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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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187
b) from the point of view of a publishing right, which
was often tied to the aforementioned privilege. In this consideration the
interests of the publishers were uppermost and their publishing
right was to be safeguarded. However, this was a most unsatisfactory approach
because it failed to take into account that the authorised publisher and
the unauthorised reprinter have a different right only by virtue of
their different relationship to the author, and that a monopoly granted
to the former without consideration for the author, merely for the sake
of the priority of the commercial enterprise, lacks any proper foundation.
c) the point of view of intellectual or literary ownership,
which is championed above all by writers, but is of no use juristically.
For common parlance, which calls a person’s control over his nerves,
his hands, or his thoughts, ownership and applies this term to anything
which belongs to the person and is peculiar to him, certainly
makes sense, but it simply covers too many different kinds of circumstances
for it to be used in civil law. For jurisprudence
_____________________
[5) cont.] “The right of property is guaranteed to the author and his widow
during their lifetimes, if the matrimonial circumstances of the latter
entitle her to this right, and to their children for twenty years.” Art. 40:
“Authors, whether they be French citizens or foreigners, may cede their right
to a printer or publisher, or to any other person, who is then substituted
in their place, for them and their legal successors, in all that is stated
in the preceding article.”
6) English law of 1814, Art. 4: “The author of a book and his proxies have
for the duration of 28
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
b) from the point of view of a publishing right, which
was often tied to the aforementioned privilege. In this consideration the
interests of the publishers were uppermost and their publishing
right was to be safeguarded. However, this was a most unsatisfactory approach
because it failed to take into account that the authorised publisher and
the unauthorised reprinter have a different right only by virtue of
their different relationship to the author, and that a monopoly granted
to the former without consideration for the author, merely for the sake
of the priority of the commercial enterprise, lacks any proper foundation.
c) the point of view of intellectual or literary ownership,
which is championed above all by writers, but is of no use juristically.
For common parlance, which calls a person’s control over his nerves,
his hands, or his thoughts, ownership and applies this term to anything
which belongs to the person and is peculiar to him, certainly
makes sense, but it simply covers too many different kinds of circumstances
for it to be used in civil law. For jurisprudence
_____________________
[5) cont.] “The right of property is guaranteed to the author and his widow
during their lifetimes, if the matrimonial circumstances of the latter
entitle her to this right, and to their children for twenty years.” Art. 40:
“Authors, whether they be French citizens or foreigners, may cede their right
to a printer or publisher, or to any other person, who is then substituted
in their place, for them and their legal successors, in all that is stated
in the preceding article.”
6) English law of 1814, Art. 4: “The author of a book and his proxies have
for the duration of 28
No Transcription available.