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 Directive 93/98/EEC was repealed and replaced by Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain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.
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. 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.
The EU member states implemented Directive 93/98/EEC and Directive 2006/116/EC in their national law; however, it is not guaranteed that such national implementations are either "comprehensive or in conformity" with the Directives.
Read more about this topic: Rule Of The Shorter Term
Famous quotes containing the words situation in, situation, european and/or union:
“It is necessary to turn political crisis into armed crisis by performing violent actions that will force those in power to transform the military situation into a political situation. That will alienate the masses, who, from then on, will revolt against the army and the police and blame them for this state of things.”
—Carlos Marighella (d. 1969)
“The press is no substitute for institutions. It is like the beam of a searchlight that moves restlessly about, bringing one episode and then another out of darkness into vision. Men cannot do the work of the world by this light alone. They cannot govern society by episodes, incidents, and eruptions. It is only when they work by a steady light of their own, that the press, when it is turned upon them, reveals a situation intelligible enough for a popular decision.”
—Walter Lippmann (1889–1974)
“God grant we may not have a European war thrust upon us, and for such a stupid reason too, no I don’t mean stupid, but to have to go to war on account of tiresome Servia beggars belief.”
—Mary (1867–1953)
“Let’s have the Union restored as it was, if we can; but if we can’t, I’m in favor of the Union as it wasn’t.”
—Artemus Ward (1834–1867)