Publication right
Encyclopedia
The publication right is a copyright
granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. In practical terms, the publication right is the same as all the exploitative rights granted under copyright, but does not cover the moral rights.
Germany
has known the publication right since 1965, first with a term of 10 years since the publication, extended in 1990 to 25 years. With the EU Directive 93/98/EEC, the publication right was introduced in all countries of the European Union
with a 25-year term starting at the publication of the previously unpublished work. In the UK
, the publication right was introduced by the Copyright and Related Rights Regulations 1996, effective on December 1, 1996.
, article 23 of the March 11, 1957 Act granted a 50 year exploitation right term for posthumous works, vested in the author's successors if the work was made available to the public during the 50 years following the year of his death, and vested in the owner of the work after that period.
In 1985, the term was extended to 70 years for musical compositions with or without lyrics.
This article was codified as article L. 123-4 of the Intellectual property code in 1992.
In 1997, the exploitation right term of posthumous works was reduced to 25 years, if the work was first made available to the public after the 70 years following the year of the author's death, as a consequence of the implementation of the EU Directive 93/98/EEC. However, Article 10 of that directive states that : where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term of protection in that Member State.
The owner of a copy of a posthumous work, as distinguished from the owner of the original of the work, is vested with no such right, where the copy was transmitted without intent of transmitting such right.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. In practical terms, the publication right is the same as all the exploitative rights granted under copyright, but does not cover the moral rights.
Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
has known the publication right since 1965, first with a term of 10 years since the publication, extended in 1990 to 25 years. With the EU Directive 93/98/EEC, the publication right was introduced in all countries of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
with a 25-year term starting at the publication of the previously unpublished work. In the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the publication right was introduced by the Copyright and Related Rights Regulations 1996, effective on December 1, 1996.
France
In the French copyright lawFrench copyright law
The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions...
, article 23 of the March 11, 1957 Act granted a 50 year exploitation right term for posthumous works, vested in the author's successors if the work was made available to the public during the 50 years following the year of his death, and vested in the owner of the work after that period.
In 1985, the term was extended to 70 years for musical compositions with or without lyrics.
This article was codified as article L. 123-4 of the Intellectual property code in 1992.
In 1997, the exploitation right term of posthumous works was reduced to 25 years, if the work was first made available to the public after the 70 years following the year of the author's death, as a consequence of the implementation of the EU Directive 93/98/EEC. However, Article 10 of that directive states that : where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term of protection in that Member State.
The owner of a copy of a posthumous work, as distinguished from the owner of the original of the work, is vested with no such right, where the copy was transmitted without intent of transmitting such right.
External links
- Lydiate, H.: The New Right, 1997. URL last accessed November 26, 2009.