Bluntschli: On Authors' Rights, Munich (1853)

Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte.

Bluntschli: On Authors' Rights, Munich (1853), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer,

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            Chapter 1 Page 33 of 33 total


discretion. When deciding on this, the instruction given by the federal
directive of 1845, Art. 5, that the amount of compensation to be paid can
be as high as the sales value (by which is meant not the shop price, but,
rather, the sales price paid by the booksellers) of 1000 copies of the
original work (the size of a standard edition), is to be regarded as
authoritative to the extent that in the usual cases of unauthorised
reprinting of a whole work the damage caused is indeed as great as this.
The above standard will, therefore, only need to be lowered or raised
where special reasons apply.
      10. The destruction of the unauthorised copies (or handing them over
to the injured party as an interim payment of damages) is, again,
essentially a civil law consequence of the violation whose result is to
restore the legal status.
      11. In contrast, the fine which is imposed for unauthorised
reprinting is a criminal law consequence.*


[11) cont.] of between 50 to 1000 copies (depending on the circumstances)
of the authorised edition, insofar as the rights’ holder cannot prove that
the damage caused was greater.” §. 12: “The confiscated copies of the
unauthorised edition are to be destroyed or handed over to the injured
party if he so wishes. In the latter case, however, the injured party
must accept that the offender’s expenses in producing these copies are
to be deducted from the total amount of compensation he has to pay.”


No Transcription available.

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