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J.F.F. Ganz's draft for a general ban on reprinting within the whole Empire, Mainz and Fulda (1790)

Source: Retrospektive Digitalisierung wissenschaftlicher Rezensionsorgane und Literaturzeitschriften des 18. und 19. Jahrhunderts aus dem deutschen Sprachraum, http://www.ub.uni-bielefeld.de/diglib/aufklaerung/index.htm.

Citation:
J.F.F. Ganz's draft for a general ban on reprinting within the whole Empire, Mainz and Fulda (1790), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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            Chapter 1 Page 9 of 11 total



for the harmfulness of reprinting            413

causes ruin to trade. Even though a few centuries
back the reprinting of books was not taken into
account, it is nevertheless the case that attention
was paid to the obstacles which impeded trade, and
the removal of these was entrusted to the care of
the most noble Prince-Electors, and the Imperial
laws enacted later were merely a re-iteration of
what had already been established in the most
binding terms at the Electoral Capitulation. If,
therefore, the noble College of Electors should,
at the next Electoral Capitulation, deign to
devote special attention to that particular branch of
German industry which is made up by the book trade,
and to eliminate everything that threatens to
undermine literature and the book trade, then,
strictly speaking, it is not a new law which is
hereby being drafted, but, rather, the provision
thus made is as appropriate to the extreme
necessity which calls it forth and to the ease
with which a remedy can be applied, as the
restrictions and prohibitions of customs abuses
which from time to time were set forth in Electoral
Capitulations. In particular, though, the princes
and other Imperial estates will be grateful to the
noble College of Electors if the principle of
sovereign superintendence of active and passive
book trade, and of the branches of industry
associated with these, is laid down without any
restrictions whatsoever.

§. 12

      To what extent, and with which modifications
this might be achieved, is a matter best left to
those great and accomplished statesmen whom
Providence has appointed to weigh at the present
moment the welfare of the Empire and the preserva-
tion of its Constitution against the obstacles
which stand in the way of the former, and to
facilitate the means by which the head of the
Empire who is to be elected can bestow upon all
members of the Empire the protection of the laws.
Perhaps it is not hazarding too much to attach to
this most humble

[Col. 2]

request that curbing the reprinting of books should
be made into a general obligation, suggestions in
the form of brief sentences, together with analogous
quotations, as to how this can be achieved in a way
which is in accordance with the German Constitution.

      I. No book, in which the names of the publisher
and printer are stated, and which has been printed
under the supervision and censorship of a German
Imperial estate, may be reprinted in any German
province *)
      *) Imperial edict of 1529, §.9 - of 1530, §.58,
the "improvement of the policing regulations" of 1548,
Art. XXXIV, §.1; Imperial edict of 1570, §.156 and 159,
Imperial police regulation of 1577, Art. XXXV, §.2
      Imperial edict for the whole Empire of 18 July
1715, and for the same purpose the Imperial charter of
10 February 1746, §.3.

      II. The sale of such a reprint is nowhere to be
permitted *)
      *) Imperial police regulation of 1577, §.2.

      III. It is the duty of the Imperial Circles and
their directors to ensure that no reprinted publications
are imported into any Circles or printed in these. Every
member of an Imperial Circle, as soon as he finds out
about a violation of this ban, is authorised and obliged
to submit a certified notification of this to the
convoking lords and princes of that Circle *)
      *) Imperial report of 24 July 1668, §.6 - Imperial
Commission decree of 10 October/30 September 1668.

      IV. If the deceit of reprinting or its concealment
is discovered, or



    


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