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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:  | | Fichte: Proof of the Unlawfulness of Reprinting, Berlin (1793) Source: Berlinische Monatschrift (1793), 443-482 Citation: Fichte: Proof of the Unlawfulness of Reprinting (1793), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: d_1793 Full title Proof of the Unlawfulness of Reprinting: A Rationale and a Parable. In: Berlinische Monatschrift (1793), 443-482 Full title original language Beweis der Unrechtmäßigkeit des Büchernachdrucks. Ein Räsonnement und eine Parabel. Abstract This article by the philosopher Johann Gottlieb Fichte (1762-1814) is sometimes described as a foundational text of what is generally referred to as the distinction between idea and expression in copyright law. Fichte identifies the permanent feature of a book as "the form of the thoughts", the result of a two-fold abstraction: the intellectual part is abstracted from the physical part; and, then, within this intellectual part "the form of the thoughts" is abstracted from the ideas. Hence there are three types of property in a book. The physical book as a full property is completely at the owner's disposal. The ideas, after being shared with the public, become a common property of the author and his readers. But the abstract form necessarily remains the author's property, because it is "physically impossible" for this to be appropriated by another person. The commentary focuses on the late eighteenth-century discussion that Fichte was contributing to and on the impact of Fichte's theory on nineteenth-century German copyright. Bibliography Borghi, Maurizio, "Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment", in Fiona MacMillan (ed.), "New Directions in Copyright Law" (Edward Elgar Publishing: Cheltenham, 2007), 5: 197-222 Kretschmer, Martin and Friedemann Kawohl, "Johann Gottlieb Fichte, and the trap of Inhalt (content) and form: An information perspective on music copyright", in "Information, Communication & Society" (forthcoming) Kretschmer, Martin and Friedemann Kawohl, "The History and Philosophy of Copyright", in Simon Frith and Lee Marshall (eds), "Music and Copyright" (Edinburgh U.P., 2004), 21-53 Woodmansee, Martha, "The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the 'Author'", "Eighteenth Century Studies" 17, nr 4 (1984): 425-448 Related documents in this database Author Fichte, Johann Gottlieb (1762-1814) Publisher Haude and Spener Location Berlin Year 1793 Language German Source Berlinische Monatschrift (1793), 443-482 Physical description N/A Illustrations tables N/A Persons referred to Correggio, Antonio Allegri da (c.1494-1534) Fichte, Johann Gottlieb (1762-1814) Joseph II (1741-1790) Kant, Immanuel (1724-1804) Knigge, Adolph Baron von (1752-1796) Luther, Martin (1483-1546) Müller, Johann Gottwerth (1743-1828) Reimarus, Johann Albert Heinrich (1729-1814) Schmieder, Christian Gottlieb (1750-1827) Trattner, Johann Thomas von (1717-1798) Persons referred to in commentary Fichte, Johann Gottlieb (1762-1814) Places referred to Itzehoe Königsberg Places referred to in commentary N/A Legislation referred to N/A 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 anthologies attribute, obligation to author/publisher relations authors' remuneration authorship, legal concept of authorship, romantic concept of authorship, theory of Bible, the contract copying, concept of editions, new fraud idea/expression imitation inventions inventors learning, the advancement of libraries natural rights originality piracy plagiarism privileges property analogies property theory, authors' property public domain public good reprints royalty/royalties scholarly writing scribal publication transferability translations, of classic works unpublished works utility 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 | |||||||
