Comparison of terms of protection
The shorter term is a term from the copyright that for works that represent a spiritual creation, a period of protection provided for. The comparison of protection periods serves the international protection of intellectual property rights and reduces the period of protection for foreign rights holders to the period applicable in the country of origin (prohibition of discrimination on grounds of nationality). In English we speak meaningful to the rule of the shorter term ( English rule of the shorter term ).
International right
Article IV No. 4 of the Universal Copyright Convention (WUA) reads:
"No contracting state is obliged to grant a work a longer protection than that established for works of the type in question in the contracting state in which the work was first published."
The Revised Bern Convention (RBÜ) provides for national treatment for foreign authors, but Article 7, Paragraph 8 restricts:
“In all cases, the duration is determined by the law of the country in which protection is claimed; however, unless the legislation of that country stipulates otherwise, it does not exceed the duration specified in the country of origin of the work. "
In European copyright law , the term of protection was amended with the Term of Protection Directive of October 29, 1993, Directive 2006/116 / EC of the European Parliament and of the Council of December 12, 2006 on the term of protection of copyright and certain related rights and, most recently, Directive 2011/77 / EU from September 27, 2011 harmonized.
The Convention between the Reich and the United States of America on the mutual protection of copyrights from 1892 can be overridden by the WUA in individual cases.
Germany
According to the 3rd Copyright Amendment Act of June 23, 1995, other EU citizens are treated equally in Germany in the German Copyright Act . § 120 UrhG states, among other things:
“German citizens enjoy copyright protection for all of their works, regardless of whether and where the works were published. [...] German nationals are equal: [...] nationals of another member state of the European Union or another signatory state to the Agreement on the European Economic Area. "
United States
The USA does not compare the terms of protection, but generally grants foreign authors protection from citizens. The terms of protection in the USA have in some cases been made longer by the Copyright Term Extension Act .
Web links
- Overview: bilateral agreements in Germany on intellectual property rights and copyright. Protection of indications of origin and designations of origin
- Michael Walter: International Copyright University of Vienna, 2018
Individual evidence
- ↑ ECJ, judgment of October 20, 1993, case C-92/92, Phil Collins
- ↑ Lars-Jörgen Birth: XIV. European Communities 2. General prohibition of discrimination in: German jurisprudence in international law issues 1997, marginal no. 116
- ↑ ECJ, judgment of June 6, 2002, case C-360/00, La Bohème
- ↑ Astrid Meckel: Revised Berne Convention (RBÜ) Gabler Wirtschaftslexikon, accessed on July 16, 2018
- ↑ Council Directive 93/98 / EEC (PDF) of October 29, 1993 on the harmonization of the term of protection of copyright and certain related rights
- ↑ Directive 2006/116 / EC (PDF) ( codified version)
- ↑ Directive 2011/77 / EU (PDF)
- ↑ cf. BGH, judgment of February 26, 2014 - I ZR 49/13
- ↑ BGH ruled on the term of protection for works first published in the USA. Copyright protection for the novel "Tarzan of the Apes" from 1912 has expired. Website of the Institute for Copyright and Media Law e. V., April 25, 2014
- ↑ OLG Frankfurt am Main, judgment of October 7, 2003 - 11 U 53/99
