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art in domestic copyright law exceeds the twenty-five year minimum that the Berne Convention tolerates,^ while the criterion of separability used to distinguish copyrightable works of applied art from noncopyrightable industrial designs remains firmly entrenched in long-standing state practice.'' However, the United States design patent law may not fully comply with the TRIPS provisions concerning the protection of industrial designs as such."
if no publication occurs)). The E.G. Directive, supra note 6, art. 2, affords a copyright to the authors of cinematographic or audiovisual works, (including the principal director, author of screenplay, author of dialogue, and composer of specially created music) , which expires seventy years after the death of the last of these designated persons to survive; and in eurt. 3, it also affords neighboring or related rights to the producers of films, and to broadcasting organizations, which last fifty years from publication, communication, or transmission to the public.
" See Berne Convention, supra note 3, art. 7(4); TRIPS Agreement, supra note 5, art. 12 (allowing this exception); 17 U.S.C. SlOl (definition of pictorial, graphic, or sculptural works) . See generally, J.H. Reichman, Design Protection and the New Technologies; The United States Experience in a Transnational Perspective. 19 U. Baltimore L. Rev. 6, 56-81 (Symposium Issue on Industrial Design Law and Practice, 1989/1990) ("Copyright Protection of Applied Art: The Retreat from Partial Cumulation") [hereinafter Designs and New Technologies 1.
" See J.H. Reichman, Design Protection in Domestic and Foreign Copvright Law; From the Berne Revision in 1948 to the Copyright Act of 1976. 1983 Dokb L.J. 1143, 1153-74, 1249-64 [hereinafter Designs Before 19761. See also J.H. Reichman,
Design Protection After the Copyright Act of 1976; A Comparative
View of the Emerging Interim Models. 31 J. Copyright Society U.S.A. 267, 360-65 (1984) [hereinafter Designs After 19761.
" See TRIPS Agreement, supra note 5, art. 25 (1) (mandating the protection of "independently created industrial designs that are new or original"); Universal Minimum standards, supra note 2, at 375-77.