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Provincial decree of Holland abolishing Book Privileges and bestowing a Right to Copy, The Hague (1795)
Source: Koninklijke Bibliotheek, KW Pflt 22519a
Citation:
Provincial decree of Holland abolishing Book Privileges and bestowing a Right to Copy, The Hague (1795), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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25 translated pages
Chapter 1 Page 1
REPORT
OF THE
COMMITTEE
TO RESEARCH THE PETITIONS
BY DIFFERENT
BOOKSELLERS,
PRESENTED TO THE MEETING OF
THE PROVINCIAL REPRESENTATIVES
OF THE
PEOPLE OF HOLLAND,
ON WHETHER OR NOT TO GRANT
PRIVILEGES, RIGHT TO COPY
AND PRE-ANNOUNCEMENT, ETC.
TOGETHER WITH
THE DECREE
ON THE SUBJECT LAID DOWN BY THE
ABOVEMENTIONED MEETING.
On the 25th of November 1795.
In The Hague,
At the State Printing House of Holland 1795.
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DECREE.
Having heard the Report of the Committee of Commerce and Seafaring and of the
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Members joined under Decree of 29 June last, on the Petitions presented by several Booktraders, after deliberation has been approved to decree, as is decreed hereby.
1. That there will be granted no Privileges for the Printing and publishing of any Books, or Parts, as opposing the now accepted fundamental principles, according to which everyone is entitled to the protection of his lawful property.
2. That consequently, if any Bookseller in this Province publishes an original Work, whereof he has obtained the Print, whether that work is issued in full, or in volumes or Parts, Yearly, Monthly or Daily, he thereby obtains the right for himself, his heirs, and assign, to publish that work in such a format, and in all such ways as he deems appropriate: that this right is a property, on which no one has claim without his consent, or in which no one may damage him: it is being prohibited to copy this Work within this Province, or were it to be copied elsewhere, to import and sell it: on penalty for the copier of seizing of all the still available Copies, and the paying of those already sold at sales price for the bene-
Chapter 1 Page 19
(18)
fit of the owner of the work: and such for the first time: but if anyone is guilty of copying for the second time, it will also be prohibited for him to practice the Book Trade: furthermore, all who import and sell such copies in this Province, will have to pay a fine of 500 guilders for the benefit as above, with the surrendering of the still available ones, and the payment of the sold Copies.
3. That, if an original work is sold out, and it is however persistently asked for, the owner will be obligated to reprint it -- or, if he so chooses not to, will be held to transfer his copyright to another who will ask for it, on such conditions as they will devise among themselves; and if they cannot settle the matter amicably, it will be left to the arbitration and decision of Booksellers, to be appointed by the parties; furthermore, those who obtain the copyright in that way, will be obligated to immediately deliver a new print of the work in question.
4. That no one, on penalty as is established against the copiers in Art. 2, may cause to be printed an original work published in this country in another
Chapter 1 Page 20
(19)
language, or publish an abridgment thereof, without the consent of the owner; but with the proviso that if a Translation is proposed to the owner by another Booktrader, the owner will have the right to publish a translation in that language; and will be obligated, if he chooses not to, to allow another to do so, under such conditions as they will devise among themselves; and if it were to happen that they could not come to an agreement on the conditions, the decision on their dispute will be left to the judgment of Booksellers to be chosen by parties; furthermore, if a Bookseller will obtain the right to a translation in that manner, will be obligated to deliver that Translation as soon as possible.
5. That, if a Bookseller has reprinted a work printed outside of this country, no one may reprint it again on penalty as above, or sell that new reprint, on penalty as above: provided that the bookseller has given due notice in advance of his intention to reprint that work in the newspapers: but nevertheless, everyone will remain free to import and sell the original print or foreign reprints at will.
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6. That, if a Bookseller has published a Translation of a work printed outside of this country, no one may reprint that Translation on penalty as above, or import and sell foreign reprints thereof, on penalty as above: provided that the bookseller has given due notice of his intention to translate the work in question in the newspapers: but nevertheless, everyone will be free to not only import and sell the original print, but also to cause to be printed and published translations thereof in other languages: yes even to publish a different and better translation of the same work, in that same language, but not unless with foreknowledge of the publisher of the first translation: the disputes arising thereabouts will be left to the ruling of experts, to be appointed by the parties themselves.
7. That, if the bookseller has duly announced in the newspapers that he has the intention to publish, reprint, or cause to be translated a certain work, that announcement will give him the right of privilege to do so, above another who has not given notice on the same intentention, or would come to do one after him; provided however 1. that this
Chapter 1 Page 22
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Bookseller will hand the Chairman and Masters of the guild of his town of residence, or if there is no guild there, the Chairman and Masters of the guild in a town close by, the notice to be given signed with date. And 2. That he will be obligated to prove to the mentioned Chairman and Masters three months after the notice given, that he posseses the original work of which he has advertised the reprinting or the translation, and is translating or reprinting, and makes all arrangements to honour that which he promised in his advertisement. -- All this, in case of failure, on penalty of the vested right being revoked.
It will remain free to the collective Booksellers in this Province, to increase the ease and security, to make such further arrangements among themselves as they deem appropriate, be it with a Committee to be made up from the collective Booksellers, be it with a the founding of a Committee of Book Trade, which Commission or Committee anyone, whom it may concern, should turn to for such cases.
8. That, as all the set out pro-
Chapter 1 Page 23
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visions rely on a vested Property, these will be revoked in case there is no such Property or Copyright: and thus are expressly excluded Bibles, Testaments, Psalm Books, and further Church and School Books, which have been imported on public authority, and which are not the private Property, or Print of any private Confraternity in the Guild: as such books, also Calendars, Almanacs etc. may be printed, translated etc. by any Bookseller, except for the time being those Almanacs and Calendars on which has been granted privilege by the previous administration, and of which privilege the term has not yet lapsed.
9. That those State Documents which should be considered as a property of the People of Holland, and at their expense, will be printed in the State Printing House, and published for the benefit of the State Finances, without the consent of this Meeting, will not be reprinted and published except in books which deal with the history of this country, or in collections of State Documents or in Codes etc. on which all Booktraders have equal rights.
10. That all Booktraders will be re-
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quested, as they hereby are requested, to devise among themselves means to ameliorate the reprobate Book trade, and, with prevention of all writings which serve not the enlightenment of the mind, enhancing of knowledge, betterment of the heart, cultivation of morality, animation of Religion and virtue, restore it to its full glory: meanwhile, this Meeting will regard it as a duty to hereto provide to the collective Booktraders all cooperation and assistance as will be compatible with a free and unimpeded Trade.
11. That this Decree will be printed, and send to all the Municipalities of Towns where there are located Booktraders, in order that the Municipalities will have it handed to the Booksellers or Booksellers' Guilds, to serve them as information and example. -- It will remain free to the collective Booktraders to, after having held conference among themselves, collectively within three months, send such further comments as they deem useful and necessary for the benefit of the Book trade about the points contained in this provisional Decree to the Committee of Commerce and Seafaring. --
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Your Committee and the joined Members defer nevertheless in all to the better judgment of this Meeting.
Prosperity and Fraternity!
Was signed,
The Hague 9th October 1795.
The first year of the Batavian Freedom.
Corn. Ign. Branger,
President.
Of the Committee of Commerce and Seafaring,
J. H. van Swinden.
J. F. Leemans.
Translation by: Miluska Kooij
Source: Koninklijke Bibliotheek, KW Pflt 22519a
Citation:
Provincial decree of Holland abolishing Book Privileges and bestowing a Right to Copy, The Hague (1795), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
25 translated pages
Chapter 1 Page 1
REPORT
OF THE
COMMITTEE
TO RESEARCH THE PETITIONS
BY DIFFERENT
BOOKSELLERS,
PRESENTED TO THE MEETING OF
THE PROVINCIAL REPRESENTATIVES
OF THE
PEOPLE OF HOLLAND,
ON WHETHER OR NOT TO GRANT
PRIVILEGES, RIGHT TO COPY
AND PRE-ANNOUNCEMENT, ETC.
TOGETHER WITH
THE DECREE
ON THE SUBJECT LAID DOWN BY THE
ABOVEMENTIONED MEETING.
On the 25th of November 1795.
In The Hague,
At the State Printing House of Holland 1795.
Chapter 1 Page 2
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DECREE.
Having heard the Report of the Committee of Commerce and Seafaring and of the
Chapter 1 Page 18
(17)
Members joined under Decree of 29 June last, on the Petitions presented by several Booktraders, after deliberation has been approved to decree, as is decreed hereby.
1. That there will be granted no Privileges for the Printing and publishing of any Books, or Parts, as opposing the now accepted fundamental principles, according to which everyone is entitled to the protection of his lawful property.
2. That consequently, if any Bookseller in this Province publishes an original Work, whereof he has obtained the Print, whether that work is issued in full, or in volumes or Parts, Yearly, Monthly or Daily, he thereby obtains the right for himself, his heirs, and assign, to publish that work in such a format, and in all such ways as he deems appropriate: that this right is a property, on which no one has claim without his consent, or in which no one may damage him: it is being prohibited to copy this Work within this Province, or were it to be copied elsewhere, to import and sell it: on penalty for the copier of seizing of all the still available Copies, and the paying of those already sold at sales price for the bene-
Chapter 1 Page 19
(18)
fit of the owner of the work: and such for the first time: but if anyone is guilty of copying for the second time, it will also be prohibited for him to practice the Book Trade: furthermore, all who import and sell such copies in this Province, will have to pay a fine of 500 guilders for the benefit as above, with the surrendering of the still available ones, and the payment of the sold Copies.
3. That, if an original work is sold out, and it is however persistently asked for, the owner will be obligated to reprint it -- or, if he so chooses not to, will be held to transfer his copyright to another who will ask for it, on such conditions as they will devise among themselves; and if they cannot settle the matter amicably, it will be left to the arbitration and decision of Booksellers, to be appointed by the parties; furthermore, those who obtain the copyright in that way, will be obligated to immediately deliver a new print of the work in question.
4. That no one, on penalty as is established against the copiers in Art. 2, may cause to be printed an original work published in this country in another
Chapter 1 Page 20
(19)
language, or publish an abridgment thereof, without the consent of the owner; but with the proviso that if a Translation is proposed to the owner by another Booktrader, the owner will have the right to publish a translation in that language; and will be obligated, if he chooses not to, to allow another to do so, under such conditions as they will devise among themselves; and if it were to happen that they could not come to an agreement on the conditions, the decision on their dispute will be left to the judgment of Booksellers to be chosen by parties; furthermore, if a Bookseller will obtain the right to a translation in that manner, will be obligated to deliver that Translation as soon as possible.
5. That, if a Bookseller has reprinted a work printed outside of this country, no one may reprint it again on penalty as above, or sell that new reprint, on penalty as above: provided that the bookseller has given due notice in advance of his intention to reprint that work in the newspapers: but nevertheless, everyone will remain free to import and sell the original print or foreign reprints at will.
Chapter 1 Page 21
(20)
6. That, if a Bookseller has published a Translation of a work printed outside of this country, no one may reprint that Translation on penalty as above, or import and sell foreign reprints thereof, on penalty as above: provided that the bookseller has given due notice of his intention to translate the work in question in the newspapers: but nevertheless, everyone will be free to not only import and sell the original print, but also to cause to be printed and published translations thereof in other languages: yes even to publish a different and better translation of the same work, in that same language, but not unless with foreknowledge of the publisher of the first translation: the disputes arising thereabouts will be left to the ruling of experts, to be appointed by the parties themselves.
7. That, if the bookseller has duly announced in the newspapers that he has the intention to publish, reprint, or cause to be translated a certain work, that announcement will give him the right of privilege to do so, above another who has not given notice on the same intentention, or would come to do one after him; provided however 1. that this
Chapter 1 Page 22
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Bookseller will hand the Chairman and Masters of the guild of his town of residence, or if there is no guild there, the Chairman and Masters of the guild in a town close by, the notice to be given signed with date. And 2. That he will be obligated to prove to the mentioned Chairman and Masters three months after the notice given, that he posseses the original work of which he has advertised the reprinting or the translation, and is translating or reprinting, and makes all arrangements to honour that which he promised in his advertisement. -- All this, in case of failure, on penalty of the vested right being revoked.
It will remain free to the collective Booksellers in this Province, to increase the ease and security, to make such further arrangements among themselves as they deem appropriate, be it with a Committee to be made up from the collective Booksellers, be it with a the founding of a Committee of Book Trade, which Commission or Committee anyone, whom it may concern, should turn to for such cases.
8. That, as all the set out pro-
Chapter 1 Page 23
(22)
visions rely on a vested Property, these will be revoked in case there is no such Property or Copyright: and thus are expressly excluded Bibles, Testaments, Psalm Books, and further Church and School Books, which have been imported on public authority, and which are not the private Property, or Print of any private Confraternity in the Guild: as such books, also Calendars, Almanacs etc. may be printed, translated etc. by any Bookseller, except for the time being those Almanacs and Calendars on which has been granted privilege by the previous administration, and of which privilege the term has not yet lapsed.
9. That those State Documents which should be considered as a property of the People of Holland, and at their expense, will be printed in the State Printing House, and published for the benefit of the State Finances, without the consent of this Meeting, will not be reprinted and published except in books which deal with the history of this country, or in collections of State Documents or in Codes etc. on which all Booktraders have equal rights.
10. That all Booktraders will be re-
Chapter 1 Page 24
(23)
quested, as they hereby are requested, to devise among themselves means to ameliorate the reprobate Book trade, and, with prevention of all writings which serve not the enlightenment of the mind, enhancing of knowledge, betterment of the heart, cultivation of morality, animation of Religion and virtue, restore it to its full glory: meanwhile, this Meeting will regard it as a duty to hereto provide to the collective Booktraders all cooperation and assistance as will be compatible with a free and unimpeded Trade.
11. That this Decree will be printed, and send to all the Municipalities of Towns where there are located Booktraders, in order that the Municipalities will have it handed to the Booksellers or Booksellers' Guilds, to serve them as information and example. -- It will remain free to the collective Booktraders to, after having held conference among themselves, collectively within three months, send such further comments as they deem useful and necessary for the benefit of the Book trade about the points contained in this provisional Decree to the Committee of Commerce and Seafaring. --
Chapter 1 Page 25
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Your Committee and the joined Members defer nevertheless in all to the better judgment of this Meeting.
Prosperity and Fraternity!
Was signed,
The Hague 9th October 1795.
The first year of the Batavian Freedom.
Corn. Ign. Branger,
President.
Of the Committee of Commerce and Seafaring,
J. H. van Swinden.
J. F. Leemans.
Translation by: Miluska Kooij