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» Personal Loan No Credit Check, Online Economics » Printing » Topics begins with P » Pirated edition

Page modified: Wednesday, July 13, 2011 16:50:03

Pirated edition is the unauthorized reproduction of a printing element by a competition publishing house, which usually masks thereby its own identity.

To the interest situation

The original publishing house was more damaged in the early printing - a situation, which changed, when the concept of the so-called mental property and a new legal positioning of the author shifted the interest structure over copyright. The pirated edition is today the unauthorized duplication and of a in copyright matters protected work already printed; Damaged ones are thereby as a rule the author and/or its legal successors as well as the publishing house, whose Vorinvestitionen is used of third.

Neighbouring ranges are today the permissible copy (with in the German-speaking countries the VG word a share of the cost receives, which is passed on after a distributor to the authors), the Markenpiraterie, the illegal commercial pirat copy, the bad exchange of private copies over file sharing nets and the freiwillige production in copyright and license-free projects, which step into open competition with the market protected over copyright.

Before copyright, 1500-1750

Two fundamental shifts separate the press market of the early modern times from the market, into 19. Century developed:

  • Authors were paid usually during admission of the manuscript uniquely, the further profits and the further business risks left them exclusively to the publisher.
  • A general press right, which against each other secured publishing houses in the today's measure, did not exist.

The pirated edition was a problem, which above all the publishers had to meet, without they could take usually for this redresses up.

Interests of the authors and publishers

Authors supplied manuscripts in and for these were paid. Here mostly the remuneration applied after begun pressure elbows. Their work was honored thereby. In practice the trade ran more complex: Authors received advances, if their works sold themselves well. They could require more moneys, if the publisher made a better business with them than with other authors. The pirated edition actually benefitted the author in this system: If other publishers reprinted his title, only the Erstverleger had the damage. Usually the error was with the Erstverleger: If it would have more highly presented equal to title and in the offer would have brought, where the pirated edition appeared, then it would have become uninteresting to reprint the title there. The author, who appeared in pirated editions, could count on the fact that his publisher would sell it more broadly in the future, and it could require exactly in this broader sales to be financially taken part. Voltaire increased allegedly its market value opposite its Erstverleger, by playing its work the potential robbery printer into the hands and pushing the damaged Erstverleger to better work with the next book.

Among the pirated edition the translation did not rank into a foreign language - this increased the fame of the author on the international parquet and thus its paragraph in the own country, as soon as this fame spread there. Authors and publishers were at translations and the advertising factor, which they meant, saw interested and here no own rights cut.

A gray area represented the unchanged reproduction abroad. Here particularly the publishers of the Netherlands did out in the early modern times, which specialized in French works. Theoretically they printed the French Erstverleger for their own market and damaged, so seen, not. Practically the Dutchmen served however the European market more efficiently than the Frenchmen, whose commodity thereby lost international paragraph. Criminally to be sued they could not. For French authors (and Italian composers, who published their notes internationally) it became increasingly interesting in the consequence to supply the manuscripts equal to the Netherlands publishers and to demand from them the higher fees. (This misalignment won additionally at interest, if thereby domestic censorship regulations could be gone around.)

The large problem for the author was not the pirated edition, but the plagiarism, the appearance of another author with exactly the same idea. The answer to the plagiarism was usually a feud among the authors, in which it concerned to prove publicly who whom bestohlen here had and with whose feathers/springs decorated itself. The goal had to be it of making the competitors impossible before all eyes.

Practice of the pirated edition and answers to it

Pirated editions in the own country published usually without indication of publishing house, with obviously fictitious imprint ("A Cologne, chez Pierre Marteau ", bey Peter Marteau "was here the most popular, obviously wrong indication), or, particularly dreist, directly under the label of the Erstverlegers. Robbery printers under the own name more rarely published, it dared that above all, if they resided abroad, them offered then the national borders protection.

A any printer and publisher had procured themselves the title of the competitor, had again set and in this form on the market had brought it - the costs of the translator or the author he had saved, the commodity went themselves from him into the paragraph. Practical problems remained, if the robbery printer wanted to bring its commodity into the supraregional trade. For this the publishers (all this at the same time booksellers were) met on regularly taking place book fairs, to which they their few produced titles in large editions along-brought, among themselves exchanged and with varieties again went back. Who came with pirated editions on the fair, not possibly made itself before the colleagues, with whom it had to exchange. It excluded itself from the further trade, if nobody exchanged more with it. The pirated edition was above all practical therefore if the robbery printer had own channels of distribution - if it the title comfortably in the own shop to set off could do or it under the hand with colleagues exchanged.

The standardized preventive strategy against the pirated edition was the social proscription and the structure of confidence nets, in which one experienced, who one there bestahl. The reaction was not legal, but a public: An interaction before the colleague shank, with which it applied to make tendency against the competitor.

In relation to the social proscription there was a further official way of prevention, the pressure under privilege. With expensive published works the enterprise obtained the nationalwonderful or imperial Protektion: "With Pohln. and Churf. Privilegio "or "Avec Privilege you Roy "was located then in the last line on the title page. The national gentleman threatened here with the pursuit of each pirated edition. As a rule books without this expensive protection appeared. Since it could not be interspersed outside of the territory of the respective national gentleman legally, it guaranteed neither that the title was not reprinted, nor that illegal Nachdrucker was seized. With large published works the protection remained meaningful, since Erstverleger could trust here still earliest in the fact that the remarkable work could not be brought inconspicuously as reproduction into the trade.

Productive uncertainty

It is negligent to transfer conceptions of modern publishing trade to the early modern times. The interactions between authors and publishers, handling, which prevailed within the professions, can be seized not adequately, if one sees a play here around rights and mental property:

Christian Friedrich Hunolds (alias Menantes) first poem collection of 1702 contained a poem, which was noticeable to a rival, who saw a chance here to harm Hunold. Of Hamburg town councillor the spreading of this poem would have to forbid, if it were submitted to it. The publisher and the author got wind from the examination a short while before. One had well hundred free remainder copies still remaining; one exchanged the sides with the poem, bound a harmless into the remainder copies and divided the again arranged books finally under the advice gentleman out. The printer defended itself thereby before the city: Everyone does not have here original pieces before itself, it contained the doubtful poem. Only one pirated edition, which was put underneath him, points it to up black Peter lay thereby with the plaintiffs, who had brought even over Ambassadors concerned Spaniens and France the affair before the city. They would have had to now arise with the proof that their copies were quite no pirated editions - that was less the problem, they would have proven thereby at all as the initiators of the plot.

This history is picked out arbitrary, throws however much light on handling, which prevailed, where there was no effective protection against the pirated edition. In the contemporary legal literature the pirated edition was evaluated as fraud and as punishable falsum (Karl basic man: Principles of the Criminalwissenschaft. Pours 1798, "ยง 334), in practice however rather as infamousness as justitiables fact understood. Who was pulled for responsibility, could in extreme cases try to make other robbery printers guilty ones. Who is laid out pirated editions in the own book shop had, protested with objection she from other publishers to have received to know and not, what was put underneath there him. One complained loud about abuse and worked with appropriate prepared to take risks shank in a quite productive system.

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