Publication right

Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but national laws were in 1993 required to be harmonized by EU Directive 93/98/EEC to a standard period of 25 years from first publication.

Germany has had the publication right since 1965, first with a term of 10 years after the publication, extended in 1990 to 25 years.

In the French copyright law, article 23 of the March 11, 1957 Act granted a 50-year exploitation right term for posthumous works, vested in the author's successors if the work was made available to the public during the 50 years following the year of his death, and vested in the owner of the work after that period.

In 1985, the term was extended to 70 years for musical compositions with or without lyrics.

This article was codified as article L. 123-4 of the Intellectual property code in 1992.

In 1997, the exploitation right term of posthumous works was reduced to 25 years, if the work was first made available to the public after the 70 years following the year of the author's death, as a consequence of the implementation of the EU Directive 93/98/EEC. However, Article 10 of that directive states that : where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term of protection in that Member State.

The owner of a copy of a posthumous work, as distinguished from the owner of the original of the work, is vested with no such right, where the copy was transmitted without intent of transmitting such right.

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