The rule of the shorter term is a copyright provision that stipulates that a work is not required to be protected for a longer duration in a country other than the one where it was initially published. In other words, if a book is granted 50 years of protection in one country, another country is not obligated to provide protection for more than 50 years.
The Rule of the Shorter Term, a provision of the Universal Copyright Convention, states that a work cannot receive a longer period of protection in a country than it does in the country where it was first published. For instance, if a book is initially published in the United States and is protected by copyright for 70 years after the author’s death, but in Canada, the same book is only protected for 50 years after the author’s death, then the book will only be protected for 50 years in the United States if it is published there. This rule is significant as it ensures consistency in copyright protection across different countries and prevents a work from being excessively protected for an extended period in a country where it was not first published.
The Rule of the Shorter Term is a legal principle that applies to copyright law, stating that if a work is protected by copyright in one country but has already entered the public domain in another country, the shorter term of protection applies.
It means that if a work is still under copyright protection in one country but has already entered the public domain in another, the work can be used without permission in the country where it is in the public domain.
Yes, the Rule of the Shorter Term applies to all types of copyrighted works, including literary, artistic, musical, and dramatic works.
Yes, you can use the work without permission in the country where it is in the public domain, but you still need to comply with any other applicable laws, such as moral rights or related rights.
You should consult the copyright laws of the specific country to determine the duration of copyright protection for the work.
It is important to note that the Rule of the Shorter Term may not apply in all countries, and some countries may have different rules for determining the duration of copyright protection.
You should be cautious when using a work that is in the public domain in one country but still under copyright protection in another, as you may still be subject to copyright laws in the country where the work is protected.
The Rule of the Shorter Term helps to harmonize copyright laws across different countries and allows for greater access to works that have entered the public domain in one country.
There may be exceptions or limitations to the Rule of the Shorter Term in certain countries, so it is important to consult the specific copyright laws of each country.
It is always advisable to seek legal advice when dealing with copyright issues, especially when relying on the Rule of the Shorter Term, as copyright laws can be complex and vary from country to country.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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