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Saxon Copyright Act, Dresden (1844)
Source: Max-Planck-Institut für Europäische Rechtsgeschichte Frankfurt / Main Dt 9 Ak 9
Citation:
Saxon Copyright Act, Dresden (1844), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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3.) Such rights, however, cease after the expiry of
a thirty-year period.
The latter begins:
a) in the year immediately following that of the
author's death, as long as the author's identity
can be proved and the work was published in his
lifetime;
b) in all other cases, this period begins in the year
following the first publication of the
intellectual product in question.
When calculating this thirty-year period, works which
constitute a whole by virtue of their intrinsic
correlation are to be treated as having appeared only
once the larger work they form part of has been completed;
as for collections which come out successively but do
not constitute a whole, it is the publication of each
separate part which will be taken into account.
The government reserves the right to extend this
thirty-year protection period in especially pertinent
cases.
After expiry of the period during which an intellectual
product is to receive the legal protection enacted above,
it becomes public property, the reproduction of which
is open to anyone who is authorised to undertake such
commercial enterprises according to the established
industrial and police regulations. When such public
property is reproduced, only those new intellectual
and artistic products with which it is brought into
contact become for their authors a source
of rights of the kind described in §§.1 and 2.
4.) The number of copies in which the reproduction
of a literary product or work of art may be carried out
depends on the agreement reached with the author or the
person who has acquired the latter's rights.
Therefore, if the number of copies that had been
agreed on is sold out, the author's consent must again
be obtained for further copies to be made, unless it was
initially agreed otherwise.
If no explicit contractual provision regarding the
number of copies in which the reproduction was to be
carried out can be dmonstrated, then a number of 1,000
will be assumed as a legal conjecture.
5.) However, for anyone who acquired the right to
reproduce a work before the enactment of this law - as
long as the author or his legal successors cannot prove
the contrary - it will be assumed that he acquired the
right to make an unlimited number of copies of the
unchanged original work and also to repeat these copies.
This same assumption applies to works entered into
the register of the former Book Commission, as well as
to works furnished with with book privileges by the former
Consistory, irrespective of whether the merely ten-year
period of their validity has already expired, and without
any further examination of the earlier claim to this
right of publication.
No Transcription available.
Source: Max-Planck-Institut für Europäische Rechtsgeschichte Frankfurt / Main Dt 9 Ak 9
Citation:
Saxon Copyright Act, Dresden (1844), 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.) Such rights, however, cease after the expiry of
a thirty-year period.
The latter begins:
a) in the year immediately following that of the
author's death, as long as the author's identity
can be proved and the work was published in his
lifetime;
b) in all other cases, this period begins in the year
following the first publication of the
intellectual product in question.
When calculating this thirty-year period, works which
constitute a whole by virtue of their intrinsic
correlation are to be treated as having appeared only
once the larger work they form part of has been completed;
as for collections which come out successively but do
not constitute a whole, it is the publication of each
separate part which will be taken into account.
The government reserves the right to extend this
thirty-year protection period in especially pertinent
cases.
After expiry of the period during which an intellectual
product is to receive the legal protection enacted above,
it becomes public property, the reproduction of which
is open to anyone who is authorised to undertake such
commercial enterprises according to the established
industrial and police regulations. When such public
property is reproduced, only those new intellectual
and artistic products with which it is brought into
contact become for their authors a source
of rights of the kind described in §§.1 and 2.
4.) The number of copies in which the reproduction
of a literary product or work of art may be carried out
depends on the agreement reached with the author or the
person who has acquired the latter's rights.
Therefore, if the number of copies that had been
agreed on is sold out, the author's consent must again
be obtained for further copies to be made, unless it was
initially agreed otherwise.
If no explicit contractual provision regarding the
number of copies in which the reproduction was to be
carried out can be dmonstrated, then a number of 1,000
will be assumed as a legal conjecture.
5.) However, for anyone who acquired the right to
reproduce a work before the enactment of this law - as
long as the author or his legal successors cannot prove
the contrary - it will be assumed that he acquired the
right to make an unlimited number of copies of the
unchanged original work and also to repeat these copies.
This same assumption applies to works entered into
the register of the former Book Commission, as well as
to works furnished with with book privileges by the former
Consistory, irrespective of whether the merely ten-year
period of their validity has already expired, and without
any further examination of the earlier claim to this
right of publication.
No Transcription available.