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Supplement to the Regulations of the Association for the Book trade on the right of preference on translations, Amsterdam (1845)
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 374
Citation:
Supplement to the Regulations of the Association for the Book trade on the right of preference on translations, Amsterdam (1845), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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7 translated pages
Chapter 1 Page 1
ANNEX A TO THE REGULATIONS
OF THE
ASSOCIATION
PROMOTING THE
INTERESTS OF THE BOOK TRADE.
Chapter 1 Page 2
By resolution of the Extraordinary General Meeting of the 17th of November 1845, is provided:
1. to abolish and suspend ART. 3. of the Regulations to our Association.
2. to establish instead the following:
ART. 3.
Members undertake reciprocally, with the utmost conscientiousness, to respect the ownership, the printing and publishing right of Literary Works and Art Works, and enforce them reciprocally in case of infringement, as any other lawfully obtained property. They shall in particular, undertake to:
1) Of the so-called Church and School books published for the first time after 25 January 1817, only those copies intended for church use and Primary Education are considered public property for which no particular owner can be identified, or can exist by its nature.
2) The exclusive right to translate any foreign work, be it from the original, be it from a translation in another foreign language, will be recognized and respected by the Members as lawfully obtained by he, who will have presented such work first to the municipality of his residence. He
Chapter 1 Page 3
4
will be obliged to give due notice, signed with his name, of this presentation and the date on which it occurred, within the space of eight days, in the NEW GAZETTE AND GENERAL TRADESPAPER OF AMSTERDAM, being issued by the Brs. DIEDERICHS, in Amsterdam; and further present the Municipality of his residence with six fully printed sheets of the Translation within six months of that presentation, and likewise have a signed, due notice thereof placed in the aforementioned General Tradespaper, within 14 days of that presentation.
3) These notices will have to mention the correct date on which the presentation occurred, while, if it should appear that it has not taken place, or on a different day than specified, the presentation will be considered not to have been done.
4) In case of simultaneous presentation of the same work by two or more Booksellers at the Municipality of their residence, precedence will be given to the presenter of the original publication of the work; and in case such a difference of publication of the presented works does not exist, the Committee, if they fail to bring about an amicable settlement, will determine by lot, between two witnesses, to be appointed by both parties from among the Members residing in Amsterdam, to which of
Chapter 1 Page 4
5
the two presentations will be given precedence.
5) The Committee of the Association at all times has the right to ask to inspect the original proof of presentation of the submitter of the notice to the Municipality, the one, who fails to provide such proof 14 days after the first judicial notice, shall have lost his right.
6) The above reported advertisements, for which the Handelsblad has a space twice weekly, are placed at the expense of the Association.
7) From the above reported conditions are exempt, and are not taken to be subject to this right:
a. Translations of any Foreign Work in Low German Meter.
b. Brochures, covering in the original no more than 3 printing sheets or 48 pages.
c. Loose items from Magazines, or included therein, covering in the original no more than 32 pages.
d. Translations of Works, which in the original can be taken to be public property.
8) The translation right for a Foreign Work, in the aforesaid manner, having been duly obtained, also contains the exclusive right to the conversion of the same Work from all other languages wherein it has been, or will be, converted.
Chapter 1 Page 5
6
9) The translation right to the first volume of a Work, once obtained in the aforesaid way, also includes the same right to all subsequent volumes of the same work.
10) From Works, however, originally published under a collective title, one can only obtain translation rights of such documents as appear in the copy submitted for translation itself, and of which one must also give the specific title in the advertisement.
11) The translation rights obtained pursuant to the above provisions remain -- without prejudice to the, in Art. 2 of the Act of 25 January 1817, established, copyright of translations -- in existence for the period of ten years, counting from the day on which the translation (or the last volume of it) will have been published in full.
12) No Member of the Association shall be free to publish another Translation of such a Work within this reported period; in case of violation of this provision, by the Publisher of such a Translation shall have to be paid compensation, to he who has obtained that right as above, amounting to the value of 50 to 1000 copies of the lawful publication, to be calculated according to the Book Sellers Price.
13) And if the Lawful Translation has not yet been published, this compensation will be calculated according to the Book Sellers Price of the unLawfully published Translation.
Chapter 1 Page 6
7
14) If the Translation Rights are lawfully obtained in the manner set out in these Regulations, the seller or distributor of a translation of the same work printed outside the country is considered just as if he himself were publisher of them, and is subject to the penalties set out in this article.
15) The determination of the amount of this compensation is done by the members at a General Meeting, on a motivated recommendation of the Board of the Committee, in which heed will be paid to both the value of the aggrieved Copy, and to the presumed good or bad faith committed thereby by the Publisher of the unlawful Translation.
16) The individual members are obliged and hereby undertake to submit themselves to the ruling of the Meeting, without appeal.
17) The demand for payment of the compensation provided in this ruling shall, if the amount does not exceed NLD 200,-, in case of refusal of the losing party, be brought to the Justice of the Peace, District of Amsterdam, and on appeal to the District Court in Amsterdam; while, if the amount exceeds NLD 200,-, the reported District Court of first instance, and the Court of Appeals of North Holland, will hear appeals.
18) When bringing such actions, Art. 20 of these Regulations is not applicable.
Chapter 1 Page 7
8
19) The above provisions will enter into force the first of January 1846, and provisionally fixed for a period of two years.
20) Members undertake to, in good faith, as soon as they have decided to not publish a Translation, of a Work presented for translation by them, to announce this to their fellow members through the List of Works in Translation, monthly issued by SCHLEIJER AND SON.
21) The Committee is authorized, when it should appear that this obligation may give rise, for those who are not Members, to act to the detriment of Members, to propose measures in this regard, or take them immediately, if they could serve to promote the aims of the Association in general, or of this Agreement in particular, and uphold justice and compensation of damages for the plaintiff claiming damages.
Thus established at the Extraordinary General Meeting, held on the 17th of November 1845.
G.T.N. SURINGAR,
President.
J.F. SCHLEIJER,
Secretary.
Translation by: Miluska Kooij
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, Bibliotheek van het Boekenvak, archief KVB, inv. nr. KVB A 374
Citation:
Supplement to the Regulations of the Association for the Book trade on the right of preference on translations, Amsterdam (1845), 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
7 translated pages
Chapter 1 Page 1
ANNEX A TO THE REGULATIONS
OF THE
ASSOCIATION
PROMOTING THE
INTERESTS OF THE BOOK TRADE.
Chapter 1 Page 2
By resolution of the Extraordinary General Meeting of the 17th of November 1845, is provided:
1. to abolish and suspend ART. 3. of the Regulations to our Association.
2. to establish instead the following:
ART. 3.
Members undertake reciprocally, with the utmost conscientiousness, to respect the ownership, the printing and publishing right of Literary Works and Art Works, and enforce them reciprocally in case of infringement, as any other lawfully obtained property. They shall in particular, undertake to:
1) Of the so-called Church and School books published for the first time after 25 January 1817, only those copies intended for church use and Primary Education are considered public property for which no particular owner can be identified, or can exist by its nature.
2) The exclusive right to translate any foreign work, be it from the original, be it from a translation in another foreign language, will be recognized and respected by the Members as lawfully obtained by he, who will have presented such work first to the municipality of his residence. He
Chapter 1 Page 3
4
will be obliged to give due notice, signed with his name, of this presentation and the date on which it occurred, within the space of eight days, in the NEW GAZETTE AND GENERAL TRADESPAPER OF AMSTERDAM, being issued by the Brs. DIEDERICHS, in Amsterdam; and further present the Municipality of his residence with six fully printed sheets of the Translation within six months of that presentation, and likewise have a signed, due notice thereof placed in the aforementioned General Tradespaper, within 14 days of that presentation.
3) These notices will have to mention the correct date on which the presentation occurred, while, if it should appear that it has not taken place, or on a different day than specified, the presentation will be considered not to have been done.
4) In case of simultaneous presentation of the same work by two or more Booksellers at the Municipality of their residence, precedence will be given to the presenter of the original publication of the work; and in case such a difference of publication of the presented works does not exist, the Committee, if they fail to bring about an amicable settlement, will determine by lot, between two witnesses, to be appointed by both parties from among the Members residing in Amsterdam, to which of
Chapter 1 Page 4
5
the two presentations will be given precedence.
5) The Committee of the Association at all times has the right to ask to inspect the original proof of presentation of the submitter of the notice to the Municipality, the one, who fails to provide such proof 14 days after the first judicial notice, shall have lost his right.
6) The above reported advertisements, for which the Handelsblad has a space twice weekly, are placed at the expense of the Association.
7) From the above reported conditions are exempt, and are not taken to be subject to this right:
a. Translations of any Foreign Work in Low German Meter.
b. Brochures, covering in the original no more than 3 printing sheets or 48 pages.
c. Loose items from Magazines, or included therein, covering in the original no more than 32 pages.
d. Translations of Works, which in the original can be taken to be public property.
8) The translation right for a Foreign Work, in the aforesaid manner, having been duly obtained, also contains the exclusive right to the conversion of the same Work from all other languages wherein it has been, or will be, converted.
Chapter 1 Page 5
6
9) The translation right to the first volume of a Work, once obtained in the aforesaid way, also includes the same right to all subsequent volumes of the same work.
10) From Works, however, originally published under a collective title, one can only obtain translation rights of such documents as appear in the copy submitted for translation itself, and of which one must also give the specific title in the advertisement.
11) The translation rights obtained pursuant to the above provisions remain -- without prejudice to the, in Art. 2 of the Act of 25 January 1817, established, copyright of translations -- in existence for the period of ten years, counting from the day on which the translation (or the last volume of it) will have been published in full.
12) No Member of the Association shall be free to publish another Translation of such a Work within this reported period; in case of violation of this provision, by the Publisher of such a Translation shall have to be paid compensation, to he who has obtained that right as above, amounting to the value of 50 to 1000 copies of the lawful publication, to be calculated according to the Book Sellers Price.
13) And if the Lawful Translation has not yet been published, this compensation will be calculated according to the Book Sellers Price of the unLawfully published Translation.
Chapter 1 Page 6
7
14) If the Translation Rights are lawfully obtained in the manner set out in these Regulations, the seller or distributor of a translation of the same work printed outside the country is considered just as if he himself were publisher of them, and is subject to the penalties set out in this article.
15) The determination of the amount of this compensation is done by the members at a General Meeting, on a motivated recommendation of the Board of the Committee, in which heed will be paid to both the value of the aggrieved Copy, and to the presumed good or bad faith committed thereby by the Publisher of the unlawful Translation.
16) The individual members are obliged and hereby undertake to submit themselves to the ruling of the Meeting, without appeal.
17) The demand for payment of the compensation provided in this ruling shall, if the amount does not exceed NLD 200,-, in case of refusal of the losing party, be brought to the Justice of the Peace, District of Amsterdam, and on appeal to the District Court in Amsterdam; while, if the amount exceeds NLD 200,-, the reported District Court of first instance, and the Court of Appeals of North Holland, will hear appeals.
18) When bringing such actions, Art. 20 of these Regulations is not applicable.
Chapter 1 Page 7
8
19) The above provisions will enter into force the first of January 1846, and provisionally fixed for a period of two years.
20) Members undertake to, in good faith, as soon as they have decided to not publish a Translation, of a Work presented for translation by them, to announce this to their fellow members through the List of Works in Translation, monthly issued by SCHLEIJER AND SON.
21) The Committee is authorized, when it should appear that this obligation may give rise, for those who are not Members, to act to the detriment of Members, to propose measures in this regard, or take them immediately, if they could serve to promote the aims of the Association in general, or of this Agreement in particular, and uphold justice and compensation of damages for the plaintiff claiming damages.
Thus established at the Extraordinary General Meeting, held on the 17th of November 1845.
G.T.N. SURINGAR,
President.
J.F. SCHLEIJER,
Secretary.
Translation by: Miluska Kooij