Quote:
Originally Posted by gweeks
For any Berne signatory that implements the Berne "Rule of the shorter term" when a copyright expires in the home country it is expired in the other country as well. So if the US copyright is expired on a book then it is expired in any country that implements the "Rule of shorter term." Canada is the only country I've looked at. Canada implements the rule of shorter term for all countries except the US.
https://en.wikipedia.org/wiki/Rule_of_the_shorter_term
Greg Weeks
I should add, that US copyright expired means a US author, not just any copyright. |
But doesn't your link state the opposite?
Quote:
Situation in the European Union
In the European Union, copyrights have been harmonized amongst the member states by the EU directive 93/98/EEC on harmonising the term of copyright protection. This binding directive, which became effective on July 1, 1995, has raised the duration of copyrights throughout the union to 70 years p.m.a. It also includes in its article 7 a mandatory rule of the shorter term for works from non-EU countries. Within the EU, no comparison of terms is applied, and—as in the Berne Convention or in the UCC—existing international obligations (such as bilateral treaties) may override this rule of the shorter term. Directive 93/98/EEC was repealed and replaced by Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights.[17]
Germany extends the non-applicability of the rule of the shorter term to all members of the European Economic Area in §120 of its Urheberrechtsgesetz.[18] It also does not apply the comparison of terms to U.S. works. In a case decided on October 7, 2003 by the Oberlandesgericht of Hesse in Frankfurt am Main, the court ruled that a U.S. work that had fallen in the public domain in the U.S. was still copyrighted in Germany. The court considered the rule of the shorter term inapplicable because of the bilateral copyright treaty between Germany and the United States, which had become effective on January 15, 1892 and which was still in effect. That treaty did not contain a rule of the shorter term, but just stated that works of either country were copyrighted in the other country by the other country's laws.[16]
The EU member states implemented Directive 93/98/EEC[19] and Directive 2006/116/EC[20] in their national law.
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