of separate volumes or parts, this period is calculated separately for each volume or part.
Article 6.
In case of simultaneous publication of the same work in several languages, only one publication will be considered the original and the others considered translations.
The author is entitled to indicate on the title page, or failing that the cover, which edition he takes to be the original.
In the absence of such an indication, the edition in the mother tongue of the author is considered the original.
Article 7.
Copyright of works published in print does not preclude that citations will be included in other works for announcement or review.
Provided the source is mentioned, one is free to re-publish in print items or essays from dailies or weeklies, unless copyright is explicitly reserved in the header of such an item or essay, and further action is taken in accordance with art. 10.
Article 8.
Copyright of oral presentations does not preclude that report is given of that which is addressed in a public meeting.
Article 9.
Copyright is taken to be movable property.
It is subject to full or partial transfer and passes down by inheritance.
It is not subject to seizure.
Chapter 1 Page 4
[124] 4
Par. 2 Conditions for the exercising of copyright on works published in print.
Article 10.
Copyright on printed work expires, if not the author, publisher, or printer submits two copies of that work, personally signed on the title page, or failing that, on the cover, stating his residence and the time of publication, to the Ministry of Justice within a month after the release, as regards the translations in compliance with the deadline set in art. 5b.
With the submission must be submitted a statement signed by the printer that the work has been printed in his printing house established within the Kingdom.
Article 11.
The Justice Department gives the submitters a receipt bearing the date.
Of these proofs the Department keeps a duplicate in a register which is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report of the submitted works and translations is issued in the Netherlands Government Gazette.
Article 12.
The exclusive right to execute or perform dramatic-musical works or plays is lost as soon as that work is published in print, unless the author explicitly reserves that right with the original publication on the title page or, failing that, on the cover of the work.
Par. 3 Duration of copyright.
Article 13.
Copyright of works published in print expires at the end of 50 years from the first edition, starting from the dated receipt, mentioned in art. 11.
Chapter 1 Page 5
5 [124]
If the author survives this term and never has transferred his right to another, he retains that right for life.
Article 14.
Copyright of works not published in print, including oral presentations, subsists for the duration of the life of the author and thirty years after his death.
Article 15.
The exclusive right to execute or perform dramatic-musical works or plays subsists:
1. for works not published in print, for the duration of the life of the author and thirty years after his death
2. for works published in print, where the exclusive right was reserved, for ten years from the dated receipt mentioned in art. 11.
Article 16.
The exclusive right to publish translations in print subsists:
1. for works not published in print, including oral presentations, so long as copyright subsists in it;
2. for works published in print, for five years from the dated receipt mentioned in art. 11.
Article 17.
For works consisting of separate volumes or parts, the duration of copyright is calculated separately for each volume or part.
Par. 4 Enforcement of copyright.
Article 18.
Without prejudice to the Civil Procedure, resulting from any
Chapter 1 Page 6
[124] 6
infringement of copyright, he who intentionally infringes another's copyright, is fined no less than fifty cents and not exceeding two thousand guilders.
The copies obtained by means of the crime, as well as the plates, shapes, and moulds belonging to the guilty, which have served to commit the crime, will be seized in favour of the State.
Article 19.
He who distributes or offers for selling a work, of which he knows that it infringes another's copyright, is fined no less than fifty cents and not exceeding six hundred guilders.
The copies obtained by means of copyright infringement will be confiscated in favour of the State.
Article 20.
The crimes, referred to in artt. 18 and 19, are not prosecuted unless complained of by he who they are committed against.
Article 21.
The copies seized under art. 18 and 19 are handed over to the author or his assignees, if they for this purpose report to the court registry within eight days of the entry into force of the judgment. Failing this, the copies are destroyed.
In case the judge has to rule on a civil action for damages, he shall take into account as much as possible the value of the copies delivered to the beneficiary.
Article 22.
Authors or their assignees may seize and demand the release or destruction of copies, published in print in violation of their exclusive right.
Seizure cannot be affected on individual copies, held
Chapter 1 Page 7
7 [124]
by persons who do not trade in these objects and have obtained them for personal use.
The art. 722 to 726 of the Code of Civil Procedure are applicable to this seizure.
Article 23.
When lifting the seizure the arrested person can be sentenced to pay costs, damages, and interests.
Par. 5 Transitional provisions.
Article 24.
Copyright or any other right of this nature obtained under earlier legislation is maintained, provided that the owner, within one year after the entry into force of this Act, submits a declaration to this effect to the Ministry of Justice.
Art. 18-23 of this Act are applicable to that right.
Article 25.
No copyright may be exercised on work published in print before the entry into force of this Act, which according to the previous legislation was not subject to copy right or for which the at the time required formalities had not been adequately taken into account, unless the author , publisher or printer within one year after the entry into force of this Act submits two copies of that work, personally signed on the title page, or failing that, on the cover, to the Ministry of Justice, stating his residence and the time of the original publication.
This time serves as the starting point in the calculation of the duration of copyright, barring proof to the contrary.
Copyright referred to in this article may not be invoked against works which had already commenced or been completed before the entry into force of this Act, and were permitted at the time.
Article 26.
The Ministry of Justice gives the submitters referred to in Articles 24 and 25 a receipt bearing the date.
Chapter 1 Page 8
[124] 8
Of these proofs a duplicate is kept by the Department in a register that is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report of the submitted descriptions is issued in the Netherlands Government Gazette, stating the time, specified by the submitter, of the original edition of the works submitted.
Par. 6 Final Provisions.
Article 27.
This Act applies to works printed and published in print in the Netherlands or Dutch East Indies, to works not published in print of authors residing in the Netherlands or Dutch East Indies, including oral presentations held in the Netherlands or in the Dutch East Indies.
Article 28.
This Act is also binding on the Dutch East Indies.
The works there published in print should be submitted to the Director of Justice, who ensures that a report thereon is published in the Javan Gazette, and on whom rest the further obligations assigned to the Department of Justice by this Act.
The Netherlands Government Gazette and the Javan Gazette reciprocally adopt the reports from each other as soon as possible.
In the case referred to in art. 22, for the Dutch East Indies apply similar provisions to the regulations in force there, in accordance with the difference that exists between the legislation for Europeans and those taken to be such, and
for the natives and those taken to be such.
No copyright may be exercised on work published in print in the Dutch East Indies before the entry into force of this Act unless action is undertaken in relation to that work in accordance with Art. 25.
Chapter 1 Page 9
9 [124]
Article 29.
All previous legal provisions concerning the right to copy and rights of translation, execution and performance are withdrawn.
Article 30.
This Act shall enter into force on the 1st of January 1882.
Order and command that this Act shall be entered in the Bulletin of Acts, Orders and Decrees, and that all Ministerial Departments, Authorities, Governing Bodies, and Civil Servants, whom it may concern, will control its diligent implementation.
Enacted at Wildungen, the 28th of June 1881.
WILLIAM III
Minister of Justice,
A.E.J. Modderman.
Home Secretary,
SIX.
Secretary of State for the Colonies,
W. VAN Goltstein.
Issued the eleventh of July 1881.
Minister of Justice,
A.E.J. Modderman.
Translation by: Miluska Kooij
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 358
Citation:
Copyright Act, Wildungen (1881), 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
9 translated pages
Chapter 1 Page 1
BULLETIN OF ACTS, ORDERS AND DECREES
OF THE KINGDOM OF THE NETHERLANDS
(No. 124.) ACT of 28th June 1881, regulating copyright.
We WILLIAM III , by the grace of God, King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Luxembourg, etc., etc., etc.
All, who shall see or hear read, greetings! Inform:
We have thus taken into consideration, that with the repealing of the Act of 25 January 1817 (Bulletin of Acts, Orders and Decrees No. 5), it is necessary to lay down provisions regulating copyright in the Netherlands and the Dutch East Indies;
So it is that We have approved and decreed, having heard the advice of the Council of State and in consultation with the States-General (both Chambers of Parliament), as We hereby approve and decree:
Par. 1. Concept and scope of copyright.
Article 1.
The right to publish writings, pictures, maps, musical works, dramatic works and oral presentations, as well as to execute or perform dramatic-musical works and plays in public, is reserved to the author and his assignees.
Any execution or performance accessible against payment, be it once or multiple times, even if additionally a ballotage is demanded, will be considered an execution or performance in public.
Chapter 1 Page 2
[124] 2
Article 2.
The authors shall be taken to be:
a. the persons by whom the arrangements necessary for the creation of works referred to in Article 1 are undertaken, formed by contributions from several co-workers;
b. public institutions, unions, foundations, and companies, in relation to the works delivered by them;
c. translators in relation to their translation.
For works formed by contributions from several co-workers, each co-worker also retains the copyright to the contribution made by him, insofar as not otherwise stipulated. With respect to the rights owners mentioned under a and b of this article, the second subsection of Art. 13 does not apply.
Article 3.
For works published in print without author name or under a pseudonym, the publisher, and if their name is also not mentioned on the title page, or failing that the cover, is considered to be the author, until another has declared himself beneficiary on the grounds provided in articles 10 and 11, with the exception of the deadline for submission set in art. 10.
Article 4.
Except in cases to be determined by Us, there exists no copyright for Acts, Decrees, Regulations, and that which further, in speech or writing, has been made generally known by, or on behalf of, some public power.
Article 5.
Included in the right of the author is the exclusive right to publish in print translations of:
a. his works not published in print, including his oral presentations;
Chapter 1 Page 3
3 [124]
b. his published works, if he, in the original publication, on the title page, or failing that the cover, has explicitly reserved the right to one or more designated languages, and has published his translation within three years of the original publication.
For works consisting of separate volumes or parts, this period is calculated separately for each volume or part.
Article 6.
In case of simultaneous publication of the same work in several languages, only one publication will be considered the original and the others considered translations.
The author is entitled to indicate on the title page, or failing that the cover, which edition he takes to be the original.
In the absence of such an indication, the edition in the mother tongue of the author is considered the original.
Article 7.
Copyright of works published in print does not preclude that citations will be included in other works for announcement or review.
Provided the source is mentioned, one is free to re-publish in print items or essays from dailies or weeklies, unless copyright is explicitly reserved in the header of such an item or essay, and further action is taken in accordance with art. 10.
Article 8.
Copyright of oral presentations does not preclude that report is given of that which is addressed in a public meeting.
Article 9.
Copyright is taken to be movable property.
It is subject to full or partial transfer and passes down by inheritance.
It is not subject to seizure.
Chapter 1 Page 4
[124] 4
Par. 2 Conditions for the exercising of copyright on works published in print.
Article 10.
Copyright on printed work expires, if not the author, publisher, or printer submits two copies of that work, personally signed on the title page, or failing that, on the cover, stating his residence and the time of publication, to the Ministry of Justice within a month after the release, as regards the translations in compliance with the deadline set in art. 5b.
With the submission must be submitted a statement signed by the printer that the work has been printed in his printing house established within the Kingdom.
Article 11.
The Justice Department gives the submitters a receipt bearing the date.
Of these proofs the Department keeps a duplicate in a register which is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report of the submitted works and translations is issued in the Netherlands Government Gazette.
Article 12.
The exclusive right to execute or perform dramatic-musical works or plays is lost as soon as that work is published in print, unless the author explicitly reserves that right with the original publication on the title page or, failing that, on the cover of the work.
Par. 3 Duration of copyright.
Article 13.
Copyright of works published in print expires at the end of 50 years from the first edition, starting from the dated receipt, mentioned in art. 11.
Chapter 1 Page 5
5 [124]
If the author survives this term and never has transferred his right to another, he retains that right for life.
Article 14.
Copyright of works not published in print, including oral presentations, subsists for the duration of the life of the author and thirty years after his death.
Article 15.
The exclusive right to execute or perform dramatic-musical works or plays subsists:
1. for works not published in print, for the duration of the life of the author and thirty years after his death
2. for works published in print, where the exclusive right was reserved, for ten years from the dated receipt mentioned in art. 11.
Article 16.
The exclusive right to publish translations in print subsists:
1. for works not published in print, including oral presentations, so long as copyright subsists in it;
2. for works published in print, for five years from the dated receipt mentioned in art. 11.
Article 17.
For works consisting of separate volumes or parts, the duration of copyright is calculated separately for each volume or part.
Par. 4 Enforcement of copyright.
Article 18.
Without prejudice to the Civil Procedure, resulting from any
Chapter 1 Page 6
[124] 6
infringement of copyright, he who intentionally infringes another's copyright, is fined no less than fifty cents and not exceeding two thousand guilders.
The copies obtained by means of the crime, as well as the plates, shapes, and moulds belonging to the guilty, which have served to commit the crime, will be seized in favour of the State.
Article 19.
He who distributes or offers for selling a work, of which he knows that it infringes another's copyright, is fined no less than fifty cents and not exceeding six hundred guilders.
The copies obtained by means of copyright infringement will be confiscated in favour of the State.
Article 20.
The crimes, referred to in artt. 18 and 19, are not prosecuted unless complained of by he who they are committed against.
Article 21.
The copies seized under art. 18 and 19 are handed over to the author or his assignees, if they for this purpose report to the court registry within eight days of the entry into force of the judgment. Failing this, the copies are destroyed.
In case the judge has to rule on a civil action for damages, he shall take into account as much as possible the value of the copies delivered to the beneficiary.
Article 22.
Authors or their assignees may seize and demand the release or destruction of copies, published in print in violation of their exclusive right.
Seizure cannot be affected on individual copies, held
Chapter 1 Page 7
7 [124]
by persons who do not trade in these objects and have obtained them for personal use.
The art. 722 to 726 of the Code of Civil Procedure are applicable to this seizure.
Article 23.
When lifting the seizure the arrested person can be sentenced to pay costs, damages, and interests.
Par. 5 Transitional provisions.
Article 24.
Copyright or any other right of this nature obtained under earlier legislation is maintained, provided that the owner, within one year after the entry into force of this Act, submits a declaration to this effect to the Ministry of Justice.
Art. 18-23 of this Act are applicable to that right.
Article 25.
No copyright may be exercised on work published in print before the entry into force of this Act, which according to the previous legislation was not subject to copy right or for which the at the time required formalities had not been adequately taken into account, unless the author , publisher or printer within one year after the entry into force of this Act submits two copies of that work, personally signed on the title page, or failing that, on the cover, to the Ministry of Justice, stating his residence and the time of the original publication.
This time serves as the starting point in the calculation of the duration of copyright, barring proof to the contrary.
Copyright referred to in this article may not be invoked against works which had already commenced or been completed before the entry into force of this Act, and were permitted at the time.
Article 26.
The Ministry of Justice gives the submitters referred to in Articles 24 and 25 a receipt bearing the date.
Chapter 1 Page 8
[124] 8
Of these proofs a duplicate is kept by the Department in a register that is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report of the submitted descriptions is issued in the Netherlands Government Gazette, stating the time, specified by the submitter, of the original edition of the works submitted.
Par. 6 Final Provisions.
Article 27.
This Act applies to works printed and published in print in the Netherlands or Dutch East Indies, to works not published in print of authors residing in the Netherlands or Dutch East Indies, including oral presentations held in the Netherlands or in the Dutch East Indies.
Article 28.
This Act is also binding on the Dutch East Indies.
The works there published in print should be submitted to the Director of Justice, who ensures that a report thereon is published in the Javan Gazette, and on whom rest the further obligations assigned to the Department of Justice by this Act.
The Netherlands Government Gazette and the Javan Gazette reciprocally adopt the reports from each other as soon as possible.
In the case referred to in art. 22, for the Dutch East Indies apply similar provisions to the regulations in force there, in accordance with the difference that exists between the legislation for Europeans and those taken to be such, and
for the natives and those taken to be such.
No copyright may be exercised on work published in print in the Dutch East Indies before the entry into force of this Act unless action is undertaken in relation to that work in accordance with Art. 25.
Chapter 1 Page 9
9 [124]
Article 29.
All previous legal provisions concerning the right to copy and rights of translation, execution and performance are withdrawn.
Article 30.
This Act shall enter into force on the 1st of January 1882.
Order and command that this Act shall be entered in the Bulletin of Acts, Orders and Decrees, and that all Ministerial Departments, Authorities, Governing Bodies, and Civil Servants, whom it may concern, will control its diligent implementation.
Enacted at Wildungen, the 28th of June 1881.
WILLIAM III
Minister of Justice,
A.E.J. Modderman.
Home Secretary,
SIX.
Secretary of State for the Colonies,
W. VAN Goltstein.
Issued the eleventh of July 1881.
Minister of Justice,
A.E.J. Modderman.
Translation by: Miluska Kooij