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    Core documents by: Date Place Core documents for: Italy Germany France Britain United States All documents for: Italy Germany France Britain United States Original language: English French German Italian Latin Browse documents by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse commentaries by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse database by: Key words Editors' login:  | | Fritsch: Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders, Regensburg (1750) Source: Scanned from a reprint edition, edited by Reinhard Wittmann (Munich, 1981) and based on a copy held at the Herzog August-Bibliothek in Wolfenbüttel Citation: Fritsch: Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders (1750), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Record-ID: d_1750 Full title "Treatise on Book Printers, Booksellers, Paper Manufacturers and Bookbinders - specifically on their statutes, liberties, disputes, on censorship and the inspection of their printing offices and bookshops, on ordinances etc." (German translation of the Latin original published in Jena in 1675, under the title "Tractatus de Typographis, Bibliopolis, Chartariis et Bibliopegis" ) Full title original language Abhandlungen von denen Buchdruckern, Buchhändlern, Papiermachern und Buchbindern. INsbesonderheit von deren Statuten, Freyheiten, Streitgkeiten, der Bücher-Censur, Inspection derer Buchdruckereyen= und Buchläden, Ordnungen etc. Abstract This document is related to d_1659 Ahasver Fritsch (1629-1701) was a lecturer in law in Halle and Jena between 1650 and 1675, and from then until his death he held the office of a chancellor in the principality of Schwarzburg-Rudolstadt. His treatise on the book trade was published in Jena in 1675, under the title "Tractatus de Typographis, Bibliopolis, Chartariis et Bibliopegis" and reprinted in 1750 as an anonymous German translation. Fritsch is one of the first writers on the subject to explicitly define an author's exclusive right to permit new editions of his work. The first publisher, however, has a right of priority to the publication of the new edition, provided that he offers the author terms which are as good as those promised by competing publishers (p.47). In Fritsch's view, however, the author's right is not meant to produce profit, but only honour. Quoting the Jena law professor Johannes Gryphiander (1580-1652), he states on page 37f.: "The works of authors are sold to book printers and book sellers for a certain price, but in such a way, though, that the latter have the profit, whereas the honour goes to the former." Fritsch' s views on authors' rights to new editions and his notion that the author may expect to gain honour but not profit, are probably based on his own experiences and hopes as an author and lecturer. However, when he presents a detailed justification of book privileges, Fritsch proves himself to be a judicious political theorist: privileges do not fall into the general category of monopolies which are to be rejected. He gives three reasons for arguing thus: (i) the demands of natural justness ("natürliche Billigkeit"), whereby the first publishers have to be protected, so that they may recoup their investment; (ii) publishers are encouraged ("angefrischet") by the award of privileges to have valuable new books printed at their expense; (iii) privileges are granted only for a limited term, so that they cannot seriously harm the public in any way. These three aspects sound quite modern: a special protection is justified on the grounds of the natural right not to suffer unjust damages and to recoup what one has invested. Furthermore, such special protection is justified as the means of providing an incentive for further publishing ventures. Nevertheless, such exemptions from the general rejection of monopolies are only to be allowed for a strictly limited term. Bibliography Frohne, Renate. "Ahasver Fritsch und das Urheberrecht", in "Historische Studien zum Urheberrecht in Europa", ed. by Elmar Wadle (Berlin 1992), 11'20 Gieseke, Ludwig. "Vom Privileg zum Urheberrecht" (Baden-Baden: Nomos, 1995) Related documents in this database Author Anonymous translation of a work by Ahasver Fritsch (1629-1701) Publisher Christian Gottlieb Seiffart Location Regensburg Year 1750 Language German Source Scanned from a reprint edition, edited by Reinhard Wittmann (Munich, 1981) and based on a copy held at the Herzog August-Bibliothek in Wolfenbüttel Physical description N/A Illustrations tables N/A Persons referred to Carpzov, Benedict Jr (1595-1666) Fritsch, Ahasver (1629-1701) Persons referred to in commentary Fritsch, Ahasver (1629-1701) Gryphiander, Johannes (1580-1652) Places referred to N/A Places referred to in commentary Halle Jena Schwarzburg-Rudolstadt, principality of Legislation referred to Imperial laws forbidding monopolies 1548 and 1577 Legislation referred to in commentary N/A Cases referred to N/A Cases referred to in commentary N/A Institutions referred to N/A Institutions referred to in commentary N/A Key words author/publisher relations authorship, legal concept of book market book trade defences and exemptions duration editions, new foreign reprints importation monopoly natural rights privileges privileges, fictitious privileges, German Imperial property analogies public good reputation typography Responsible editor Friedemann Kawohl Copyright status Original document is out of copyright. In so far as these scans are protected by copyright, they are made available on the same terms as translations and commentaries (see home page). | |||||
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| Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK | |||||||
