Legal Question in Intellectual Property in Virginia

The Time Period Before a German Author's Works Come Into the Public Domain
How many years does it take for a German author's works to come into the public domain? I wish to write a screenplay based on a short story written by a German author who died in 1826. (I realize that's 174 years ago, but I do not know a thing about German law). I came across the story in a compendium of the author's works published by a German publishing house in 1960. Is it necessary for me to secure permission from the publisher before I proceed with my project? (I have already made an inquiry with the German publishing house, but they have not responded). Please contact me if you know of anyone who could assist me. This project is very dear to me.

Asked on 3/18/00, 8:42 pm

2 Answers from Attorneys

Theresa Peeler Law Office of T. M. Peeler

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Re: The Time Period Before a German Author's Works Come Into the Public Domain

While the work in question may be in the public domain in this country to be safe and sure, you should check with German law regarding copyrights. While American copyright protections were extended by the Sonny Bono copyright act to 75 years after the death of the author/copyright owner, it may be different in Germany. Knowing this information is important because in 1994, President Clinton signed the Uruguay Round Agreements Act, (URAA) which has the effect of automatically restoring copyright protection to "certain foreign works that are in the public domain in the United States but are protected by copyright or neighboring rights in the source country." You will want to be sure that the work is not still under copyright protection in Germany since it may have been restored to copyright protection in this country.

Answered on 3/25/00, 4:21 pm

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