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Amended music publishers' agreement against piracy, Leipzig (1830)
Source: Sächsisches Staatsarchiv Leipzig
Citation:
Amended music publishers' agreement against piracy, Leipzig (1830), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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3 translated pages
Chapter 1 Page 1
At the conference which was held today, the undersigned have
decided to append the following additional clauses to the Convention of
23rd May 1829 - which, incidentally, is to remain valid in all its
entirety - in order to strengthen the agreement even more and to
define it in more detail. After thorough consideration they have
therefore determined that:
§ 1.
Leipzig will be the headquarters of the Union Against
Piracy: the music publishing firms which are based in this city,
namely Messrs Breitkopf & Härtel, Wilhelm Härtel, Hofmeister, Peters
and Probst, together with Messrs Schott in Mainz and Mr Haslinger in
Vienna (the latter provided that all of Vienna’s music publishers
join the Union), are to form a Committee which will represent
the Union, discuss the matters which come up, and take the
necessary measures.
§ 2.
Mr Hofmeister has been chosen as the Secretary of this Committee.
He will take care of correspondence, and is hereby authorized to
represent the Union in judicial proceedings and in all other
affairs, namely to collect the stipulated fines for and in the name
of the Union, and in general to take all measures that are
necessary to achieve its purpose, exactly as if he had the fullest
possible power of attorney which is herewith delegated to him. In all
this, however, he must act in exact accordance with the resolutions
of the Leipzig Committee and, at the annual meeting, must submit to
the Union an account of the funds of which he is treasurer and
of the business he has conducted on its behalf.
§ 3.
The 50 louis-d’or fine which was stipulated in the Convention of
23rd May 1829 is to be paid not into the poor-box of the violator’s
place of residence, as it says there, but, rather, into the Union’s
treasury, i.e. to the Secretary who will collect the fine on behalf of
the Union.
Chapter 1 Page 2
The injured party, however, still retains the right
to claim indemnification from the offender.
§ 4.
The undersigned commit themselves to pay, via the Secretary, an
annual contribution of 2 thaler (Prussian rate) to the Union’s
treasury, and resolve that these will be used to achieve the aims of the
Union and to cover the expenses which might be incurred when
collecting fines.
§ 5.
The melody is recognized to be the publisher’s exclusive property,
and any arrangement which reproduces the composer’s tune and depends
solely on mechanical adaptation, is to be regarded as [unauthorized]
reprinting subject to the fine of 50 louis-d’or, to whose payment
into the Union’s treasury or to its Secretary the undersigned have
mutually bound themselves. On the other hand, variations, fantasias,
marches, dances, pot-pourris etc. based on others’ melodies, which
demand mental activity and creative power, are to be regarded as
independent works. In cases of doubt the Leipzig Committee will decide
whether an arrangement is to be seen as intellectual property.
§ 6.
A publisher’s copyright to musical works may not be divided more
than three times, that is, for England, France, and Germany (by which
the Austrian Empire and all other countries - even those outside
Germany whose names are not given - are to be understood). The
undersigned therefore commit themselves to only buy works from a
composer [when they make it clear to him or her, and to the public]
that their copyright is for all Germany, in the wider sense just
mentioned. They reserve, however, the right to collaboration with
other members of the Union so as to ensure wider distribution
of a particular work, as long as in such cases the names of all
publishing firms involved appear on the title-page.
§ 7.
Reprints carried out after 23rd May 1829 of works which belong
to members of the Union, may not be sold, on pain of a fine of
twelve times the retail price of the sold copies, which is to be paid
into the Union’s treasury as agreed mutually. But since frequent
reprinting occurs in France, England, and other countries which are
not members of the Union, it is stipulated that such reprints,
whether issued before or after 23rd May 1829, may not be sold [in
Germany] on pain of the same fine.
§ 8.
A Registry Office will, moreover, be set up at the
Committee’s headquarters in Leipzig, and the Secretary of the
Union will maintain
Chapter 1 Page 3
a register of the copies sent by the original publishers of works
which are their lawful copyright, keep them in an archive, and
draw up a list of these works every month which he will send out
to all members of the Union so that each member can find out
what new works there are. After a year has passed, the copies are
to be sent back to the original publishers.
§ 9.
Falsification of the title, publisher’s and composer’s name
is forbidden on pain of a fine of 50 louis-d’or which is to be paid
into the Union's treasury, and to the fulfilment of which the
undersigned are mutually bound. Those who, from now on, sell works
without indicating the title or the publisher’s name, must pay into
the Union's treasury a fine equal to twenty-five times the retail
price of each copy sold.
§ 10.
Since the undersigned are unanimous in fully accepting this
mutually binding contract’s legal force on all the above points, and
in recognizing the Secretary of the Union as the person who
is authorized, in cases of infringement, to call them to account,
without any interference from individual members, they also agree
to abstain from making any excuses or objections against this - in
particular, [such notions as] free market, limitation, and anything
else that might be invented - and to this effect they have put their
own hand and seal to this agreement.
Done at Leipzig, 12th May 1830
Friedrich Hofmeister
On behalf of Breitkopf & Härtel: F. Härtel
Wilhelm Härtel
On behalf of Joh. André: Anton André
C.F. Peters of Leipzig
H.A. Probst from Offenbach
H. Simrock from Bonn
C.F Hartmann from Wolfenbüttel
C.C. Lose
on behalf of N. Simrock: Fels
G.M. Meyer from Braunschweig
Schuberth & Niemeyer
Cosmar & Krause from Berlin
Fr. Laue from Berlin
Fr. Ph. Dunst from Frankfurt on Main
on behalf of Joh. Peter Spehr from Braunschweig (Gustav Spehr)
Sons of B. Schott of Mainz
Original signatures
Translation by: Luis A. Sundkvist
Source: Sächsisches Staatsarchiv Leipzig
Citation:
Amended music publishers' agreement against piracy, Leipzig (1830), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
3 translated pages
Chapter 1 Page 1
At the conference which was held today, the undersigned have
decided to append the following additional clauses to the Convention of
23rd May 1829 - which, incidentally, is to remain valid in all its
entirety - in order to strengthen the agreement even more and to
define it in more detail. After thorough consideration they have
therefore determined that:
Leipzig will be the headquarters of the Union Against
Piracy: the music publishing firms which are based in this city,
namely Messrs Breitkopf & Härtel, Wilhelm Härtel, Hofmeister, Peters
and Probst, together with Messrs Schott in Mainz and Mr Haslinger in
Vienna (the latter provided that all of Vienna’s music publishers
join the Union), are to form a Committee which will represent
the Union, discuss the matters which come up, and take the
necessary measures.
Mr Hofmeister has been chosen as the Secretary of this Committee.
He will take care of correspondence, and is hereby authorized to
represent the Union in judicial proceedings and in all other
affairs, namely to collect the stipulated fines for and in the name
of the Union, and in general to take all measures that are
necessary to achieve its purpose, exactly as if he had the fullest
possible power of attorney which is herewith delegated to him. In all
this, however, he must act in exact accordance with the resolutions
of the Leipzig Committee and, at the annual meeting, must submit to
the Union an account of the funds of which he is treasurer and
of the business he has conducted on its behalf.
The 50 louis-d’or fine which was stipulated in the Convention of
23rd May 1829 is to be paid not into the poor-box of the violator’s
place of residence, as it says there, but, rather, into the Union’s
treasury, i.e. to the Secretary who will collect the fine on behalf of
the Union.
Chapter 1 Page 2
The injured party, however, still retains the right
to claim indemnification from the offender.
The undersigned commit themselves to pay, via the Secretary, an
annual contribution of 2 thaler (Prussian rate) to the Union’s
treasury, and resolve that these will be used to achieve the aims of the
Union and to cover the expenses which might be incurred when
collecting fines.
The melody is recognized to be the publisher’s exclusive property,
and any arrangement which reproduces the composer’s tune and depends
solely on mechanical adaptation, is to be regarded as [unauthorized]
reprinting subject to the fine of 50 louis-d’or, to whose payment
into the Union’s treasury or to its Secretary the undersigned have
mutually bound themselves. On the other hand, variations, fantasias,
marches, dances, pot-pourris etc. based on others’ melodies, which
demand mental activity and creative power, are to be regarded as
independent works. In cases of doubt the Leipzig Committee will decide
whether an arrangement is to be seen as intellectual property.
A publisher’s copyright to musical works may not be divided more
than three times, that is, for England, France, and Germany (by which
the Austrian Empire and all other countries - even those outside
Germany whose names are not given - are to be understood). The
undersigned therefore commit themselves to only buy works from a
composer [when they make it clear to him or her, and to the public]
that their copyright is for all Germany, in the wider sense just
mentioned. They reserve, however, the right to collaboration with
other members of the Union so as to ensure wider distribution
of a particular work, as long as in such cases the names of all
publishing firms involved appear on the title-page.
Reprints carried out after 23rd May 1829 of works which belong
to members of the Union, may not be sold, on pain of a fine of
twelve times the retail price of the sold copies, which is to be paid
into the Union’s treasury as agreed mutually. But since frequent
reprinting occurs in France, England, and other countries which are
not members of the Union, it is stipulated that such reprints,
whether issued before or after 23rd May 1829, may not be sold [in
Germany] on pain of the same fine.
A Registry Office will, moreover, be set up at the
Committee’s headquarters in Leipzig, and the Secretary of the
Union will maintain
Chapter 1 Page 3
a register of the copies sent by the original publishers of works
which are their lawful copyright, keep them in an archive, and
draw up a list of these works every month which he will send out
to all members of the Union so that each member can find out
what new works there are. After a year has passed, the copies are
to be sent back to the original publishers.
Falsification of the title, publisher’s and composer’s name
is forbidden on pain of a fine of 50 louis-d’or which is to be paid
into the Union's treasury, and to the fulfilment of which the
undersigned are mutually bound. Those who, from now on, sell works
without indicating the title or the publisher’s name, must pay into
the Union's treasury a fine equal to twenty-five times the retail
price of each copy sold.
Since the undersigned are unanimous in fully accepting this
mutually binding contract’s legal force on all the above points, and
in recognizing the Secretary of the Union as the person who
is authorized, in cases of infringement, to call them to account,
without any interference from individual members, they also agree
to abstain from making any excuses or objections against this - in
particular, [such notions as] free market, limitation, and anything
else that might be invented - and to this effect they have put their
own hand and seal to this agreement.
Done at Leipzig, 12th May 1830
Friedrich Hofmeister
On behalf of Breitkopf & Härtel: F. Härtel
Wilhelm Härtel
On behalf of Joh. André: Anton André
C.F. Peters of Leipzig
H.A. Probst from Offenbach
H. Simrock from Bonn
C.F Hartmann from Wolfenbüttel
C.C. Lose
on behalf of N. Simrock: Fels
G.M. Meyer from Braunschweig
Schuberth & Niemeyer
Cosmar & Krause from Berlin
Fr. Laue from Berlin
Fr. Ph. Dunst from Frankfurt on Main
on behalf of Joh. Peter Spehr from Braunschweig (Gustav Spehr)
Sons of B. Schott of Mainz
Original signatures
Translation by: Luis A. Sundkvist