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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:  | | Copyright Act for the German Empire, Berlin (1870) Source: Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt Citation: Copyright Act for the German Empire (1870), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: d_1870 Full title Statute concerning author's rights to works of literature, illustrations, musical compositions and dramatic works. Of 11 June 1870, as published in: "Bundesgesetzblatt des Norddeutschen Bundes" 19 (1870): 339-353 Full title original language Gesetz, betreffend das Urheberrcht an Schriftwerken, Abbildungen, musikalischen Kompositionen und dramatischen Werken. Vom 11. Juni 1870 Abstract The Copyright Act of 1870 is the most important piece of copyright legislation enacted in Germany between the Prussian Act of 1837 (d_1837a) and the Copyright Act of 1901. Initially discussed and enacted within the context of the North German Confederation (1867-71), it was adopted by the new German Empire on the same day that the latter was officially constituted on 1 January 1871. The provisions were confined to literary, musical, dramatic works and printed images, whereas highly contested issues such as "works of art", "industrial designs" and "photography" were left to be regulated later by the Copyright Acts of 1876 (d_1876). The rights granted to authors were in principle limited to protection against unauthorised reprinting. Thus, any protection of derivative works had to be justified by classing them together with "reprints". This commentary focuses on the constitutional underpinning of the Act, gives an overview of the main provisions, and demonstrates how the decisions of the German Supreme Court (Reichsgericht) soon came to undermine the strict adherence to the basic concept of "reprinting" and thus paved the way for a modern binary concept of "work" and "author", as laid down in the Copyright Act of 1901. Bibliography N/A Related documents in this database Author N.N. Publisher Gesetz=Sammlungs=Debits= und Zeitungs=Komptoir Location Berlin Year 1870 Language German Source Max-Planck-Institut für Europäische Rechtsgeschichte, Frankfurt Physical description N/A Illustrations tables N/A Persons referred to Bismarck, Otto von (1815-1898) Wilhelm I (1797-1888) Persons referred to in commentary Beethoven, Ludwig van (1770-1827) Heydemann, Ludwig Eduard (1805-1874) Hillern, Wilhelmine von (1836-1916) Hinschius, Franz (1810-1877) Roenne, Ludwig Peter Moritz von (1805-1891) Places referred to Berlin Leipzig Places referred to in commentary Frankfurt Legislation referred to Copyright Act for the German Empire 1870 Legislation referred to in commentary Prussian Copyright Act 1837 Copyright Act for the German Empire 1870 Copyright Acts for the German Empire 1876 German Civil Code 1900 (BGB) Copyright Act for the German Empire 1901 Cases referred to N/A Cases referred to in commentary Geier-Wally case (1882) Clariophon case (1888), concerning a mechanical music box Ariston case (1895), concerning a mechanical music box Herophon case, concerning a mechanical music box Institutions referred to Bundesrat (Federal Council) of the North German Confederation Federal Chancellery Office (Berlin) Leipzig City Council Leipzig Commercial Court Reichstag of the North German Confederation Supreme Commercial Court of the North German Confederation (Leipzig) Institutions referred to in commentary Austrian Society of Authors, Composers, and Music Publishers (f.1897) C. F. Peters Musikverlag, Leipzig (f.1800) Federal Assembly (Bundestag) of the German Confederation German Society for Musical Performance Rights (f.1903) Prussian Association of Musical Experts Reichstag of the North German Confederation Supreme Court (Leipzig) Key words adaptation anonymous works anthologies applied art, protected subject matter architecture, protected subject matter arrangement attribute, obligation to authorship, corporate authorship, joint or collaborative authorship, legal concept of books, protected subject matter Börsenverein (German Publishers' and Booksellers' organisation) compilation contract copying, concept of derivatives dramatic works, protected subject matter dramatico-musical works, protected subject matter drawings, protected subject matter duration duration, post mortem term editions, new fair use foreign reprints formalities inheritability international agreements, Berne Convention law books manuscript maps, protected subject matter music publishing music, protected subject matter newspapers oral works, protected subject matter originality penalties penalties, paid to author(s) penalties, paid to fiscal authorities penalties, paid to publisher(s) photography, protected subject matter privileges public performance reciprocity registration reprints scholarly writing serialisation societies, copyright transferability translation, right of translations, of contemporary works translations, protection of universities 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 | |||||||
