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Orelli: "Swiss Copyright Act 1883 with comments and appendices", Zurich (1884)

Source:
Private Collection

Citation:
Orelli: "Swiss Copyright Act 1883 with comments and appendices" (1884), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
d_1884

Full title
"The Swiss Federal Statute of 23. April 1883 regarding copyright in works of literature and art: with a discussion of the relevant international treaties. Commented and explained by Aloys von Orelli" (Zurich 1884)

Full title original language
"Das schweizerische Bundesgesetz betreffend das Urheberrecht an Werken der Litteratur und Kunst: Unter Berücksichtigung der bezüglichen Staatsverträge. Erl. von Aloys von Orelli" (Zürich: Schultheß, 1884)

Abstract
Switzerland was among the last countries in Europe to issue a modern copyright act. In 1856 a number of cantons had agreed on a minimum protection term equivalent to the author's lifespan or 30 years after publication, whichever was the longer. No protection was granted against the unauthorised (re-)printing of public lectures and journal articles. After the Confederation entered into a treaty with France in 1864, it was paradoxically the case that Swiss citizens were protected in their home country to a lesser degree than the works of French authors in Switzerland.
The Copyright Act of 1883 conferred exclusive rights to authors for their lifespan plus 30 years p.m.a. The original author's right to control translations of his work was restricted to a 5 years' term within which the legitimate translation had to be published (Art. 3). The authors of musical and dramatic works were required to explicitly reserve their rights and the royalties were limited to 2% of box office takings (Art. 7). The restriction on translation rights was overtaken as early as 1886 when Switzerland signed the Berne Convention. But even after the Berlin revision of the Berne Convention in 1908 Switzerland did not adopt Berne standards before a new Copyright Act was issued in 1922.

Bibliography
Wittweiler, Bernhard, "Die Auswirkungen der Berner Übereinkunft auf die schweizerische Urheberrechtsgesetzgebung", in Manfred Rehbinder and Wolfgang Larese (eds), "Die Berner Übereinkunft und die Schweiz" (Stämpfli: Berne, 1986)

Related documents in this database

Author
Aloys von Orelli (1827-1892)

Publisher
F. Schultheß

Location
Zurich

Year
1884

Language
German

Source
Private Collection

Physical description
N/A

Illustrations tables
N/A

Persons referred to
Orelli, Aloys von (1827-1892)

Persons referred to in commentary
Orelli, Aloys von (1827-1892)

Places referred to
Switzerland

Places referred to in commentary
Europe
France
Switzerland

Legislation referred to
Swiss Copyright Act 1883

Legislation referred to in commentary
Franco-Swiss Copyright Treaty 1864
Swiss Copyright Act 1883
Berne Convention 1886
Berlin Act 1908 (Revision of the Berne Convention)
Swiss Copyright Act 1922

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
dramatic works, protected subject matter
duration, post mortem term
international agreements, Berne Convention
music, protected subject matter
public performance
royalty/royalties
translation, protection of
translation, right of

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).




Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK