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3. Protection of "acquired rights" of third parties
The EC Term Directive states that it shall be without prejudice to any acts of exploitation perfonned prior to July 1, 1995."" Therefore, rights of third parties which were acquired before a work's term was extended or revived are mandated to be protected. However, the EC Term Directive provides no further guidance on how such acquired rights v^ll be protected, mandating only that Member States "adopt necessary provisions to protect in particular acquired rights of third parties " Therefore, it remains to be seen how reliance parties, including those parties who incorporated a previously public domain work into a derivative work, will be treated.*' Because the EC Term Directive does not specify the manner in which reliance parties must be accommodated, it is quite possible that implementing legislation in the various EU Member States will result in differing rights for reliance parties.**
4. Works of foreign origin.
Article 7 of the EC Term Directive states that:
[w]here the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1.*'
In accordance with this Article, works by nationals of EU countries will be exempt from rtile of the shorter term treatment in EU countries, regardless of the country in which a work is first published. The EC Term Directive goes further than Phil Collins regarding the rights it grants to EU nationals Whereas Phil Collins mandated that an EU country cannot apply rule of the shorter term treatment to works from another EU country on a discriminatory basis, the EC Term Directive provides that works of all EU nationals will receive the 70 years term provided in the Directive, regardless ofihe country of origin of the work
With respect to protection under the Directive for "nationals" of EU countries, the Beme
(>*Id at An 1(1(3)
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''^For a criticism of ihc complicaiions jirismg from llic aiiibiijuiiN of tins proMSion. see W.R. Cornish,
"InlcUcclual Propcny." 13 Y B of Eur L 4K.S. 4% (I'WS)
^^Bcrne Convcnlion. supra noie 13 al An. 7(1).
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