[pd-discuss] Public Domain Day 2012

Tue Nov 15 09:20:09 UTC 2011

The duration of copyright is governed by the law of the country where 
protection is claimed. So a foreign work requesting protection in Italy 
for instance will be protected according to the Italian law and duration.
But the Berne Convention (art.7.8) authorises the countries to compare 
the duration of the country of protection and that of country of origin, 
and apply only the shortest (but not shorter than life plus 50 years 
imposed by Berne...).
Actually, the European Union applies the rule of term comparison (or 
rule of the shorter term) as imposed by the Term Directive (art. 7.1.). 
But the US does not. That means that Tagore's works will be protected in 
the EU for 60 years after his death but will have the same duration in 
the US than US works.

Severine

Le 14/11/11 18:10, T. Margoni a écrit :
>> Just as a quick note, India does life + 60, not life + 70. Would the
>> rule of the shorter term thus mean his [original] work is thus PD in
>> most jurisdictions already?
>>
>> [At least, I am assuming his copyrights would be governed by Indian
>> law - he died pre-independence...]
> it should mean that his work is life+60 everywhere in the world unless
> protection is claimed in a country that specifically says something at
> this regard, which, as far as i can tell, are not many (actually i
> cannot name one)... but for any other aspect the work should be
> protected following the rule of where protection is claimed...
> (plus eventual provisions regarding pre-independence works, etc)
>
> would be good if any expert, such as severine, could confirm, though...
>
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