Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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649 the rule of the shorter term also does not apply in Austria/"" 2. Phil Collins and the principle of nondiscrimination In Phil Collins.^' the European Court of Justice ruled that the general principle of nondiscrimination by EU-Member countries against nationals of other EU countries applies to copyright and related rights '' The Phil Collins case involved an attempt by Phil Collins, a UK national, to enjoin distribution in Germany of a bootlegged recording of a concert performed in California. German law provided a cause of action for such infringements, but only for German nationals. The court held that German law was discriminatory and therefore violated Article 7(1) of the Treaty of Rome Establishing the European Economic Community (hereinafter EEC Treaty) Article 7(1) provides that "any discrimination on grounds of nationality shall be prohibited "" The Court acknowledged that in the absence of EU harmonization. Member States may adopt national laws to determine the conditions governing the grant of intellectual property rights However, it further stated that such national laws could not "lay down discriminatory conditions for the grant of such rights."'* German law provided to German nationals "protection attaching to copyright for all their works, irrespective of whether they have been published and whether publication may have taken place."'' Thus, even if a work by a German national had a country of origin in a shorter term country and would therefore normally be subject to rule of the shorter term treatment, under German law it would receive the full term of German protection in Germany. Foreign nationals have less extensive rights under German law Under Phil Collins, these rights granted to German nationals, and denied to non-German nationals was held to be discriminatory and therefore a violation of the nondiscrimination principle set forth in the EEC Treaty Therefore, if an EU Member country exempts from rule of the shorter term treatment works by its own nationals, it must also exempt other EC-national's works from rule of the shorter term treatment: ■^^Id. It should be noted that these duration and rule of the shorter term conclusions are based upon current laws, and certain e.xceptions may apply as to works governed by earlier laws and/or bilaterial treaties ^ *Phil Collins, supra note 16 at 791 32/rf at 792. 3^EEC Treaty. Art. 7. reprinted in V. Rose. ed.. Common M.arket Lav/ of Competition (1993) at Appendix 2. p. 963. ^^Jd. al Phil Collins, supra note 16 ^^Urheberrechtsgesclz (UrhG) § 120(1). cited in Phil Collins. Id. See also. Elcclrola GmbH v. Patricia Im-und Export (1989| ECR 79 7