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Association for the Book trade’s Amended Draft of a Bill on the Right to Copy, Amsterdam (1860)
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, UBM: KVB 6725
Citation:
Association for the Book trade’s Amended Draft of a Bill on the Right to Copy, Amsterdam (1860), 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
10 translated pages
Chapter 1 Page 1
REPORT
OF THE
COMMITTEE
FOR THE
DRAFT OF A BILL
TO REGULATE THE
RIGHT TO COPY.
Chapter 1 Page 2
REPORT
OF THE
COMMITTEE
FOR THE
DRAFT OF A BILL
TO REGULATE THE
RIGHT TO COPY.
Chapter 1 Page 11
DRAFT
OF A
BILL
ON THE
RIGHT TO COPY.
I. Of the Right to copy.
ART. 1.
The right to copy or to copying in print is the exclusive right to publish, distribute, and sell or to cause to be sold literary works, pictures, maps and musical works, in whole or in part, in one or more languages or formats.
ART. 2
The right to copy is taken to be movable property.
Transfer between the living must be demonstrated in writing.
The right to copy does not pass on other than with all the obligations connected therewith at the first transfer.
ART. 3.
The right to copy belongs to the authors, their heirs or assignees.
Also taken to be authors are the persons who have assembled collected works, which are formed by independent contributions from several co-workers. Unless
Chapter 1 Page 12
12
provided otherwise in the agreement, each co-worker however retains the exclusive right to publish his contributions separately.
ART.4.
The term of the right to copy is:
a. Of works published under the name of the author: the lifespan of the author and . . . . . years after his death;
b. Of works published without the name of the author, or under a pseudonym, or after the death of the author (anonymous works, those under a pseudonym, or posthumous works): . . . . . years after the first publication;
c. Of works of companies, societies, moral bodies, insofar as the authors are not mentioned therein: . . . . . years after the first publication.
The author of anonymous and pseudonymous works, who makes himself publicly known during the period in which he is granted the right to copy under b and c, possesses the same rights that are granted to the author under a, provided that his name appears on the title page of later editions of those works.
The year wherein the death or publication takes place is not counted.
For works named under b and c, which are made up of multiple volumes, the duration of the right to copy is calculated for each volume separately, as an independent work.
ART. 5.
To exercise the right to copy, every edition of any literary work, picture, map and musical work, in reprint as well as first print, should comply with the following conditions:
Chapter 1 Page 13
13
a. That the work be printed at a Dutch printing house, have a Dutch publisher and his name be printed on the title page, or in the absence of a title page, where it is most appropiate, with indication of his residence and the time of publication.
b. That of each work, within one month of the publication, the author or the publisher will deposit three copies, of which one is signed and provided with the date by one of them on the title page, or, in the absence of a title page, on the cover, and provided with a signed declaration by the printer that the work is printed at his printing house, with the Municipality of his residence. The municipality is obliged to give a receipt thereof and to send the copies to the Home Office.
Of the given receipt, copies are kept by the Municipality in a register intended for that purpose, which is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report is issued by the Home Office in the Government Gazette of the works which have been received there in order to comply with the regulation.
ART. 6.
There exists no right to copy with regard to Acts, Decrees, State Documents, and that which further is made generally known by some public power, or of which the public nature is ordained by law, with the exception of those, of which the publication, under art. 10, is taken to be pirated.
ART. 7.
With regard to the right to copy, no differentiation is made between original works and translations.
Chapter 1 Page 14
14
II. Penal provisions and rights in case of infringement of the Right to copy.
ART. 8.
Whoever reproduces any work, on which exists a right to copy in this country, is fined NLG 25 to NLG 1000.
At the sentencing, the court rules that the fine, in case the offerder fails to pay it within two months of being notified to do so, will be substituted by imprisonment of __ days to __ months.
The sentencing is always accompanied by: 1. the seizure of the plates, forms and molds, which regularly can only serve to the making of the copied objects; and 2. the allocation of the unsold copies of the pirated work available in this country to the owner of the right to copy; -- regardless of his right to claim compensation in ordinary legal proceedings.
ART. 9.
Under the same penalties is punished whoever consciously distributes, sells, or imports for distribution or selling, pirated copies of any work, on which exists a right to copy in this country.
ART. 10.
Piracy is also taken to be: the publishing in print, without consent of the author or his assignees, of manuscripts or just as manuscript printed pieces, and orally held lessons, sermons, lectures, and such like speeches.
ART. 11.
The seizure and the allocation (set out in
Chapter 1 Page 15
15
art. 8) will also take place, when the accused is acquitted or discharged of prosecution.
ART. 12.
It is not considered as infringment of the right to copy to communicate abstracts thereof in magazines or to give quotations or borrow themes therefrom in other works, for purposes of review or to give notice of the nature and value of any work published in print; provided that such abstracts, quotations or themes are not made up from fragments which form a whole by themselves.
III. Legal Proceedings.
ART. 13.
All infringements of the rights to copy, for which penalty or forfeiture is threatened, are prosecuted by the Public Prosecutor upon a complaint by the rights owners. They are initiated and proceeded as correctional cases.
At the claim is submitted the receipt of the municipality (art. 5, para. b).
In case the Public Prosecutor finds no grounds for initiating proceedings, he gives written notice thereof to the applicant, in a notification bearing a date.
ART. 14.
Pirated copies, or those taken to be pirated, of any literary work, picture, map or musical work, can be seized by the owners of the copyright of such a work, in order to ensure themselves of the allocation thereof.
Chapter 1 Page 16
16
This seizure occurs in the same manner as the seizure under foreclosure of movable property.
In case of a claim, within eight days of the seizure, notice is given thereof, with submission of the record, to the Public Prosecutor of the court, under which jurisdiction it is seized.
Individual copies, owned by persons who do not trade in these objects and have obtained them for personal use, cannot be seized.
ART. 15.
If no prosecution takes place, the judgment creditor is obliged to serve a writ of summons on the judgment debtor for Statement of Value before the civil Court.
The demand for Statement of Value has to occur on penalty of the nullification of the seizure:
a. if there had been no claim during the seizure, and this had not been paired with the submission of the record, within eight days of the seizure;
b. if the claim does not give rise to a prosecution, within eight days of the reception of the notification of the Public Prosecutor, mentioned in art. 13, last paragraph.
ART. 16.
If the seizure is lifted, the judgment creditor will be ordered to cover costs, damages and interests, in case grounds thereto are present.
ART. 17.
In respect of the claim, the seizure and allocation, the publisher is taken to be the representative of the owner of the right to copy, subject to the right of the latter to enforce his rights himself, in
Chapter 1 Page 17
17
so far as he has an interest independent from the publisher's.
ART. 18.
All criminal proceedings under this Act will be barred through the lapse of two years.
IV. Transitional Provisions.
ART. 19.
The right to copy of any work, which under the Act of 25 January 1817 was not considered to be subject to any right to copy, but is so under the present Act, is granted to them who would have obtained that right, had the present Act been in force at the publication of that work.
This right cannot be invoked against those who had on (day, on which the Draft of the Act is filed) already published that work in print.
ART. 20.
Of all the works in respect of which one wishes to ensure the enjoyment of the previous article, a copy has to be deposited with the Municipality of residence of the stakeholder within one month after the date of this Act, in order that thereby will be acted as is provided in art. 5.
In the receipt to be issued, notification will be made of the time of the original publication of the deposited work, according to the statement of the stakeholder. Rebuttal of this statement is allowed.
ART. 21.
The provisions of this Act are applicable to all
Chapter 1 Page 18
18
new editions or reprints of previously published works being published after its promulgation.
ART. 22.
The right to copy, obtained under earlier legislation, enjoys the protection of the present Act, however, with regard to the duration is judged according to the Act under which it originated.
ART. 23.
All earlier Acts and Decrees, concerning the right to copy and translation, are hereby repealed and abrogated.
Translation by: Miluska Kooij & Stef van Gompel
Source: Bijzondere Collecties, Universiteitsbibliotheek van Amsterdam, UBM: KVB 6725
Citation:
Association for the Book trade’s Amended Draft of a Bill on the Right to Copy, Amsterdam (1860), 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
10 translated pages
Chapter 1 Page 1
REPORT
OF THE
COMMITTEE
FOR THE
DRAFT OF A BILL
TO REGULATE THE
RIGHT TO COPY.
Chapter 1 Page 2
REPORT
OF THE
COMMITTEE
FOR THE
DRAFT OF A BILL
TO REGULATE THE
RIGHT TO COPY.
Chapter 1 Page 11
DRAFT
OF A
BILL
ON THE
RIGHT TO COPY.
I. Of the Right to copy.
ART. 1.
The right to copy or to copying in print is the exclusive right to publish, distribute, and sell or to cause to be sold literary works, pictures, maps and musical works, in whole or in part, in one or more languages or formats.
ART. 2
The right to copy is taken to be movable property.
Transfer between the living must be demonstrated in writing.
The right to copy does not pass on other than with all the obligations connected therewith at the first transfer.
ART. 3.
The right to copy belongs to the authors, their heirs or assignees.
Also taken to be authors are the persons who have assembled collected works, which are formed by independent contributions from several co-workers. Unless
Chapter 1 Page 12
12
provided otherwise in the agreement, each co-worker however retains the exclusive right to publish his contributions separately.
ART.4.
The term of the right to copy is:
a. Of works published under the name of the author: the lifespan of the author and . . . . . years after his death;
b. Of works published without the name of the author, or under a pseudonym, or after the death of the author (anonymous works, those under a pseudonym, or posthumous works): . . . . . years after the first publication;
c. Of works of companies, societies, moral bodies, insofar as the authors are not mentioned therein: . . . . . years after the first publication.
The author of anonymous and pseudonymous works, who makes himself publicly known during the period in which he is granted the right to copy under b and c, possesses the same rights that are granted to the author under a, provided that his name appears on the title page of later editions of those works.
The year wherein the death or publication takes place is not counted.
For works named under b and c, which are made up of multiple volumes, the duration of the right to copy is calculated for each volume separately, as an independent work.
ART. 5.
To exercise the right to copy, every edition of any literary work, picture, map and musical work, in reprint as well as first print, should comply with the following conditions:
Chapter 1 Page 13
13
a. That the work be printed at a Dutch printing house, have a Dutch publisher and his name be printed on the title page, or in the absence of a title page, where it is most appropiate, with indication of his residence and the time of publication.
b. That of each work, within one month of the publication, the author or the publisher will deposit three copies, of which one is signed and provided with the date by one of them on the title page, or, in the absence of a title page, on the cover, and provided with a signed declaration by the printer that the work is printed at his printing house, with the Municipality of his residence. The municipality is obliged to give a receipt thereof and to send the copies to the Home Office.
Of the given receipt, copies are kept by the Municipality in a register intended for that purpose, which is open to public inspection and from which an extract or copy can be obtained for a fee.
A monthly report is issued by the Home Office in the Government Gazette of the works which have been received there in order to comply with the regulation.
ART. 6.
There exists no right to copy with regard to Acts, Decrees, State Documents, and that which further is made generally known by some public power, or of which the public nature is ordained by law, with the exception of those, of which the publication, under art. 10, is taken to be pirated.
ART. 7.
With regard to the right to copy, no differentiation is made between original works and translations.
Chapter 1 Page 14
14
II. Penal provisions and rights in case of infringement of the Right to copy.
ART. 8.
Whoever reproduces any work, on which exists a right to copy in this country, is fined NLG 25 to NLG 1000.
At the sentencing, the court rules that the fine, in case the offerder fails to pay it within two months of being notified to do so, will be substituted by imprisonment of __ days to __ months.
The sentencing is always accompanied by: 1. the seizure of the plates, forms and molds, which regularly can only serve to the making of the copied objects; and 2. the allocation of the unsold copies of the pirated work available in this country to the owner of the right to copy; -- regardless of his right to claim compensation in ordinary legal proceedings.
ART. 9.
Under the same penalties is punished whoever consciously distributes, sells, or imports for distribution or selling, pirated copies of any work, on which exists a right to copy in this country.
ART. 10.
Piracy is also taken to be: the publishing in print, without consent of the author or his assignees, of manuscripts or just as manuscript printed pieces, and orally held lessons, sermons, lectures, and such like speeches.
ART. 11.
The seizure and the allocation (set out in
Chapter 1 Page 15
15
art. 8) will also take place, when the accused is acquitted or discharged of prosecution.
ART. 12.
It is not considered as infringment of the right to copy to communicate abstracts thereof in magazines or to give quotations or borrow themes therefrom in other works, for purposes of review or to give notice of the nature and value of any work published in print; provided that such abstracts, quotations or themes are not made up from fragments which form a whole by themselves.
III. Legal Proceedings.
ART. 13.
All infringements of the rights to copy, for which penalty or forfeiture is threatened, are prosecuted by the Public Prosecutor upon a complaint by the rights owners. They are initiated and proceeded as correctional cases.
At the claim is submitted the receipt of the municipality (art. 5, para. b).
In case the Public Prosecutor finds no grounds for initiating proceedings, he gives written notice thereof to the applicant, in a notification bearing a date.
ART. 14.
Pirated copies, or those taken to be pirated, of any literary work, picture, map or musical work, can be seized by the owners of the copyright of such a work, in order to ensure themselves of the allocation thereof.
Chapter 1 Page 16
16
This seizure occurs in the same manner as the seizure under foreclosure of movable property.
In case of a claim, within eight days of the seizure, notice is given thereof, with submission of the record, to the Public Prosecutor of the court, under which jurisdiction it is seized.
Individual copies, owned by persons who do not trade in these objects and have obtained them for personal use, cannot be seized.
ART. 15.
If no prosecution takes place, the judgment creditor is obliged to serve a writ of summons on the judgment debtor for Statement of Value before the civil Court.
The demand for Statement of Value has to occur on penalty of the nullification of the seizure:
a. if there had been no claim during the seizure, and this had not been paired with the submission of the record, within eight days of the seizure;
b. if the claim does not give rise to a prosecution, within eight days of the reception of the notification of the Public Prosecutor, mentioned in art. 13, last paragraph.
ART. 16.
If the seizure is lifted, the judgment creditor will be ordered to cover costs, damages and interests, in case grounds thereto are present.
ART. 17.
In respect of the claim, the seizure and allocation, the publisher is taken to be the representative of the owner of the right to copy, subject to the right of the latter to enforce his rights himself, in
Chapter 1 Page 17
17
so far as he has an interest independent from the publisher's.
ART. 18.
All criminal proceedings under this Act will be barred through the lapse of two years.
IV. Transitional Provisions.
ART. 19.
The right to copy of any work, which under the Act of 25 January 1817 was not considered to be subject to any right to copy, but is so under the present Act, is granted to them who would have obtained that right, had the present Act been in force at the publication of that work.
This right cannot be invoked against those who had on (day, on which the Draft of the Act is filed) already published that work in print.
ART. 20.
Of all the works in respect of which one wishes to ensure the enjoyment of the previous article, a copy has to be deposited with the Municipality of residence of the stakeholder within one month after the date of this Act, in order that thereby will be acted as is provided in art. 5.
In the receipt to be issued, notification will be made of the time of the original publication of the deposited work, according to the statement of the stakeholder. Rebuttal of this statement is allowed.
ART. 21.
The provisions of this Act are applicable to all
Chapter 1 Page 18
18
new editions or reprints of previously published works being published after its promulgation.
ART. 22.
The right to copy, obtained under earlier legislation, enjoys the protection of the present Act, however, with regard to the duration is judged according to the Act under which it originated.
ART. 23.
All earlier Acts and Decrees, concerning the right to copy and translation, are hereby repealed and abrogated.
Translation by: Miluska Kooij & Stef van Gompel