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Copyright Act for the German Empire, Berlin (1870)
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Copyright Act for the German Empire, Berlin (1870), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
FEDERAL LAW GAZETTE
of the
NORTH GERMAN CONFEDERATION
1870.
_____________
Contains
the statutes, regulations etc. enacted from 6 January to 30 December 1870,
together with some earlier treaties etc from the years 1868
and 1869.
(From Nr. 401 up to and including Nr. 601)
NR. 1 up to and including NR. 51
_______________________
Berlin,
available at the Joint Office for Sales of Codes of Law and Newspapers.
Chapter 1 Page 2
339
FEDERAL LAW GAZETTE
of the
NORTH GERMAN CONFEDERATION
__________________________
Nr. 19.
__________________________
(Nr.506) Statute concerning author's rights to literary works, illustrations,
musical compositions and dramatic works. Enacted on 11 June 1870.
WE, WILHELM, by the Grace of God King of Prussia etc.,
decree in the name of the North German Confederation, and with the approval
of the Bundesrat and the Reichstag, the following:
I. Literary works
a. Exclusive right of the author.
§. 1
The right to reproduce a literary work by mechanical means is vested
exclusively in the author of the work.
§. 2
The editor of a work which consists of contributions by a number of
people is treated, with regard to the protection granted by the present
law, as equivalent to the author, as long as this work constitutes a
uniform whole.
The author's right to these individual contributions is vested in
the respective authors of these.
§. 3
The author's right passes to his heirs. This right can, either
conditionally or unconditionally, by contract or by testamentary disposal,
be transferred to other persons.
b. Prohibition of reprinting
§. 4
Any mechanical reproduction of a literary work which is carried out
Chapter 1 Page 3
340
without the permission of the right-holder (§§. 1, 2, 3) counts as
reprinting and is forbidden.
With regard to this prohibition, it makes no difference whether
the work has been reproduced fully or just partially.
Copying by hand will also be considered as equivalent to
mechanical reproduction if it is meant to act as a substitute for
printing.
§. 5
The following are also considered to be cases of reprinting (§. 4):
a) the printing of as yet unpublished literary works (manuscripts) without
the author's permission;
Even the legitimate owner of a manuscript, or of a written copy of it,
must obtain the author's permission before he can print it off;
b) printing, without the author's consent, speeches which are given for
the purposes of edification, instruction or entertainment;
c) the re-impression of works undertaken by the author or his publisher
in violation of the contract which is in place between the two;
d) the production, on the part of the publisher, of a greater number of
copies than he is entitled to contractually or legally.
§. 6
Translations carried out without permission of the author of the
original work count as reprinting:
a) if, in the case of a work that first appeared in a classical language,
a translation of it into a modern language is published;
b) if, in the case of a work that is published in various languages at the
same time, a translation is arranged in one of those languages;
c) if the author has reserved for himself the right of translation by
indicating this on the title-page or the opening pages of the work,
provided that the publication of the thus reserved translation is begun
within a year after the appearance of the original work and is completed
within three years. The calendar year in which the original work appeared
is not included in this calculation.
In the case of original works which come out in a number of volumes
or instalments, each volume or instalment is treated as a separate work for
the purposes of this section, and the reservation of the right of translation
must be repeated in every volume or instalment.
In the case of dramatic works, the translation must have appeared in full
within six months from the date that the original work was published.
The date of commencement and completion of the translation must also
be declared by the deadlines indicated for entering these in the register
Chapter 1 Page 4
341
(§§. 39f.), failing which the protection against new translations
will expire.
The translation of a still unpublished work, which is
protected against reprinting (§. 5 a and b) is to be treated as
equivalent to reprinting.
Translations are, just like original works, to enjoy the
protection of this law against reprinting.
c. What does not count as reprinting.
§. 7
The following are not to be treated as instances of reprinting:
a) the verbatim quotation of individual passages or small sections
of an already published work; or the inclusion of already published
brief works in a larger whole, as long as this really is an independent
scholarly work in terms of its overall content, or in compilations
which are made from the works of a number of writers for use in church
or instruction in schools and elsewhere, or also for a particular
literary purpose. This, however, is on condition that the author(s) or
the source which has been used are indicated;
b) the [re-]printing* of individual articles from newspapers and other
journals, with the exception of novellas and scholarly essays, as well
as of any other longer news-items if at the start of these a declaration
has been included to the effect that printing copies is not allowed;
c) the [re-]printing of codes of legislation, laws, official decrees,
public records and conference proceedings of all kinds;
d) the printing of speeches made at court proceedings, at political,
communal and religious occasions, as well as at political and suchlike
meetings.
d. Duration of the author's exclusive right
§. 8
The protection against reprinting given by the present law is, with
reservation of the following separate provisions, granted to the author
(§§. 1 and 2) for life and for thirty years after his death.
§. 9
In the case of a work which has been written by a number of persons
as co-authors, the term of protection extends for thirty years after the
death of the last of that co-author who is the last to die.
In the case of works which are made up of contributions from several
authors, the term of protection for the various pieces contributed depends
on whether the authors of these are named or not (§§. 8, 11).
§. 10
Individual essays, disquisitions etc., which have appeared in
periodical works, such as
_______________________
*) The term Abdruck is used consistently here to
indicate a reprint that is allowed in practice and by the laws,
and in contrast to a Nachdruck, which almost always
means an illegal, unauthorised reprint.
Chapter 1 Page 5
342
journals, pocket-books, calendars etc., can, even without
the consent of the editor or publisher of the work in
which they were included - provided that it has not been
agreed otherwise - be printed elsewhere by their authors
after two years have passed since their first publication.
§. 11
In the case of already published works, the term of
protection stipulated in §. 8 is conditional on the true
name of the author being stated on the title-page or below
the dedication or at the end of the preface.
For those works which are made up of contributions by
several colleagues, to ensure that these contributions are
protected it is sufficient for the name of the author to
be given at the head of the first page, or at the end, of
his article.
A work which is published either under a different name
to that of the author, or for which no author is named at
all, will be protected against reprinting for thirty years
from the first publication (§. 28).
If within these thirty years, calculated from the date
of the first publication, the author's true name is declared
for entry into the register (§§. 39f.) either by the author
himself or by his legal successors, this will lead to the work
being covered by the longer protection term specified in §. 8.
§. 12
Works which are not published until after the author's death
are to be protected against reprinting for thirty years, counted
from the date of his death.
§. 13
Academies, universities, other juridical persons, public
educational institutions, as well as learned and other societies,
if as publishers they are considered equivalent to authors (§. 2),
are to enjoy, for the works they bring out, a protection term of
thirty years from the date of their publication.
§. 14
In the case of works which come out in various volumes or
instalments, the protection terms are calculated from the date of
publication of each one of these volumes or each one of these
instalments.
For works, however, which deal with a single task over one or
several volumes, which volumes are then to be regarded as linked
amongst themselves, the protection term does not commence until the
publication of the last volume or the last instalment.
Nevertheless, if between the publication of individual volumes
or instalments a space of time greater than three years has elapsed,
the volumes, instalments etc. which appeared earlier are to be
treated as a whole work in their own right, and, similarly, any further
sequels appearing after these three years shall be regarded as a new
work.
Chapter 1 Page 6
343
§. 15
The prohibition on bringing out translations lasts, in
the case of §. 6 b, for five years from the publication of
the original work, and, in the case of §. 6 c, for five
years from the first publication of the legitimate translation.
§. 16
When calculating the extent of the legal term of protection
(§§. 8f.), the year in which the author died and the calendar
year in which the work or translation was published are not
counted as well.
§. 17
A right of escheat to the fiscal authorities or to other
persons entitled to derelict estates does not apply with regard
to the exclusive right of the author and his legal successors.
e. Compensation and penalties
§. 18
Whosoever, be it intentionally or through negligence, causes
a reprint (§§. 4ff.) to be made for the purpose of distributing
it within or outside of the North German Confederation, is liable
to indemnify the author or his legal successors, and apart from
this a fine of up to a thousand thaler will be imposed on him.
The punishment for reprinting, however, will not be applied
if the person who caused the reprint was acting in good faith and
did so under an excusable, real, or legal mistake.
If the fine due to be paid cannot be raised by the offender,
then, in accordance with the penal laws, it is to be changed to an
equivalent term of imprisonment for up to six months.
Instead of any of the indemnities that follow from this law,
the court may, on the request of the injured party, impose, apart
from the punishment, a fine of up to two thousand thaler which
the offender is to pay to the injured party. Those sentenced to
such a fine have a joint and several liability to ensure that it
is paid.
Once a fine has been imposed, this excludes the possibility
of asserting any further compensation claims.
If the person who arranged the reprint is found to have acted
with no criminal intent, he is liable to indemnify the author or
his legal successors merely up to the extent of the profit which
he derived from the reprint.
§. 19
The question as to whether losses have been caused, and the
calculation of their extent, as well as of the profit made (if at
all) by the reprinter, is entrusted to the adjudicating court,
which will take into account all circumstances and come to an
independent decision.
§. 20
Whosoever, be it deliberately or through negligence, causes
another person
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bring about a reprint becomes liable to the punishment
specified in §. 18, and is obliged to indemnify the
author or his legal successors in accordance with §§. 18
and 19, even when the person having brought about the
reprint turns out to be not liable to punishment or
indemnification according to §. 18.
If, however, the person who brought about the reprint
also acted deliberately or through negligence, then both
are jointly liable to indemnify the right-holder.
The culpability and liability to indemnification of
the other parties involved in the reprinting are to be
determined according to general legal precepts.
§. 21
The reprint copies still in stock and all equipment
used solely for this illegal reproduction - such as
moulds, plates, stones, stereotype casts etc. - are liable
to confiscation. After the confiscation has been imposed
in a legally valid manner with regard to their owner, these
objects are to be either destroyed or stripped of those
attributes of theirs [which allow them to be used for the
mechanical reproduction of the work in question] and then
returned to their owner.
If only part of a work is considered to be a reprint,
then the scope of the confiscation is restricted to that
part of the work which is regarded as a reprint and to all
equipment used for the preparation of that part.
Confiscation extends to all those reprint copies and
pieces of equipment which are in the possession of the
person who carried out the reprinting, the printer, the
retail bookseller, the licensed distributing agent, and,
finally, the person who caused the reprint to be made (§. 20).
Confiscation will also be enforced even in those
cases when the persons who carried out and caused the
reprint acted neither deliberately nor negligently (§. 18).
It will also be applied to the heirs of the latter.
The injured party is entitled to take over all or part
of the reprint copies and pieces of equipment on payment
of the production costs, insofar as the rights of third
parties are not infringed upon or endangered through this.
§. 22
The offence of reprinting is committed as soon as a
reprint copy of a work has been produced in violation of
the provisions of the present law, be it within the
territory of the North German Confederation or outside it.
Where only an attempt at reprinting has been
undertaken, no prosecution, nor liability of the reprinter
to pay damages come into effect. But confiscation of the
reprinting equipment (§. 21) is to be applied in this case,
too.
§. 23
In cases of repeated offences, the penalty is not
to be increased beyond the highest legal punishment (§. 18).
§. 24
If in the cases specified in §. 7 a) the source or
the name of the author are omitted deliberately or through
negligence, then
Chapter 1 Page 8
345
the persons who carried out and commissioned this reprint
are liable to a fine of up to twenty thaler.
This fine cannot be changed to a term of imprisonment.
There is no liability for indemnification.
§. 25
Whosoever deliberately offers for sale on a professional
basis, sells or distributes in any other way, within or
outside the territory of the North German Confederation,
copies of a work which have been produced in violation of the
provisions of the present law, is obliged to indemnify the
author or his legal successors in proportion to the damages
he has caused, and also becomes liable to a fine in accordance
with §. 18.
Confiscation, in accordance with §. 21, of the reprint
copies designated for distribution on a professional basis is
also to be enforced even if the distributor has not acted
with criminal intent.
The persons causing or commissioning a reprint to be
carried out are also liable to pay indemnification, as well as
to punishment for the distribution of reprints, if they are
not already liable to pay damages and culpable as such.
f. Procedures
§. 26
Both the decision on compensation claims, as well as the
imposition of the penalties threatened in the present law and
the confiscation of reprint copies etc., fall within the
competence of the courts of general jurisdiction.
Prosecution for the confiscation of the reprint copies etc.
can be instituted both by a criminal and a civil law action.
§. 27
Criminal proceedings are not to be instituted ex officio: rather,
they are to be instituted only after the injured party has appealed
to a court. An action for prosecution can be withdrawn at any time
preceding the pronouncement of a sentence of conviction.
§. 28
Anyone whose authorial or publishing rights are encroached
upon or endangered by mechanical reproduction is entitled to
sue for the prosecution of reprinting.
In the case of works which have already been published, that
person shall, until the contrary is proved, be considered to be
the author whose name is, in accordance with §. 11 (par. 1, 2),
indicated on the work as that of the author.
In the case of anonymous or pseudonymous works, the editor,
or, if the latter is not indicated, the publisher are entitled
to exercise the rights vested in the author. The publisher whose
name is given on the work shall without any further proof be
regarded as the legal successor of the anonymous or pseudonymous
author.
Chapter 1 Page 9
346
§. 29
In lawsuits concerning reprinting, including
those suits which are undertaken against persons
profiting from reprints, the judge, without being
bound by any prescriptive rules about the validity of
the evidence presented, is to establish the facts of
the case by reaching an independent conclusion
based on the totality of what has come to light in
the proceedings.
Similarly, when deciding whether the reprinter
or the commissioner of a reprint (§§. 18, 20) acted
negligently, the judge is not bound by the various
degrees of negligence envisaged by the state laws.
§. 30
If technical questions, on which the establishment
of evidence for a reprint or the calculation of the
damages caused or the profit made by the reprinter, are
open to doubt or disputed, then the judge is entitled
to request an expert report.
§. 31
In all states forming part of the North German
Confederation associations of experts are to be formed
from amongst scholars, authors, booksellers, and other
suitable persons, which, when requested to do so by a
judge, are obliged to submit reports on the questions
put to them. The various member states of the
North German Confederation are free to join other fellow
member states for this purpose, or to agree on the
establishment of joint experts' associations [comprising
experts from various states].
The experts' associations are, if requested to do
so by the parties involved, entitled to act as arbitrators
and to make awards regarding disputed compensation claims
and confiscation in accordance with §§. 18-21.
The Office of the Chancellor of the Confederation
will issue instructions about the composition and sphere
of operations of the experts' associations.
§. 32
The competence of the Supreme Federal Commercial Court
in Leipzig, as outlined in §§. 12 and 13 of the Law of 12
June 1869 concerning the creation of a Supreme Court for
commercial matters, is extended to also cover those civil
cases in which, on the basis of the provisions of this law,
legal proceedings have been instituted for the securement of
damages or for confiscation.
The Supreme Federal Commercial Court also takes the
place of the existing court with supreme jurisdiction over
the territory in which proceedings were first initiated
in criminal cases that are to be settled in accordance with
the provisions of this law; and, moreover, it does so with
the same competence as corresponds to that supreme court by
virtue of the laws of that state.
In the criminal cases which fall within the competence
of the Supreme Federal Commercial Court, in accordance with
the above provisions, the procedure to be observed by this
court, too, will be determined by the code of criminal
procedure which is in force in the territory from which the
case was transferred to the Supreme Federal Commercial Court.
The duties of the public prosecutor's office in these criminal
cases will at the Supreme Federal Commercial Court be attended
to and exercised by the public prosecutor who is supposed to
Chapter 1 Page 10
347
exercise these duties at the supreme court of the
territory in question. However, the designated public
prosecutor can arrange to be represented at the
hearing by a public prosecutor who has been appointed to
the Leipzig [Supreme Commercial Court] or by a lawyer
who is resident in Leipzig.
Criminal cases for which the Supreme Federal
Commercial Court has jurisdiction in the final instance,
and criminal cases over which the supreme court of a
given territory has final overall jurisdiction cannot
be combined into a single set of criminal proceedings.
The provisions of §§. 10, 12 (par. 2), §. 16 (par. 2),
§§. 17, 18, 21 and 22 of the Law of 12 June 1869 are also
to be applied to the criminal cases which fall within the
jurisdiction of the Supreme Federal Commercial Court.
g. Limitation
§. 33
Prosecutions for reprinting and actions founded on
compensation claims for [damages caused by] reprinting,
including lawsuits dealing with accusations of unjust
enrichment (§. 18) fall under the statute of limitation
after three years.
The limitation period commences from the day on
which the distribution of the reprint copies first took
place.
§. 34
Prosecutions for the distribution of reprint copies
and actions founded on compensation claims for [damages
caused by] this distribution (§. 25) also fall under the
statute of limitation after three years.
The limitation period commences from the day on
which such distribution last took place.
§. 35
Reprinting and the distribution of reprint copies are
not to be punished if the person entitled to institute legal
proceedings fails to do so within three months after
having learnt of the offence committed and ascertained the
identity of the offender.
§. 36
The petition for confiscation and destruction of the
reprint copies, as well as of any equipment used solely
for the illegal production of such copies (§. 21), can be
made at any time, as long as these copies and pieces of
equipment are still on hand.
§. 37
The infringement which is committed by failing to
indicate the source or the author's name in the cases
covered by §. 7 a) falls under the statute of limitation
after three months.
The limitation period commences from the day on
which the [re-]print [Abdruck] was first
distributed.
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348
§. 38
The general legal provisions will decide by which
actions the limitation period is interrupted.
The institution of criminal proceedings does not
interrupt the limitation period of an action founded on
a compensation claim, and, vice versa, the presentation of
a compensation claim does not interrupt the limitation
period of the criminal proceedings.
h. Register
§. 39
The register in which the details specified in §§. 6
and 11 have to be entered is to be kept at the Leipzig
City Council.
§. 40
The City Council of Leipzig is obliged to make the
entries requested by interested parties without any
preliminary examination of the applicant's entitlement to
such registration or of the accuracy of the details he
has submitted for entry into the register.
§. 41
The Federal Chancellery Office will issue instructions
on how the register is to be kept. Anyone is entitled to
peruse the register and to request certified copies of
extracts from it. [New] entries are to be publicly
communicated in the Commercial Newspaper for the German
Book Trade or, in the case that the latter should cease
to come out, in another newspaper chosen by the Federal
Chancellery Office.
§. 42
All petitions, transactions, certifications, attestations,
extracts etc. which have to do with the registration process are
free from stamp duty.
But for every new entry, every certificate confirming inclusion
in the register, as well as for all other kinds of extracts requested
from the register, a fee of 15 silbergroschen is charged each time,
and, in addition to this, the applicant has to pay any costs incurred
by the announcement of his successful registration (§. 41).
II. Geographical, topographical, scientific, architectural,
technical and similar illustrations
§. 43
The provisions given in §§. 1-42 are also to be applied to
geographical, topographical, scientific, architectural, technical,
and suchlike drawings and illustrations, which, as far as their
principal function is concerned, cannot be considered to be
works of art.
Chapter 1 Page 12
349
§. 44
It is not to be treated as reprinting if
individual illustrations from one literary work
are added to another, provided that the text of
the latter is the main part of the work, and that
the illustrations are just there to help clarify
etc. the text. The author or the source used must
also be indicated, or, otherwise, the penalty
provisions of §. 24 will be applied.
III. Musical compositions
§. 45
The provisions contained in §§. 1-5, 8-42 are
also to be applied to the exclusive right of the
author to the reproduction of musical compositions.
§. 46
To be treated as equivalent to reprinting are
all adaptations of a musical composition which are
published without the author's permission and which
cannot be regarded as original compositions in their
own right - this is, in particular, the case for
excerpts from a musical composition, arrangements for
one or several instruments or voices, as well as
the printing of individual motifs or melodies from
one and the same work which have not been developed
in a creative, artistic way.
§. 47
Not to be regarded as equivalent to reprinting are
the following instances: the citation of individual
passages from an already published musical work; the
inclusion of already published shorter compositions in
a scholarly work which is an independent work in its
own right, as well as in compilations of works by
various composers which are to be used in schools,
excluding music schools. This is, however, always on
condition that the author or the source used are
properly indicated, failing which the penalty provision
of §. 24 will be applied.
§. 48
It is not to be considered as reprinting if one
uses an already published literary work as the text
for musical compositions, insofar as the text is
printed together with the music score.
An exception is constituted by those texts which,
according to their very nature, are significant only
in the ancillary function they serve with regard to
compositions - namely, the libretti for operas and
oratorios. Texts of this kind may only be printed
together with the musical compositions, if one has
obtained the consent of their authors.
In order to print the text without the music, it
is necessary to have the permission of the author or
his legal successors.
§. 49
The experts' associations which, in accordance
with §. 31 are to submit reports
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250
on the reprinting of musical compositions, are
to consist of composers, music professionals,
and music publishers.
IV. Public performances of dramatic, musical,
or dramatico-musical works
§. 50
The right to publicly perform a dramatic, musical,
or dramatico-musical work is vested exclusively in the
author and his legal successors (§. 3).
As far as dramatic and dramatico-musical works are
concerned, it does not matter whether or not the work
has already been published by means of printing etc.
Musical works which have been published by means of
printing may be publicly performed without the author's
consent, unless the author has, on the title-page or
at the head of the first sheet of his work reserved for
himself the right of public performance.
The author of a legitimate translation of a dramatic
work is treated as equivalent to the author of the original
with regard to the exclusive right of public performance
for this translation.
The public performance of an unauthorised translation
(§. 6) or an illegal adaptation (§. 46) of the original
work is forbidden.
§. 51
If there are several joint authors, it is necessary to
obtain the permission of each one of them before arranging
the public performance of their work.
In the case of musical works which are accompanied by
a text - including dramatico-musical works - the consent
of the composer is alone sufficient.
§. 52
With regard to the duration of the exclusive right of
public performance, the provisions in §§. 8-17 are to be
applied.
Anonymous and pseudonymous works which have not been
published by means of printing at the time of their first
legitimate public performance are protected against
unauthorised public performances for thirty years starting
from the date of the first legitimate performance; posthumous
works are similarly protected against such illegitimate
performances for thirty years after the author's death.
If the author of an anonymous or pseudonymous work, or
the legal successor appointed by him, communicates, by means
of registration (§. 39), the true name of the author within
this term of thirty years, or if the author publishes the
work under his true name within this period, then the
provision of §. 8 applies.
§. 53
For dramatic, musical, or dramatico-musical works which
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351
have not yet been mechanically reproduced or publicly
performed, that person who is stated as the author
when the [first] performance is announced will be
regarded as such until otherwise proved.
§. 54
Whosoever, be it deliberately or through negligence,
undertakes an illegitimate public performance of a
dramatic, musical, or dramatico-musical work, either in
its entirety or with insignificant modifications, is
obliged to indemnify the author or his legal successors,
and, in addition to this, he will be punished with a
fine in accordance with §§. 18 and 23.
The provision in §. 20 is to apply to the person
who caused this performance to be undertaken, whereby,
though, the sum of the indemnification to be paid shall
be determined according to §. 55.
§. 55
The compensation which the right-holder is entitled
to in the case of §. 54 consists in the total sum of the
takings for each performance, without deduction of the
costs expended on these performances.
If the work was performed in conjunction with other
works, then, in consideration of the circumstances, a
certain proportion of the takings is to be fixed as the
sum of compensation due.
If the proceeds from a performance cannot be
ascertained, or if it did not make any money at all, then
the amount of compensation will be determined by the
adjudicating judge at his own discretion.
If the person who arranged for the performance is
not [criminally] culpable, he is then just liable to
pay to the right-holder his net profits.
§. 56
The provisions in §§. 26-42 also apply to the
performance of dramatic, musical, and dramatico-musical
works.
V. General provisions
§. 57
The present law comes into force on 1 January 1871.
All previous legal provisions in force in the individual
member states of the North German Confederation with
regard to authors' rights to literary works, illustrations,
musical compositions, and dramatic works, will cease to
be valid from that very same day.
§. 58
The present law is to apply to all literary works,
illustrations, musical compositions, and dramatic works that
have appeared before its coming into force, even if, according
to the state
Chapter 1 Page 15
352
legislations which have been in force until now, these
works did not enjoy any protection against reprinting,
reproduction, or public performance.
The copies [of these works] still in stock at the
time of the promulgation of this law, which it was
permitted to produce according to the hitherto valid
legislation, may in future continue to be distributed,
even if their production is forbidden by the present
law.
Likewise, any pieces of equipment, such as moulds,
plates, stones, stereotype casts etc., still in existence
at the time of the promulgation of this law, and which
were legitimately created in accordance with the laws
previously in force, may in future continue to be used
to produce copies.
It shall be permitted to complete reproductions
which were begun before the promulgation of this law and
which have until now been allowed.
The governments of the states of the North German
Confederation will draw up an official inventory on the
pieces of equipment and installations which may still be
used after the enactment of this law, and will arrange
for these items to be marked with a uniform stamp. Likewise,
all literary works which may continue to be distributed in
accordance with this paragraph shall also be provided
with a special stamp.
After expiry of the term specified for legalization,
all pieces of equipment and copies of the aforementioned
works which do not bear such stamps are, on request of the
injured parties, liable to confiscation. More detailed
instructions on the procedure to be observed when drawing up
the inventory and stamping these items, will be forthcoming
from the Federal Chancellery Office.
§. 59
Insofar as according to the state legislations which
were previously in force, other formalities were stipulated
for the reservation of the right of translation, and other
terms were specified for the publication of the first
translation, than those given in §. 6 c), these [earlier]
provisions will continue to apply with regard to works
that have already appeared before the promulgation of this
law.
§. 60
The granting of privileges for the protection of author's
rights is no longer permitted.
The holder of a privilege issued before the enactment of
this law by the German Confederation or by the governments of
individual states now belonging to the North German Confederation
is entitled to decide whether he wants to make use of this
privilege or invoke the protection of the present law.
The protection afforded by such a privilege, however, can only
be enforced for the territory of those states which had originally
granted it.
Invoking the protection afforded by a privilege is conditional
on having printed the text of the privilege, either in full or
the main sections thereof, at the front of the work, or on having
indicated it on or behind the work's title-page. Where this is not
possible because of the nature of the work concerned, or where this
has not been done before, the privilege must, on pain of its
annulment, be declared within three months
Chapter 1 Page 16
353
of the promulgation of this law, so that it may
be entered into the register and public notice
be made of it by the board of curators responsible
for the maintenance of the register.
§. 61
The present law is to be applied to all works
by native authors, regardless of whether their works
have appeared at home or abroad, or if they have
not even been published yet.
If works by foreign authors are brought out by
publishers who have their trading stations within
the territory of the North German Confederation,
then these works are covered by the protection
afforded by the present law.
§. 62
Those works by foreign authors which have been
published in a place that is geographically situated
within the boundaries of the former German Confederation,
but not within those of the North German Confederation,
shall enjoy the protection of this law, provided that
the legislation of the state concerned gives works
which come out in the North German Confederation the
same level of protection as works by native authors;
however, the term of protection shall not exceed that
which is valid in that state itself. The same applies
to unpublished works by authors who are not citizens
of the North German Confederation, but who do come
from the territory of the former German Confederation.
In proof of which We have signed this with our
own hand and impressed the Federal Seal.
Issued in Berlin, 11 June 1870
(place of the seal) Wilhelm.
Count von Bismarck-Schönhausen
____________________________________________
Translation by: Luis Sundkvist
Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt
Citation:
Copyright Act for the German Empire, Berlin (1870), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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16 translated pages
Chapter 1 Page 1
FEDERAL LAW GAZETTE
of the
NORTH GERMAN CONFEDERATION
1870.
_____________
Contains
the statutes, regulations etc. enacted from 6 January to 30 December 1870,
together with some earlier treaties etc from the years 1868
and 1869.
(From Nr. 401 up to and including Nr. 601)
NR. 1 up to and including NR. 51
_______________________
Berlin,
available at the Joint Office for Sales of Codes of Law and Newspapers.
Chapter 1 Page 2
FEDERAL LAW GAZETTE
of the
NORTH GERMAN CONFEDERATION
__________________________
Nr. 19.
__________________________
(Nr.506) Statute concerning author's rights to literary works, illustrations,
musical compositions and dramatic works. Enacted on 11 June 1870.
WE, WILHELM, by the Grace of God King of Prussia etc.,
decree in the name of the North German Confederation, and with the approval
of the Bundesrat and the Reichstag, the following:
a. Exclusive right of the author.
The right to reproduce a literary work by mechanical means is vested
exclusively in the author of the work.
The editor of a work which consists of contributions by a number of
people is treated, with regard to the protection granted by the present
law, as equivalent to the author, as long as this work constitutes a
uniform whole.
The author's right to these individual contributions is vested in
the respective authors of these.
The author's right passes to his heirs. This right can, either
conditionally or unconditionally, by contract or by testamentary disposal,
be transferred to other persons.
Any mechanical reproduction of a literary work which is carried out
Chapter 1 Page 3
without the permission of the right-holder (§§. 1, 2, 3) counts as
reprinting and is forbidden.
With regard to this prohibition, it makes no difference whether
the work has been reproduced fully or just partially.
Copying by hand will also be considered as equivalent to
mechanical reproduction if it is meant to act as a substitute for
printing.
The following are also considered to be cases of reprinting (§. 4):
a) the printing of as yet unpublished literary works (manuscripts) without
the author's permission;
Even the legitimate owner of a manuscript, or of a written copy of it,
must obtain the author's permission before he can print it off;
b) printing, without the author's consent, speeches which are given for
the purposes of edification, instruction or entertainment;
c) the re-impression of works undertaken by the author or his publisher
in violation of the contract which is in place between the two;
d) the production, on the part of the publisher, of a greater number of
copies than he is entitled to contractually or legally.
Translations carried out without permission of the author of the
original work count as reprinting:
a) if, in the case of a work that first appeared in a classical language,
a translation of it into a modern language is published;
b) if, in the case of a work that is published in various languages at the
same time, a translation is arranged in one of those languages;
c) if the author has reserved for himself the right of translation by
indicating this on the title-page or the opening pages of the work,
provided that the publication of the thus reserved translation is begun
within a year after the appearance of the original work and is completed
within three years. The calendar year in which the original work appeared
is not included in this calculation.
In the case of original works which come out in a number of volumes
or instalments, each volume or instalment is treated as a separate work for
the purposes of this section, and the reservation of the right of translation
must be repeated in every volume or instalment.
In the case of dramatic works, the translation must have appeared in full
within six months from the date that the original work was published.
The date of commencement and completion of the translation must also
be declared by the deadlines indicated for entering these in the register
Chapter 1 Page 4
(§§. 39f.), failing which the protection against new translations
will expire.
The translation of a still unpublished work, which is
protected against reprinting (§. 5 a and b) is to be treated as
equivalent to reprinting.
Translations are, just like original works, to enjoy the
protection of this law against reprinting.
The following are not to be treated as instances of reprinting:
a) the verbatim quotation of individual passages or small sections
of an already published work; or the inclusion of already published
brief works in a larger whole, as long as this really is an independent
scholarly work in terms of its overall content, or in compilations
which are made from the works of a number of writers for use in church
or instruction in schools and elsewhere, or also for a particular
literary purpose. This, however, is on condition that the author(s) or
the source which has been used are indicated;
b) the [re-]printing* of individual articles from newspapers and other
journals, with the exception of novellas and scholarly essays, as well
as of any other longer news-items if at the start of these a declaration
has been included to the effect that printing copies is not allowed;
c) the [re-]printing of codes of legislation, laws, official decrees,
public records and conference proceedings of all kinds;
d) the printing of speeches made at court proceedings, at political,
communal and religious occasions, as well as at political and suchlike
meetings.
The protection against reprinting given by the present law is, with
reservation of the following separate provisions, granted to the author
(§§. 1 and 2) for life and for thirty years after his death.
In the case of a work which has been written by a number of persons
as co-authors, the term of protection extends for thirty years after the
death of the last of that co-author who is the last to die.
In the case of works which are made up of contributions from several
authors, the term of protection for the various pieces contributed depends
on whether the authors of these are named or not (§§. 8, 11).
Individual essays, disquisitions etc., which have appeared in
periodical works, such as
_______________________
*) The term Abdruck is used consistently here to
indicate a reprint that is allowed in practice and by the laws,
and in contrast to a Nachdruck, which almost always
means an illegal, unauthorised reprint.
Chapter 1 Page 5
journals, pocket-books, calendars etc., can, even without
the consent of the editor or publisher of the work in
which they were included - provided that it has not been
agreed otherwise - be printed elsewhere by their authors
after two years have passed since their first publication.
In the case of already published works, the term of
protection stipulated in §. 8 is conditional on the true
name of the author being stated on the title-page or below
the dedication or at the end of the preface.
For those works which are made up of contributions by
several colleagues, to ensure that these contributions are
protected it is sufficient for the name of the author to
be given at the head of the first page, or at the end, of
his article.
A work which is published either under a different name
to that of the author, or for which no author is named at
all, will be protected against reprinting for thirty years
from the first publication (§. 28).
If within these thirty years, calculated from the date
of the first publication, the author's true name is declared
for entry into the register (§§. 39f.) either by the author
himself or by his legal successors, this will lead to the work
being covered by the longer protection term specified in §. 8.
Works which are not published until after the author's death
are to be protected against reprinting for thirty years, counted
from the date of his death.
Academies, universities, other juridical persons, public
educational institutions, as well as learned and other societies,
if as publishers they are considered equivalent to authors (§. 2),
are to enjoy, for the works they bring out, a protection term of
thirty years from the date of their publication.
In the case of works which come out in various volumes or
instalments, the protection terms are calculated from the date of
publication of each one of these volumes or each one of these
instalments.
For works, however, which deal with a single task over one or
several volumes, which volumes are then to be regarded as linked
amongst themselves, the protection term does not commence until the
publication of the last volume or the last instalment.
Nevertheless, if between the publication of individual volumes
or instalments a space of time greater than three years has elapsed,
the volumes, instalments etc. which appeared earlier are to be
treated as a whole work in their own right, and, similarly, any further
sequels appearing after these three years shall be regarded as a new
work.
Chapter 1 Page 6
The prohibition on bringing out translations lasts, in
the case of §. 6 b, for five years from the publication of
the original work, and, in the case of §. 6 c, for five
years from the first publication of the legitimate translation.
When calculating the extent of the legal term of protection
(§§. 8f.), the year in which the author died and the calendar
year in which the work or translation was published are not
counted as well.
A right of escheat to the fiscal authorities or to other
persons entitled to derelict estates does not apply with regard
to the exclusive right of the author and his legal successors.
Whosoever, be it intentionally or through negligence, causes
a reprint (§§. 4ff.) to be made for the purpose of distributing
it within or outside of the North German Confederation, is liable
to indemnify the author or his legal successors, and apart from
this a fine of up to a thousand thaler will be imposed on him.
The punishment for reprinting, however, will not be applied
if the person who caused the reprint was acting in good faith and
did so under an excusable, real, or legal mistake.
If the fine due to be paid cannot be raised by the offender,
then, in accordance with the penal laws, it is to be changed to an
equivalent term of imprisonment for up to six months.
Instead of any of the indemnities that follow from this law,
the court may, on the request of the injured party, impose, apart
from the punishment, a fine of up to two thousand thaler which
the offender is to pay to the injured party. Those sentenced to
such a fine have a joint and several liability to ensure that it
is paid.
Once a fine has been imposed, this excludes the possibility
of asserting any further compensation claims.
If the person who arranged the reprint is found to have acted
with no criminal intent, he is liable to indemnify the author or
his legal successors merely up to the extent of the profit which
he derived from the reprint.
The question as to whether losses have been caused, and the
calculation of their extent, as well as of the profit made (if at
all) by the reprinter, is entrusted to the adjudicating court,
which will take into account all circumstances and come to an
independent decision.
Whosoever, be it deliberately or through negligence, causes
another person
Chapter 1 Page 7
bring about a reprint becomes liable to the punishment
specified in §. 18, and is obliged to indemnify the
author or his legal successors in accordance with §§. 18
and 19, even when the person having brought about the
reprint turns out to be not liable to punishment or
indemnification according to §. 18.
If, however, the person who brought about the reprint
also acted deliberately or through negligence, then both
are jointly liable to indemnify the right-holder.
The culpability and liability to indemnification of
the other parties involved in the reprinting are to be
determined according to general legal precepts.
The reprint copies still in stock and all equipment
used solely for this illegal reproduction - such as
moulds, plates, stones, stereotype casts etc. - are liable
to confiscation. After the confiscation has been imposed
in a legally valid manner with regard to their owner, these
objects are to be either destroyed or stripped of those
attributes of theirs [which allow them to be used for the
mechanical reproduction of the work in question] and then
returned to their owner.
If only part of a work is considered to be a reprint,
then the scope of the confiscation is restricted to that
part of the work which is regarded as a reprint and to all
equipment used for the preparation of that part.
Confiscation extends to all those reprint copies and
pieces of equipment which are in the possession of the
person who carried out the reprinting, the printer, the
retail bookseller, the licensed distributing agent, and,
finally, the person who caused the reprint to be made (§. 20).
Confiscation will also be enforced even in those
cases when the persons who carried out and caused the
reprint acted neither deliberately nor negligently (§. 18).
It will also be applied to the heirs of the latter.
The injured party is entitled to take over all or part
of the reprint copies and pieces of equipment on payment
of the production costs, insofar as the rights of third
parties are not infringed upon or endangered through this.
The offence of reprinting is committed as soon as a
reprint copy of a work has been produced in violation of
the provisions of the present law, be it within the
territory of the North German Confederation or outside it.
Where only an attempt at reprinting has been
undertaken, no prosecution, nor liability of the reprinter
to pay damages come into effect. But confiscation of the
reprinting equipment (§. 21) is to be applied in this case,
too.
In cases of repeated offences, the penalty is not
to be increased beyond the highest legal punishment (§. 18).
If in the cases specified in §. 7 a) the source or
the name of the author are omitted deliberately or through
negligence, then
Chapter 1 Page 8
the persons who carried out and commissioned this reprint
are liable to a fine of up to twenty thaler.
This fine cannot be changed to a term of imprisonment.
There is no liability for indemnification.
Whosoever deliberately offers for sale on a professional
basis, sells or distributes in any other way, within or
outside the territory of the North German Confederation,
copies of a work which have been produced in violation of the
provisions of the present law, is obliged to indemnify the
author or his legal successors in proportion to the damages
he has caused, and also becomes liable to a fine in accordance
with §. 18.
Confiscation, in accordance with §. 21, of the reprint
copies designated for distribution on a professional basis is
also to be enforced even if the distributor has not acted
with criminal intent.
The persons causing or commissioning a reprint to be
carried out are also liable to pay indemnification, as well as
to punishment for the distribution of reprints, if they are
not already liable to pay damages and culpable as such.
Both the decision on compensation claims, as well as the
imposition of the penalties threatened in the present law and
the confiscation of reprint copies etc., fall within the
competence of the courts of general jurisdiction.
Prosecution for the confiscation of the reprint copies etc.
can be instituted both by a criminal and a civil law action.
Criminal proceedings are not to be instituted ex officio: rather,
they are to be instituted only after the injured party has appealed
to a court. An action for prosecution can be withdrawn at any time
preceding the pronouncement of a sentence of conviction.
Anyone whose authorial or publishing rights are encroached
upon or endangered by mechanical reproduction is entitled to
sue for the prosecution of reprinting.
In the case of works which have already been published, that
person shall, until the contrary is proved, be considered to be
the author whose name is, in accordance with §. 11 (par. 1, 2),
indicated on the work as that of the author.
In the case of anonymous or pseudonymous works, the editor,
or, if the latter is not indicated, the publisher are entitled
to exercise the rights vested in the author. The publisher whose
name is given on the work shall without any further proof be
regarded as the legal successor of the anonymous or pseudonymous
author.
Chapter 1 Page 9
In lawsuits concerning reprinting, including
those suits which are undertaken against persons
profiting from reprints, the judge, without being
bound by any prescriptive rules about the validity of
the evidence presented, is to establish the facts of
the case by reaching an independent conclusion
based on the totality of what has come to light in
the proceedings.
Similarly, when deciding whether the reprinter
or the commissioner of a reprint (§§. 18, 20) acted
negligently, the judge is not bound by the various
degrees of negligence envisaged by the state laws.
If technical questions, on which the establishment
of evidence for a reprint or the calculation of the
damages caused or the profit made by the reprinter, are
open to doubt or disputed, then the judge is entitled
to request an expert report.
In all states forming part of the North German
Confederation associations of experts are to be formed
from amongst scholars, authors, booksellers, and other
suitable persons, which, when requested to do so by a
judge, are obliged to submit reports on the questions
put to them. The various member states of the
North German Confederation are free to join other fellow
member states for this purpose, or to agree on the
establishment of joint experts' associations [comprising
experts from various states].
The experts' associations are, if requested to do
so by the parties involved, entitled to act as arbitrators
and to make awards regarding disputed compensation claims
and confiscation in accordance with §§. 18-21.
The Office of the Chancellor of the Confederation
will issue instructions about the composition and sphere
of operations of the experts' associations.
The competence of the Supreme Federal Commercial Court
in Leipzig, as outlined in §§. 12 and 13 of the Law of 12
June 1869 concerning the creation of a Supreme Court for
commercial matters, is extended to also cover those civil
cases in which, on the basis of the provisions of this law,
legal proceedings have been instituted for the securement of
damages or for confiscation.
The Supreme Federal Commercial Court also takes the
place of the existing court with supreme jurisdiction over
the territory in which proceedings were first initiated
in criminal cases that are to be settled in accordance with
the provisions of this law; and, moreover, it does so with
the same competence as corresponds to that supreme court by
virtue of the laws of that state.
In the criminal cases which fall within the competence
of the Supreme Federal Commercial Court, in accordance with
the above provisions, the procedure to be observed by this
court, too, will be determined by the code of criminal
procedure which is in force in the territory from which the
case was transferred to the Supreme Federal Commercial Court.
The duties of the public prosecutor's office in these criminal
cases will at the Supreme Federal Commercial Court be attended
to and exercised by the public prosecutor who is supposed to
Chapter 1 Page 10
exercise these duties at the supreme court of the
territory in question. However, the designated public
prosecutor can arrange to be represented at the
hearing by a public prosecutor who has been appointed to
the Leipzig [Supreme Commercial Court] or by a lawyer
who is resident in Leipzig.
Criminal cases for which the Supreme Federal
Commercial Court has jurisdiction in the final instance,
and criminal cases over which the supreme court of a
given territory has final overall jurisdiction cannot
be combined into a single set of criminal proceedings.
The provisions of §§. 10, 12 (par. 2), §. 16 (par. 2),
§§. 17, 18, 21 and 22 of the Law of 12 June 1869 are also
to be applied to the criminal cases which fall within the
jurisdiction of the Supreme Federal Commercial Court.
Prosecutions for reprinting and actions founded on
compensation claims for [damages caused by] reprinting,
including lawsuits dealing with accusations of unjust
enrichment (§. 18) fall under the statute of limitation
after three years.
The limitation period commences from the day on
which the distribution of the reprint copies first took
place.
Prosecutions for the distribution of reprint copies
and actions founded on compensation claims for [damages
caused by] this distribution (§. 25) also fall under the
statute of limitation after three years.
The limitation period commences from the day on
which such distribution last took place.
Reprinting and the distribution of reprint copies are
not to be punished if the person entitled to institute legal
proceedings fails to do so within three months after
having learnt of the offence committed and ascertained the
identity of the offender.
The petition for confiscation and destruction of the
reprint copies, as well as of any equipment used solely
for the illegal production of such copies (§. 21), can be
made at any time, as long as these copies and pieces of
equipment are still on hand.
The infringement which is committed by failing to
indicate the source or the author's name in the cases
covered by §. 7 a) falls under the statute of limitation
after three months.
The limitation period commences from the day on
which the [re-]print [Abdruck] was first
distributed.
Chapter 1 Page 11
The general legal provisions will decide by which
actions the limitation period is interrupted.
The institution of criminal proceedings does not
interrupt the limitation period of an action founded on
a compensation claim, and, vice versa, the presentation of
a compensation claim does not interrupt the limitation
period of the criminal proceedings.
The register in which the details specified in §§. 6
and 11 have to be entered is to be kept at the Leipzig
City Council.
The City Council of Leipzig is obliged to make the
entries requested by interested parties without any
preliminary examination of the applicant's entitlement to
such registration or of the accuracy of the details he
has submitted for entry into the register.
The Federal Chancellery Office will issue instructions
on how the register is to be kept. Anyone is entitled to
peruse the register and to request certified copies of
extracts from it. [New] entries are to be publicly
communicated in the Commercial Newspaper for the German
Book Trade or, in the case that the latter should cease
to come out, in another newspaper chosen by the Federal
Chancellery Office.
All petitions, transactions, certifications, attestations,
extracts etc. which have to do with the registration process are
free from stamp duty.
But for every new entry, every certificate confirming inclusion
in the register, as well as for all other kinds of extracts requested
from the register, a fee of 15 silbergroschen is charged each time,
and, in addition to this, the applicant has to pay any costs incurred
by the announcement of his successful registration (§. 41).
technical and similar illustrations
The provisions given in §§. 1-42 are also to be applied to
geographical, topographical, scientific, architectural, technical,
and suchlike drawings and illustrations, which, as far as their
principal function is concerned, cannot be considered to be
works of art.
Chapter 1 Page 12
It is not to be treated as reprinting if
individual illustrations from one literary work
are added to another, provided that the text of
the latter is the main part of the work, and that
the illustrations are just there to help clarify
etc. the text. The author or the source used must
also be indicated, or, otherwise, the penalty
provisions of §. 24 will be applied.
The provisions contained in §§. 1-5, 8-42 are
also to be applied to the exclusive right of the
author to the reproduction of musical compositions.
To be treated as equivalent to reprinting are
all adaptations of a musical composition which are
published without the author's permission and which
cannot be regarded as original compositions in their
own right - this is, in particular, the case for
excerpts from a musical composition, arrangements for
one or several instruments or voices, as well as
the printing of individual motifs or melodies from
one and the same work which have not been developed
in a creative, artistic way.
Not to be regarded as equivalent to reprinting are
the following instances: the citation of individual
passages from an already published musical work; the
inclusion of already published shorter compositions in
a scholarly work which is an independent work in its
own right, as well as in compilations of works by
various composers which are to be used in schools,
excluding music schools. This is, however, always on
condition that the author or the source used are
properly indicated, failing which the penalty provision
of §. 24 will be applied.
It is not to be considered as reprinting if one
uses an already published literary work as the text
for musical compositions, insofar as the text is
printed together with the music score.
An exception is constituted by those texts which,
according to their very nature, are significant only
in the ancillary function they serve with regard to
compositions - namely, the libretti for operas and
oratorios. Texts of this kind may only be printed
together with the musical compositions, if one has
obtained the consent of their authors.
In order to print the text without the music, it
is necessary to have the permission of the author or
his legal successors.
The experts' associations which, in accordance
with §. 31 are to submit reports
Chapter 1 Page 13
on the reprinting of musical compositions, are
to consist of composers, music professionals,
and music publishers.
or dramatico-musical works
The right to publicly perform a dramatic, musical,
or dramatico-musical work is vested exclusively in the
author and his legal successors (§. 3).
As far as dramatic and dramatico-musical works are
concerned, it does not matter whether or not the work
has already been published by means of printing etc.
Musical works which have been published by means of
printing may be publicly performed without the author's
consent, unless the author has, on the title-page or
at the head of the first sheet of his work reserved for
himself the right of public performance.
The author of a legitimate translation of a dramatic
work is treated as equivalent to the author of the original
with regard to the exclusive right of public performance
for this translation.
The public performance of an unauthorised translation
(§. 6) or an illegal adaptation (§. 46) of the original
work is forbidden.
If there are several joint authors, it is necessary to
obtain the permission of each one of them before arranging
the public performance of their work.
In the case of musical works which are accompanied by
a text - including dramatico-musical works - the consent
of the composer is alone sufficient.
With regard to the duration of the exclusive right of
public performance, the provisions in §§. 8-17 are to be
applied.
Anonymous and pseudonymous works which have not been
published by means of printing at the time of their first
legitimate public performance are protected against
unauthorised public performances for thirty years starting
from the date of the first legitimate performance; posthumous
works are similarly protected against such illegitimate
performances for thirty years after the author's death.
If the author of an anonymous or pseudonymous work, or
the legal successor appointed by him, communicates, by means
of registration (§. 39), the true name of the author within
this term of thirty years, or if the author publishes the
work under his true name within this period, then the
provision of §. 8 applies.
For dramatic, musical, or dramatico-musical works which
Chapter 1 Page 14
have not yet been mechanically reproduced or publicly
performed, that person who is stated as the author
when the [first] performance is announced will be
regarded as such until otherwise proved.
Whosoever, be it deliberately or through negligence,
undertakes an illegitimate public performance of a
dramatic, musical, or dramatico-musical work, either in
its entirety or with insignificant modifications, is
obliged to indemnify the author or his legal successors,
and, in addition to this, he will be punished with a
fine in accordance with §§. 18 and 23.
The provision in §. 20 is to apply to the person
who caused this performance to be undertaken, whereby,
though, the sum of the indemnification to be paid shall
be determined according to §. 55.
The compensation which the right-holder is entitled
to in the case of §. 54 consists in the total sum of the
takings for each performance, without deduction of the
costs expended on these performances.
If the work was performed in conjunction with other
works, then, in consideration of the circumstances, a
certain proportion of the takings is to be fixed as the
sum of compensation due.
If the proceeds from a performance cannot be
ascertained, or if it did not make any money at all, then
the amount of compensation will be determined by the
adjudicating judge at his own discretion.
If the person who arranged for the performance is
not [criminally] culpable, he is then just liable to
pay to the right-holder his net profits.
The provisions in §§. 26-42 also apply to the
performance of dramatic, musical, and dramatico-musical
works.
The present law comes into force on 1 January 1871.
All previous legal provisions in force in the individual
member states of the North German Confederation with
regard to authors' rights to literary works, illustrations,
musical compositions, and dramatic works, will cease to
be valid from that very same day.
The present law is to apply to all literary works,
illustrations, musical compositions, and dramatic works that
have appeared before its coming into force, even if, according
to the state
Chapter 1 Page 15
legislations which have been in force until now, these
works did not enjoy any protection against reprinting,
reproduction, or public performance.
The copies [of these works] still in stock at the
time of the promulgation of this law, which it was
permitted to produce according to the hitherto valid
legislation, may in future continue to be distributed,
even if their production is forbidden by the present
law.
Likewise, any pieces of equipment, such as moulds,
plates, stones, stereotype casts etc., still in existence
at the time of the promulgation of this law, and which
were legitimately created in accordance with the laws
previously in force, may in future continue to be used
to produce copies.
It shall be permitted to complete reproductions
which were begun before the promulgation of this law and
which have until now been allowed.
The governments of the states of the North German
Confederation will draw up an official inventory on the
pieces of equipment and installations which may still be
used after the enactment of this law, and will arrange
for these items to be marked with a uniform stamp. Likewise,
all literary works which may continue to be distributed in
accordance with this paragraph shall also be provided
with a special stamp.
After expiry of the term specified for legalization,
all pieces of equipment and copies of the aforementioned
works which do not bear such stamps are, on request of the
injured parties, liable to confiscation. More detailed
instructions on the procedure to be observed when drawing up
the inventory and stamping these items, will be forthcoming
from the Federal Chancellery Office.
Insofar as according to the state legislations which
were previously in force, other formalities were stipulated
for the reservation of the right of translation, and other
terms were specified for the publication of the first
translation, than those given in §. 6 c), these [earlier]
provisions will continue to apply with regard to works
that have already appeared before the promulgation of this
law.
The granting of privileges for the protection of author's
rights is no longer permitted.
The holder of a privilege issued before the enactment of
this law by the German Confederation or by the governments of
individual states now belonging to the North German Confederation
is entitled to decide whether he wants to make use of this
privilege or invoke the protection of the present law.
The protection afforded by such a privilege, however, can only
be enforced for the territory of those states which had originally
granted it.
Invoking the protection afforded by a privilege is conditional
on having printed the text of the privilege, either in full or
the main sections thereof, at the front of the work, or on having
indicated it on or behind the work's title-page. Where this is not
possible because of the nature of the work concerned, or where this
has not been done before, the privilege must, on pain of its
annulment, be declared within three months
Chapter 1 Page 16
of the promulgation of this law, so that it may
be entered into the register and public notice
be made of it by the board of curators responsible
for the maintenance of the register.
The present law is to be applied to all works
by native authors, regardless of whether their works
have appeared at home or abroad, or if they have
not even been published yet.
If works by foreign authors are brought out by
publishers who have their trading stations within
the territory of the North German Confederation,
then these works are covered by the protection
afforded by the present law.
Those works by foreign authors which have been
published in a place that is geographically situated
within the boundaries of the former German Confederation,
but not within those of the North German Confederation,
shall enjoy the protection of this law, provided that
the legislation of the state concerned gives works
which come out in the North German Confederation the
same level of protection as works by native authors;
however, the term of protection shall not exceed that
which is valid in that state itself. The same applies
to unpublished works by authors who are not citizens
of the North German Confederation, but who do come
from the territory of the former German Confederation.
In proof of which We have signed this with our
own hand and impressed the Federal Seal.
Issued in Berlin, 11 June 1870
(place of the seal) Wilhelm.
Count von Bismarck-Schönhausen
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Translation by: Luis Sundkvist