Copyright Term Extension

 I have an important question for our colleagues in Europe and others who might know something about European law. The recent issue of the J. of the Copyright Society, Vol. 44, No. 1 (Fall 1996), at page 1, contains an article by Wilhelm Nordemann entitled, "The Term of Protection for Works by U.S.-American Authors in Germany." If I understand the article correctly, its conclusion could have profound implications for the extension battle here in the United States.

 Mr. Nordemann does not mention specifically the mandatory "rule of the shorter term" of the recent EU Directive on copyright term, but the implication is that this rule applies only prospectively. He concludes, again if I understand correctly, that all old US works (running at least up to the time the US joined Berne in 1989) are protected for the full life+70 term in Germany provided they were properly renewed in the US when and if that was required. In his closing paragraph he says, "If the United states adopt the European 70-year term in the near future, as I expect they will, this can only affect the protection of American authors in Germany if, at the same time, the U.S. revive those terms of protection already expired in the United States--which seems unlikely."  (In other words, if a US copyright was not renewed here when that was required, protection in Germany might be less than the current life+70 years, but because our extension bills will not revive any expired copyrights in any event, extension here has no effect at all in Germany!)

 At least as to Germany, if this analysis is correct, a major lynchpin of the argument for extension is thereby undercut. We needn't worry about unequal protection in Germany at least until 50 years after the mandatory rule of the shorter term kicks in in that country (around 2046 or so).  That would give us considerably more time to think about the wisdom of extension here rather than blindly plunging ahead on the ground that we must follow the Europeans in order to protect our current trade position in IP (an argument that, as I've pointed out in earlier postings, is in any event shallow and insubstantiated).

 My questions are: (1) Can anyone confirm any of this analysis as for Germany? (2) Can anyone give me any sources or answers to similar questions for other EU countries? Much of Mr. Nordemann's analysis seemes to depend on an 1892 bilateral treaty between the US and Germany.  Did we have similar treaties with other countries in Europe? Do those treaties imply that the rule of the shorter term, if effective at all, is only prospective?

 Any help any of you can give me would be most appreciated.

Dennis S. Karjala
Professor of Law
Arizona State University
Tempe, Arizona 85287
602-965-4010
602-965-2427 (fax)
dennis.karjala[_at_]asu.edu
Visit the "Opposing Copyright Extension" web page at <http://www.public.asu.edu/~dkarjala> Received on Fri Mar 28 1997 - 21:51:15 GMT