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National Book Act of the Batavian Republic, The Hague (1803)
Source: Verzameling van vaderlandsche wetten en besluiten uitgevaardigd sedert 22 Januarij 1798 tot 10 Julij 1810, in zooverre zij ook, sedert de invoering der nieuwe wetgeving in Nederland, middellijk of onmiddellijk van toepassing zijn, J. van de Poll ed., Amsterdam: Bij Johannes Müller, 1840, I, pp. 242-247; Koninklijke Bibliotheek, NL 61 C 2003
Citation:
National Book Act of the Batavian Republic, The Hague (1803), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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6 translated pages
Chapter 1 Page 1
242
[...]
OFFICIAL PUBLICATION of the State Administration of the Batavian Republic, forasmuch the discontinuation of Privileges and Patents concerning the printing and publishing of books, and prohibition of copying of original or translated works, etc.
Issued on the 3rd of June 1803.
The State Administration of the Batavian Republic gives notice:
That, the Legislative Body of the Batavian Commonwealth having approved
the Recommendation thereto made to it by the State Administration, has been enacted,
as is hereby enacted.
1. That from now on no Privileges or Patents, to the Printing and Publishing of Books, will be granted by public authority, as contrary to the fundamental principles of the Social Contract, according to which everyone, without any special law to his benefit, is entitled to the protection of his rightful Property.
2. That consequently, when someone in the Batavian Republic publishes an original work, of which he owns the usually so-called Copyright, as he is the creator thereof, or has obtained it, for nothing, for money, or in another, be it legitimate way, whether that Work is published wither all at once, or in Volumes or Parts, be it Yearly, Monthly, Weekly or Daily, he therefore, for himself as well as his heirs, has or obtains the right to publish that Work in such a format and in such a manner as he approves of; as if the reported right of publication were a property, whereon no one, without his consent, has legitimate claim,
Chapter 1 Page 2
243
and in the exercising of said right no one may damage him.
3. That therefore is expressly prohibited to copy and sell such original work, whereof the Right of Publication is the Property of another, as well as to import, distribute or sell such as is copied outside the Republic, on punishment of, which he who will have distributed or sold any copies of such work will incur, for the first time, the seizure of all unsold copies of the copy still available within the Republic to the benefit of the owner of the original Print, to whom he furthermore will have to pay the value or amount of two hundred and fifty copies of the real Print, calculated according to the selling price; for the second time, above and beyond the aforesaid, a sum amounting to five hundred copies of the real print, half of which will go to the common poor of the town where the proceedings occur, and half to the Prosecutor, who will carry on the proceedings; for the third time, above and beyond the aforesaid, he will be punished with the banishment from the Territory of the Batavian Republic.
4. That on the same punishments as are provided in Art. 3 is also prohibited the distribution or selling of any Translation, abridging or expansion of any original work published in this Republic, so that its content is literally copied, be it in full or in large part, , unless with written consent of the owner of it; however, without prejudice to the freedom of each Resident to, in order to distribute general useful knowledge in Literary Works, e.g. Journals, Magazines, Almanacs, or the like, by way of abstract and review, give notice to the Public on, or notify it of, the nature, summarized content, and value of published works, which everyone remains free and unencumbered to do.
5. That when someone publishes a translation of a work, published outside this Republic, within the latter, as well as it is prohibited to anyone, on Punishments laid down in Art. 3,
Chapter 1 Page 3
244
to sell within this Republic any copy of that Translation, or a different translation of the same work in the same language within the first three years of the publication thereof; however, anyone will be free, at all times, to publish a translation of the same work in other languages.
6. That anyone who intends to notify the public of a translation of any Foreign Work, in whatever language, is held
a. To present a copy of the original work to the Municipality of the town where he resides, on the Title Page whereof, in name of the Municipality, will then be put in writing, without payment of any costs, the words:
Presented by NN, for translation into the NN language, to the Municipality of NN.
Witnessed by me,
NN
b. to give notice of his intention to publish such a Translation, with the accompanying statement that the original work has been presented by him to the Municipality of his residence, at least three times in the newspaper of his residence, or if there is no newspaper issued there, in the one of the town closest by, and furthermore in any such other Newspapers, as he will deem expedient in his interest.
c. Within six months of the presentation of the original Work to the Municipality of his residence, to present six printed, full sheets of the announced Translation, of which likewise ought to be advertised once in the Gazette of his residence or, in the absence of this, in that of the nearest Town.
7. That anyone who publishes any original or translated Work, of which, in the aforesaid manner, has a Right of Property or Preference, will be obliged:
Chapter 1 Page 4
245
a. to put on the title page thereof his Name, and the Name of the town and year of the publication.
b. To present a copy of such a Work, or, in case that it is published in Volumes, Parts, or Issues, of each Volume, Part, or Issue, with the publication, a properly bound copy, to the Municipality of the Town of Publication and the National Library, for which in the name of the Municipality as well as in the name of the Guardians of the National Library, a receipt will be handed to him of the following content:
The Municipality of NN hereby declares
The Guardians of the National Library hereby declare
To have received of NN a properly bound copy of the Work published by him, entitled NN (with addition of the Issue of the Volume).
Witnessed by me,
NN
8. That, if a person were to have failed to comply with one or more of the aforesaid provisions, his Right of Property or Preference will thereby be cancelled at once, and therefore each and everyone will be free to sell copies of that work, be it original or translated.
9. That, in respect of works already published within the Batavian Republic before the enactment of this Act, the Right of Property or Preference, on the same footing as is provided by this Act, shall be granted to anyone who can prove to possess it; provided that, with a new publication, that which is laid down in articles 6 and 7 above, is complied with by him.
10. That, as all the aforesaid provisions are based on the principle of Property Right or Preference, they respectively will be revoked, if such Right of Property or Preference does not exist; expressly
Chapter 1 Page 5
246
excluded therefrom will be the printing of the so-called Greek and Roman Auctores Classici, at least in as far as it concerns their Text, furthermore Bibles, Testaments, Psalm Books, Catechisms, and all such Church and School Books, of which the Copyright is not the property of another, and furthermore all ordinary Calendars and Almanacs, as far as they include the date and name of every day of the year, the list of Fairs, Fairgrounds, Horse, Animal, and Leather Markets, of the rising and setting of the Sun and Moon, of the Water Tides, ringing of gate bells, eras,
Eclipses and Celestial Phenomena, Holidays, coming and going of Mail, departures of Barges and Post Cars, the Small Seal, and Meteorological Observations, each Resident remains free and unencumbered to produce, of the aforesaid Auctores Classici, Bibles, Testaments, Psalm Books, Catechisms, Church and School books, Calendars and Almanacs, as many prints as he deems expedient in his own, or the public, interest, while from this general exemption is excluded the copying of all such Almanacs, to which, by the previous administration of this commonwealth, on any onerous condition, has been granted Privilege or Patent of which the term, as yet, has not lapsed, and also the piracy of all that what any Publisher of an Almanac may have added for the more convenient use of the aforementioned ingredients of an ordinary Almanac, or for the increase of the general usefulness thereof.
11. That therefore are considered repealed all Notices and Acts, thus far, with regard to the publication of books by any National, Regional and Municipal Administration in this Republic, enacted at the time.
12. That finally, each and every one concerned will be ordered to strictly act accordingly, and also all Political and Judicial Bodies and Persons in this commonwealth to implement and observe the above enacted, as well as to bring proceedings against infringers, in a manner that are found to be proper according to a good Administration of Police and Justice.
Chapter 1 Page 6
247
Consequently, the State Administration orders that this will be announced and posted, everywhere, as is proper.
At the Hague, 3rd June 1803.
(Was signed)
C.H. Gockinga, Pres.
(Under the authority of)
By order of the State Administration
(Was signed)
C.G. Hultman
[...]
Translation by: Miluska Kooij
Source: Verzameling van vaderlandsche wetten en besluiten uitgevaardigd sedert 22 Januarij 1798 tot 10 Julij 1810, in zooverre zij ook, sedert de invoering der nieuwe wetgeving in Nederland, middellijk of onmiddellijk van toepassing zijn, J. van de Poll ed., Amsterdam: Bij Johannes Müller, 1840, I, pp. 242-247; Koninklijke Bibliotheek, NL 61 C 2003
Citation:
National Book Act of the Batavian Republic, The Hague (1803), 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
6 translated pages
Chapter 1 Page 1
242
[...]
OFFICIAL PUBLICATION of the State Administration of the Batavian Republic, forasmuch the discontinuation of Privileges and Patents concerning the printing and publishing of books, and prohibition of copying of original or translated works, etc.
Issued on the 3rd of June 1803.
The State Administration of the Batavian Republic gives notice:
That, the Legislative Body of the Batavian Commonwealth having approved
the Recommendation thereto made to it by the State Administration, has been enacted,
as is hereby enacted.
1. That from now on no Privileges or Patents, to the Printing and Publishing of Books, will be granted by public authority, as contrary to the fundamental principles of the Social Contract, according to which everyone, without any special law to his benefit, is entitled to the protection of his rightful Property.
2. That consequently, when someone in the Batavian Republic publishes an original work, of which he owns the usually so-called Copyright, as he is the creator thereof, or has obtained it, for nothing, for money, or in another, be it legitimate way, whether that Work is published wither all at once, or in Volumes or Parts, be it Yearly, Monthly, Weekly or Daily, he therefore, for himself as well as his heirs, has or obtains the right to publish that Work in such a format and in such a manner as he approves of; as if the reported right of publication were a property, whereon no one, without his consent, has legitimate claim,
Chapter 1 Page 2
243
and in the exercising of said right no one may damage him.
3. That therefore is expressly prohibited to copy and sell such original work, whereof the Right of Publication is the Property of another, as well as to import, distribute or sell such as is copied outside the Republic, on punishment of, which he who will have distributed or sold any copies of such work will incur, for the first time, the seizure of all unsold copies of the copy still available within the Republic to the benefit of the owner of the original Print, to whom he furthermore will have to pay the value or amount of two hundred and fifty copies of the real Print, calculated according to the selling price; for the second time, above and beyond the aforesaid, a sum amounting to five hundred copies of the real print, half of which will go to the common poor of the town where the proceedings occur, and half to the Prosecutor, who will carry on the proceedings; for the third time, above and beyond the aforesaid, he will be punished with the banishment from the Territory of the Batavian Republic.
4. That on the same punishments as are provided in Art. 3 is also prohibited the distribution or selling of any Translation, abridging or expansion of any original work published in this Republic, so that its content is literally copied, be it in full or in large part, , unless with written consent of the owner of it; however, without prejudice to the freedom of each Resident to, in order to distribute general useful knowledge in Literary Works, e.g. Journals, Magazines, Almanacs, or the like, by way of abstract and review, give notice to the Public on, or notify it of, the nature, summarized content, and value of published works, which everyone remains free and unencumbered to do.
5. That when someone publishes a translation of a work, published outside this Republic, within the latter, as well as it is prohibited to anyone, on Punishments laid down in Art. 3,
Chapter 1 Page 3
244
to sell within this Republic any copy of that Translation, or a different translation of the same work in the same language within the first three years of the publication thereof; however, anyone will be free, at all times, to publish a translation of the same work in other languages.
6. That anyone who intends to notify the public of a translation of any Foreign Work, in whatever language, is held
a. To present a copy of the original work to the Municipality of the town where he resides, on the Title Page whereof, in name of the Municipality, will then be put in writing, without payment of any costs, the words:
Presented by NN, for translation into the NN language, to the Municipality of NN.
Witnessed by me,
NN
b. to give notice of his intention to publish such a Translation, with the accompanying statement that the original work has been presented by him to the Municipality of his residence, at least three times in the newspaper of his residence, or if there is no newspaper issued there, in the one of the town closest by, and furthermore in any such other Newspapers, as he will deem expedient in his interest.
c. Within six months of the presentation of the original Work to the Municipality of his residence, to present six printed, full sheets of the announced Translation, of which likewise ought to be advertised once in the Gazette of his residence or, in the absence of this, in that of the nearest Town.
7. That anyone who publishes any original or translated Work, of which, in the aforesaid manner, has a Right of Property or Preference, will be obliged:
Chapter 1 Page 4
245
a. to put on the title page thereof his Name, and the Name of the town and year of the publication.
b. To present a copy of such a Work, or, in case that it is published in Volumes, Parts, or Issues, of each Volume, Part, or Issue, with the publication, a properly bound copy, to the Municipality of the Town of Publication and the National Library, for which in the name of the Municipality as well as in the name of the Guardians of the National Library, a receipt will be handed to him of the following content:
The Municipality of NN hereby declares
The Guardians of the National Library hereby declare
To have received of NN a properly bound copy of the Work published by him, entitled NN (with addition of the Issue of the Volume).
Witnessed by me,
NN
8. That, if a person were to have failed to comply with one or more of the aforesaid provisions, his Right of Property or Preference will thereby be cancelled at once, and therefore each and everyone will be free to sell copies of that work, be it original or translated.
9. That, in respect of works already published within the Batavian Republic before the enactment of this Act, the Right of Property or Preference, on the same footing as is provided by this Act, shall be granted to anyone who can prove to possess it; provided that, with a new publication, that which is laid down in articles 6 and 7 above, is complied with by him.
10. That, as all the aforesaid provisions are based on the principle of Property Right or Preference, they respectively will be revoked, if such Right of Property or Preference does not exist; expressly
Chapter 1 Page 5
246
excluded therefrom will be the printing of the so-called Greek and Roman Auctores Classici, at least in as far as it concerns their Text, furthermore Bibles, Testaments, Psalm Books, Catechisms, and all such Church and School Books, of which the Copyright is not the property of another, and furthermore all ordinary Calendars and Almanacs, as far as they include the date and name of every day of the year, the list of Fairs, Fairgrounds, Horse, Animal, and Leather Markets, of the rising and setting of the Sun and Moon, of the Water Tides, ringing of gate bells, eras,
Eclipses and Celestial Phenomena, Holidays, coming and going of Mail, departures of Barges and Post Cars, the Small Seal, and Meteorological Observations, each Resident remains free and unencumbered to produce, of the aforesaid Auctores Classici, Bibles, Testaments, Psalm Books, Catechisms, Church and School books, Calendars and Almanacs, as many prints as he deems expedient in his own, or the public, interest, while from this general exemption is excluded the copying of all such Almanacs, to which, by the previous administration of this commonwealth, on any onerous condition, has been granted Privilege or Patent of which the term, as yet, has not lapsed, and also the piracy of all that what any Publisher of an Almanac may have added for the more convenient use of the aforementioned ingredients of an ordinary Almanac, or for the increase of the general usefulness thereof.
11. That therefore are considered repealed all Notices and Acts, thus far, with regard to the publication of books by any National, Regional and Municipal Administration in this Republic, enacted at the time.
12. That finally, each and every one concerned will be ordered to strictly act accordingly, and also all Political and Judicial Bodies and Persons in this commonwealth to implement and observe the above enacted, as well as to bring proceedings against infringers, in a manner that are found to be proper according to a good Administration of Police and Justice.
Chapter 1 Page 6
247
Consequently, the State Administration orders that this will be announced and posted, everywhere, as is proper.
At the Hague, 3rd June 1803.
(Was signed)
C.H. Gockinga, Pres.
(Under the authority of)
By order of the State Administration
(Was signed)
C.G. Hultman
[...]
Translation by: Miluska Kooij