Re: Re: Abolishing perpetual copyright in unpublished works

To my knowledge, in France published and unpublished works are in the same situation: 70 years after the death. If "group work" the death of the last survivor. For audio visual works protection is granted only to scenario author, audio author (music and text) if they are created for the work, and the main director. (in french "réalisateur"). Of course this do not apply to "moral right" which is perpetual.
If the work is published "post mortem" after the 70 years period, protection is 25 years.
Collective work, anonymous work or pseudonym work the period is 70 years after publication (to be proven by any means, notably Legal Depot at the National Library.
Alain

2006/8/29, Wallace J.McLean <ag737[_at_]freenet.carleton.ca>:
>
>
> ----- Original Message -----
> From: Terry Carroll <carroll[_at_]tjc.com >
> Date: Monday, August 28, 2006 3:55 pm
> Subject: [CNI-(C)] Re: Abolishing perpetual copyright in unpublished
> works
> >
> > > Canada has sorta done the same, with one transitional period
> > > that expired in 2004, and another which stupidly lasts until 2049.
> >
> > That description sounds like you could apply that to the US
> > scheme, too,
> > just substituting 2003 and 2048 for 2004 and 2049, respectively.
> > I don't
> > know Canadian copyright law, though, so I don't know if the US and
> > Canadian provisions are analogous.
>
>
> Not quite. The US abolished perpetual copyright with a 25-year
> transitional period that ended on January 1, 2003. Henceforth, until
> some powerful literary estate gets its fangs into Congress, the
> life+70 term applies to unpublished literary works, so that every year
> a new batch becomes public domain in the US.
>
> In Canada, the clock started ticking in 1999 for unpublished works by
> those authors who died before 1949. For them, there was a five-year
> transition which ended on January 1, 2004. All works by authors
> deceased before January 1, 1949, are PD in Canada.
>
> For those authors dead between 1949 and 1998 inclusive, though, the
> term is fixed as lasting until January 1, 1949, which is increasingly
> stupid. Published works by those authors transtion to the PD on the
> usual life+50 expiry, but unpublished works will be under copyright
> for up to a century in the most extreme cases. (This is the "Mackenzie
> King class" of "authors"; the former Prime Minister whose published
> works are already PD, but whose unpublished works have a 99 year
> posthumous copyright term; he died in 1950).
>
> For those authors dead in 1999 and later, the life+50 term applies to
> all works.
>
>
>
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-- 
Alain Minodier
tel:33 (0)6 12 29 37 97