1.6 Specifics of legislation: example of the term of protection of a work
How important it is to determine the applicable law can be exemplified by the duration of the protection. The following table provides a comparison between the different cases and their duration of protection in the three countries: Switzerland, France and USA:
| Swiss law (Swiss Copyright Act) | French law (French Intellectual Property Code) | US law (Copyright Act) | |
| Natural persons | 50 years after the death of the author for computer software.
70 years from the death of the author (Article 29) for all other works. |
70 years from the death of the author (L. 123-1) excluding works created before 1945 | Works created in or after 1978: 70 years from the date on which the right of initial publication was granted (§ 302) |
| Unknown/anonymous author | For unknown authors, 70 years from the date on which the right of initial publication was granted (Article 31). | 70 years from the work’s publication date (L. 123-2), excluding works created before 1945 | Works created in 1978 or later: 95 years from the publication date or 120 years after the work’s creation, whichever expires first (§ 302c) |
| Multiple authors | 50 years from the death of the author or the death of the last surviving co-author for computer software; 70 years from the death of the author or the death of the last surviving co-author for all other works (Article 30). | 70 years from the death of the last co-author (L123-1), excluding works created before 1945 | 70 years from the death of the last co-author (§302 b). |
Term of protection of works created before 1945 in France:
For musical works (Articles L. 123-8 to L. 123-10)
| Date of the work’s creation | General cases | Author “died in action or similar for France” |
| 1919 or earlier | 80 years from the death of the author | 110 years from the death of the author |
| Between 1920 and 1944 | 75 years from the death of the author | 105 years from the death of the author |
General cases (excludes musical works) (Articles L123-8 à L123-10)
| Date of the author’s death |
Date of the work’s creation | General cases |
Author “died in action or similar for France” |
| Before 1934 | 1919 or earlier | 60 years from the death of the author | 90 years from the death of the author |
| Between 1920 and 1944 | 55 years from the death of the author | 85 years from the death of the author | |
| Between 1934 and 1940 | 1919 or earlier | 70 years from the death of the author | 90 years from the death of the author |
| Between 1920 and 1944 | 55 years from the death of the author | 85 years from the death of the author | |
| After 1940 | 1919 or earlier | 70 years from the death of the author | 90 years from the death of the author |
| Between 1920 and 1944 | 70 years from the death of the author | 85 years from the death of the author |