From what I can see from the UK legislation:
http://www.ipo.gov.uk/cdpact1988.pdf
Quote:
12
11
Duration of copyright in literary, dramatic, musical or artistic works
(1) The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.
(2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.
[(3) and (4) relate to works of unknown authorship, (5) defines making available to the public)
(6) Where the country of origin of the work is not an EEA state and the author of the work is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).
|
Quote:
15A
15
Meaning of country of origin
(1) For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.
(2) If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.
(3) If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.
(4) If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then
(a) if any of those countries is an EEA state, the country of origin is that country; and
(b) if none of those countries is an EEA state, the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.
(5) If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is
(a) if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;
(b) if the work is
(i) a work of architecture constructed in a Berne Convention country, or
(ii) an artistic work incorporated in a building or other structure situated in a Berne Convention country, that country;
(c) in any other case, the country of which the author of the work is a national.
(6) In this section
(a) a ―Berne Convention country‖ means a country which is party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and
(b) references to simultaneous publication are to publication within 30
days of first publication.
|
Which would suggest that if a work was published prior to 1923 in the US, and the US only, then its copyright would have expired in the UK, even if the author had died less than 70 years ago. If it was published within 30 days in both the US and somewhere in Europe, it would still be in copyright.
Nothing is ever that simple though.
I suspect that the Berne Convention rights come in through:
Quote:
159 Application of this Part to countries to which it does not extend
(1) Her Majesty may by Order in Council make provision for applying in relation to a country to which this Part does not extend any of the provisions of this Part specified in the Order, so as to secure that those provisions -
(a) apply in relation to persons who are citizens or subjects of that country or are domiciled or resident there, as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom, or
(b) apply in relation to bodies incorporated under the law of that country as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, or
(c) apply in relation to works first published in that country as they apply in relation to works first published in the United Kingdom, or
(d) apply in relation to broadcasts made from that country as they apply in relation to broadcasts made from the United Kingdom.
(2) An Order may make provision for all or any of the matters mentioned in subsection (1) and may
(a) apply any provisions of this Part subject to such exceptions and modifications as are specified in the Order; and
(b) direct that any provisions of this Part apply either generally or in relation to such classes of works, or other classes of case, as are specified in the Order.
(3) Except in the case of a Convention country or another member State of the European Economic Community, Her Majesty shall not make an Order in Council under this section in relation to a country unless satisfied that provision has been or will be made under the law of that country, in respect of the class of works to which the Order relates, giving adequate protection to the owners of copyright under this Part.
(4) In subsection (3) "Convention country" means a country which is a party to a Convention relating to copyright to which the United Kingdom is also a party.
(5) A statutory instrument containing an Order in Council under this section shall he subject to annulment in pursuance of a resolution of either House of Parliament
And for historic works, schedule 1 basically says that anything which was protected previously shall continue to be protected.
|
Which would afford US authors the same rights as UK ones, so back to life+70 again.