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The EC Term Directive, the Uruguay Round Agreements Act, and the Proposed U.S. Copyright Term Extension Act of 1995:
Recent Changes in U.S and European Laws Impact Duration of Copyright
Lisa M. Brownlee^
L INTRODUCTION
The terms of copyright protection for all works of authorship are dramatically changing in both the European Union' (EU) and the US.: works that were previously in the public domain on both continents are being revived, the copyright terms will be extended 20 years in the EU, and copyright terms are proposed to be extended 20 years in the U.S.
Copyright terms in the Member States of the European Union will be harmonized (and increased, in most Member States) by the recently-adopted EC Directive on Harmonizing the Term of Protection of Copyright and Certain Related Rights^ (hereinafter EC Term Directive). By July 1, 1995, Member States of the European Union are required to enact legislation implementing the EC Term Directive The EC Term Directive extends the duration of copyright in works by individual or joint authors' in EU member states to 70 years after the death of the author^ (known as post mortem auctoris— hereinafter p.m.a.). Works in which a legal person is designated as the rightholder (hereinafter "corporate works") will endure for 70 years after publication of the work ' Under this Directive, copyright in works that are still protected in one Member State will be revived on July 1,
^ 1995 Lisa M. Brownlee. All rights reserved. Associate, Trenit^ Van Doome, Amsterdam. Member of the Washington State Bar. The author gratefully acknowledges the comments and advice of David Nimmer, Professor J.H. Spoor. Vrij Universiieit. Amsterdam, and Professor H. Cohen Jehoram, University' of Amsterdam
'Consisting of Austria. Belgium. Denmark. Finland France. Germany, Greece. Ireland. Italy, Luxembourg, the Netherlands. Portugal. Spain. Sweden. U.K.
2CouncilDirecuve93/98/EEC.L 290 O.J. 24 November 1993. (heremafler EC Term Directive). Thus far, only one countiy-Belgium-has implemented this Direcii\e Loi du 30/06/94, moniteur beige du 27/07/94. page 19297 For a discussion of proposed legislation in the U.K.. see M. Heniy, "Rental and Duration Directives: Issues Arising From Current EC Reforms." 12 EIPR 437 (1993) ^For jointly authored works, the term is calculated after the death of the last-surviving author. *The term of 70 years p m a does not apply to anonymous, pseudonymous or corporate works, the terms of which are also extended 20 years
^This article discusses in detail onh works created by individual and joint authors, and those which are owned by corporate entities under the US work for hire provisions, or its European equivalents.
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