Publication right
Publication right is a type of
Germany
Germany has had the publication right since 1965, originally with a term of 10 years after the publication, but extended in 1990 to 25 years.[2]
France
In
In 1985, the term was extended to 70 years for musical compositions with or without lyrics.[4]
This article was codified as article L. 123-4 of the Intellectual property code in 1992.[5]
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
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.[7]
United Kingdom
The requirement of the
Under the 1996 rules - which were slightly amended again by the Copyright and Related Rights Regulations 2003[10] - the right was granted to anyone who makes available to the public for the first time a previously-unpublished out-of-copyright work with the permission of the owner of the corresponding physical medium. Making available to the public includes such acts as issuing copies, making the work available online, and exhibiting the work in public.
Publication right expires at the end of the period of 25 years from the end of the calendar year in which the work was first published.[11]
No publication right can arise from the publication of a work in which Crown copyright or Parliamentary copyright subsisted.[12]
See also
- Editio princeps
- First edition
References
- ^ European Union: Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, 1993. Paragraph 4 defines the publication right. URL last accessed April 13, 2006.
- ^ JuraWiki: Editio princeps. The publication right itself is defined in German law in Urhg §71. URLs last accessed April 13, 2006.
- ^ Journal officiel de la République française, 14 mars 1957, p. 02725.
- ^ Loi n°85-660 du 3 juillet 1985 relative aux droits d'auteur et aux droits des artistes-interprètes, des producteurs de phonogrammes et de vidéogrammes et des entreprises de communication audiovisuelle p. 07495
- ^ legifrance.gouv.fr, Loi n°92-597 du 1 juillet 1992 relative au code de la propriété intellectuelle (partie législative)
- ^ European Union: Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, 1993
- ^ Cour de Cassation, Première Chambre civile, 9 novembre 1993, 91-16.286
- ^ UK Parliament, Statutory Instrument 1996 No. 2967: The Copyright and Related Rights Regulations 1996, 1996. Paragraphs 16 and 17 define the publication right. URL last accessed September 9, 2012.
- ^ "Copyright, Designs and Patents Act 1988". Retrieved 12 January 2015.
- ^ "Copyright and Related Rights Regulations 2003". Retrieved 12 January 2015.
- ^ "Copyright and Related Rights Regulations 1996, s16(6)". Retrieved 12 January 2015.
- ^ "Copyright and Related Rights Regulations 1996, s16(5)". Retrieved 12 January 2015.
External links
- Lydiate, H.: The New Right, 1997. URL last accessed November 26, 2009.