マサさん、あわのさん、おはようございます。
あわのさんの投稿を読んで、ベルヌ条約の該当箇所を探してみました。
・一般的な著作権の最短の保護期間は著作者の死後50年である・・・(1)
・それより長い期間を定めることも許容・・・(6)
・相互主義により外国の保護期間を適用する・・・(8)
Article 7
Term of Protection:
1. Generally; 2. For cinematographic works; 3. For anonymous and pseudonymous works;
4. For photographic works and works of applied art; 5. Starting date of computation;
6. Longer terms; 7. Shorter terms; 8. Applicable law; “comparison” of terms
(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
(2) However, in the case of cinematographic works, the countries of the Union may provide that the term of protection shall expire fifty years after the work has been made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, fifty years after the making.
(3) In the case of anonymous or pseudonymous works, the term of protection granted by this Convention shall expire fifty years after the work has been lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, the term of protection shall be that provided in paragraph (1). If the author of an anonymous or pseudonymous work discloses his identity during the above-mentioned period, the term of protection applicable shall be that provided in paragraph (1). The countries of the Union shall not be required to protect anonymous or pseudonymous works in respect of which it is reasonable to presume that their author has been dead for fifty years.
(4) It shall be a matter for legislation in the countries of the Union to determine the term of protection of photographic works and that of works of applied art in so far as they are protected as artistic works; however, this term shall last at least until the end of a period of twenty-five years from the making of such a work.
(5) The term of protection subsequent to the death of the author and the terms provided by paragraphs (2), (3) and (4) shall run from the date of death or of the event referred to in those paragraphs, but such terms shall always be deemed to begin on the first of January of the year following the death or such event.
(6) The countries of the Union may grant a term of protection in excess of those provided by the preceding paragraphs.
(7) Those countries of the Union bound by the Rome Act of this Convention which grant, in their national legislation in force at the time of signature of the present Act, shorter terms of protection than those provided for in the preceding paragraphs shall have the right to maintain such terms when ratifying or acceding to the present Act.
(8) In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P127_22000あわの さんが書きました:上記を読むと、「太宰治の作品は日本で保護期間が50年なので、アメリカで70年でも、50年を超えて保護されることはない」と読めるんですが・・・。どうでしょう?
私もそう読めます。
MIKI