Templet:PD Egypt/doc

Non-retroactivity of the 2002 law

The non-retroactivity of the 2002 law is mentioned in the Special 301 Report on Egypt issued on February 18, 2010 by the International Intellectual Property Alliance, which states that "there is no provision in the Code ensuring that pre-existing works and the objects of neighboring rights (including sound recordings) receive full retroactive protection as required under TRIPS Articles 9.1 and 14, and Berne Article 18" (p. 181). After checking the issue with a copyright lawyer, Arabic-speaking Commons administrator Tarawneh also confirmed in July 2007 that the new law was not retroactive.

Definition of non-creative works

The 1954 law provided for a shorter term of protection for "works of photography and audiovisual works that are not of creative character and merely consist of a mechanical reproduction of manāzer." The Arabic word manāzer (مناظر) is generally translated as scenes, although it can have several other meanings, as evidenced by its definition on Wiktionary. See this page for similar situations in other countries where shorter terms of protection are applied to so-called simple photographs.

Term of protection for Type A works

Non-creative photographic and audiovisual works were only protected for 15 years from publication under the 1954 law (Art. 20, § 1). Works published prior to 1981 were thus in the public domain on the URAA date (January 1, 1996). Works published prior to 1987 were in the public domain on the date of entry into force of the new Egyptian Intellectual Property Law (June 3, 2002).

Term of protection for Type B works

The general term of protection under the 1954 law lasted for 50 years after the author's death (Art. 20, § 1), including for works published posthumously (Art. 22). Any work whose author(s) died prior to 1946 was thus in the public domain on the URAA date (January 1, 1996), regardless of its publication date. The new Intellectual Property Law 82 of 2002 retains this 50-year p.m.a. term of copyright protection (Art. 160).

Term of protection for Type C works

The term of protection for anonymous and pseudonymous works under the 1954 law lasted for 50 years from the date of first publication (Art. 21). All such works published prior to 1946 were thus in the public domain on the URAA date (January 1, 1996). The new Intellectual Property Law 82 of 2002 continues to protect anonymous and pseudonymous works for 50 years from the date on which they were published or made available to the public for the first time, whichever comes first (Art. 163).

Term of protection for Type D works

Works whose copyright was held by a legal person were protected for 50 years from publication under the 1954 law (Art. 20, § 2). This term of protection of 50 years from publication was only applied to collective works made under the direction of a legal person; collective works made under the direction of a natural person received the ordinary term of protection of 50 years p.m.a., the copyright holder being granted all of the author's rights (Art. 27). The new Intellectual Property Law 82 of 2002 contains similar provisions for collective works, whereby the term of protection lasts for 50 years p.m.a. if the copyright holder is a natural person, and for 50 years from the date of publication or public availability (whichever comes first) if the copyright holder is a legal entity (Art. 162). These provisions apply "provided that the contributions of the participants in such work are integrated in the general objective set by that [natural] person or legal entity, in such a manner that it is impossible to distinguish the individual contribution of each" (Art. 138, § 4).