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certain US works receive abroad as a result of the deficiencies in US duration provisions Now tiiat the U S is a member of the Berne Convention, U.S. authors cannot usefully avail themselves of the benefits of simultaneous publication Before US. adherence to the Berne Convention, an author could first publish a work simultaneously in a Union country and in the US and thus establish the origin of the work as a Berne work,'" thus receiving the benefits of the longer terms provided as a result of the work being, e.g., a Netherlands-origin work This procedure was known as "back door to Berne " However, now that the US is a member of the Berne Convention, Article 5(a) dictates that a work first published in the US will have the US as its country of origin. Article 5 further dictates that if the work is first published simultaneously in Berne Union countries which have different terms, the country which grants the shorter term will be the country of origin. Therefore, US authors can no longer escape the world-wide detriments of the US. shorter term by simultaneous publication in a longer-term country.
The only manners by which a US author can currently obtain the benefits of the longer EU terms of protection is: 1) by first publishing the work in an EU country, and delaying publishing it in the US for 30 days afler the non-U S publication date (for purposes of parallelism with prior terminology, I will term this "back door to EU"), or 2) habitually residing in an EU country.
This discrepancy, as discussed in more detail later, results in an incentive for authors to first publish a work in an EU country, and delay publication in the US by 30 days. Note should be taken regarding the status of works that were simultaneously published in an EU country and the US before the US adhered to the Berne Convention On first reading, one could conclude that such works would, under the Berne Convention, have an EU country origin and therefore benefit from the revival and extended term benefits of the EC Term Directive. Before the US joined the Berne Convention, such work would have a country of origin of the EU country in which it was simultaneously published with the U S 7* However, since the US implemented Berne, such works are considered to be US origin works/" Thus, works that enjoyed "back door to Berne" through simultaneous publication in an EU country will not enter through the "back door to the EU," and will receive rule of the shorter term treatment in EU countries
''Bcmc Convention, supra note 13 ai Arts 5 (a) and (b)
'*/</ at Art 5
"Rjcketson. supra note 54 M $ 5 7S. page 2 IX
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