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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:  | | Bluntschli: On Authors' Rights, Munich (1853) Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte. Citation: Bluntschli: On Authors' Rights (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: d_1853a Full title On Authors' Rights, chapter 6 of "German Private Law" Vol. I Full title original language "Vom Autorrecht" Kapitel 6 aus "Deutsches Privatrecht" Abstract This chapter is the most extensive discussion of intellectual property by the famous Swiss jurist Johann Caspar Bluntschli (1808-1881). His earlier contributions in this field included the respective paragraphs in a draft for a Code Civil for the Canton of Zurich and a review of treatises by Renouard, Jolly, Muquardt and Villefort. Bluntschli's concept of a "natural relationship" between author and work "just as between creator and creature" foreshadows the focus on the author's "intellectual and personal relationship with his work" as defined in contemporary German copyright. The "work" is regarded as a "revelation and expression" of the author's "personal intellect", whereas the "property value" (Vermögenswert) is a secondary aspect. Reprinting, even if no financial loss is caused, constitutes a "violation of the author's rights, since no one has the right to make the author speak to the public against his will, that is, to expose a part of his personality, his name, and his reputation as an author to the community". Bluntschli's approach to author's rights is regarded as one of the main sources of the personalistic view on intellectual property which developed within the German tradition. Bibliography Jänich, Volker, "Geistiges Eigentum" (Tübingen: Mohr Siebeck, 2002) Vogel, Martin, "Urheberpersönlichkeitsrecht und Verlagsrecht im letzten Drittel des 19. Jahrhunderts", "GRUR" (= "Gewerblicher Rechtsschutz und Urheberrecht") (1994): 587-593 Related documents in this database Author Johann Kaspar Bluntschli Publisher Literarisch-artistische Anstalt Location Munich Year 1853 Language German Source Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte. Physical description N/A Illustrations tables N/A Persons referred to Bluntschli, Johann Kaspar (1808-1881) Grimm, Jacob Ludwig Carl (1785-1863) Grimm, Wilhelm Carl (1786-1859) Guyot, Pierre Jean Jacques Guillaume (1719-1784) Jolly, Julius (1823-1891) Kant, Immanuel (1724-1804) Laboulaye, Édouard René de (1811-1883) Merlin, Philippe-Antoine (1778-1854) Mittermaier, Karl Joseph Anton von (1787-1867) Pardessus, Jean-Marie (1772-1853) Renouard, Augustin-Charles (1794-1878) Persons referred to in commentary Bluntschli, Johann Kaspar (1808-1881) Jolly, Julius (1823-1891) Muquardt, Charles (fl.1851-1860) Renouard, Augustin-Charles (1794-1878) Villefort, Charles (1820-1887) Places referred to N/A Places referred to in commentary Heidelberg Munich Zurich Legislation referred to Parisian Book Trade Regulations 1618 Statute of Anne, 1710, 8 Anne, c.19 Copyright Act, 1814, 54 Geo.III, c.156 U.S. Copyright Act 1831, 21st Cong., 2d Sess., 4 Stat. 436 Prussian Copyright Act 1837 Directive of reciprocal protection within the German Confederation (1837) International Copyright Act, 1838, 1 & 2 Vict., c.59 Bavarian Copyright Act 1840 German federal directive (22 April 1841), on performance rights International Copyright Act, 1844, 7 & 8 Vict., c.12 Legislation referred to in commentary German Copyright Act 1965 Cases referred to N/A Cases referred to in commentary N/A Institutions referred to House of Lords Nuremberg City Senate Institutions referred to in commentary N/A Key words abridgements adaptation anonymous works anthologies applied art, protected subject matter authenticity author/publisher relations authorship, joint or collaborative authorship, legal concept of authorship, romantic concept of authorship, theory of books, protected subject matter commissions compilation dramatic works, protected subject matter dramatico-musical works, protected subject matter drawings, protected subject matter duration duration, post mortem term editions, new engravings, protected subject matter excluded subject matter inheritability letters maps, protected subject matter monopoly moral rights, divulgation (first publication) music, protected subject matter newspapers oral works, protected subject matter originality paintings, protected subject matter penalties, paid to author(s) penalties, paid to fiscal authorities penalties, paid to publisher(s) personality theory privileges property theory public domain public performance reprints reputation royalty/royalties scholarly writing sculpture, protected subject matter transferability unpublished works 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 | |||||||
