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Wächter: 'Publishing Right', Stuttgart (1857)
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte
Citation:
Wächter: 'Publishing Right', Stuttgart (1857), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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92
were to be the reason for seeking to forbid the violation of
publishing right, then such divulgations which do not actually
involve reprinting, as, for example, disclosing the author’s
opinions or even maliciously distorting the sense of his words,
would have to be treated as violation of authorial rights,* since
in this way the individual can find himself injured to a far
greater extent than by unauthorised word-by-word reproduction of
his work. On the other hand, it is unconceivable how mere reprinting
can damage the author’s reputation** as such. The greatest possible
reproduction and diffusion of an author’s work can only work in
favour of his reputation, and reprinting does after all indicate
that the special value and relevance of his work have been recognized.
If, however, it is reasons of reputation or any other highly
personal considerations which compel an author to adopt the legal
means of redress which the law provides him with against encroachment
on his property rights, this does not alter the nature and principle
of such legal protection. For the legal means of redress called for
in case of violation of the property rights of the publishing right
holder, does not change in content or legal character just because
the holder sees in it a means of achieving other ultimate aims.***
__________________
* Ritter 1846.
**
*** Wächter, Handbook of Civil Law.
No Transcription available.
Source: Scanned from a copy held in the Frankfurt Max-Planck-Institut für Europäische Rechtsgeschichte
Citation:
Wächter: 'Publishing Right', Stuttgart (1857), 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
were to be the reason for seeking to forbid the violation of
publishing right, then such divulgations which do not actually
involve reprinting, as, for example, disclosing the author’s
opinions or even maliciously distorting the sense of his words,
would have to be treated as violation of authorial rights,* since
in this way the individual can find himself injured to a far
greater extent than by unauthorised word-by-word reproduction of
his work. On the other hand, it is unconceivable how mere reprinting
can damage the author’s reputation** as such. The greatest possible
reproduction and diffusion of an author’s work can only work in
favour of his reputation, and reprinting does after all indicate
that the special value and relevance of his work have been recognized.
If, however, it is reasons of reputation or any other highly
personal considerations which compel an author to adopt the legal
means of redress which the law provides him with against encroachment
on his property rights, this does not alter the nature and principle
of such legal protection. For the legal means of redress called for
in case of violation of the property rights of the publishing right
holder, does not change in content or legal character just because
the holder sees in it a means of achieving other ultimate aims.***
__________________
* Ritter 1846.
**
*** Wächter, Handbook of Civil Law.
No Transcription available.