PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Rules to preserve the property of authors over their works, Madrid (1813)

Source: Biblioteca Nacional de España (BNE, Signature: U/10282 V.4) from Colección de los decretos y órdenes que han expedido las Cortes Generales y Extraordinarias, Volume 4, 1813, (Spain) pp. 105-106

Citation:
Rules to preserve the property of authors over their works, Madrid (1813), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Chapter 1 Page 1


                        [105]
      
                  DECREE CCLXV.
                        10 JUNE 1813.

      Rules to preserve the property of authors
                              over their works.

      The general and extraordinary Cortes,
aiming to protect the property right that all authors
have over their writings, and wishing that these
will never be forgotten, then prejudicing
the national Enlightenment and literature,
decrees:
      
      I. Since writings constitute a property of its
author, such author alone, or whoever may have his
consent, shall be able to print them for the author's
life as many times at his convenience, and no one
else may print them, not even those with the excuse
of annotating or adding something to it. When the
author dies, the exclusive right to print will pass to
his heirs for ten years from his death. However, if the
work had not been published when the author dies,
those ten years granted to the heirs shall be counted
from the date in which they did the first edition.
      
      II. When the author of a work is a corporation,
the corporation shall retain the property
      


Chapter 1 Page 2


                        [106]
      
for forty years from the date of the first edition.
      
      III. After the period of time mentioned in
the previous articles, these writings shall become
common property, and everybody shall have the
possibility of printing them whenever they want.
      
      IV. When someone acts against what is
established in the first two articles of this decree,
the interested party may initiate proceedings against
him before the judge, who shall decide the case in
accordance to the enforceable laws regulating against
the taking of someone's else property.
      
      V. Identical situation arises when those who
act fraudulently made literal reprints of any newspaper
or of any of its articles.
      
      The Regency of the kingdom is hereby notified
for its enforcement and shall arrange for its printing,
publication and circular. _ Given in Cádiz, 10 June 1813 –
Florencio Castillo,President.–José Domingo Rus,
Deputy Secretary.-Manuel Goyanes, Deputy
Secretary.- To the Regency of the kindom.- Reg. Book. 2
fol. 195





Translation by: José Bellido

    


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