Geistiges Eigentum im römischen Recht? : unter besonderer Berücksichtigung des Urheberrechts

Abstract

This article surveys the ancient Roman law to investigate whether or not the concept

of intellectual property was known to it. The sources concerning the main objects

of the survey, manuscripts for theatrical perfomances and pictures, show that

the Romans had no idea of a legally protected right of intellectual property even

though they also were, as a matter of fact, quite aware of the value of authorship

and its honor. The evaluation was higher in case of the painting at all events, but

no legal right was recognized either. The opinion that as a remedy the actio iniuriarum

came into question is anachronistic. It is clear that the intellectual property

has originated in the modern times.