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Copyright and related rights: term of protection
SUMMARY OF:
Directive 2006/116/EC on the term of protection of copyright and certain related rights
WHAT IS THE AIM OF THE DIRECTIVE?
It seeks to harmonise the term of protection of copyright* and certain related rights*.
It codifies and repeals Directive 93/98/EEC which harmonised the term of protection of copyright and certain related rights.
KEY POINTS
The term of protection of copyright for a literary or artistic work is set at 70 years from:
- the death of the author of the work, or the death of the last surviving author in the case of a work of joint ownership;
- the date on which the work was lawfully made available to the public if it is anonymous or was produced under a pseudonym.
The term of protection for a film or audiovisual work is set at 70 years after the death of the last survivor among the following:
- the principal director;
- the author of the screenplay;
- the author of the dialogue; and
- the composer of music specifically created for use in the film or audiovisual work.
The directive was amended by Directive 2011/77/EU which extended the length of protection for music recordings. This was because performers often start their careers early, and the term of 50 years for fixations of performances, such as recordings, did not protect their performances for the full extent of their lifetime. Thus it extends the rights of performers and phonogram producers on music recordings from 50 to 70 years.
Directive 2011/77/EU also harmonises the way of calculating the term of protection for songs, and other musical compositions with words, created by several authors. The term of protection expires 70 years after the death of the last person to survive (i.e. of the author of the lyrics or the composer of the music).
Related rights
The term of protection of related rights (film producers and broadcasting organisations) is 50 years. This is calculated on a case-by-case basis from the date of the performance, the publication or communication of its fixation. The term of protection of performers and phonogram producers was extended to 70 years by Directive 2011/77/EU.
Calculating terms
The term of protection begins simultaneously in all EU countries. It is calculated from 1 January of the year following the event giving rise to it.
Protection of works originating in non-EU countries
If the work originates in a non-EU country and the author is not an EU national, the protection granted in the EU ends at the final date of protection in the country of origin, but must not exceed the term set in the EU.
Notification
EU countries must communicate to the European Commission immediately any plans for new related rights.
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 16 January 2007.
The Directive 2006/116/EC codifies and replaces Council Directive 93/98/EEC which had to become law in the EU countries by 1995.
BACKGROUND
For more information, see:
- EU copyright legislation (European Commission).
KEY TERMS
- contribute to making works available to the public; or
- produce subject matter which, although it does not qualify as ‘works’ under the copyright systems of all countries, expresses creativity or technical and organisational skill sufficient to justify recognition of a copyright-like property right.
MAIN DOCUMENT
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372, 27.12.2006, pp. 12-18)
Successive amendments to Directive 2006/116/EC have been incorporated into the original text. This consolidated version is of documentary value only.
last update 11.01.2019