2.6.2 Structure of the terms of copyright protection

Term of protection of works (excluding computer programs)

Author & date of death known Author unknown (=anonymous) or works under a pseudonym Author/legal successor is known but has been forgotten over the years

or isuntraceable (=orphan)

or known but the date of death is uncertain
Work published Protection expires 70 years after the death of the author

Art. 29 Para. 2 CopA

 Protection expires 70 years after first publication

Art. 31 Para. 1 CopA

If the identity of the author becomes known before this term expires,

the 70-year term of protection according to

Art. 29 Para. 1 CopA respectively Art. 29 Para. 3 CopA (assumed death) applies.

 If it has to be assumed that the author has been dead for more than 70 years,

protection expires 70 years after the assumed date of death.

Art. 29 Para. 3 CopA
Work unpublished Protection expires 70 years after the death of the author

Art. 29 Para. 2 CopA

 Perpetual protection

Unless the author’s date of death becomes known (Art. 29 Para. 1 CopA) or

you can assume that the author has been dead for more than 70 years.

Then protection expires 70 years after the assumed date of death

Art. 29 Para. 3 CopA

 Protection expires 70 years after the assumed date of death

Art. 29 Para. 3 CopA

Term of protection of computer programs

Author & date of death known Author unknown (=anonymous) or works under a pseudonym Author/legal successor is known but has been forgotten over the years or

is known but untraceable (=orphan), or
known but the date of death is uncertain
Work published Protection expires 50 years after the death of the author

Art. 29 Para. 2 CopA

 Protection expires 50 years after first publication

Art. 31 Para. 1 CopA

If the identity of the author becomes known before this term expires, the 50-year term of protection according to

Art. 29 Para. 1 CopA respectively Art. 29 Para. 3 CopA (assumed death) applies.

 If it has to be assumed that the author has been dead for more than 50 years, protection expires 50 years after the assumed date of death.

Art. 29 Para. 3 CopA
Work unpublished Protection expires 50 years after the death of the author

Art. 29 Para. 2 CopA

 Perpetual protection

Unless the author’s date of death becomes known (Art. 29 Para. 1 CopA) or you can assume that author has been dead for more than 50 years.

Then protection expires 50 years after the assumed date of death.

Art. 29 Para. 3 CopA

 Protection expires 50 years after the assumed date of death

Art. 29 Para. 3 CopA