(1) The
term of protection granted by this
Convention shall be the
life of the
author and fifty
years after his
death.
(2) However, in the
case of
cinematographic works, the
countries of the
Union may provide that the
term of protection shall expire fifty
years after the
work has been made available to the
public with the
consent of the
author, or, failing such an
event within fifty
years from the making of such a
work, fifty
years after the making.
(3) In the
case of
anonymous or
pseudonymous works, the
term of protection granted by this
Convention shall expire fifty
years after the
work has been lawfully made available to the
public. However, when the
pseudonym adopted by the
author leaves no doubt as to his
identity, the
term of protection shall be that provided in paragraph (1). If the
author of an
anonymous or
pseudonymous work discloses his
identity during the above-mentioned
period, the
term of protection applicable shall be that provided in paragraph (1). The
countries of the
Union shall not be required to
protect anonymous or
pseudonymous works in
respect of which it is
reasonable to presume that their
author has been
dead for fifty
years.
(4) It shall be a matter for
legislation in the
countries of the
Union to determine the
term of protection of
photographic works and that of
works of applied art in so far as they are
protected as
artistic works; however, this
term shall last at least until the end of a
period of twenty-five
years from the making of such a
work.
(5) The
term of protection subsequent to the
death of the author and the
terms provided by paragraphs (2), (3) and (4), shall run from the
date of death or of the
event referred to in those paragraphs, but such
terms shall always be deemed to begin on the 1 st of January of the
year following the
death or such
event.
(6) The
countries of the
Union may
grant a
term of protection in excess of those provided by the preceding paragraphs.
(7) Those
countries of the
Union bound by the
Rome Act of this
Convention, which
grant, in their
national legislation in
force at the
time of
signature of the present
Act, shorter
terms of
protection than those provided for in the preceding paragraphs, shall have the
right to maintain such
terms when
ratifying or
acceding to the present
Act.
(8) In any
case, the
term shall be
governed by the
legislation of the
country where
protection is claimed; however, unless the
legislation of that
country otherwise provides, the
term shall not exceed the
term fixed in the
country of origin of the
work.