A good question and (sometimes) a tricky one. In the case of French copyright law, "publication" is generally viewed as being coextensive with the word "divulgation" (i.e, divulging or revealing), such that the author's wish to reveal the work to the pu
blic is viewed as controlling. Naturally, there are some divergences in the application of the law -- for instance, one very old case stated that a painting by Whistler hadn't been "divulged" to the public even though it was exhibited at the
Salon de Paris, because the exhibition was intended only for critics and not the general public. A case based on the same facts would quite possibly turn out differently today.
Accordingly, it would be reasonable to suppose that the public exhibition of a work of the plastic arts (i.e. in a gallery or museum), or its reproduction in a print publication, would qualify as publication under French law. If first publication of such a work took place on a qualifying date, then the wartime extensions would apply.
-----Original Message-----
From: Amalyah Keshet [mailto:akeshet[_at_]imj.org.il]
Sent: Tuesday, January 22, 2002 1:10 AM
To: Multiple recipients of list
Subject: Re: French war artists copyright term
My thanks to Mr. Grantham for his very enlightening response. One more wrinkle, and not a new one: Just how does one determine the date of "publication" of a painting or drawing? Artists whose copyright term falls into this exceptional term extension include, for example, Monet. Not a few museums have works by Monet in their collections. The question is not at all academic.
amalyah keshet
head of image resources & copyright management
the israel museum, jerusalem www.imj.org.il
board of directors, museum computer network www.mcn.edu
> The French copyright term is extended by articles 123-8 and 123-9 of the
Intellectual Property Code to compensate authors for the presumed loss of
the opportunity to exploit their works during the First and Second World
Wars.
>
> The First World War extension is equal to the length of the period between
August 2, 1914 and the "end of the year following the date of signature of
the peace treaty". There was some dispute over the precise end date,
meaning that some courts have recognized an extension of six years and 152
days, while others have favored six years and 83 days. The precise end date
has some significance, as the extension applies to works published prior to
such date which had not fallen into the public
> domain prior to February 3, 1919.
>
> Works published prior to January 1, 1948 and which had not fallen into the
public domain prior to August 13, 1941 benefit from an extension equal to
the period from September 3, 1939 and January 1, 1948, or eight years and
120 days. A work that had benefited from the First World War extension, and
which otherwise qualified for the Second World War extension, was entitled
to both extensions, thereby adding nearly 15 years to the term of copyright
(which in most cases until the harmonization of
> the EU copyright term was life + 50.
>
> One more wrinkle. Article 123-10 provides for a further extension, of 30
years, for an author who "died for France", e.g., during a war. The
potential for the WWI generation is therefore an extension of the copyright
term of nearly 45 years.
>
> An academic question? Not at all. If you wanted to film Alain-Fournier's
novel "Le Grand Meaulnes", published just before WWI, you'd discover that
although the author died in 1914, his work is protected in France until
2029, having benefited also from the EU's extension of the copyright term to
life + 70. Other dead French authors are similarly situated.
>
> I read recently that France's highest court, the Cour de Cassation is
hearing a challenge to the extensions, on the grounds that they conflict
with the harmonization of the copyright term in the EU. Does anybody have
any information regarding this case?
>
> Bill Grantham
> Akin, Gump, Strauss, Hauer & Feld, L.L.P.
> 2029 Century Park East, Suite 2400
> Los Angeles, CA 90067
> Direct telephone: +1 310 229-1040
> Direct fax: +1 310 229-3870
> mailto:bgrantham[_at_]akingump.com
> Website: http://www.akingump.com
>
>
>
>
> -----Original Message-----
> From: amalyah keshet [mailto:akeshet[_at_]netvision.net.il]
> Sent: Thursday, January 17, 2002 11:31 AM
> To: Multiple recipients of list
> Subject: French war artists copyright term
>
>
> I am looking for clarification of copyright terms for "French war
artists."
> The information I have at hand reads:
>
> "- France: French war artists. If the work of art was published before
31st
> December 1920 it is protected for life of the artist plus 84 years and 272
> days, and if it was published after that date, then it is protected for
> life plus 78 years and 120 days."
>
> Any information that might shed light on this (new?) ruling would be
> appreciated.
>
>
>
> Amalyah Keshet
> Director of Image Resources & Copyright Management
> The Israel Museum, Jerusalem www.imj.org.il
> Board of Directors, the Museum Computer Network www.mcn.edu
>
>
>
>
>
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The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. I f the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copy ing of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. Received on Wed Jan 23 2002 - 17:51:07 GMT
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