# Primary Sources on Copyright - Record Viewer
50 Prussian Expert Opinions from 1870-1876, Leipzig (1891)

Source: Private Collection

Citation:
50 Prussian Expert Opinions from 1870-1876, Leipzig (1891), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
11 translated pages
Chapter 1 Page 2


PREFACE


      This book was originally planned as an anniversary gift.
In 1888, the Royal Prussian Association of Literary Experts
could look back on fifty years of activities, and the book
was to some extent intended as a public report on the
achievements of the Experts' Association over those first
fifty years of its existence. For it was to contain all
reports that, in accordance with the Imperial Law of 11
June 1870, had been submitted on demand of the judicial
authorities.
      However, this plan could not be realised. First of all,
there were various external reasons which made it impossible
to prepare the work in time for the date of the anniversary.
Apart from that, though, inclusion of all the reports would
have made the book too large. Moreover, amongst these reports
there were also a number which would not have been of general
interest, since they merely involved a technical comparison
of the works in question, without raising any more profound
issues relevant to the book trade and literary production.
      In view of these considerations, the only feasible option
that remained was to make a narrower selection from the copious
amount of submitted reports and to limit their publication to


Chapter 1 Page 3

those cases which were deemed to be especially important
and instructive for the interpretation and understanding
of the Law on Reprinting, as well as for assessing any
questions raised by the latter.
      The book contains 50 reports, which were submitted
between 1874 and 1889, and in its external and internal
layout it follows on from the collections of reports
by the Association of Literary Experts which have already
been published.* As with these earlier collections, the
reports have on the whole been reproduced word-for-word,
apart from editorial modifications. It is only the specific
textual comparisons of the works in question and other
similar long explanatory passages, which would not be of
interest to readers, that in most cases have been omitted
because of restrictions of space: the large passages that
have been left out accordingly are indicated by dots in
this publication.** On the other hand, included in the
notes are also those rulings and literary works which were
not enacted or published until the relevant reports had
been submitted. The reports submitted by the Experts'
Association have for a long time been structured in a way
similar to judicial rulings: namely, with the tenor coming
first and then followed by the exposition. For the sake of
readability, however, the reports as published in this
book do not necessarily start with the tenor: rather,
the latter is merged into the exposition.
      The officials responsible for ecclesiastical matters,

_______

* Heydemann and Dambach, "Prussian Legislation on Reprinting,
explained by reference to the activities of the Royal
Association of Literary Experts"

(Berlin 1888). Dambach, "Reports of the Royal Prussian
Association of Literary Experts, concerning reprinting and
copying issues during the years 1864-1873" (Leipzig 1874).

** Heydemann and Dambach, op. cit., p.v.

Chapter 1 Page 4

as well as those responsible for the administration of justice,
have (as was the case with the abovementioned earlier
collections) not only most obligingly given their consent to
the publication of the reports, but also made the court records
available, so that it was possible to include with every
report the outcome of the civil or criminal proceedings in
each case. On this occasion, however, this consent was given
on the condition that the names of the parties and publishers
were not to be given in full, but just indicated by the
initial letters. As a result of this procedure, which is also
observed by the Imperial Court when it publishes its rulings,
the reports may perhaps lose their vitality and freshness for
the reader, but, as far as the intrinsic value of these
reports is concerned, this aspect is of no consequence
whatsoever.
      The first section of the Introduction provides a brief
historical survey of how the Experts' Associations generally
came into being. The second section shows how the Literary
Experts' Association is organised. The fourth section deals
with the area of responsibility and activity of the
Association. Finally, the fourth section discusses the
principles which the Association observes when drawing up its
reports and interpreting the law. This final section follows
closely (and to some extent, literally) the Introduction to
the 1874 collection of reports. It goes without saying that
permission to make use of this Introduction has been
requested and obtained from the publishers of the earlier
and present collections.
      It is with due satisfaction that the Experts'
Association can emphasise how the public prosecutor's offices
and courts have in ALL cases (insofar as the action was not



Chapter 1 Page 5

withdrawn, and perhaps with the exception of Report No. 2)
agreed with the arguments put forward by the Association.

      May the reports which are reproduced in this book
serve as a further confirmation of how the Prussian
Association of Literary Experts has faithfully,
conscientiously and successfully carried out the task
with which it is entrusted by the legislature! May it
also be said of this collection what Beseler* claimed for
the earlier collection (of 1863): that it is
indispensable for theory and practice.

            Berlin, December 1890

                  Dambach.


_______

* Beseler, "The System of German General Civil Law" (4th
ed. 1885), p.955.

Chapter 1 Page 6

TABLE OF CONTENTS

                                                                                    Page

Introduction...........................................................xv

                              Section 1

Reports which are principally concerned with the subjective
right of authors and publishers.

Nr. 1      Report of 19 April 1883. Scope of copyright.
            The permitted use of a work on stenography. Area
            of competence of the Experts' Association.....................1

Nr. 2      Report of 17 July 1875. Reprinting by the author to the
            detriment of the publisher by arranging for a new
            edition to come out. Original print run and subsequent
            editions. Reprinter acting in good faith......................6

Nr. 3      Report of 8 April 1885. Reprinting by the author to the
            detriment of his publisher. Reprinting of a dictionary.
            The inclusion of smaller works in a larger one.
            Negligence on the part of the reprinter.......................17

Nr. 4      Report of 31 December 1887. Reprinting by the author to
            the detriment of his publisher. Reprinting of laws and
            ordinances. Copyright and the author's activities.
            Limitation. [Repeated offences?]..............................23

Nr. 5       Report of 28 December 1881. Partial reprint of a
            biography. Copyright of the "commissioner" of a work.
            Competing works are allowed. Concealed reprinting.
            Indication of the source(s). Reproduction of
            illustrations.................................................29

Nr. 6      Report of 16 March 1885. Reprinting of an arithmetic
            book. Copyright to a manuscript. When the method of
            teaching is the same. Permitted use of an arithmetic
            book..........................................................37

Nr. 7      Report of 19 May 1885. Copyright to review copies.
            Reprinting of opera librettos. Transfer of authorship
            by legacy. Failure to indicate sources........................44

Chapter 1 Page 7


Section 2


Reports which are principally concerned with the object
of legal protection.

Nr. 8      Report of 5 January 1884. Entitlement to protection
            and reprinting of a text-book for a course. Transfer
            of authorship by legacy..................................54

Nr. 9      Report of 14 April 1882. Entitlement to protection of
            compilations. Permitted use of an "information book".....60

Nr. 10      Report of 24 April 1883. Entitlement to protection of
            official works. Concept of "official issues".
            Reprinting of a museum catalogue.........................70

Nr. 11      Report of 23 February 1885. Entitlement to protection
            of official works. The reprinter and the offender
            acting in good faith. Confiscation of the reprint
            copies...................................................78

Nr. 12      Report of 1 May 1882. Entitlement to protection and
            reprinting of a register. Inclusion of a smaller work
            by someone else in a larger work.........................87

Nr. 13      Report of 22 May 1881. Reprinting of a commercial
            instruction. Deliberate intent and negligence on the
            part of the reprinter. An excusable mistake..............96

Nr. 14      Report of 12 July 1884. Entitlement to protection and
            reprinting of a song. Quantitative proportion of the
            text that has been 'borrowed'............................104

Nr. 15      Report of 15 March 1888. Entitlement to protection and
            reprinting of a commercial brochure......................111

Nr. 16      Report of 18 August 1887. Entitlement to protection of
            price lists. Fine to be paid.............................116

Nr. 17      Report of 18 August 1887. Entitlement to protection of
            catalogues, price lists etc. Illustrations in
            catalogues...............................................123

Nr. 18      Report of 13 April 1881. Entitlement to protection of
            an instruction book for learning calligraphy.
            Reprinting of model exercise-books.......................130

Nr. 19      Report of 29 December 1881. Entitlement to protection
            and reprinting of collection lists. Concept of a
            literary work. Permitted use of someone else's book.
            Quantitative proportion of the borrowed text.............136

Chapter 1 Page 8

Nr. 20      Report of 24 August 1887. Entitlement to protection
            of newspaper articles. Concept of a 'novella' as a
            literary work...........................................142

Nr. 21      Report of 11 March 1883. Permitted reprint of a
            newspaper article. Protest by the author. Concept of
            a "scholarly adaptation"................................149

Nr. 22      Report of 17 April 1889. Permitted reprint of a
            newspaper article. Concept of "scholarly elaboration"...155

Nr. 23      Report of 27 December 1883. Reprinting of an article
            from a magazine. Concept of "scholarly elaborations"
            and of "collections for an original literary purpose"...159

Nr. 24      Report of 6 February 1875. Entitlement to protection
            and reprinting of an academic lecture. Bequeathing
            the copyright...........................................167

Nr. 25      Report of 1 February 1886. Entitlement to protection
            for pantomimes and ballets against unauthorised
            performances............................................174

Nr. 26      Report of 1 February 1883. Entitlement to protection
            and reprinting of technical drawings. Protection of
            designs. Inclusion of separate illustrations in a
            literary work...........................................183

Nr. 27      Report of 30 July 1888. Entitlement to protection of
            commercial illustrations. Protection of designs.........192

Nr. 28      Report of 5 July 1886. Entitlement to protection of
            a commercial drawing....................................196

Section 3


Reports which are principally concerned with violation of the
copyright and compensation.

Nr. 29      Report of 31 December 1879. Entitlement to protection
            and reprinting of a calender. Excusable mistake by
            the reprinter. Amount of the fine to be paid............201

Nr. 30      Report of 20 December 1886. Partial reprint of a
            book on road-works......................................214

Nr. 31      Report of 2 January 1884. Reprint of a table. Literary
            value of the work in question...........................218

Chapter 1 Page 9

Nr. 32      Report of 6 January 1885. Partial reprint of a novel.
            Boundary between the permitted and the illicit use
            of someone else's work. Quantitative proportion of
            the text borrowed from the original. Fine to be
            paid.....................................................224

Nr. 33      Report of 8 December 1882. Reprint of a manual for
            dressmaking. Reprinting of technical drawings. Legal
            proceedings. Limitation. Amount of compensation to be
            paid.....................................................234

Nr. 34      Report of 17 August 1887. Reprint of two novellas
            from one newspaper in another newspaper. Compensation
            for reprinting...........................................244

Nr. 35      Report of 18 December 1874. Reprint of a book made up
            of official texts. Reprinting of the title. Competence
            of the Experts' Association in this matter...............247

Nr. 36      Report of 7 May 1875. A further report on the above
            matter. Reprinting of a compilation. Reprinter acting
            in good faith. Amount of compensation and fine to be
            paid.....................................................254

Nr. 37      Report of 27 October 1887. Reprint of "Der Struwwel-
            peter". Reprinting of a book's title. Reproduction
            of illustrations.........................................259

Nr. 38      Report of 1 April 1882. Permitted use of the 'idea'
            and 'method' of a work. Entitlement to protection.
            Declaration of books which are to be published. When
            the titles are the same..................................267

Nr. 39      Report of 5 July 1886. Permitted use of a primer.
            Quantitative proportion of the borrowed text. Failure
            to indicate sources. Responsibility of the publisher.....272

Nr. 40      Report of 5 May 1887. Permitted use of an arithmetic
            book. Failure to indicate sources........................280

Nr. 41      Report of 20 February 1884. Permitted reproduction of
            an article from a newspaper. Quantitative proportion of
            the text reproduced. Failure to indicate source..........285

Nr. 42      Report of 21 December 1886. Alleged reprinting of a
            book on the use of formal titles.........................293

Nr. 43      Report of 8 April 1882. Use of a story to compose a
            play.....................................................297

Nr. 44      Report of 16 July 1884. Use of a narrative poem to
            compose a play. Quantitative proportion of the text
            borrowed.................................................306



Chapter 1 Page 10

Nr. 45      Report of 9 March 1886. Unauthorised printing of an
            oral presentation. Reprinting of the minutes of a
            meeting. Entitlement to institute legal proceedings....316

Nr. 46      Report of 3 January 1885. Alleged unauthorised
            performance of a play. Competence of the Experts'
            Association in this matter.............................323

Nr. 47      Report of 20 July 1885. Staging of a musical farce.
            Permission for performances. Payment of a royalty......330

Nr. 48      Report of 25 November 1886. Partial reprint of a map.
            Permitted inclusion of illustrations in a literary
            work...................................................334

Nr. 49      Report of 17 January 1879. Reprint of a street map.
            Amount of the compensation and fine to be paid.........342

Nr. 50      Report of 15 February 1887. Alleged reprint of a map.
            Modified scale.........................................349


Chapter 1 Page 355

Index
Numbers are related to pages. [Roman numbers are related to the Introduction

d_1891_im_1_12- d_1891_im_1_46]




[left column]



A


Pictures, categories XXXVII, 189

- included in literary work 192, 334

- industrial XXXVII 189, 193, 196, 234
- reprinting of 35, 191, 193, 196, 234

- Copyright in pictures in catalogues XXXIV, 118, 123
Aesthetic [artistic] pictures XXXVII, 189
Academic lectures XXXVI, 167
archival public files XXXIV, 85
Almanacs 201

Official Decrees XXXV, 70, 78

Quotations XLI, 20, 94, 233, 278, 283, 315
Public Performances,
- Ballets XXXVIII, 174
- dramatic works XXXVIII, 174, 323

- sung farce [comedy] 330

Edition, concept of XXIX, 13

- new 6

Inclusion of pictures in literary
works 192, 334

- of smaller parts of a work XLI, 20, 34, 94, 111

Revised Edition, concept of XXIX, 13- new 6

- Statistic Almanac [of towns and dates of regular fairs]

Author, see "Urheber" [creator] p. 356 right column



B



Ballets, public performances XXXVIII, 174

Public authority, writings of XXXIV, 74
Instructive pictures XXXVII, 190
197, 241

Adaptation, allowed adaptation of a work, [fair dealing, fair use]
XL, 41, 60, 134, 139,
227, 280Berne Convention 238

Copyright of the principal [work made for hire] XXIX, 30

Letters XXXIII

Fine, see Fine [right column under G]



C



Choreographic works XXXVIII, 179

Citation, see above Quotation "Anführen"

Comic songs [Couplets] 104


D



Dramatic works, novel used as source
material XLI 227, 297, 306

Dramatic works, concept of XXXVIII, 176- unauthorised public performance XXXVIII
323, 330
Misprint as evidence for reprinting
93, 240
E



Confiscation 17, 78, 104, 280

Railway schedule 56,252Compensation XLIII, 211, 243, 245
258, 347

Government decree XXXIV, 23, 70, 83, 252

[right column]



Novella, used as source material for a theater play
XLI 227, 297, 306



F



Negligence XXV, XLII, 16, 22, 85
96, 103, 149, 166, 209, 357
Spelling primer XXXII, 272

Lithograph, confiscation of 17
Formation XXVII, XXVIII, 5, 40
G



Prayer books XXXII

Copyright, subject matter of
XXX, 4, 54
Intellectual activity, creativity [sweat of one's brow] XXVII, 55, 62
72, 138, 282 f.
(see also "Schriftwerke")

Fine XLIV, 116, 123, 174
212, 234, 349

Licence of the author XXXIX, 332
Hymn Books XXXII

Comic songs, unauthorised public performance 330

Advertisement 111, 199

Statutes, reprinting of XXXIV
, 23, 100

Good faith [bona fides] 17, 87, 96, 149, 166
209, 257



H



Editor, copyright of
XXVII

Fee 333



I



Idea, protection of XXXI, 267Picture 35, 265
'Indigenat' of authors [national treatment within the German Reich] 150, 237
Resident authors 150, 237

Operating instuctions, copyright in XXXII, 96

Excusable Error 17, 87, 96
149, 166, 209, 257
Error of Law 87



K



Calendar XXXII, 201Maps XXXVII 334, 342, 349

Catalogues XXXIV 70, 116, 123Catechism XXXII

Cookery book XXXII

Compilations 40, 60, 64Confiscation, see "Einziehung"

Competing works XL, 25, 31, 64, 233
263, 354
Account books XXXII
Railroad timetable XXXII, 54,60
L


Maps XXXVII, 334, 342, 349

Biographies 29

Teaching Methods 41, 267, 276
Encyclopedia 17

Song XXXII, 104

Literary value of a literary work
XXXI, 218
- literary purpose [of compilations] XLI, 165
Lottery lists XXXII, 136



Chapter 1 Page 356

[Index p 2/2 Roman numbers are related to the Introduction d_1891_im_1_12-
d_1891_im_1_46]





[left column]



M



Scale, changing [when reprinting maps] XLII, 338, 349

Manuscript, legal protection of
XXXVII, 37

Method, protection of 41, 267, 276

Museum catalogue XXXIV, 70

Protection of industrial designs XXXVII, 190, 193

N



Reprinting, concept of XXXVIII, 228
238, 263, 283, 290, 321

- totally v. partially XXXIX, 29
101, 112, 215, 218, 224, 239, 277, 334

- of pictures 35, 118, 123, 191, 193, 196, 234

- Reprinting copies, confiscation of 17
78, 104, 280
Novella, reprinting of 244

"novellette products" [Criteria for otherwise unprotected newspaper articles,
Copyright Act 1870 §. 7 Litt. b.] XXXV, 142



O



Opera libretti 44

Originality 248



P



Pantomime, public performance of XXXVII, 174

City map XXXVII 342

Lithographs, confiscaton of 17
Price list XXXIV, 116, 123
Advertisments, commercial XXXIV, 111

Protocolas, copyright in 318



Q



Adaptation, quality of XL, 108
256, 301, 311

Adaptation, quantity of XXXIX
109, 231, 256, 277, 290, 301, 311, 322
List of army quarters XXXII, XXXIV, 78
Source references LXLIII, 34, 49, 278, 292
R



List of (military) ranks XXXII, XXXIV, 78
Arithmetic books XXXII, 37, 280
Prima facie presumption of authorship
XXIX, 47, 57

Index, copyright in XXXII, 87

Novels 224



S


Societies of copyright experts,
- competence of XV, 3, 249, 326
Compilations, copyright protection
and reprinting XXXII, 247, 254

Compilations for specific literary
purposes XLI, 21, 165
Damages, see "Entschädigung" (compensation)
Tailors' textbook XXXII, 234

Writing books [textbooks, school books] XXXII, 130

Literary work, concept of XXXI, 39, 55
72, 81, 89, 105, 114, 119, 125
130, 137,
203, 219, 274, 282

Graphic characters, copyright in
XXVII, 4

Bookseller, liability
of 86

State prosecutor, request of 8

Stenography, works of XXVII, 1, 6, 133
[right column]



Demand for penalty, deadline XLII, 28, 236
Struwwelpeter [childrens' book], reprint XXXIX, 259
Legal entity of copyright XXVI, 1



T



Charts 218

Engeneering drawing XXXVII, 189
196, 234

Opera libretti 44, 180

Critical editions XXXIII, 50
Intellectual work 55, 62, 72, 138
282f. (see also literary works)

Title, reprinting of XXXIII
65, 250, 262, 272

Terms of address of aristocratic titles, work on 293
U



Translations XXXVI

author, concept of, XXVII, 1
- author as reprinter damaging his publisher
6, 17, 23
Copyright, coverage of XXVII, 1

- of the principal [works made for hire] XXIX, 30
- in manuscripts XXXVII, 37
authorship, presumption of 47, 57



V

Causer [Veranlaßer] of reprints 22, 103

Executor [printer] of reprints 22, 103
Distributor of reprints 78

- good faith of 78

Inheritance of copyright XXVIII, 167
Statute of limitation XLII, 28, 49, 224, 237
278, 285, 315
"Publishabilty" [supreme Court criteria of literary works] XXXI
56, 116, 122, 128

Publisher, author as reprinter damaging his
publisher and vice versa XXX,
6, 17, 23

- malice vs. negligence 279 see
also "Guter Glaube" (good faith)

Property right as nature of copyright
XXVII
Decree, Reprint of XXXIV, 23
Academic lectures XXVII, 167
Reprinting, maliciously XLII, 16, 22
83, 96, 103, 279

Lectures, Reprinting of XXXVI, 316



W



Value of literary work XXXV
151, 155, 159
"Scholarly elaboration" [Criteria for otherways unprotected newspaper articles, Copyright
Act 1870 §. 7 Litt. b.] XXXV, 151, 155, 159

Scholarly work 164

Dictionary 164

Adress book XXXII

Engineering Drawing XXXVII, 189
193, 196, 234

Newspaper Articles XXXV- copyrightability 142, 149, 155, 159, 285

"Scholarly elaboration" XXXV, 151, 155, 159

"novellette product" XXXV, 142, 244 [Criteria for otherwise unprotected newspaper
articles, Copyright Act 1870 §. 7 Litt. b.]




Translation by: Luis A. Sundkvist (of preface/ table of contents/ index)