Rule of the shorter term

The shorter term is a term of copyright which, provides for a term of protection for works that represent a spiritual creation. The shorter term reduced for foreign rights holders the term of protection in the long run force in the country of origin. In English it is called meaningful to the rule of the shorter period ( rule of the shorter term).

Article IV, paragraph 4 of the Universal Copyright Convention reads:

" No Contracting State shall be bound transmitter, a work for an extended protection to give than that which is set for plants of that species in the Contracting State in which the work was first published; "

The Revised Berne Convention provides for national treatment, foreign authors before, but restricts Article 7, Section 8 a:

" In all cases, the duration depends on the law of the country where protection is claimed; However, it exceeds, unless the legislation of that country otherwise provides, not fixed in the country of origin of the work period. "

After 3 Copyright Amendment Act of 23 June 1995 other EU citizens are treated in Germany in the German Copyright Act. § 120 of the Copyright Act states in part:

" German nationals enjoy copyright protection for all their works, regardless of whether and where the works have been published. [ ... ] German nationals are the same: [ ... ] a national of another Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area. "

Within the EU, so no copyright term comparison is made. The EU's term of protection directive such but most countries outside the EU.

Complicating the legal situation when bilateral agreements are taken into account ( eg the agreement between Germany and the U.S. by 1892).

The United States does not make the shorter term, but grant foreign authors usually the resident protection. Terms of protection in the U.S. were made ​​longer part by the Copyright Term Extension Act.