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(c) in the case of unpublished works or of worics first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national.^'
A work is considered to be simultaneously published in several countries if it has been published in two or more countries within 30 days of its first publication." Therefore, if a work is published, the country or countries (and Berne status thereof) of publication determines the country of origin If a work is unpublished, the nationality of the author dictates the country of origin.
3 Minimum duration established by Berne
The minimum term of protection granted by the Berne Convention for works created by individual authors (and not anonymously, pseudonymously or as a work made for hire) is 50 years following the death of the author 7" As discussed above, these minimums may be exceeded by Berne signatory countries^' The Berne Convention does not specify a term of protection for corporate works. As discussed below, the U.S. violates the Berne obligation to provide a minimum 50 years p ma. due to certain pre-1978 terms of protection^'
B. Duration of protection under national laws of EU Countries
I Duration and Rule of the Shorter Term
Nearly all EU countries have a duration of protection of 50 years p.m.a. for works created by individual or joint authors -^ Germany and Spain are exceptions, each providing terms of 70 years p m a With respect to application of the rule of the shorter term, in brief summary, Belgium, Denmark, Finland, France, Germany, Italy, Spain, Sweden and the Netherlands apply the rule of the shorter term,^' whereas the UK. does not.^ Arguably,
^^Berne Convention, supra note 13 at Art 5(4)(a).
^■'/rf. at Art. 3(4) The concept of simultaneous publication was added to the Berne Convention during
the Brussels revisions of 1948 Therefore, the status of works simuluneously published before 1948 is
unclear.
^■*W at Art 7( 1 )
'■^See supra al Sec I A
265e£. ,„/rn al Sec IC
^ 'These terms do not mclude ccnnin war-time extensions, which were implemented in France and Italy.
28C0M (92). supra nolc 21 al p .'(I
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