As a result of the TRIPS minimum, copyright terms are now uniform around the world. Nonetheless the calculation of copyright terms is complex. Typical terms for the EU and U.S. are set out below:
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EUROPEAN UNION |
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Type of Work |
Term |
| Work of a Single Author |
Life of the Author + 70 Years
|
| Work of Joint Authorship (Multiple Authors)
|
Life of the Longest Lived Author + 70 Years |
| Pseudonymous work where real identity of the author is known or identifiable
|
Life of the Author + 70 Years |
| Pseudonymous work where author is genuinely anonymous
|
70 years after first publication |
| Collective Works—where contributors are not identified in published version
|
70 years after first publication |
| Joint works vested in a legal person (e.g., a company) where contributors are not identified in published version.
|
70 years after first publication |
| Segregable elements of a collective work
|
Life of each Author + 70 Years |
| Work published in episodes, installments, volumes or parts
|
Separate terms in accordance with the above rules, i.e., each installment, volume, or part is treated as distinct work for copyright purposes. |
| Unpublished works with term not calculated according to life of an author or authors
|
70 years from date of creation |
| Cinematographic or Audiovisual Works
|
Life of the last living of: (a) principle director; (b) author of the screenplay; (c) author of the dialogue; or (d) author of musical score |
| Performers’ performances
|
50 years after first performance—except that if it is first performed for the public during this period, 50 years from such public performance
|
| Phonograms, sound recordings |
50 years after first recording—except that if it is published during this period, 50 years from such publication
|
| Films (producer rights) |
50 years after fixing of the film; except that if it is published during this period, 50 years from such publication
|
| Broadcasts
|
50 years from first public transmission |
| Scientific Publications |
Member states may protect such works that have entered the public domain for 30 years
|
| Computer Generated Works
|
50 years from date of first compilation
|
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All European Terms are calculated from the January 1 date following the event that triggers the start of the term, e.g., if an author dies in June 2006, the copyright term is 70 years from January 1, 2007. |
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UNITED STATES |
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|
TYPE OF WORK |
TERM |
| Unpublished works—Single Author
|
Life of the Author + 70 Years |
| Unpublished works—Multiple Authors
|
Life of the Longest Lived Author + 70 Years |
| Unpublished anonymous and pseudonymous works, and works made for hire (corporate authorship)—except where author is identified to copyright office
|
120 Years from Date of Creation |
| Unpublished works when the death date of the author is not known
|
120 Years from Date of Creation |
| Published Works of a Single Author
|
Life of the Author + 70 Years |
| Published Works of Multiple Authors
|
Life of the Longest Lived Author + 70 Years |
| Original Designs
|
10 years from publication or first availability to the public
|
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U.S. terms expire on December 31st of the year in which they are calculated to expire, e.g., if an author dies in January 2006, the copyright will expire on December 31st 2076. |
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