Re: Constitutional Challenge to (C) Code

Peter Groves <PeterGroves[_at_]compuserve.com>
>
> Actually, Berne stipulates _life of the author_ plus fifty years, not
> 50 years, period.

Some expansion needed here:

(a) there are the special provisions for basic term calculation for cinematographic, anonymous/pseudonymous, photographic and applied art works (see Art 7.2, 7.3, 7.4);

(b) the basic term in all cases is a *minimum* - Art 7.5 states that "the countries of the Union may grant a term of protection in excess of those provided by the preceding paragraphs".

> Why the Germans settled on 70 years pma is a mystery to me: why we
> (and the rest of the EC) followed suit is a rather complicated story,
> but basically it turns on the fact that the EC Treaty stipulates that
> nothing done under it can interfere with property rights granted by
> national law - including IP rights - and harmonisation at a level lower
> than the German term would deprive authors of rights in Germany.

In short, Germany need not bother justifying its term system since Berne Art. 7.5 allows it. On the other hand, to the extent that the EU's Term Directive attempts to justify itself (see the Recitals) it also refers to the effect of the World Wars on copyright royalty collection, etc.

Gary Lea
<g.r.lea[_at_]btinternet.com> Received on Fri Apr 03 1998 - 09:13:39 GMT