Legal Definitions - rule of the shorter term

Term: rule of the shorter term

The rule of the shorter term is a principle in international copyright law, particularly relevant among countries that are signatories to certain treaties like the Universal Copyright Convention. It addresses how long a copyrighted work is protected when it crosses international borders. This rule allows a country to limit the duration of copyright protection for a foreign work to the term of protection granted in the work's country of origin, even if the protecting country's own laws would normally provide a longer period of protection.

Essentially, when a copyrighted work from one country is protected in another, the protecting country is not obligated to grant a longer copyright term than the work receives in its home country. It can choose to apply the shorter of the two terms: its own domestic term or the term from the work's country of origin.

Here are some examples to illustrate this concept:

• Example 1: A Novel Published Abroad

  Imagine an author from Country A publishes a novel. In Country A, copyright protection for literary works lasts for the author's life plus 50 years. This novel is then distributed and protected in Country B, where copyright law typically grants protection for the author's life plus 70 years. Under the rule of the shorter term, Country B is not required to protect the novel for the full 70 years after the author's death. Instead, it can choose to apply the shorter term of 50 years, matching the protection period granted in Country A, the work's country of origin.

• Example 2: An Old Photograph Series

  Consider a collection of historical photographs first published in Country C, where photographic works receive copyright protection for 25 years from publication. These photographs become popular and are later exhibited and reproduced in Country D, which typically grants copyright protection for photographs for 70 years from publication. Applying the rule of the shorter term, Country D can decide to protect these specific foreign photographs only for 25 years, aligning with the duration of protection they receive in Country C, rather than extending its own longer 70-year term.

• Example 3: A Musical Composition

  A composer from Country E creates a musical piece. In Country E, musical compositions are protected for 60 years after the composer's death. This composition gains international acclaim and is performed and recorded in Country F, where the standard copyright term for music is the composer's life plus 70 years. According to the rule of the shorter term, Country F has the option to limit the copyright protection for this particular composition to 60 years after the composer's death, matching the term provided in Country E, even though its domestic law would typically offer a longer period.