ARTICLE IV

1. The duration of protection of a work shall be governed, in

accordance with the provisions of Article II and this Article, by the

law of the Contracting State in which protection is claimed.

2. (a) The term of protection for works protected under this Convention

shall not be less that the life of the author and twenty-five years

after his death. However, any Contracting State which, on the

effective date of this Convention in that State, has limited this term

for certain classes of works to a period computed from this first

publication of the work, shall be entitled to maintain these exceptions

and to extend them to other classes of works. For all these classes

the term of protection shall not be less than twenty-five years from

the date of first publication.

(b) Any Contracting State which, upon the effective date of this

Convention in that State, does not compute the term of protection upon

the basis of the life of the author, shall be entitled to compute the

term of protection from the date of the first publication of the work

or from its registration prior to publication, as the case may be,

provided the term of protection shall not be less than twenty-five

years from the date of first publication or from its registration prior

to publication, as the case may be.

(c) If the legislation of a Contracting State grants two or more

successive terms of protection, the duration of the first term shall

not be less than one of the minimum periods specified in subparagraphs

(a) and (b).

3. The provisions of paragraph 2 shall not apply to photographic works

or to works of applied art; provided, however, that the term of

protection in those Contracting States which protect photographic

works, or works of applied art in so far as they are protected as

artistic works, shall not be less than ten years for each of said

classes of works.

4. (a) No Contracting State shall be obliged to grant protection to a

work for a period longer than that fixed for the class of works to

which the work in question belongs, in the case of unpublished works by

the law of the Contracting State of which the author is a national, and

in the case of published works by the law of the Contracting State in

which the work has been first published.

(b) For the purposes of the application of subparagraph (a), if the law

of any Contracting State grants two or more successive terms of

protection, the period of protection of that State shall be considered

to be the aggregate of those terms. However, if a specified work is

not protected by such State during the second or any subsequent term

for any reason, the other Contracting States shall not be obliged to

protect it during the second or any subsequent term.

5. For the purposes of the application of paragraph 4, the work of a

national of a Contracting State, first published in a non-Contracting

State, shall be treated as though first published in the Contracting

State of which the author is a national.

6. For the purposes of the application of paragraph 4, in case of

simultaneous publication in two or more Contracting States, the work

shall be treated as though first published in the State which affords

the shortest term; any work published in two or more Contracting States

within thirty days of its first publication shall be considered as

having been published simultaneously in said Contracting States.

The Universal Copyright Convention (1988) · 第 9 / 36 题