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Bilateral treaty between the German Reich and the U.S.A., (1892)

Source:
Private Collection. The original publication in the Reichsgesetzblatt 1892 will soon be available online at http://alex.onb.ac.at/gesetze_drab_fs.htm

Citation:
Bilateral treaty between the German Reich and the U.S.A. (1892), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
d_1892

Full title
Agreement of 15 January 1892 between the German Reich and the United States of America on the mutual protection of author's rights. German version as published in Robert Voigtländer and Theodor Fuchs, "Die Gesetze betreffend das Urheberrecht und das Verlagsrecht an Werken der Literatur und der Tonkunst" (Leipzig: Roßberg 1914)

Full title original language
Übereinkommens vom 15. Januar 1892 über den gegenseitigen Schutz der Urheberrechte. German version as published in Robert Voigtländer and Theodor Fuchs, "Die Gesetze betreffend das Urheberrecht und das Verlagsrecht an Werken der Literatur und der Tonkunst" (Leipzig: Roßberg 1914)

Abstract
Apart from the 1876 Industrial Designs Copyright Act for the German Empire (d_1876), which after multiple amendments is still in force, the Copyright Treaty of 1892 between the German Empire and the U.S.A. is the only piece of nineteenth-century legislation for the German-speaking lands that is still in force in its original form. The first bilateral agreements signed by the United States as a result of the International Copyright Act of 1891 (the Chace Act: us_1891a) were with Belgium, France, the British possessions, Switzerland, the German Empire and Italy in 1891 and 1892. These treaties did not implement the 'rule of the shorter term' that had been agreed on in the Berne Convention, but agreed, rather, on a strict 'national treatment': i.e. where a country must grant the citizens of signatory state(s) the same rights as it grants to its own citizens. Even though the USA eventually did accede to the Berne Convention, the treaty with Germany of 1892 is still in force and has been applied to contemporary cases.

Bibliography
Goldstein, Paul, "International Copyright: Principles, Law, and Practice" (Oxford: Oxford U.P., 2001)
Nordemann, Wilhelm, "The Term of Protection for Works of U.S.-American Authors in Germany", "Journal of the Copyright Society of the USA" 44, nr 1 (1996): 1-7

Related documents in this database

Author
N/A

Publisher
N/A

Location
N/A

Year
1892

Language
German

Source
Private Collection. The original publication in the Reichsgesetzblatt 1892 will soon be available online at http://alex.onb.ac.at/gesetze_drab_fs.htm

Physical description
N/A

Illustrations tables
N/A

Persons referred to
N/A

Persons referred to in commentary
Keaton, Buster (1895-1966)
Wilson, Bill (1895-1971)

Places referred to
America
Germany

Places referred to in commentary
America
Belgium
England
France
Germany
Italy
Switzerland

Legislation referred to
Germany-U.S.A. Copyright Treaty 1892

Legislation referred to in commentary
Copyright Acts for the German Empire 1876
Berne Convention 1886
U.S. International Copyright Act, 1891 (Chace Act)
Germany-U.S.A. Copyright Treaty 1892
U.S. Copyright Act 1909
Paris Act 1971 (Revision of the Berne Convention)

Cases referred to
N/A

Cases referred to in commentary
White-Smith Music Pub. Co. v. Apollo Co., 209 U.S. 1 (1908)
Alcoholics Anonymous "Big Book" translation case, Frankfurt Provincial Court of Appeal (2003)

Institutions referred to
N/A

Institutions referred to in commentary
Alcoholics Anonymous
German Supreme Court (Bundesgerichtshof, BGH)

Key words
books, protected subject matter
international agreements, Berne Convention
international agreements, bilateral
paintings, protected subject matter
photography, protected subject matter
reciprocity
translations, of contemporary 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).




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