Commons:Copyright rules by territory/Bailiwick of Guernsey

This page provides an overview of copyright rules of the Bailiwick of Guernsey relevant to uploading works into Wikimedia Commons. Note that any work originating in the Bailiwick of Guernsey must be in the public domain, or available under a free license, in both Guernsey and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Guernsey, refer to the relevant laws for clarification.

Governing laws

Guernsey is a "territory for which the United Kingdom is responsible" rather than a sovereign state.[1] It is not a member of the World Intellectual Property Organization (WIPO).[2] Copyright laws are defined by the Copyright (Bailiwick of Guernsey) Ordinance, 2005.[3] The extent of law covers the whole Bailiwick, and therefore covers Guernsey, Sark, and Alderney (and for the avoidance of doubt, Herm, Jethou, Brecqhou, Burhou and any other territories of the Bailiwick).

General rules

Under the Copyright (Bailiwick of Guernsey) Ordinance, 2005,

  • Copyright in literary, dramatic, musical or artistic works expires at the end of the period of 70 years from the end of the calendar year in which the author dies.[2005 Section 13 (1)]
  • If the work is of unknown authorship, copyright expires at the end of the period of 70 years from the end of the calendar year in which the work was made, or if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.[2005 Section 13 (3)]
  • If the work is computer-generated, copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[ Section 13 (7)]
  • For a work of joint authorship, copyright expires at the end of the period of 70 years from the end of the calendar year in which the last surviving known author dies.[2005 Section 13 (8)]
  • For sound recordings, copyright expires at the end of the period of 50 years from the end of the calendar year in which the recording is made, published or communicated to the public, whichever is later.[2005 Section 14]
  • For films, copyright expires as with a work of joint authorship, where the co-authors are considered to be the principal director, the author of the screenplay, the author of the dialogue, and the composer of music specially created for and used in the film.[2005 Section 15]

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

  OK: for buildings, sculptures and works of artistic craftsmanship.   Not OK: for photographs, paintings etc.

Under the Copyright (Bailiwick of Guernsey) Ordinance, 2005, 82: representation of certain artistic works on public display",

  • This section applies to (a) buildings, and (b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[2005 Section 82(1)]
  • The copyright in any of those works is not infringed by (a) making a graphic work representing it (b) making a photograph or film of it, or (c) making a broadcast of a visual image of it.[2005 Section 82(2)]
  • Nor is the copyright infringed by the issue to the public of copies, or the communication to the public, of anything whose making was, by virtue of this section, not an infringement of the copyright.[2005 Section 82(3)]

Citations

  1. Fact sheet on the UK's relationship with the Crown Dependencies. Ministry of Justice. Retrieved on 25 August 2014.
  2. WIPO Lex. Retrieved on 2018-11-04.
  3. Copyright (Bailiwick of Guernsey) Ordinance, 2005. Royal Court of Guernsey and the Law Officers of the Crown. Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer