In accordance with Article 18 of the Berne Convention, the 1995 Copyright Act provides full retroactive protection for works, performances and phonograms from other WTO Members (see Article 193(1) and (2)).
Works:
The 70 year term of protection extends to works that were enjoying protection under the former copyright legislation. Thus the present retroactive protection applies to works, the author of which has died in 1925 or later, provided that they have not fallen in the public domain before 1995 (the year of the entry into force of the Copyright Act) under the former 50 year term.
Performances:
The 50 year term of protection extends to performances that were enjoying protection under the former copyright legislation. Thus, the present retroactive protection applies to performances, which were fixed, performed or broadcast in 1990 or later.
Phonograms:
The 50 year term of protection extends to phonograms, which were first fixed in 1975 or later.