paragraph 1.

 

4. Where a Member State provides for
particular provisions on copyright in respect of collective works or for a
legal person to be designated as the rightholder, the term of protection shall
be calculated according to the provisions of paragraph 3,  except if the natural persons who have
created the work as such are identified as such in the versions of the work
which are made available to the public. This paragraph is without prejudice to
the rights of identified authors whose identifiable  contributions are included in such works, to which contributions
paragraph 1 or 2 shall apply.

 

5. Where a work is published in
volumes, parts, instalments, issues or episodes and the term of protection runs
from the time when the work was lawfully made available to the public, the term
of protection shall run for each such item separately.

 

6. In the case of works for which
the term of protection is not calculated from the death of the author or
authors and which have not been lawfully made available to the public within
seventy years from their creation, the protection shall terminate.                             

Article
2

Cinematographic or audiovisual works

1. The principal director of a
cinematographic or audiovisual work shall be considered as its author or one of
its authors. Member States shall be free to designate other co-authors.

 

2. The term of protection of
cinematographic or audiovisual works shall expire 70 years after the death of
the last of the following persons to survive, whether or not these persons are
designated as co-authors: the principal director, the author of the  screenplay, the author of the dialogue and
the composer of music specifically created for use in the cinematographic or
audiovisual work.                             


 

Article
3

 

Duration of related rights

 

1. The rights of performers shall
expire 50 years after the date of the performance. However, if a fixation of
the performance is lawfully published or lawfully communicated to the public
within this period, the rights shall expire 50 years from the  date of the first such publication or the
first such communication to the public, whichever is the earlier.

 

2. The rights of producers of
phonograms shall expire 50 years after the fixation is made. However, if the
phonogram is lawfully published or lawfully communicated to the public during
this period, the rights shall expire 50 years from the date of the  first such publication or the first such
communication to the public, whichever is the earlier.

 

3. The rights of producers of the first
fixation of a film shall expire 50 years after the fixation is made. However,
if the film is lawfully published or lawfully communicated to the public during
this period, the rights shall expire 50 years from the  date of the first such publication or the
first such communication to the public, whichever is the earlier. The
term'film' shall designate a cinematographic or audiovisual work or moving
images, whether or not accompanied by sound.

 

4. The rights of broadcasting
organizations shall expire 50 years after the first transmission of a
broadcast, whether this broadcast is transmitted by wire or over the air,
including by cable or satellite.                             

 

Article
4

Protection of previously unpublished
works

Any person who, after the expiry of
copyright protection, for the first time lawfully publishes or lawfully
communicates to the public a previously unpublished work, shall benefit from a
protection equivalent to the economic rights of the author. The  term of protection of such rights shall be
25 years from the time when the work was first lawfully published or lawfully
communicated to the public.                          

 

Article 5

Critical and scientific publications

Member States may protect critical
and scientific publications of works which have come into the public domain.
The maximum term of protection of such rights shall be 30 years from the time
when the

publication was first lawfully
published.                          

 

 Article 6

Protection of photographs

 

Photographs which are original in
the sense that they are the author's own intellectual creation shall be
protected in accordance with Article 1. No other criteria shall be applied to
determine their eligibility for protection. Member States may provide  for the protection of other
photographs.                          

 

Article 7

Protection vis-Е-vis third countries

 

1. Where the country of origin of a
work, within the meaning of the Berne Convention, is a third country, and the
author of the work is not a Community national, the term of protection granted
by the Member States shall expire on the date of expiry of  the protection granted in the country of
origin of the work, but may not exceed the term laid down in Article 1.

 

2. The terms of protection laid down
in Article 3 shall also apply in the case of rightholders who are not Community
nationals, provided Member States grant them protection. However, without
prejudice to the international obligations of the Member  States, the term of protection granted by
Member States shall expire no later than the date of expiry of the protection
granted in the country of which the rightholder is a national and may not
exceed the term laid down in Article 3.

 

3. Member States which, at the date
of adoption of this Directive, in particular pursuant to their international
obligations, granted a longer term of protection than that which would result
from the provisions, referred to in paragraphs 1 and 2 may  maintain this protection until the
conclusion of international agreements on the term of protection by copyright
or related rights.                             


 

Article 8

Calculation of terms

The terms laid down in this
Directive are calculated from the first 
day of January of the year following the event which gives rise to
them.                          

 

Article
9

Moral rights

 

This Directive shall be without
prejudice to the provisions of the Member States regulating moral rights.                          

 

Article
10

Application in time

 

1. 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.

 

2. The terms of protection provided
for in this Directive shall apply to all works and subject matter which are
protected in at least one Member State, on the date referred to in Article 13 (1),
pursuant to national provisions on copyright or related  rights or which meet the criteria for
protection under Directive 92/100/EEC.

 

3. This Directive shall be without
prejudice to any acts of exploitation performed before the date referred to in
Article 13 (1). Member States shall adopt the necessary provisions to protect
in particular acquired rights of third parties.

 

4. Member States need not apply the
provisions of Article 2 (1) to cinematographic or audiovisual works created
before 1 July 1994.

 

5. Member States may determine the
date as from which Article 2 (1) shall apply, provided that date is no later
than 1 July 1997.                             


 

Article 11

Technical adaptation

1.      Article 8 of Directive 91/250/EEC is hereby repealed.

2.      2. Articles 11 and 12 of Directive 92/100/EEC are hereby repealed.                             

 

Article 12

Notification procedure

Member States shall immediately
notify the Commission of any governmental plan to grant new related rights,
including the basic reasons for their introduction and the term of protection
envisaged.                          

 

Article 13

General provisions

1. Member States shall bring into
force the laws, regulations and administrative provisions necessary to comply
with Articles 1 to 11 of this Directive before 1 July 1995.

When Member States adopt these
provisions, they shall contain a reference to this Directive or shall be
accompanied by such reference at the time of their official publication. The
methods of making such

a reference shall be laid down by
the Member  States.

 

Member States shall communicate to
the Commission the texts of the provisions of national law which they adopt in
the field governed by this Directive.

 

2. Member States shall apply Article
12 from the date of notification of this Directive.                             

 Article 14

 

This Directive is addressed to the
Member States.

 

Done
at Brussels, 29 October 1993.

For
the Council

The
PresidentR. URBAIN