Standard protection period

from Wikipedia, the free encyclopedia

As a rule, protection period in is copyright the usual term of protection of copyright works referred. In every national copyright law there are different protection periods, but only one standard protection period.

This refers to those achievements with work quality, which are thus personal spiritual creations . For ancillary copyrights (such as the protection of simple photographs or simple databases ) there are special regulations with shorter protection periods. The protection periods for anonymous and pseudonymous works are also regulated separately .

The standard protection period in the European Union and Switzerland is 70 years, beginning with the end of the year of death of the author ( post mortem auctoris , abbreviated p. M. A. ).

The Public Domain thus begins on January 1, of the 70th anniversary of the death of the author follows (example: has the date of death of a painter May 15, 1941 in copyright means that his works are in the public domain as of 1 January 2012). See § 69 UrhG (formerly § 34 LUG , § 29 KUG ), Art. 7 Paragraph 5 RBÜ , Art. 8 EU Term of Protection Directive.

International agreements

The most important agreement, the revised Berne Convention , has obligated the member states since the revision of Rome (signed on June 2, 1928) to a minimum protection period of 50 years p. m. a.

International overview

The 70-year period after the death of the author applies in leading industrialized countries, especially in the USA , Russia and Australia . However, there are very many countries (such as Canada , China and Japan , with the exception of films, since they are also 70 years old) that still have the 50 years after the author's death as a protection period. The world's longest term of protection is in Mexico , where it is 100 years after the author's death.

German legal circle

History of the German standard protection period


In the Literature Copyright Act ( LUG ) of 1870 and 1901 and in the KUG of 1876 and 1907, the term of protection was 30 years after the author's death [post mortem auctoris, p. m. a.]. In 1934 it was 50 years p. m. a. and 1965 to 70 years p. m. a. increased ( § 64 UrhG ).

To be protected by law, the sentence had " all rights reserved " (English: All rights reserved ), an American Anglo-from the copyright system ( Copyright ) derived sentence be added to the plant. Today's copyright law in most countries, including Germany , no longer requires such a note, but the sentence is still used.

History of the Swiss standard protection period

The federal law on copyright in works of literature and art of 1922, which replaced a law of 1883, provided for a period of protection of 30 years p. m. a. in front. A revision of this law in 1955 increased the term of protection to 50 years p. m. a., but this did not apply retrospectively. Works with a term of protection of 30 years p. m. a. had already expired, received no new protection. The Federal Law on Copyright and Related Rights (URG), which came into force on July 1, 1993, increased protection to 70 years in order to adapt to developments abroad, particularly in the EC . However, this increase in the protection period does not apply to works whose protection period had already expired at this point in time.

See also: Copyright (Switzerland) # Duration of Protection

History of the Austrian standard protection period

The 50-year protection period was introduced in 1933, which also gave Germany the impetus to implement it a year later. The copyright law amendment 1953 (UrhG amendment 1953, Federal Law Gazette 106 (Art. III, Paragraph 1)) established the term of protection for works for which the protected right arose before January 1, 1949 and which were still protected on October 14, 1953 (Entry into force of the Berne Convention in the Brussels version of 1948 in Austria ), extended to 57 years. With the 1972 amendment to the Copyright Act (UrhG-Novelle 1972, Federal Law Gazette 492), the deadline was finally changed to the current 70 years, which also applied to all works that were not yet free.

According to the editio princeps , the term of protection for unpublished works is extended by 25 years from the date of publication , if someone already had the rights.

Related Rights Deadline

A distinction must be made between the protection for copyrighted works and the regulations for the so-called related rights . Special protection periods apply to these rights, e.g. B. for image and sound recordings by performing artists or for manufacturers of a sound carrier 70 years after publication (according to German law: § 82 or § 85 UrhG). Within the framework of the European Community , the EC Commission had plans to increase this period from 50 to 95 years. The extension of the protection period from 50 to 70 years was finally decided by the Council of the European Union in a directive on September 12, 2011 . The draft law to implement the directive in Germany was debated in the first reading on January 31, 2013 in the Bundestag and passed on April 24, 2013. The change came into effect on July 6, 2013.

See also


Web links

Individual evidence

  1. Isabella Löhr: European, American or worldwide protection of intellectual property? European and American copyright protection in the first half of the 20th century .
  2. Federal law on copyright in works of literature and art
  3. Denis Barrelet, Willi Egloff: The new copyright . Commentary on the Federal Law on Copyright and Related Rights. 3. Edition. Stämpfli, Bern 2008, ISBN 978-3-7272-9563-8 , p. 208 .
  4. BGE  124 III 266
  5. ^ Isabella Löhr: Transnational History and International Legal Regime . ( Memento from March 4, 2016 in the Internet Archive )
  6. §76b UrhG , accessed on March 26, 2013.
  7. Press release at heise online
  8. ^ Extension of the protection period for sound recordings (PDF) irights dossier, September 2011; accessed January 2, 2017.
  9. Press release (PDF; 32 kB) Council of the European Union, September 12, 2011
  10. Directive of the European Parliament and of the Council amending Directive 2006/116 / EC on the term of protection of copyright and certain related rights. (PDF) Retrieved March 13, 2013
  11. Draft of an eighth law amending the copyright law (PDF) Bundestag printed paper 17/12013. Retrieved March 13, 2013
  12. Minutes of the plenary session of the German Bundestag 17/219 of January 31, 2013 (PDF)
  13. Bundestag extends protection period for sound recordings . heise-newsticker, April 26, 2013, accessed on September 6, 2013
  14. Bundestag extends the protection period for sound recordings to 70 years . ( Memento from January 8, 2014 in the Internet Archive ), April 26, 2013, accessed on September 6, 2013
  15. ^ Ninth law amending the Copyright Act of July 2, 2013 ( Federal Law Gazette I, p. 1940 ).