# Primary Sources on Copyright - Record Viewer
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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      The second aspect, that is, the author’s intellectual interest
does not fall into the sphere of law,* but rather into that of
morality and the intellectual significance (of his work). For it
is not the the internal or individual interests and intentions of
the author which publishing right is meant to protect. The law is
indifferent to such subjective considerations and to include them
in a juristic treatment (of the matter) would only confuse things.
      It is true that some, Bluntschli for example,** consider the
author’s personal, esp. literary, interest and the artist's honour***
to be a necessary principle in the protection of rights.****
Nevertheless, the realm to which publishing right is applicable is
not that of the mind, but, rather, the sphere of material circulation.
It is not from his ideas, which he was the first to think of, develop,
and express, that an author wishes to exclude others, for ideas by
their very nature are not subject to legal control. Once they have
been brought into literary circulation, they immediately become
common property and elements from which new works of the intellect
can arise. It is not this intellectual circulation which

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*
** Bluntschli 1853
*** Bluntschli 1853
**** Bluntschli 1853

    

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