Copyright Questionnaire 2017
Duration of copyright
34 When does copyright protection begin?
The general rule is that copyright protection begins as of the moment of creation of a work subject to no further formalities whatsoever.
Following some controversial amendments introduced in 2011, it seems that in certain cases an approval (for architectural projects and spatial planning projects) or registration (for architectural works) may be required. It is unclear whether such an approval or registration is the moment as of which copyright protection actually begins or only serves as a requirement for the arising of copyright protection as of the creation of the work, or is simply an administrative requirement.
The beginning of neighbouring rights protection depends on the particular category of neighbouring rights.
35 How long does copyright protection last?
The general rule is that copyright lasts during the author’s lifetime and 70 years after the author’s death. In terms of the relevant event that conditions the beginning of the 70 years, some special rules exist for co-authorship, musical works with words, musical-dramatic works, computer programs created in an employment context, anonymous and pseudonymous works and films and collection works. The 70 years in any case are deemed to begin on 1 January of the year following the year in which the relevant event occurred (eg, author’s death, etc).
There are two moral rights, which, by exception, are not limited in time – the right for the author’s name, pseudonym or other identifying sign to be indicated in the respective manner upon each use of the work; and the right to preserving the integrity of the work and to object to any modifications of or any derogatory action in relation to the work which would be prejudicial to the author’s legitimate interests and personal dignity. After the duration of the copyright has elapsed, those two moral rights may be exercised by the Ministry of Culture or the respective collective management organisation (if during the author’s lifetime the author (or their successors) was a member of such an organisation).
Neighbouring rights protection generally lasts for 50 years. However, under certain circumstances, the term of protection for some of the categories (rights of artists-performers and producers of phonograms) may be extended to 70 years (based on transposition of Directive 2011/77/EU). The relevant event differs depending on the category of neighbouring rights and the 50 or 70 years are deemed to begin on 1 January of the year following the year in which the relevant event occurred.
36 Does copyright duration depend on when a particular work was created or published?
The copyright protection for a computer program created in an employment context, and anonymous and pseudonymous works not disclosing the author’s identity, is 70 years as of the moment the work is first lawfully made available to the public.
37 Do terms of copyright have to be renewed? How?