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 than 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 the 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 sub-paragraphs (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 work, 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belongs, in the case of unpublished works by the law of the Contracting State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 sub-paragraph (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.
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