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Bluntschli: On Authors' Rights, Munich (1853)
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte.
Citation:
Bluntschli: On Authors' Rights, Munich (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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186
rights if they weren’t protected by special privileges or explicit
laws. Eventually, legislation took these rights in hand,
although the recognition and protection which it gave to them at
first was by no means perfect. With time, though, it attained a greater
degree of perfection in this. Nowadays author’s rights are
among the universally recognized human rights.
2. Now that author’s rights have been confirmed and classified as
a universal right by legislation, and are recognized
by jurisprudence, it is possible to distinguish four stages in the
history of their development:
a) [considering them] from the point of view of a privilege.
Whilst the latter had before been conferred in individual cases, it was
now granted universally. However, the form of a preferential
concession and a special right was nevertheless
retained, even though what was actually being protected was a universal
right. That is, the need for protection of these rights was felt, but
there was no understanding as yet of their nature.
_________________________
[3) cont.] and published? And is he entitled to sue anyone who prints,
publishes, and sells his work without his authorisation? Nine Lords
answered in the affirmative, one in the negative.”
4) Prussian State Law, I. 11. §. 996: “The publishing right is the
authorisation to reproduce a written work by printing and to sell it
exclusively.” §.998: “As a rule a book publisher can only acquire a
publishing right by entering into a written contract thereon with the
author.”
5) Napoleonic directive of 3 February 1810, Art. 39:
No Transcription available.
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte.
Citation:
Bluntschli: On Authors' Rights, Munich (1853), 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
rights if they weren’t protected by special privileges or explicit
laws. Eventually, legislation took these rights in hand,
although the recognition and protection which it gave to them at
first was by no means perfect. With time, though, it attained a greater
degree of perfection in this. Nowadays author’s rights are
among the universally recognized human rights.
2. Now that author’s rights have been confirmed and classified as
a universal right by legislation, and are recognized
by jurisprudence, it is possible to distinguish four stages in the
history of their development:
a) [considering them] from the point of view of a privilege.
Whilst the latter had before been conferred in individual cases, it was
now granted universally. However, the form of a preferential
concession and a special right was nevertheless
retained, even though what was actually being protected was a universal
right. That is, the need for protection of these rights was felt, but
there was no understanding as yet of their nature.
_________________________
[3) cont.] and published? And is he entitled to sue anyone who prints,
publishes, and sells his work without his authorisation? Nine Lords
answered in the affirmative, one in the negative.”
4) Prussian State Law, I. 11. §. 996: “The publishing right is the
authorisation to reproduce a written work by printing and to sell it
exclusively.” §.998: “As a rule a book publisher can only acquire a
publishing right by entering into a written contract thereon with the
author.”
5) Napoleonic directive of 3 February 1810, Art. 39:
No Transcription available.