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[t]he rights of an author of a literary or anistic work within the meaning of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public
If a work is not published until after 70 years following the date of the author's death, copyright endures for 25 years after the work is lawfully published or lawfully communicated to the public" Copyright in a joint work will endure for 70 years afler the death of the last-surviving author " Copyright in corporate works will run for 70 years after the work was lawfully made available to the public ^ All terms are to be "calculated from the first day of January of the year following the events which gives rise to them ""
2. Retroactivity, revival.
The EC Term Directive applies retroactively to revive copyrights in works that may have expired in one EU country but had subsisting copyrights in another country. The Directive provides that "[t]he terms of protection provided for in this Directive shall apply to all works and subject matter which are protected in at least one Member State on July 1, 1995. "6^ Because Germany has a term of protection of 70 years, works which expired under a 50 years p. ma. term but which would have otherwise enjoyed protection in Germany (that is, works created by authors who died between 1925 and 1945) would be revived. The potentially vast impact of this revival mechanism is illustrated by a brief list of artists whose works could be subject to revival under the EC Term Directive: Paul Klee, Kandinsky, Munch, Mondrian, Picasso, James Joyce, D.H. Lawrence, A. Conan Doyle. By operation of the mandatory rule of the shorter term, discussed below, works by U.S. nationals will not benefit from this revival mechanism
The Directive does not retroactively shorten the term of protection for works whose term of protection is longer than 70 years p m a prior to the effective date of the EC Term Directive " However, as to works created in those countries after I July 1995, the term of protection will be 70 years p. ma.
**Tcrm Direclixe. supra note 2 at An 4
5V at Art. 1(2)
^Id a( Art l(-1)
6'w at An 8.
"w at Art. 10 (2).
"/rfat Art 10(1)
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