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Austrian Copyright Act (1846)
Source: Scans taken from alex.onb.at with kind permission
Citation:
Austrian Copyright Act (1846), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
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The withdrawal of an action after the investigation has already been
initiated has a legal effect only on the compensation rights of the
plaintiff but not on the investigation itself and any thereof
resulting legal punishment.
§.35
The confiscation of the appropriate objects is to be arranged for
immediately upon request of the plaintiff if the capacity [legal
status] of the author (commissioner, entrepreneur, or publisher) of a
work in the sense of §.1 and, if necessary, the publication date of
the original work have been demonstrated.
For this demonstration any legally valid evidence is acceptable.
In the case of literary works, in particular, the official certificate
issued by the Imperial and Royal Book Inspection Office of the province
in which the work was published, and, in the case of works of art, an
authentic notice of a completed art work published by the newspapers
of the province, or the authentically drafted corroboration by an art
institute which is under supervision of the State, are to be taken as
valid proof.
If the customary press notice advertising a performance is to be
used as evidence of the first performance of a dramatic or musical
work, it must be accompanied by an official certificate from the local
political or police authorities corroborating that the performance
actually took place.
Fifth section.
On the coming into force and scope of this law.
§.36.
The present law comes into force from the day of its promulgation
and applies to all works appearing in conformance with the specified
stipulations, irrespective of the author’s nationality. All earlier
regulations which may run contrary to this law or deviate from it
are abrogated by its coming into force.
§.37.
This law is also to be applied for the benefit of all already
existing and lawfully published original works to the extent that
for ten years from the day of its promulgation it will protect the
literary and artistic property rights to these works insofar these
were not already covered for a longer period by the earlier regulations.
Only a reprint which had already been commenced in a lawful
manner or advertised in advance for subscription before the promulgation
of this law, or a reproduction regarded as equivalent to this, will
not be subject to the stipulations of this law.
§.38.
The protection against reprinting and any other unauthorised
reproduction by mechanical means accorded by the present law is also
No Transcription available.
Source: Scans taken from alex.onb.at with kind permission
Citation:
Austrian Copyright Act (1846), 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
The withdrawal of an action after the investigation has already been
initiated has a legal effect only on the compensation rights of the
plaintiff but not on the investigation itself and any thereof
resulting legal punishment.
The confiscation of the appropriate objects is to be arranged for
immediately upon request of the plaintiff if the capacity [legal
status] of the author (commissioner, entrepreneur, or publisher) of a
work in the sense of §.1 and, if necessary, the publication date of
the original work have been demonstrated.
For this demonstration any legally valid evidence is acceptable.
In the case of literary works, in particular, the official certificate
issued by the Imperial and Royal Book Inspection Office of the province
in which the work was published, and, in the case of works of art, an
authentic notice of a completed art work published by the newspapers
of the province, or the authentically drafted corroboration by an art
institute which is under supervision of the State, are to be taken as
valid proof.
If the customary press notice advertising a performance is to be
used as evidence of the first performance of a dramatic or musical
work, it must be accompanied by an official certificate from the local
political or police authorities corroborating that the performance
actually took place.
The present law comes into force from the day of its promulgation
and applies to all works appearing in conformance with the specified
stipulations, irrespective of the author’s nationality. All earlier
regulations which may run contrary to this law or deviate from it
are abrogated by its coming into force.
This law is also to be applied for the benefit of all already
existing and lawfully published original works to the extent that
for ten years from the day of its promulgation it will protect the
literary and artistic property rights to these works insofar these
were not already covered for a longer period by the earlier regulations.
Only a reprint which had already been commenced in a lawful
manner or advertised in advance for subscription before the promulgation
of this law, or a reproduction regarded as equivalent to this, will
not be subject to the stipulations of this law.
The protection against reprinting and any other unauthorised
reproduction by mechanical means accorded by the present law is also
No Transcription available.