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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]
Translation only | Transcription only | Show all | Bundled images as pdf
maps, indexes etc., do not cause the reprint of a work
or of an extract from it to evade this prohibition on
reprinting;
e) of two given works, bearing identical or different titles,
which deal with the same subject-matter in the same
order and arrangement, the most recently published one is
to be treated as an illegal reprint unless the expansion
or any other alteration of the content which may be
perceived in it is recognised to be so substantial and paramount
that it has to be regarded as a new independent work of
the intellect.
§.5.
On the other hand, the following do not count as reprinting
and are thus allowed:
a) verbatim citation of individual passages from already
published works;
b) the incorporation of individual essays, poems etc.,
borrowed from a larger work, a journal, or any other
periodical publication, into an essentially new and
independent work (especially one of literary criticism
or literary history); or into a selection of extracts
from the works of various writers which has been drawn
up for a specific literary purpose or to be used in
church, in school, or for a teaching purpose in general;
or, finally, into periodical journals and newspapers.
However, the original source must be indicated explicitly,
and the borrowed essay may neither exceed one printed-
sheet of the work from which it has been drawn, nor may
it be distributed as an independent pamphlet. In journals
and other periodical publications, moreover, the total
length of such borrowed articles may not exceed two
printed-sheets in any one year’s set. Those newspapers
which deal mainly just with politics are merely obliged
to state the source from which an article has been
borrowed;
c) the translation of a published literary work, irrespective,
moreover, of its language, except where the holder of
author’s rights (§.1) has explicitly - on the title-page or
in the foreword of the original work - reserved for
himself the right to arrange for its translation in
general or into a specific language. In such a case any
translation brought out within a year of the original
work’s publication, without the consent of the author
or his legal successors, is to be treated as an illegal
reprint. If the author has arranged for his work to be
published simultaneously in various languages, each one
of these editions is treated as an original work. Every
translation published in conformance with the law is to
be protected against reprinting, and where there are
several translations the more recently published one is
to be treated as a reprint if it does not differ from
the earlier one at all or only by some insignificant
modifications;
d) giving a later work a title identical to that of another
author’s work which had been published earlier. However,
where the choice of the same title is not absolutely
necessary or appropriate for describing the subject-
matter treated and where, moreover, it can easily cause
the public to be misled about the identity of the work,
the party injured thereby may be entitled to claim
compensation.
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
maps, indexes etc., do not cause the reprint of a work
or of an extract from it to evade this prohibition on
reprinting;
e) of two given works, bearing identical or different titles,
which deal with the same subject-matter in the same
order and arrangement, the most recently published one is
to be treated as an illegal reprint unless the expansion
or any other alteration of the content which may be
perceived in it is recognised to be so substantial and paramount
that it has to be regarded as a new independent work of
the intellect.
On the other hand, the following do not count as reprinting
and are thus allowed:
a) verbatim citation of individual passages from already
published works;
b) the incorporation of individual essays, poems etc.,
borrowed from a larger work, a journal, or any other
periodical publication, into an essentially new and
independent work (especially one of literary criticism
or literary history); or into a selection of extracts
from the works of various writers which has been drawn
up for a specific literary purpose or to be used in
church, in school, or for a teaching purpose in general;
or, finally, into periodical journals and newspapers.
However, the original source must be indicated explicitly,
and the borrowed essay may neither exceed one printed-
sheet of the work from which it has been drawn, nor may
it be distributed as an independent pamphlet. In journals
and other periodical publications, moreover, the total
length of such borrowed articles may not exceed two
printed-sheets in any one year’s set. Those newspapers
which deal mainly just with politics are merely obliged
to state the source from which an article has been
borrowed;
c) the translation of a published literary work, irrespective,
moreover, of its language, except where the holder of
author’s rights (§.1) has explicitly - on the title-page or
in the foreword of the original work - reserved for
himself the right to arrange for its translation in
general or into a specific language. In such a case any
translation brought out within a year of the original
work’s publication, without the consent of the author
or his legal successors, is to be treated as an illegal
reprint. If the author has arranged for his work to be
published simultaneously in various languages, each one
of these editions is treated as an original work. Every
translation published in conformance with the law is to
be protected against reprinting, and where there are
several translations the more recently published one is
to be treated as a reprint if it does not differ from
the earlier one at all or only by some insignificant
modifications;
d) giving a later work a title identical to that of another
author’s work which had been published earlier. However,
where the choice of the same title is not absolutely
necessary or appropriate for describing the subject-
matter treated and where, moreover, it can easily cause
the public to be misled about the identity of the work,
the party injured thereby may be entitled to claim
compensation.
No Transcription available.