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as regards the consequences of applying the principle of non-discrimination to copyright law in general and to the question of the term of protection, it may well be that Article 7 of the Treaty requires each member-State to grant to ail community nationals the same term of protection as its own nationals, even though the latter receive a shorter term of protection in other member states.'*
Phil Collins does not pre-empt application of the rule of the shorter term analysis entirely. It merely states that if a country provides preferential treatment to its nationals, it must provide those preferences to nationals of other EU MemberStates However, insofar as the copyright laws of most EU countries provide for preferential treatment for nationals of their own countries regardless of the country of origin of their works, the rule of the shorter term analysis previously resulted in different copyright terms applying to works, depending upon the nationality of the author. After Phil Collins, and further upon implementation of the EC Term Directive, such differential treatment between EU nationals is prohibited. Differential treatment of non-EU nationals is still permitted.
C. Duration of Protection Under Current U.S. Law
The Copyright Act of 1976 established duration guidelines for three categories of works, based upon whether the works were created before or on/after January 1, 1978, and based upon whether the works were created but not published or copyrighted (i.e registered) before that date
1. Works Created Before January 1. 1978 with Subsisting Copyrights
Under the 1976 Act, the duration of protection for all works with subsisting statutory copyrights (eg published or registered works) created before January 1, 1978 is 75 years following the date of publication, or for unpublished works, following the date of registration.
To determine whether a work has "subsisting copyrights", one must consult the 1909 Copyright Act to analyze whether the work was published with proper copyright notice and whether other statutory formalities were met '^ Under the 1909 Act, failure to publish
^^Phil Collins, supra note 16 at 788
^^In very brief summar>'. the formalilics regarding cop>Tight notice and renewal are dictated by the 1909 Act. the 1976 Act. the Bcme Con\cntion Implemcnialion Act of 1988, and the Copyright Renewal Act of 1992 and are as follows
Notice works published between the dales: