Re: Wartime copyright term extensions

From: Pascal Kamina <pkamina[_at_]club-internet.fr>
Date: Sun, 30 Aug 1998 20:10:54 +0200

William Grantham <billgra[_at_]rmslaw.com> wrote:
>
> Can anybody help me with the exact length of the wartime extension
> to the Italian copyright term for nationals of the (non-Italian)
> signatories to the 1947 peace treaty? My reference sources say the
> extension runs from "the day World War II started" until December 25,
> 1947. Is the starting date when Germany invaded Poland (Sept. 1,
> 1939)? Or when Britain and France declared war on Germany (Sept. 3,
> 1939)? Or, maybe more likely, when Italy declared war on Britain and
> France (June 10, 1940)?
>
> To compound the problem, I have a reference to decisions of the Tribunal
> of Rome on February 17 and May 29, 1995 (Diritto di Autore, 1995, 591 &
> 604) which are said to state that the wartime extension lasts 5 years
> and 10 months -- a period compatible with none of the above.
>
> Believe it or not, this question is of more than purely theoretical
> interest to me. Thanks to any of you for helping out.

Bill,

I do not know if this can be of any use to you, but apparently the Italian Act of February 6, 1996 (No52) abrogated war extensions (article 17-1). The Act implemented the durational provisions of the EU Term Directive of 1993 (extension to 70 years p.m.a with specific provisions for films).

I read in one (French) report that the extension was six years.

Any Italian lawyer around?

---

Pascal Kamina,
Dr. Jur. (France), L.L.M., Ph.D. (Cambridge) Attorney-at-law, Paris / Lecturer, Poitiers University pkamina[_at_]club-internet.fr Received on Sun Aug 30 1998 - 19:59:56 GMT