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Directive for reciprocal copyright protection within the German Confederation, Berlin (1837)
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Directive for reciprocal copyright protection within the German Confederation, Berlin (1837), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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3 translated pages
Chapter 1 Page 1
- 161 -
(No. 1839) Patent of publication for the Resolution passed by the
Federal Convention of the German Confederation, on 9 November
of this year, in order to establish uniform principles for the protection
of literary and artistic property against reprinting and unauthorized
reproduction. Issued on 29 November, 1837.
We, Frederick William, by the Grace of God, King of
Prussia etc. etc.
Make known and announce:
After the Federal Convention of the German Confederation has
assembled to deliberate how, in execution of the relevant provision
of Article 18 of the German Federal Act, as well as the Federal Resolution
of 2 April, 1835, whereby reprinting is prohibited throughout the whole
territory of the Confederation, uniform principles are to be established
for the protection of authors and also artists against the reprinting and
unauthorized reproduction of their works across the whole territory of
the Confederation, and after, in consequence of this, the German
Federal Governments, at the 31st Session of the Federal Convention
on 9 November of this year, have agreed on what follows:
The Governments united in the German Confederation
agree to apply the following principles for the benefit of
literary and artistic works which appear within the
territory of the German Confederation.
Art. 1. Literary products of all kinds, as well as
works of art, regardless of whether they have already
been published or not, may not be reproduced by
mechanical means without the consent of their
author or the person to whom the
latter has transferred his rights to the original.
Art. 2. The right, described in Article 1, of the
author, or of the person who has acquired the property
in the literary or artistic work, passes on to his heirs
and legal successors, and, insofar as the publisher is
named on the work, this right is to be recognized and
protected in all Confederate States for a period of at
least ten years.
This term of ten years is to be reckoned as starting
Chapter 1 Page 2
- 162 -
from the date of the present Federal Resolution in the case of publications
and artistic works which have appeared within the territory of the German
Confederation over the last twenty years; and for works that appear in
future from the year of their appearance.
For works which come out in several instalments, this term for the
whole work is to start only once the last volume or issue has been
published, provided that a period of no more than three years elapses
between the publication of the individual volume or issues.
Art. 3. For the benefit of authors or publishers of large works
of scholarship and art which entail significant outlays (Art. 1), the
minimum term stated there for the protection of the totality [of the
work] against reprinting (Art. 2) may also be extended to a
longer period of at most twenty years; and with respect to
those Governments whose State laws do not already offer
protection reaching up to this extended term, a resolution
is accordingly to be passed at the Federal Convention if
the Government concerned lodges such a request [within]
three years after the publication of the work.
Art. 4. The author or publisher of the originals
of reprinted or illegally reproduced works is entitled to
full compensation.
Apart from the penalties to be imposed in accordance
with each State’s laws against reprinting, in all cases the
reprinted copies, and, where works of art are concerned,
also the equipment used for the reproduction (that is, moulds,
plates, stones etc.), are to be confiscated.
Art. 5. The sale of all reprints and reproductions of
the objects described under Art. 1, regardless of whether
these have been brought about within the German Federal
territory or outside its boundaries, is to be prohibited in all
the Confederate States on pain of confiscation and
Chapter 1 Page 3
- 163 -
and the penalties threatened by the State laws
Moreover, it goes without saying that the
Federal Governments in whose territories
reprinting was until now not forbidden by law
are to decide for themselves, whether and for
how long they are willing to allow the
distribution of already existing reprints across
the extent of their lands.
Art. 6. The Federal Convention is to be
informed of how the Federal Governments intend
to execute the present general principles by
special laws or ordinances, and at the same time
it must also be explained what formalities have to
be fulfilled in the individual States, in order to
prove that a work is an original edition and to
establish the time of its publication.
Now, since a large majority of the Federal Governments has
voted in favour of according to authors and publishers an even more
extensive term of protection across the whole territory of the
Confederation than that which is stated as the minimum in Article 2
of the present Federal Resolution, once we have reached the year
1842, unless the need for this should arise earlier, the question as
to a longer duration of the protection to be granted by all the Members
of the Confederation to the rights of authors and publishers, is to
be jointly deliberated again at the Federal Convention, on which
occasion the overall influence which, in the light of any experiences
gathered in the meantime, the present provisions have had on art
and literature, on the interests of the public and on the flourishing
of the art and book trade, is also to be brought into consideration.
[...]
Translation by: Luis Sundkvist
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Directive for reciprocal copyright protection within the German Confederation, Berlin (1837), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
3 translated pages
Chapter 1 Page 1
(No. 1839) Patent of publication for the Resolution passed by the
Federal Convention of the German Confederation, on 9 November
of this year, in order to establish uniform principles for the protection
of literary and artistic property against reprinting and unauthorized
reproduction. Issued on 29 November, 1837.
We, Frederick William, by the Grace of God, King of
Prussia etc. etc.
Make known and announce:
After the Federal Convention of the German Confederation has
assembled to deliberate how, in execution of the relevant provision
of Article 18 of the German Federal Act, as well as the Federal Resolution
of 2 April, 1835, whereby reprinting is prohibited throughout the whole
territory of the Confederation, uniform principles are to be established
for the protection of authors and also artists against the reprinting and
unauthorized reproduction of their works across the whole territory of
the Confederation, and after, in consequence of this, the German
Federal Governments, at the 31st Session of the Federal Convention
on 9 November of this year, have agreed on what follows:
The Governments united in the German Confederation
agree to apply the following principles for the benefit of
literary and artistic works which appear within the
territory of the German Confederation.
Art. 1. Literary products of all kinds, as well as
works of art, regardless of whether they have already
been published or not, may not be reproduced by
mechanical means without the consent of their
author or the person to whom the
latter has transferred his rights to the original.
Art. 2. The right, described in Article 1, of the
author, or of the person who has acquired the property
in the literary or artistic work, passes on to his heirs
and legal successors, and, insofar as the publisher is
named on the work, this right is to be recognized and
protected in all Confederate States for a period of at
least ten years.
This term of ten years is to be reckoned as starting
Chapter 1 Page 2
from the date of the present Federal Resolution in the case of publications
and artistic works which have appeared within the territory of the German
Confederation over the last twenty years; and for works that appear in
future from the year of their appearance.
For works which come out in several instalments, this term for the
whole work is to start only once the last volume or issue has been
published, provided that a period of no more than three years elapses
between the publication of the individual volume or issues.
Art. 3. For the benefit of authors or publishers of large works
of scholarship and art which entail significant outlays (Art. 1), the
minimum term stated there for the protection of the totality [of the
work] against reprinting (Art. 2) may also be extended to a
longer period of at most twenty years; and with respect to
those Governments whose State laws do not already offer
protection reaching up to this extended term, a resolution
is accordingly to be passed at the Federal Convention if
the Government concerned lodges such a request [within]
three years after the publication of the work.
Art. 4. The author or publisher of the originals
of reprinted or illegally reproduced works is entitled to
full compensation.
Apart from the penalties to be imposed in accordance
with each State’s laws against reprinting, in all cases the
reprinted copies, and, where works of art are concerned,
also the equipment used for the reproduction (that is, moulds,
plates, stones etc.), are to be confiscated.
Art. 5. The sale of all reprints and reproductions of
the objects described under Art. 1, regardless of whether
these have been brought about within the German Federal
territory or outside its boundaries, is to be prohibited in all
the Confederate States on pain of confiscation and
Chapter 1 Page 3
and the penalties threatened by the State laws
Moreover, it goes without saying that the
Federal Governments in whose territories
reprinting was until now not forbidden by law
are to decide for themselves, whether and for
how long they are willing to allow the
distribution of already existing reprints across
the extent of their lands.
Art. 6. The Federal Convention is to be
informed of how the Federal Governments intend
to execute the present general principles by
special laws or ordinances, and at the same time
it must also be explained what formalities have to
be fulfilled in the individual States, in order to
prove that a work is an original edition and to
establish the time of its publication.
Now, since a large majority of the Federal Governments has
voted in favour of according to authors and publishers an even more
extensive term of protection across the whole territory of the
Confederation than that which is stated as the minimum in Article 2
of the present Federal Resolution, once we have reached the year
1842, unless the need for this should arise earlier, the question as
to a longer duration of the protection to be granted by all the Members
of the Confederation to the rights of authors and publishers, is to
be jointly deliberated again at the Federal Convention, on which
occasion the overall influence which, in the light of any experiences
gathered in the meantime, the present provisions have had on art
and literature, on the interests of the public and on the flourishing
of the art and book trade, is also to be brought into consideration.
[...]
Translation by: Luis Sundkvist