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As artworks enter public domain, rules remain confusing

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The New York Times bericht: "Piet Mondrian, the Dutch modern master, died 71 years ago. Are his works now copyright-free? [...]

European copyright law, established under the Berne Convention and harmonized across all members of the European Union in 1993, says that works of art and literature are free of copyright 70 years after the death of their creator, with the term of copyright expiring on Jan. 1 the following year.

United States copyright law, under the Uruguay Rounds Agreement Act of 1996, extends to 95 years copyrights for images “by foreign artists created and first reproduced and published in another country between 1923 and 1978.” The statute requires that “publication date” be determined for each work individually.

Publication dates for Mondrian’s works are not always obvious, Mr. Tempel said. For example, should “Victory Boogie Woogie,” which was never completed, be considered “published” on the day Mondrian died, the day the work was discovered on his easel, or when it was first documented in a photograph?"

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