Translations:Commons:Copyright rules by territory/Consolidated list Northern Europe/2/zh

文本嵌入自
COM:Denmark

丹麥

This page provides an overview of copyright rules of Denmark relevant to uploading works into Wikimedia Commons. Note that any work originating in Denmark must be in the public domain, or available under a free license, in both Denmark 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 Denmark, refer to the relevant laws for clarification.

管辖法律 edit

Denmark has been a member of the Berne Convention since 1 July 1903, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Consolidated Act on Copyright (Consolidated Act No. 1144 of October 23, 2014) as the main IP law enacted by the legislature of Denmark.[1] WIPO holds the text of this law in their WIPO Lex database.

[2]

This Act does not extend to the Faeroe Islands but may by Royal Ordinance be brought into full or partial operation in the Faeroe Islands, subject to such modifications as required by the special conditions obtaining in the Faeroe Islands.[1144/2014 Art.93] The act does apply to Greenland with minor modifications. The Compendium of Cultural Policies and Trends provides a commentary on Danish copyright law.

[3]

一般规则 edit

Under the Consolidated Act No. 1144 of 23 October 2014,

  • The copyright in a work lasts for 70 years after the year of the author’s death, or with joint works for 70 years after the year of death of the last surviving author.[1144/2014 Art.63(1)]
  • With cinematographic works, copyright lasts for 70 years after the year of death of the last survivor of the principal director; the author of the script; the author of the dialogue; and the composer of music specifically created for use in the cinematographic work.[1144/2014 Art.63(1)]
  • Copyright of a musical work with lyrics where both lyrics and musical work have been created specifically for the work in question lasts until 70 years have passed from the year of death of the longest-living of the author and the composer.[1144/2014 Art.63(2)]
  • Where a work is made public without indication of the author’s name, generally known pseudonym or signature, copyright lasts for 70 years after the year in which the work was made public.[1144/2014 Art.63(3)]
  • Copyright in a work of unknown authorship that has not been made public lasts 70 years after the end of the year in which the work was created.[1144/2014 Art.63(5)]

摄影 edit

Under the Consolidated Act No. 1144 of 23 October 2014,

  • The person creating a literary or artistic work shall have copyright therein, be it ... a cinematographic or photographic work ...[1144/2014 Art.1(1)]
  • The rights in a photographic picture shall last until 50 years have elapsed from the end of the year in which the picture was taken.[1144/2014 Art.70(2)]
  • If a photographic picture is subject to copyright according to section 1, this right may also be exercised.[1144/2014 Art.70(3)]
  • The provision of this law (Section 70) shall not apply to photographic pictures made before 1 January 1970,[1144/2014 Art.89(5)] that is, such pictures are covered by the previous law from 1993, which specifies protection tern of 25 years after the end of the year in which the image was produced.[8]

The definition of a photographic work, as opposed to image is not precisely defined. However Peter Schønning, a Danish copyright lawyer, states that for a photograph to be a photographic work it must display "the author's own intellectual creation and reflects his personality". Lacking actual court decisions however, interpretation is still subjective.

地图 edit

Certain maps produced by the Danish government in 1814 or later are subject to perpetual copyright.

[4][5]

This is covered by section 92 of the Danish copyright law. Currently, all maps made by da:Det Kongelige Søkort-Arkiv in 1814 or later, all maps made by da:Generalstabens topografiske Afdeling in 1831 or later and all maps made by their successors remain copyrighted in Denmark. The rights currently belong to da:Styrelsen for Dataforsyning og Effektivisering.

Not protected edit

Under the Consolidated Act No. 1144 of 23 October 2014: Acts, administrative orders, legal decisions and similar official documents are not subject to copyright. This does not apply to works appearing as independent contributions in these documents, but such works may be reproduced in connection with the documents.[1144/2014 Art.9]

版权标签 edit

  • {{PD-Denmark}} – for "photographic works of art" in the public domain according to Danish law.
  • {{PD-Denmark50}} – for "photographic images not considered to display artistic merit or originality" that were created before 1 January 1970.
  • {{PD-DenmarkGov}} – for "acts, administrative orders, legal decisions and similar official documents," but not "works appearing as independent contributions in the [aforementioned] documents."
  • {{DGA map}} – for media in either full extent or partially based in Danish Geodata Agency open public geographic data. This tag does not preclude use of other copyright tags.
  • {{Statistics Denmark}} – for media in either full extent or partially based on information from Statistics Denmark. This tag does not preclude use of other copyright tags.
  • {{PD-DK-expired}} – for works where all authors have been dead for 70 years, which is the maximum amount of copyright allowed according to the 2023 law.

货币 edit

 不可以. The National Bank of Denmark states:

  • Danmarks Nationalbank regularly receives requests from firms and private individuals about reproduction of banknotes and coins. Any reproduction of money should always be considered carefully since it is a criminal offence to imitate and/or copy money in such a way they can be mistaken for genuine money. Moreover, Danmarks Nationalbank's copyright to the banknote and coin designs must be respected.

[6][7]

全景自由 edit

The Little Mermaid

Under the Consolidated Act No. 1144 of 23 October 2014,

  • Buildings may be freely reproduced in pictorial form and then made available to the public."[1144/2014 Art.24(3)]
  • Works of art may be reproduced in pictorial form and then made available to the public if they are permanently situated in a public place or road. The provision of the first sentence shall not apply if the work of art is the chief motif and its reproduction is used for commercial purposes."[1144/2014 Art.24(2)]

The famous statue of The Little Mermaid by sculptor Edvard Eriksen (1876–1959) is protected by copyright until 2029[8], and pictures where it is the main motif cannot be used for commercial purposes.[9]

Stamps edit

There appears to be no specific provision in the law for stamps and there are no special rules for works created by the government. So stamps are copyrighted following the normal terms of Life + 70 years after the death of the artist or Create/Publish + 70 years if they are created anonymously.

原创门槛 edit

Status Example Notes
可以
Three fonts not eligible for copyright protection (Supreme Court 30 June 2006, U2006.2697H). Two other fonts were found eligible for copyright.
可以
Sketches of windows and doors not eligible for copyright protection (The Maritime and Commercial Court 8 August 2003.)[10][11]
可以
The WWF panda logo is not protected by copyright[12]
 不可以
The GLOBAL knife design is copyright protected in Denmark.[13]
 不可以
A specific chair design (Tripp Trapp).[14]

参见 edit

引用 edit

  1. a b Denmark Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Consolidated Act on Copyright (Consolidated Act No. 1144 of October 23, 2014). Denmark (2014). Retrieved on 2018-11-11.
  3. Denmark/ 5.1 General legislation. Compendium of Cultural Policies and Trends. Retrieved on 2019-02-10.
  4. Plakat ang. efterstikning af topografiske kort. retsinformation.dk. Retrieved on 2019-02-10.
  5. Plakat ang. efterstikning af søkort. retsinformation.dk. Retrieved on 2019-02-10.
  6. Reproduction of banknotes and coins. Danmarks Nationalbank. Retrieved on 2019-03-24.
  7. Wikipedia:Landsbybrønden/Forespørgsel til Danmarks Nationalbank (Landsbybrønden / Inquiry to Danmarks Nationalbank)
  8. Strid mellem dagblad og arvinger til Den lille havfrue er slut: 'Afgørelsen er utrolig vigtig', Danmarks Radio
  9. Jakob Kehlet (30.07.2007). Havfruens arvinger tjener fedt på ophavsret (in Danish). Journalisten. Retrieved on 2019-03-24.
  10. V-74-01 Jydsk Vindueskompagni mod Bering Byg (pdf). Retrieved on 17 April 2020.
  11. 3 February 2004 (V 98/01))
  12. Sø- og Handelsretten (The Maritime and Commercial Court) in March 1998, U 1998:946 S and NIR 69:3, p. 413-418 [2000]
  13. Violation of the copyright of the Global Knife Series. Supreme Court (19-09-2011). Archived from the original on October 9, 2015. Retrieved on 2019-03-24. "Det var for Højesteret ubestridt, at Global-knivene er ophavsretligt beskyttet i medfør af ophavsretslovens § 1. Højesteret udtalte, at Global-knivene som brugskunst er beskyttet mod meget nærgående efterligninger. Højesteret fandt, at Royal-knivenes design ikke indebar en tilstrækkelig frigørelse fra det særegne ved Global-knivenes udformning, men måtte anses som en meget nærgående efterligning. (It was undisputed to the Supreme Court that the Global blades are protected by copyright under section 1 of the Copyright Act. The Supreme Court stated that the Global blades as a utility art are protected from very close imitations. The Supreme Court found that the design of the Royal blades did not sufficiently differ from the distinctive nature of the design of the Global blades, and had to be regarded as a very close imitation."
  14. Infringement of the Copyright Act Case 306/2009. Supreme Court (28-06-2011). Retrieved on 2019-03-24.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Estonia

愛沙尼亞

This page provides an overview of copyright rules of Estonia relevant to uploading works into Wikimedia Commons. Note that any work originating in Estonia must be in the public domain, or available under a free license, in both Estonia 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 Estonia, refer to the relevant laws for clarification.

背景 edit

Estonia declared independence from Russia on 24 February 1918.

  • In 1940, the country was annexed and occupied by the Soviet Union, which "incorporated" into the USSR as the Estonian Soviet Socialist Republic on 21 July 1940.
  • Estonia was occupied by Germany between 1941 and 1944.
  • For a few days after the German forces left, Estonia was free.
  • The country was then reoccupied by the Soviet Union until 1991. The Soviet occupation was not recognised by the United States and a number of other Western countries.

Estonia restored its independence on 20 August 1991.

Estonia has been a member of the Berne Convention since 26 October 1994, the World Trade Organization since 13 November 1999 and the WIPO Copyright Treaty since 14 March 2010.[1]

As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017) as the main copyright law enacted by the legislature of Estonia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Estonian Ministry of Justice provides the current consolidated text in Estonian.[3] They also provide a consolidated English translation.[4]

一般规则 edit

Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017),

  • The term of protection of copyright is the life of the author and 70 years after his or her death except in the cases prescribed in §§39–42 of this Act.[1992/2017 §38(1)]
  • The term of protection of copyright in a work created by two or more persons as a result of their joint creative activity is the life of the last surviving author and 70 years after his or her death.[1992/2017 §39]
  • In the case of anonymous or pseudonymous works where the author does not become known, the term of protection of copyright shall run for 70 years after the work is lawfully made available to the public.[1992/2017 §40]
  • The term of protection of copyright in a collective work or work created in the execution of duties runs for 70 years after the work is lawfully made available to the public.[1992/2017 §41(1)]
  • The term of protection of copyright in an audiovisual work expires 70 years after the death of the last surviving author (director, script writer, author of dialogue, author of a musical work specifically created for use in the audiovisual work).[1992/2017 §41(1.1)]
  • If a collective work, work created in the execution of duties or audiovisual work is not made available to the public 50 years after creation, the term of protection of copyright expires 70 years after the creation of the work.[1992/2017 §41(2)]

The above terms begin on 1 January of the year following the year of the death of the author, year when the work was lawfully made available to the public or year of creation of the work, as applicable.[1992/2017 §43]

集体作品 edit

A collective work is a work which consists of contributions of different authors which are united into an integral whole by a natural or a legal person on the initiative and under the management of this person and which is published under the name of this natural or legal person (works of reference, collections of scientific works, newspapers, journals and other periodicals or serials, etc.).[1992/2017 §31(1)] Copyright in a collective work shall belong to the person on whose initiative and under whose management the work was created and under whose name it was published unless otherwise prescribed by contract.[1992/2017 §31(2)] The authors of the works included in a collective work (contributions) shall enjoy copyright in their works and they may use their works independently unless otherwise determined by contract. Authors of contributions are not deemed to be joint authors or co-authors.[1992/2017 §31(3)]

不适用于版权的作品 edit

Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017), copyright does not apply to ideas, images, notions, theories, processes, systems, methods, concepts, principles, discoveries, inventions, and other results of intellectual activities which are described, explained or expressed in any other manner in a work; works of folklore; legislation and administrative documents (acts, decrees, regulations, statutes, instructions, directives) and official translations thereof; court decisions and official translations thereof; official symbols of the state and insignia of organisations (flags, coats of arms, orders, medals, badges, etc.); news of the day; facts and data; ideas and principles which underlie any element of a computer program, including those which underlie its user interfaces.[1992/2017 §5]

版权标签 edit

  • {{PD-EE-exempt}} – copyright does not apply to works of folklore, legislation and administrative documents, court decisions and official translations thereof; official symbols of the state and insignia of organizations. Freedom of panorama in Estonia is restricted to non-commercial uses only, or to overview photos.

全景自由 edit

 不可以, only non-commercial use allowed if the work is the main subject. {{NoFoP-Estonia}}

Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017): It is permitted to reproduce works of architecture, works of visual art, works of applied art or photographic works which are permanently located in places open to the public, without the authorisation of the author and without payment of remuneration, by any means except for mechanical contact copying, and to communicate such reproductions of works to the public except if the work is the main subject of the reproduction and it is intended to be used for direct commercial purposes. If the work specified in this section carries the name of its author, it shall be indicated in communicating the reproduction to the public.[1992/2017 §20¹]

An obviously unsuitable freedom of panorama for architecture exists, in which architecture can be freely used, but for purpose of "real estate advertisements" only.[1992/2017 §20²]

货币 edit

可以. Estonian currency was removed from the public domain in 2000.[5] However, Bank of Estonia (Eesti Pank), which holds the copyright to the design of the currency, has allowed reproduction under certain terms:

  • Banknotes: As long as reproductions in advertising or illustrations cannot be mistaken for genuine banknotes they can be used without prior authorisation of the Bank of Estonia. Same kind of restrictions apply to reproductions of Estonian kroon banknotes as do to euro banknotes.[6]
  • Coins: Reproduction in a non-relief (drawings, paintings, films) format is authorised, provided they are not detrimental to the image of the Estonian kroon.

Please use {{EEK banknote}} or {{EEK coin}} for Estonian currency images.

参见 edit

引用 edit

  1. a b Estonia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright Act (consolidated text of February 1, 2017). Estonia (2017). Retrieved on 2018-11-11.
  3. Autoriõiguse seadus (in Estonian). Justiitsministeerium. Retrieved on 2019-02-10.
  4. Copyright Act. Ministry of Justice. Retrieved on 2019-02-10.
  5. Autoriõiguse seaduse muutmise seadus (Copyright Act Amendment Act) (in Estonian) (27 September 2000).
  6. Copy of e-mail was forwarded to permissions-commons@wikimedia.org on 14 July 2008. (ticket:2008071410045309)
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文本嵌入自
COM:Faroe Islands

法罗群岛

其他地区,例如属地、联邦、曾经的国家

本页提供法罗群岛版权法规的概况,用以辅助向维基共享资源上传作品。请注意,任何原来在法罗群岛当地发表的作品,必须在法罗群岛和美国同时处于公有领域或是以自由授权协议发布,才能够上传至维基共享资源。如果您对于在法罗群岛发表的任何一个作品的著作权有疑虑,请参考下列对应的法规来进行厘清。

Background edit

The Faroe Islands is an autonomous country of the Kingdom of Denmark.

The Danish copyright law, Consolidated Act on Copyright (Consolidated Act No. 1144 of October 23, 2014), does not extend to the Faroe Islands but may by Royal Ordinance be brought into full or partial operation in the Faroe Islands, subject to such modifications as required by the special conditions obtaining in the Faroe Islands.[1144/2014 Art.93]

The prevailing copyright law in the islands is Løgtingslóg nr. 30 frá 30. apríl 2015 um upphavsrætt.[1]

一般规则 edit

According to the Faroese law of 2013, since amended[1]:

  • Works are protected for the term of life of the author plus 70 years (= {{PD-old-70}}) (§ 53, 1)
  • Anonymous works are protected with a copyright term of 70 years after the work was made available to the public if the author never disclosed their identity (= {{Anonymous-EU}}) (§ 53, 2)
  • Photographic images are protected for the rest of the year they were created + 50 full years. (§ 58)

版权标签 edit

Freedom of panorama edit

  • "Tá listaverk varandi er sett upp við veg ella á plássi, har atkomuligt er hjá almenninginum, kann listaverkið verða avmyndað. Ásetingin í 1. pkt. er tó ikki galdandi, um listaverkið er høvuðsevnið í myndini, og myndin verður tikin við vinningi fyri eyga."[30/2015 §24.2.]
  • "Bygningar kunnu frítt avmyndast."[30/2015 §24.3.]

Listaverk - work/s of art. Bygningar - building/s.

邮票 edit

公有领域使用{{PD-Faroe stamps}}

參見 edit

引用 edit

  1. a b Løgtingslóg nr. 30 frá 30. apríl 2015 um upphavsrætt[1], 2013
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Finland

芬蘭

This page provides an overview of copyright rules of Finland relevant to uploading works into Wikimedia Commons. Note that any work originating in Finland must be in the public domain, or available under a free license, in both Finland 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 Finland, refer to the relevant laws for clarification.

管辖法律 edit

Finland has been a member of the Berne Convention since 1 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 404/1961 of July 8, 1961, as amended up to Act No. 972/2016 of November 18, 2016) as the main IP law enacted by the legislature of Finland.[1] WIPO holds the text of this law in their WIPO Lex database.

[2]

The Finnish Ministry of Justice website holds an English translation of the Copyright Act 404/1961, with amendments up to 608/2015 on its website.[3] Finlex holds up-to-date Finnish and Swedish versions of the act.

[4][5]

一般规则 edit

Under the Copyright Act 404/1961, with amendments up to 608/2015,

  • Copyright subsists until 70 years have elapsed from the year of the author's death or, in the case of a work of joint authorship, from the year of death of the last surviving author.[404/1961–2015 Sec.43(1)]
  • Copyright in a cinematographic work subsists until 70 years have elapsed from the year of the death of the last of the following to survive: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic work.[404/1961–2015 Sec.43(1)]
  • Copyright in a musical work with lyrics, when the lyrics and music have been specifically created for the work, subsists until 70 years have elapsed from the death of the last surviving lyricist or composer, whether or not they have been appointed as the authors of the musical work with lyrics.[404/1961–2015 Sec.43(2)]
  • Copyright in a work made public without mention of the author's name or generally known pseudonym or pen name shall subsist until 70 years have elapsed from the year in which it was made public.[404/1961–2015 Sec.44(1)]
    • If the identity of the author is disclosed during the period referred to in subsection 1, the provisions of section 43 shall apply.[404/1961–2015 Sec.44(2)]
    • The copyright in a work not made public, whose author is unknown, shall subsist until 70 years have elapsed from the year in which the work was created.[404/1961–2015 Sec.44(3)]
  • Anyone who for the first time publishes or makes public a previously unpublished work for which the protection has expired obtains a right that subsists until 25 years have elapsed from the year in which the work was published.[404/1961–2015 Sec.44a]

Photographs that are not works of art edit

The right to a photographic picture [that does not qualify as a "work of art"] shall be in force until 50 years have elapsed from the end of the year during which the photographic picture was made.[404/1961–2015 Sec.49a]

Photographs considered to be "works of art" are protected normally for 70 years after the death of the work's creator.[404/1961–2015 Sec.43] The difference between a photograph and a photographic work of art is not precisely defined. To qualify as a work of art, the photograph must express personal vision such that no other person can be expected to have produced a similar image. As an example, the (legally not binding) statement by the Finnish Copyright Council states that this photograph of Paavo Nurmi "— is, despite its historical importance, a regular photograph of contemporary events. The photograph does not demonstrate original and personal contribution on the part of the photographer and so it cannot be regarded as a photographic work (of art)."

[6]

An amendment to the Copyright Act (1991) extended the copyright time from 25 years (according to the 1961 copyright law) to 50 years. However, material already released to public domain according to the 1961 law remain in public domain and therefore all photographs (but not photographic works of art) released before 1966 are in the public domain (and were in the public domain at the URAA date).

Photographs featuring works of art exhibited in public spaces can only be used for non-commercial purposes other than in certain contexts (similar to "fair use"), unless it is clear that the work is not the main subject in the photo (freedom of panorama). Taking photographs of buildings (works of architecture) is explicitly allowed, but photographing single, private homes or yards may be illegal based on privacy laws.

人像照片 edit

The law regarding images of living people is unclear and the advice below is mostly deduced from recommendations, case law and legal literature. Possible consequences of the Data Protection Directive of the EU and related domestic legislation have not been considered below.

Domestic privacy (kotirauha, hemfrid): people in private yards, homes or similar places (which includes temporary overnighting facilities, such as tents) may not be observed by technical means, nor photographed, other than rightfully (which may open for de minimis defence in some cases).

Photos of people who are of public interest (famous politicians, artists, sportsmen) and who are carrying out their public duties or going about their usual work may be published without consent. In case of politicians, public officials and important persons in economical life, photos of private life may also be published in certain cases, where the information is important for their role and for public interest.

Photos of regular people in public places may only be published without their consent if the person is clearly not the main subject of the image and the picture does not cause damage, suffering or despise to the person in the picture. Photographs of public events or regular life in the streets should be unproblematic, unless some individual people are shown prominently or somebody is doing something stupid. In the latter case, whether showing the incident is unimportant, and whether the person did not intend the action to be public, should be considered.

However, if the person can be identified, the image may not be used in advertisement (commercially or non-commercially) without consent. Even when a person is not clearly identifiable, using a picture with the person as the main subject may require their consent. The images should be marked with {{Personality rights}} as the uploader may be held responsible for allowing such use.

不受保护 edit

Under the Copyright Act 404/1961, with amendments up to 608/2015, there shall be no copyright:[404/1961–2015 Sec.9(1)]

  • In laws and decrees;
  • In resolutions, stipulations and other documents which are published under the Act on the Statutes of Finland (188/2000) and the Act on the Regulations of Ministries and other Government Authorities (189/2000);
  • Treaties, conventions and other corresponding documents containing international obligations;
  • Decisions and statements issued by public authorities or other public bodies;
  • Translations of documents referred to above made by or commissioned by public authorities or other public bodies.

As of the 2005 revision, copyright protection continues to apply to independent works contained in the documents referred to in the list above.[404/1961–2015 Sec.9(1)] A work that is part of or attached to a decision or something similar is often such that it was not produced specifically as a part of the decision or as an attachment to it. In such a case, it is not reasonable that the attached work should also automatically lose copyright protection. An example is a work of fine art included in currency. This applies to independent works included in both the text of the document and its appendices. These independent works could be reproduced in connection with the document in question and used separately from the document for the purpose to which the document is related, but due to these restrictions the document or the protected independent work it contains cannot be uploaded to Commons.[7]

The textual, and in many cases the graphical, representations of Finnish coat of arms of municipalities, regions and provinces are considered to be part of decisions of public bodies and therefore they are not protected by copyright. According to the opinions of the Finnish Copyright Council even the graphical representation is thought (at least in these cases) not to be protected by copyright.

[8][9]

Either the graphical representations were part of the decisions of the municipalities (whether they could be considered works of art was thought to be irrelevant), or the alterations made did not meet the requirements for an original work of art. The coats of arms of historical provinces and other historical coats of arms are not protected by copyright: if there has been any copyright, it has expired.

Coats of arms of new entities should be analysed on a case-by-case basis. Usually they are based on old coats of arms and not eligible, but there is no guarantee unless they are included in public decisions. Some unofficial coats of arms, e.g. for former municipalities, which never had official coats of arms, are private creations under copyright, provided they reach the threshold of originality.

Reproductions of out-of-copyright works edit

National recommendations (JHS 189) for open licensing in Finland is CC-BY and most of the open digital archives are following it. A digitised work (particularly of a three-dimensional object) could lead to protection by a related right as a non original photograph. The Copyright council has stated that the start time of copyright protection of a photograph is when the photograph is taken. Reproductions of out of copyright photographs are copies and do not get new copyright protection.

[10]

版权标签 edit

  • {{PD-Finland50}} – for photographic simple images in the public domain according to Finnish law.
  • {{PD-Finland}} – for works of art (photographic included) in the public domain according to Finnish law. Same as {{PD-old-70}} for Finnish works.
  • {{PD-FinlandGov}} – for laws, statements and decisions of Finnish officials.

货币 edit

 不可以. Some exceptions do apply. The Bank of Finland claims that using images of banknotes and Euro coins is subject to permission. For Euro banknotes and the shared side of Euro coins: see COM:CRT/European Union:Currency. For markka banknotes, permission has been granted given provided certain guidelines are followed, see below. There is a statement from the Finnish Copyright Council (a semi-official body giving advice on copyright) that the use of an image on a markka coin is not subject to copyright, as the designs of coins were part of decrees. The statement could apply more broadly.

Decisions by governmental institutions are excepted from copyright. This includes images that are part of the decisions (see e.g. statement 1989:13 of the Finnish Copyright Council, on using the image of a coin), unless those are separate works, which is thought to apply only in unusual cases. In the old law on money there was no mention of copyright. Thus the images on markka banknotes and coins should be in the public domain, and likewise the images on the national side of euro coins.

There might be copyright issues, independent of the copyright by governmental bodies, if a design element is a derived work of a pre-existing work. The last 20 mark and 100 mark banknotes are known to be encumbered by this.

Counterfeit legislation does apply: it is criminal to publish images that are confusingly similar to legal tender (chapter 37, article 7 of the penal code). For instructions about Euro notes and coins see above.

The Bank of Finland claims it has copyright on Finnish (i.e. mark) banknotes and states that illegal reproduction of banknotes is punishable as counterfeit or fraud according to chapter 33 and 36 of the Penal Code (these seem not to apply to good faith use), or as breach of copyright.

Sources:

  • On copyright protection of the common face design of the euro coins.[12]
  • Bank of Finland 2015 guide how to use pictures of the notes.[13]
  • Decision of the European central bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (recast)[14]
  • The penal code chapter 37, article 7, and chapter 33 and 36.[15]
  • Statement of the Finnish Copyright Council on using an image of the markka coin[16]
  • Statement of the Finnish Copyright Council on using an image of the Finnish flag, about coins is summarized[17]
  • Statement of the Finnish Copyright Council on coats of arms of municipalities, where the applicability of article 9 of the copyright law is discussed[18]
  • Old law on money[19]

微不足道 edit

Under the Copyright Act 404/1961, with amendments up to 608/2015,

  • Works of art made public may be reproduced in pictorial form in material connection with the text: 1) in a critical or scientific presentation; and 2) in a newspaper or a periodical when reporting on a current event, provided that the work has not been created in order to be reproduced in a newspaper or a periodical.[404/1961–2015 Sec.25(1)]
  • When a copy of a work of art has, with the consent of the author, been sold or otherwise permanently transferred, the work of art may be incorporated into a photograph, a film, or a television programme if the reproduction is of a subordinate nature in the photograph, film or programme.[404/1961–2015 Sec.25(2)]

全景自由 edit

可以 for buildings only {{FoP-Finland}}.  不可以 for other works of art, including sculptures (non-commercial only).

Under the Copyright Act 404/1961, with amendments up to 608/2015,

  • A work of art may be reproduced in pictorial form ... if the work is permanently placed at, or in the immediate vicinity of, a public place. If the work of art is the leading motive of the picture, the picture may not be used for the purpose of gain. A picture having a material connection to the text may, however, be included in a newspaper or a periodical.[404/1961–2015 Sec.25a(3)][20]
  • A building may be freely reproduced in pictorial form.[404/1961–2015 Sec.25a(4)]

Buildings (works of architecture) are the only copyrighted works in public space from Finland that can be hosted on Wikimedia Commons. Non-commercial licensing is not accepted on Commons as per Commons:Licensing (which is backed by the Definition of Free Cultural Works). Images of works of art permanently located in public places in Finland can only be used non-commercially or as illustrations to texts in newspapers and periodicals. Published works of art may also be used as illustrations to scientific texts or criticism, according to Article 25.

邮票 edit

Åland has its own laws on postal matters; the discussion below does not concern stamps of Åland.

Maybe copyrighted Stamps issued before 1990

Before 1990 stamps were issued by a public body whose decisions and statements are not protected by copyright. See #Not protected (above). If an image of a stamp was included in a public body's decision or statement and the stamp is not an independent work, the image would be free of copyright as part of the document, the document can be uploaded to Wikimedia Commons and the image can be cropped from this document. Use {{PD-FinlandStamp}} in these cases.

It is uncertain how the above affects the copyright of stamps depicted in other places. The precautionary principle is that we assume a stamp is copyrighted unless proven otherwise. A copyrighted stamp will lose copyright protection 70 years after the author's death or 70 years after publication if the author is anonymous. Information on the author of a stamp will often be available at Postimuseo's Postimerkkiselain, and should be included in the stamp description where available. Use {{PD-old-70}} or {{PD-anon-70}} in these cases.

Copyrighted Stamps issued from 1990

Posts and Telecommunications of Finland became a state-owned enterprise known as Posti-Tele in 1990. It is not clear whether this entity and its successors retained the status of public bodies. The precautionary principle is that we assume it did not, and any new stamps issued from 1990 onward remain copyrighted.

原创门槛 edit

For works of visual art, the threshold of originality is relatively low.[21] Simple logos, however, are generally below the threshold of originality.[22] In particular, the threshold is high when only basic colors and shapes (such as triangles, squares and circles or capital letters) are used.

[23][21]

OK
Simple photograph with limited copyright period – not a photographic work of art. (TN 2003:6)
OK
Differences compared to the coat of arms of the historic region did not meet threshold of originality. (TN 1998:5)
 不可以 Commons:Deletion_requests/Aalto_vases "The wave-like forms of the [original Aalto vases] do not... result from the intended use of the object but the creative mental effort of the author. [Therefore the original vases] are independent and original enough to be considered works of art as meant in 1 § of [the Finnish Copyright law]" (p. 4). (TN 2010:10)
OK A specific house type (Eurohouse S 2, court ruling)
OK
The logo is below the threshold of originality because it is "ordinary and [does] not express an independent and original result of a creative process of its author. Somebody else in undertaking a comparable task could have contrived a similar ... logo". (TN 2000:1)
 不可以 Save the Children Fund logo The logo is above the threshold of originality, because its "visual manifestation is the creative work of its author, whereby the ideological basis of the fund has been successfully conformed with in an independent and original manner... [N]o one else undertaking a comparable task could have reached a similar outcome". (TN 2010:3)
OK

and

The logos are "in their literary and visual manifestation simple and ordinary to the degree that they are not to be regarded as original works in their own regard." (TN 2009:2)
OK
The logo is "is not original and independent in such a way that it would be protected ... by copyright". (TN 2011:7)
OK
The logo is below the threshold of originality because "its central elements and the way in which they have been combined are commonly used in logos and are thus ordinary". (TN 2000:1)
 不可以 "Silmu" logo Although the logo consists of a "stylized, albeit fairly simple, red tulip", it is above the threshold of originality for works of visual art. (TN 2001:12)


参见 edit

引用 edit

  1. a b Finland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright Act (Act No. 404/1961 of July 8, 1961, as amended up to Act No. 972/2016 of November 18, 2016). Finland (2016). Retrieved on 2018-11-11.
  3. Copyright Act (404/1961, amendments up to 608/2015). Finnish Ministry of Justice. Retrieved on 2019-02-11.
  4. Tekijänoikeuslaki (Copyright Act) (in Finnish). Finlex (4 February 2019). Retrieved on 2019-02-11.
  5. Upphovsrättslag (Copyright Act (in Swedish). Finlex (4 February 2019). Retrieved on 2019-02-11.
  6. 2003:6 Onko kuva valokuva vai teos See partial English translation.
  7. “Tekijänoikeus lakeihin, asetuksiin ym. (9 §)”, in Hallituksen esitys Eduskunnalle laeiksi tekijänoikeuslain ja rikoslain 49 luvun muuttamisesta[2] (in fi), 2004, page 50–51
  8. 1997:11
  9. 1998:5
  10. TN 2017:15 Valokuvan valmistamisen ajankohta (in Finnish). Minedu. Retrieved on 2019-03-25.
  11. [https://oa.doria.fi/handle/10024/29298 Raita database
  12. On copyright protection of the common face design of the euro coins (2001/C 318/03) (in Finnish)
  13. Bank of Finland 2015 guide how to use pictures of the notes
  14. Decision of the European central bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (recast) (ECB/2013/10) (Finnish)
  15. Penal code Finnish / Swedish/English translation
  16. Statement 989:13 of the Finnish Copyright Council
  17. statement 2001:3 (pdf, Finnish), statement 1989:13
  18. 1997/tn9711 (Finnish)
  19. rahalaki/myntlagen
  20. Tekijänoikeuslaki 25 a § (14.10.2005/821) (in Finnish). finlex. Retrieved on 2019-05-25.
  21. a b TN 2011:7
  22. TN 2014:13
  23. TN 2001:12
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Guernsey

根西

其他地区,例如属地、联邦、曾经的国家

Commons:Copyright rules by territory/Guernsey/en

文本嵌入自
COM:Iceland

冰島

This page provides an overview of copyright rules of Iceland relevant to uploading works into Wikimedia Commons. Note that any work originating in Iceland must be in the public domain, or available under a free license, in both Iceland 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 Iceland, refer to the relevant laws for clarification.

管辖法律 edit

Iceland has been a member of the Berne Convention since 7 September 1947 and the World Trade Organization since 1 January 1995.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright Act (Act No. 73/1972 of May 29, 1972, as amended up to Act No. 90/2018 of June 27, 2018) as the main copyright law enacted by the legislature of Iceland.[1] WIPO holds the text of this law in Icelandic with an automated translation tool, in their WIPO Lex database.[2] The Patent Office holds an English-language translation up to 2010.

[3]

一般规则 edit

As of 2018 the rules were:

  • Copyright lasts until 70 years have elapsed from the start of the year after the author's death.[73/1972-2018 Art.43]
  • For works of joint authorship, copyright lasts until 70 years have elapsed from the last surviving author's death.[73/1972-2018 Art.43]
  • Copyright for musical compositions with words, where the words and music were written specifically for the work, lasts for 70 years from the start of the year after the death of the last survivor of the lyricist and the composer.[73/1972-2018 Art.43]
  • Copyright for cinematographic works lasts until 70 years from the start of the year after the death of the last survivor of the principal director, writers, including the dialogues, composers of the music composed especially for use in the cinematographic works.[73/1972-2018 Art.43]
  • Copyright in an anonymous work expires 70 years after the end of the year in which it was presented. However, if the author becomes known within that period, Article 43 applies.[73/1972-2018 Art.44]
  • If an anonymous work is not presented, the copyright in it expires 70 years after the end of the year in which it was created.[73/1972-2018 Art.44]
  • When a work has not been publicly presented within the period of protection mentioned in Article 43 or 44, the person who first presents the work after the period of protection may exercise a right to commercial exploitation of the work equivalent to that enjoyed by the author for 25 years from the end of the year of the presentation.[73/1972-2018 Art.44a]
  • A performer's right in a performance expires 50 years from the end of the year in which the performance occurred, or, if a recording of the performance has been distributed to the public, 50 years from the end of the year in which the recording was first distributed.[73/1972-2018 Art.45]
  • Audio and video recordings may not be reproduced or publicly distributed without the producer's consent unless 50 years from the end of the year in which the original recording was made, or, if a recording has been distributed to the public, 50 years from the end of the year in which the recording was first distributed.[73/1972-2018 Art.46]
  • The copyright in a photograph that is not an artistic work expires 50 years after the end of the year in which it was taken.[73/1972-2018 Art.49]

政府版權 edit

  • Acts, regulations, administrative provisions, court rulings and similar official documents, as well as official translation of such documents, are not copyrighted.[73/1972-2018 Art.9]
  • In addition, unless prohibited by court order, it is permissible to print, make an audio recording, or otherwise copy and present proceedings of public meetings of official representatives and documents publicly submitted during such meetings which concern such representatives, and "debates on questions concerning the public good which take place at gatherings to which the public has access or are broadcast".[73/1972-2018 Art.22]

货币 edit

Coins designed after December 31, 1953 (current year minus 71 years)

 不可以 Copyrights for coins designed after December 31, 1953 are held by the Central Bank of Iceland.

Coins designed before January 1, 1954 (current year minus 70 years)

可以 Iceland Currency becomes public domain because the Icelandic Copyright law (§49) specifies that images considered to be "works of art" become public domain 70 years after creation. Please use {{Icelandic currency}} for currency designed before January 1, 1954.

微不足道 edit

An unofficial translation of Article 10a of the Icelandic copyright act reads:

  • Authors’ exclusive rights under Article 3 (cf. Article 2), shall not apply to the making of reproductions (copies) that are transient or incidental...[73/1972-2018 Art.10a(1)]

版权标签 edit

全景自由 edit

 不可以 {{NoFoP-Iceland}}

In regard to the freedom of panorama, the unofficial translation of Article 16 reads:

  • Photographs may be taken and presented of buildings, as well as works of art, which have been situated permanently out-of-doors in a public location. Should a building, which enjoys protection under the rules concerning works of architecture, or a work of art as previously referred to, comprise the principal motif in a photograph which is exploited for marketing purposes, the author shall be entitled to remuneration, unless the pictures are intended for use by a newspaper or in television broadcasting."[73/1972-2018 Art.16]

In essence, Icelandic "freedom of panorama" images are free only for non-commercial uses. Overview photos in which no single copyrighted work is the main subject of the image should be fine.

Threshold for artistic work in photography edit

Article 1, subsection 2, of the copyright act includes "photographic art" as one of the art forms that merit protection as works of art, meaning that the work is copyrighted for 70 years beyond the death of the author. Photographic work that does not meet the threshold of being considered artistic work is however protected according to article 49 which grants the creator of non-artistic photographs exclusive rights to reproduction for 50 years from the date of publication. It is clear from explanatory supplement (pdf) that accompanied the bill that became the Copyright Act of 1972 that most photography was not intended to be protected as "artistic work" and that regular phography done by photographers as tradesmen would not qualify.

Two known court cases in Iceland have grappled with the distinction between artistic and non-artistic photography. In Supreme Court case no 178/2013, it was found that a landscape photograph from Jökulsárlón that had been used for commercial purposes without permission from the photographer did constitute enough original and independent thought from the photographer to be counted as "artistic work". This was supported by the technical complexity of the photograph that had been achieved with particular skills on part of the photographer. The ruling also states that (in unofficial translation): "For a work to enjoy this protection [as "artistic work"] it needs to result from the mental creativity of the author, meaning that it demonstrates a particular level of originilaty and uniqueness. Photographs will generally not be defined as artistic work in this sense but photographs that do not demonstrate this level of artistic creativity are still protected to a degree according to article 49 of the Copyright Act."

In the ruling of the Reykjavík District Court in case E-6726/2008 it was found that two photographs that a magazine published without permission from the photographers did not demonstrate the level of creativity and originality that would categorize them as "artistic work". It was however accepted in this case that article 49 protections applied to the photographs. One of the photographs in this case was a portrait of the photographer himself that had been taken with a timer and a tripod in his own studio, the other was a candid shot of a woman.

From the above court cases and the explanatory supplement with the original bill of the Copyright Act it is clear that photographs need to pass a fairly high bar to be considered "artistic work" and that most photographs published in Iceland fall under article 49, and thus become public domain 50 years after publication.

参见 edit

引用 edit

  1. a b Iceland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright Act (Act No. 73/1972 of May 29, 1972, as amended up to Act No. 90/2018 of June 27, 2018) (in Icelandic). Iceland (2011). Retrieved on 2018-11-11.
  3. The Copyright Act No. 73, of 29 May 1972, as amended by ... Act No. 93 of 21 of April 2010 (in English). Einkaleyfastofan (Patents Office). Retrieved on 2019-03-26.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Ireland

愛爾蘭共和國

This page provides an overview of copyright rules of Ireland relevant to uploading works into Wikimedia Commons. Note that any work originating in Ireland must be in the public domain, or available under a free license, in both Ireland 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 Ireland, refer to the relevant laws for clarification.

管辖法律 edit

Ireland has been a member of the Berne Convention since 5 October 1927, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act, 2000 (No. 28 of 2000) as the main copyright law enacted by the legislature of Ireland.[1] WIPO holds the text of this law in their WIPO Lex database.

[2]

This act was amended by the Copyright and Related Rights (Amendment) Act 2004, which made it clear that a work could be displayed in public without violating copyright.[3] It was further amended by the Copyright and Related Rights (Amendment) Act 2007, which clarified the position on lending by public libraries.

[4]

一般规则 edit

Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),

  • The copyright in a literary, dramatic, musical or artistic work, or an original database expires 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(1)]
  • The copyright in a work specified in subsection (1) which is anonymous or pseudonymous expires 70 years after the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(2)]
    • In respect of an anonymous or pseudonymous work (a) where the pseudonym adopted by the author leaves no doubt as to his or her identity, (b) where the author discloses his or her identity, or (c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public, the copyright in that work expires 70 years after the death of that author.[28/2000 Sec.24(3)]
  • Subject to subsection 25(2), the copyright in a film expires 70 years after the last of the following persons dies, namely: (a) the principal director of the film; (b) the author of the screenplay of the film; (c) the author of the dialogue of the film; (d) the author of music specifically composed for use in the film.[28/2000 Sec.25(1)]
    • Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film expires 70 years after the date of such making available.[28/2000 Sec.25(2)]
  • The copyright in a sound recording expires (a) 50 years after the sound recording is made, or (b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.[28/2000 Sec.26]
  • The copyright in a broadcast expires 50 years after the broadcast is first lawfully transmitted.[28/2000 Sec.27(1)]
  • The copyright in a cable programme expires 50 years after the cable programme is first lawfully included in a cable programme service.[28/2000 Sec.28(1)]
  • The copyright in a typographical arrangement of a published edition expires 50 years after the date on which it is first lawfully made available to the public.[28/2000 Sec.29]
  • Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.[28/2000 Sec.35]

政府版權 edit

  • Where a work is made by an officer or employee of the Government or of the State, in the course of his or her duties, the work qualifies for copyright protection.[28/2000 Sec.191(1)]
  • The Government shall be the first owner of the copyright in a work to which subsection (1) applies.[28/2000 Sec.191(2)]
  • Government copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.191(4)]
  • Where a work is made by or under the direction or control of either or both of the Houses of the Oireachtas, the work qualifies for copyright protection.[28/2000 Sec.193(1)]
  • Oireachtas copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.193(3)]

版权标签 edit

  • {{PD-IrishGov}} – Irish government works are generally released to the public domain 50 years after creation.
  • {{PD-Ireland-anon}} – For works whose author remains unknown and at least 70 years have passed since it was available to the public.

货币 edit

 不可以 Irish pre-euro money and the Irish side of euro coins are copyrighted. According to the Copyright Law of 2000, Chapter 24: Copyright: Legal Tender; Irish coins and bank notes are copyrighted, even if issued before that provision became effective.[28/2000 Sec.200(3)] That is, older coins and bank notes are retroactively placed under copyright. The copyright on legal tender is perpetual, i.e. does not expire at all. The act applies to all coins and banknotes issued since 1926.[28/2000 Sec.200(9)]

Euro banknotes are, however, free to use; see {{Money-EU}}.

微不足道 edit

Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),

  • The copyright in a work is not infringed by its inclusion in an incidental manner in another work.[28/2000 Sec.52(1)]
  • A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.[28/2000 Sec.52(3)]

According to Pascal Kamina, the Irish legislation is similar to the legislation in the United Kingdom from 1988.

[5]

全景自由 edit

OK for 3D works {{FoP-Ireland}}
OK for 2D "works of artistic craftsmanship" {{FoP-Ireland}}
 Not OK for other types of artistic works

Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000), Section 93,

  • This section applies to the copyright in (a) buildings, and (b) sculptures, models for buildings and works of artistic craftsmanship, where permanently situated in a public place or in premises open to the public.[28/2000 Sec.93(1)]
  • The copyright in a work to which this section applies is not infringed by (a) making a painting, drawing, diagram, map, chart, plan, engraving, etching, lithograph, woodcut, print or similar thing representing it, (b) making a photograph or film of it, or (c) broadcasting or including in a cable programme service, an image of it.[28/2000 Sec.93(2)]
  • The copyright in a work to which this section applies is not infringed by the making available to the public of copies of anything the making of which is not, by virtue of this section, an infringement of the copyright in the work.[28/2000 Sec.93(3)]

The Copyright and Related Rights (Amendment) Act 2004 clarified the position:

  • For the avoidance of doubt, no infringement of any right created by this Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access.[28/2000-2004 Sec.40(7(a))] This does not, however, allow distribution of copies of artistic works.

Irish law is in this respect modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See COM:FOP UK for more details.

原创门槛 edit

 未知

Despite uncertainty on the required level of originality needed to qualify for copyright protection, images that have been retained on Commons include:

图片 描述 讨论
ISPCA官方标志 Commons:Deletion requests/File:ISPCA official logo.png

邮票 edit

Irish stamps issued by the Department of Posts and Telegraphs before 1984 are official works and those over 50 years old are in the public domain (published before 1 January 1974). Use {{PD-IrishGov}} to tag them. Since 1 January 1984, when An Post was established Irish stamps are copyright to the company.

参见 edit

引用 edit

  1. a b Ireland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright and Related Rights Act, 2000 (No. 28 of 2000). Ireland (2000). Retrieved on 2018-11-11.
  3. Copyright and Related Rights (Amendment) Act 2004. Ireland (2004). Retrieved on 2018-11-12.
  4. Copyright and Related Rights (Amendment) Act 2007. Ireland (2007). Retrieved on 2018-11-12.
  5. (2002) Film Copyright in the European Union, Cambridge University Press, p. 278 29DSe2bcDyUC
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Isle of Man

马恩岛

其他地区,例如属地、联邦、曾经的国家

This page provides an overview of copyright rules of the Isle of Man relevant to uploading works into Wikimedia Commons. Note that any work originating in the Isle of Man must be in the public domain, or available under a free license, in both the Isle of Man 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 the Isle of Man, refer to the relevant laws for clarification.

背景 edit

The Isle of Man is a self-governing British Crown dependency in the Irish Sea between Great Britain and Ireland.

The relevant copyright law is The Copyright Act 1991, as amended up to the Copyright (Amendment) Regulations 2013.[1] This act replaced the United Kingdom's Copyright Act 1956. The Copyright Act 1991 was largely based on the United Kingdom's Copyright, Designs and Patents Act 1988 (Part I) Subsequent amendments have extended the duration of copyright and covered electronic transmission of works.

[1]

A copy of The Copyright Act 1991 is held on the Isle of Man legislation website.[2] The Tynwald website holds the Copyright (Amendment) Regulations 2013, effective 1 April 2013, which give changes that are not reflected in the text of th 1991 act.

[3]

持续时间 edit

Under The Copyright Act 1991, as amended up to 2013,

  • Copyright in a literary, dramatic, musical or artistic work expires 70 years from the end of the calendar year in which the author dies.[1991-2013 Sec.12(2)]
  • If the work is of unknown authorship, copyright expires (a) 70 years from the end of the calendar year in which the work was made, or (b) if during that period the work is made available to the public, 70 years from the end of the calendar year in which it is first so made available.

[1991-2013 Sec.12(3)]

  • If the work is computer-generated the above provisions do not apply and copyright expires 50 years from the end of the calendar year in which the work was made.[1991-2013 Sec.12(7)]
  • The above (Section 12) does not apply to Crown copyright or Tynwald copyright (see sections 156 to 159).

[1991-2013 Sec.12(9)]

  • The copyright in a sound recording expires at the later of (a) 50 years from the end of the calendar year in which the recording is made, or (b) 50 years from the end of the calendar year in which it is first published, or made available to the public.[1991-2013 Sec.13(2)]
  • Copyright in a film expires 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons (a) the principal director, (b) the author of the screenplay, (c) the author of the dialogue, or (d) the composer of music specially created for and used in the film.[1991-2013 Sec.13A(2)]

皇家版权 edit

Under The Copyright Act 1991,

  • Where a work is made by Her Majesty or by an officer or servant of the Crown in the course of his duties (a) the work qualifies for copyright protection notwithstanding section 148(l) (ordinary requirement as to qualification for copyright protection), and (b) Her Majesty is the first owner of any copyright in the work.[1991-2013 Sec.156(1)]
  • Copyright in such a work is referred to in this Act as “Crown copyright”, notwithstanding that it may be, or have been, assigned to another person.

[1991-2013 Sec.156(2)]

  • A map prepared in pursuance of the Isle of Man Survey Act 1991 shall be deemed to be such a work as is mentioned in subsection (1).[1991-2013 Sec.156(2A)]
  • Crown copyright in a literary, dramatic, musical or artistic work continues to subsist (a) until the end of the period of 125 years from the end of the calendar year in which the work was made, or (b) if the work is published commercially before the end of the period of 75 years from the end of the calendar year in which it was made, until the end of the period of 50 years from the end of the calendar year in which it was first so published.[1991-2013 Sec.156(3)]

全景自由 edit

可以 For buildings, sculptures and works of artistic craftsmanship. Under The Copyright Act 1991,

  • 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.

[1991-2013 Sec.62(1)]

  • The copyright in such a work 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.[1991-2013 Sec.62(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.[1991-2013 Sec.62(31)]

参见 edit

引用 edit

  1. a b Legislation. Isle of Man. Retrieved on 2019-03-20.
  2. Copyright Act 1991. legislation.gov.im. Retrieved on 2019-03-30.
  3. Copyright (Amendment) Regulations 2013. Tynwald. Retrieved on 2019-03-30.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明

根西

其他地区,例如属地、联邦、曾经的国家

本页提供根西版权法规的概况,用以辅助向维基共享资源上传作品。请注意,任何原来在根西当地发表的作品,必须在根西和美国同时处于公有领域或是以自由授权协议发布,才能够上传至维基共享资源。如果您对于在根西发表的任何一个作品的著作权有疑虑,请参考下列对应的法规来进行厘清。

管辖法律 edit

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).

一般规则 edit

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]

全景自由 edit

可以: for buildings, sculptures and works of artistic craftsmanship.  不可以: 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)]

引用 edit

  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.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Latvia

拉脫維亞

This page provides an overview of copyright rules of Latvia relevant to uploading works into Wikimedia Commons. Note that any work originating in Latvia must be in the public domain, or available under a free license, in both Latvia 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 Latvia, refer to the relevant laws for clarification.

背景 edit

Latvia was incorporated in the Russian Empire in 1795. On 18 November 1918 Latvia declared independence. On 5 October 1939 Latvia was forced to accept a "mutual assistance" pact with the Soviet Union. After being occupied by Germany during World War II, Latvia was reoccupied by the Soviets in 1944-45. With the dissolution of the Soviet Union, Latvia regained independence on 21 August 1991.

Latvia has been a member of the Berne Convention since 11 August 1995, the World Trade Organization since 10 February 1999 and and the WIPO Copyright Treaty since 6 March 2002.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Law (as amended up to June 14, 2017) as the main IP law enacted by the legislature of Latvia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] Likumi.lv holds a copy of the former 11 May 1993 Law on copyright and related rights.

[3]

一般规则 edit

Under the Copyright Law of 2000 (as amended up to June 14, 2017),

  • Copyright is in effect for the lifetime of an author and for 70 years after their death, except as specified below.[2000-2017 Sec.36(1)]
  • Copyright to audio-visual works is in effect for 70 years after the death of the last of: the director; the author of the script; the author of the dialogue; the author of a musical work created for an audio-visual work.[2000-2017 Sec.37(1)]
  • Copyright to a work that has legally become available to the public anonymously or under a pseudonym is in effect for 70 years from the time when it has legally become available to the public. If during that time the author reveals his or her identity, or if there is no doubt about the identity, Section 36, Paragraph one of this Law shall apply.[2000-2017 Sec.37(2)]
  • Copyright to a work created by co-authors is in effect for the duration of the lives of all the co-authors and for 70 years after the death of the last surviving co-author.[2000-2017 Sec.37(3)]
  • With authors whose works were prohibited in Latvia or the use of which was restricted from June 1940 to May 1990, the years of prohibition or restriction are excluded from the term of the copyright.[2000-2017 Sec.37(4)]
  • A work, the term of protection of which is not calculated from the moment of the death of the author or authors, protection expires if within 70 years after the creation of such a work it has not lawfully become accessible to the public.[2000-2017 Sec.37(6)]
  • Any person, who after expiration of a copyright lawfully publishes or communicates to the public a previously unpublished work, acquires rights which are equivalent to the economic rights of an author, in effect for 25 years from the first publication or the communicating to the public of the work.[2000-2017 Sec.37(7)]
  • The copyright terms begin on 1 January of the year following the moment of the creation of rights (legal fact) and expire on 31 December of the year in which the terms referred to above expire.[2000-2017 Sec.38]
  • The rights of performers last for 50 years from the first performance. If during this time a fixation of the performance in a phonogram is lawfully published or communicated to the public, the term of protection is 70 years from the day of such publication or communication to the public of the phonogram, depending on which action was the first.[2000-2017 Sec.55(1)]

The law protected works for 50 years after the author's death until 6 April 2000, so that works made by people who died on or before December 31, 1945 were public domain on the URAA date, January 1, 1996.

不受保护 edit

Under the Copyright Law of 2000 (as amended up to June 14, 2017), the following are not protected by copyright:

  • laws and regulations and administrative rulings, other documents issued by State and local government institutions and court adjudications (laws, court judgements, decisions and other official documents), as well as official translations of such texts and official consolidated versions;[2000-2017 Sec.6(1)]
  • State approved, as well as internationally recognised official symbols and signs (flags, coats of arms, anthems, and awards), the use of which is subject to specific laws and regulations;[2000-2017 Sec.6(2)]
  • maps, the preparation and use of which are determined by laws and regulations;[2000-2017 Sec.6(3)]
  • information provided in the press, radio or television broadcasts or other information media concerning news of the day and various facts and events;[2000-2017 Sec.6(4)]
  • ideas, methods, processes and mathematical concepts.[2000-2017 Sec.6(5)]

版权标签 edit

  • {{PD-LV-exempt}} – for official Latvian State symbols and insignia (flags, coats of arms, anthems, and awards).

货币 edit

可以: Under the Copyright Law of 2000 (as amended up to June 14, 2017),

  • The Bank of Latvia holds the copyright of lat banknotes. The Bank of Latvia copyright does not affect the right of the author of the images used on the banknotes to be recognised as the author thereof.[2000-2017 Sec.17'(1)]
  • It is prohibited to reproduce banknotes in any way, except in the case, where the Bank of Latvia, the European Central Bank, the central bank or state which has emitted such banknotes has provided written permission or the requirements of the Bank of Latvia, the European Central Bank or the relevant state for the reproduction of banknotes. Restrictions on the economic rights of authors shall not apply to banknotes.[2000-2017 Sec.17'(2)]

Copyright for euro banknotes and common side of euro coins is determined by the European Central Bank (see COM:CRT/European Union:Currency), but copyright of national sides of euro coins is determined by national legislation. The Bank of Latvia suggests that the Regulation for Reproducing the Lats Banknotes and Coins must be met to reproduce lats, and ECB Reproduction rules must be met to reproduce euros. All photographic reproductions of banknotes and coins must comply those criteria. Prior to the amendments, which came into force in May 1 2004, currency was public domain in Latvia per both the unamended 2000 law and 1993 law. Therefore any coins or banknotes that were no longer in circulation by 2004 date are public domain.

Please use {{Latvian coins}} for relevant Latvian coins images and {{Latvian banknote}} for images of Latvian banknotes, as {{PD-LV}} does not apply to Latvian currency.

全景自由 edit

 Not OK: {{NoFoP-Latvia}} Under the Copyright Law of 2000 (as amended up to June 14, 2017),

  • It is permitted to use images of works of architecture, photography, visual arts, design, as well as of applied arts, permanently displayed in public places, for personal use and as information in news broadcasts or reports of current events, or included in works for non-commercial purposes.[2000-2017 Sec.25(1)]
  • That which is referred to in this Section shall not apply to cases when the image of a work is an object for further repetition of the work, for broadcast by broadcasting organisations or for the purpose of commercial use of the image of a work.[2000-2017 Sec.25(2)]

The non-commercial use restriction is not acceptable for works uploaded to Commons.

邮票 edit

受版权保护

The Copyright Law of 2000 (as amended up to June 14, 2017) says that official symbols and signs (flags, coats of arms, anthems, and awards) are not protected, but does not include stamps in this list. It also says that official documents and official translations of such texts are not protected, but a stamp cannot be considered to be the text of an official document. Under the precautionary principle we must assume that stamps are protected in the normal way.

參見 edit

引用 edit

  1. a b Latvia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright Law (as amended up to June 14, 2017). Latvia (2017). Retrieved on 2018-11-11.
  3. LATVIJAS REPUBLIKAS LIKUMS Par autortiesībām un blakustiesībām 1993 (in Latvian). Likumi. Latvijas Vēstnesis. Retrieved on 2019-03-27.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Lithuania

立陶宛

This page provides an overview of copyright rules of Lithuania relevant to uploading works into Wikimedia Commons. Note that any work originating in Lithuania must be in the public domain, or available under a free license, in both Lithuania 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 Lithuania, refer to the relevant laws for clarification.

背景 edit

Lithuania was annexed by the Russian empire in the late 18th century. Towards the end of World War I, Lithuania declared independence on 16 February 1918. During World War II, Lithuania was occupied in turn by the Soviet Union, Germany, and then the Soviet Union for a second time. Lithuania declared independence from the Soviet Union on 11 March 1990.

Lithuania has been a member of the Berne Convention since 14 December 1994, the WIPO treaty since 6 March 2002 and the World Trade Organization since 31 May 2001.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. VIII-1185 of May 18, 1999, on Copyright and Related Rights (as amended up to Law No. XII-1183 of October 7, 2014) as the main copyright law enacted by the legislature of Lithuania.[1] WIPO holds the text of this law in their WIPO Lex database.

[2]

一般规则 edit

Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014,

  • Author’s economic rights shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.[1999–2014 Art.34.1]
  • The protection of the author’s moral rights shall be of unlimited duration.[1999–2014 Art.34.2]
  • The duration of the authors’ economic rights in a joint work shall run for the life of co-authors and for 70 years after the death of the last surviving author.[1999–2014 Art.35.1]
  • In the case of anonymous and pseudonymous works, the term of protection of the authors' economic rights shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the prescribed period, the term of protection of the author's economic rights shall run for the life of the author and for 70 years after his death.[1999–2014 Art.35.2]
  • In the case of collective works, the term of protection of the authors’ economic rights shall run for 70 years after the work is lawfully made available to the public. In cases where the natural persons who have created the work leave no doubt as to their identity, provisions of paragraph 1 of this Article shall apply.[1999–2014 Art.35.5]
  • The term of protection of authors’ economic rights in an audiovisual work shall extend over the life of the principal director, author of the screenplay, author of the dialogue, art director, director of photography and the composer of music specifically created for the audiovisual work, and for 70 years after the death of the last of them to survive.[1999–2014 Art.35.7]
  • The economic rights of the authors of a musical composition with words shall run for the life of the authors (the composer of the musical composition and the author of the lyrics) and for 70 years after the death of the last of the authors to survive, whether or not those persons are designated as co-authors, provided that both contributions (music and words) were specifically created for the respective musical composition with words.[1999–2014 Art.35.8]
  • A natural or legal person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the exclusive economic rights in the work, laid down in paragraph 1 of Article 15 of this Law.[1999–2014 Art.36.1] The duration of the rights specified in paragraph 1 of this Article shall extend over 25 years from the date of the first lawful publication of the work or the first lawful communication to the public of the work.[1999–2014 Art.36.3]
  • The terms laid down in Articles 34-36 shall be calculated from the first day of January of the year following the event which gives rise to them.[1999–2014 Art.37.1]

不受保护 edit

Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014, the following are not subject to copyright:

  • ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries or mere data;[1999–2014 Art.5.1]
  • legal acts, official documents texts of administrative, legal or regulative nature (decisions, rulings, regulations, norms, territorial planning and other official documents), as well as their official translations;[1999–2014 Art.5.2]
  • official State symbols and insignia (flags, coat-of-arms, anthems, banknote designs, and other State symbols and insignia) the protection of which is regulated by other legal acts;[1999–2014 Art.5.3]
  • officially registered drafts of legal acts;[1999–2014 Art.5.4]
  • regular information reports on events;[1999–2014 Art.5.5]
  • folklore works.[1999–2014 Art.5.6]

版权标签 edit

  • {{PD-LT-exempt}} – for official Lithuanian State symbols and insignia (flags, coats-of-arms, anthems, banknote designs, and other State symbols and insignia).
  • {{PD-old-70}} – for works where the author died more than 70 years ago

货币 edit

可以 The designs of Lithuanian currency, including the national sides of its Euro coins, are not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 5 of Copyright law of Lithuania. Please use {{PD-LT-exempt}} for Lithuanian currency images.

全景自由 edit

 不可以 {{NoFoP-Lithuania}} Commercial use of reproductions of works of architecture or sculpture in public places is not allowed when the work is the main subject and it is used commercially. Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014, Article 28,

  • It shall be permitted to carry out the following acts without the authorisation of an author or any other owner of copyright and without a remuneration, as long as the source, including the author's name, is indicated, unless this turns out to be impossible: to reproduce and make available to the public works of architecture and sculptures, made to be located permanently in public places, except for the cases where they are displayed in exhibitions and museums;[1999–2014 Art.28.1.1]
  • The provisions of Art.28.1.1 shall not be applied when a work of architecture or a sculpture is the main subject of representation in the reproduction, and when this is done for direct or indirect commercial advantage.[1999–2014 Art.28.2]

邮票 edit

公有领域使用{{PD-LT-exempt}}

参见 edit

引用 edit

  1. a b Lithuania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
  2. Law No. VIII-1185 of May 18, 1999, on Copyright and Related Rights (as amended up to Law No. XII-1183 of October 7, 2014) (2014). Retrieved on 2019-02-26.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Norway

挪威

This page provides an overview of copyright rules of Norway relevant to uploading works into Wikimedia Commons. Note that any work originating in Norway must be in the public domain, or available under a free license, in both Norway 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 Norway, refer to the relevant laws for clarification.

管辖法律 edit

Norway has been a member of the Berne Convention since 13 April 1896 and the World Trade Organization since 1 January 1995.

[1]

As of 2020 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 40 of June 15, 2018, Relating to Copyright in Literary, Scientific and Artistic Works) (consolidated version, status as at December 20, 2018) as the main copyright law enacted by the legislature of Norway.[1] WIPO holds the text of this law in their WIPO Lex database.[2] Minor adjustments were made by Act No. 120 of December 22, 2018, on Amendments to the Copyright Act, etc. (Portability of Online Content Services, etc.)

[3]

This act superseded the 1961 law the Copyright Act (Act No. 2 of May 12, 1961, relating to Copyright in Literary, Scientific and Artistic Works) (consolidated version of 2015).

[4]

一般规则 edit

Under the Act No. 40 of June 15, 2018,

  • Copyright lasts for the author's life and 70 years after the expiry of his death.[2018 §11(a)]
  • For the co-authored works, copyright lasts for 70 years from the death of the last surviving author.[2018 §11(b)]
  • Copyright in cinematographic works lasts for 70 years from the end of the year of death of which the last survivor of the main director, author of the screenplay, dialogue writer and composer of the music that is created for use in filming.

[2018 §11(c)]

  • For work in which both words and music are provided for the purpose of the work, copyright last for 70 years from the end of the year of death of the last survivor of the lyricist and the composer.[2018 §11(d)]
  • For anonymous works, copyright shall subsist for 70 years after the end of the year when the work was first published.[2018 §12]
  • When someone for the first time lawfully makes available to the public a work which has not been made public by the end of the copyright protection period, they have the same rights as a copyright holder for 25 years after the end of the year the work was first made available to the public.

[2018 §13]

  • The exclusive right to photographic images that are not intellectual property lasts for the life of the photographer and 15 years after the end of the photographer's year of death, but still at least 50 years from the end of the year the photo was created.[2018 §23]
The distinction between work of art ("fotografiske verk") and other photos ("fotografiske bilder") is not clearly described, but it is believed that the photographer should add something to the mere depiction to make it a work of art.[5] Under the former photo law, protection ended 25 years after creation, provided that more than 15 years had passed since the photographer's death or the photographer is unknown. The image is in the public domain if this older term already had expired as of 29 June 1995.

[6]

  • The author of a commissioned portrait (including a photograph) cannot exercise their copyright without the consent of the customer.[2018 §105]
  • Photographs that depict a person cannot be reproduced or displayed publicly without the consent of the person depicted, except when
a) the image has a current and general interest
b) the image of the person is less important than the main content of the image
c) the image depicts congregations, public trains in the open air or conditions or events of general interest
d) copies of the image in the usual way are displayed as advertisements for the photographer's business and the image is not prohibited, or
e) the image is used as referred to in section 33 second paragraph or section 37 third paragraph.
Protection applies during the life of the depicted person and 15 years after the expiry of the depicted year of death.[2018 §104]
  • Recordings of performances are copy-protected for 50 years.

[2018 §16]

不受保护 edit

Under the Act No. 40 of June 15, 2018,

  • Laws, regulations, judicial decisions and other decisions by public authorities are without protection under this Act. The same applies to proposals, reports, statements and the like that apply to the exercise of public authority, and is issued by a public authority, a publicly appointed council or committee, or published by the public. Similarly, official translations of such texts are without protection under this Act.[2018 §14]

版权标签 edit

  • {{PD-Statens vegvesen}} – for Norwegian road signs from the website of the Norwegian Public Roads Administration (Statens vegvesen)[7]
  • {{PD-Norway50}} – Norwegian photos not considered to be "works of art" 50 years after they were created, provided that the author died more than 15 years ago or is unknown
  • {{PD-Norway70}} – Images considered to be "works of art" become public domain 70 years after the author's death or publication if the author is unknown.
  • {{PD-NorwayGov}} – part of a decision or a statement by an authority or a public body of Norway
  • {{Met.no}} – images without a byline from the Norwegian Meteorological Institute
  • {{NLOD}} - a licensing agreement public authorities can use when making public data available

货币 edit

 不可以. Norwegian currency is protected by copyright. The Bank of Norway, which administers the rights of the artists, states: "Use of illustrations of Norwegian coins and banknotes must not violate the rights of the authors". This means, among other things, that the original pattern may not be manipulated. As they are non-derivative, images of Norwegian currency may not be used unless it is in the public domain due to age (70 years after end of year of author's death). When using images of Norwegian currency under fair use rules on other projects, see the Norges Bank Guidelines for the use of Norwegian banknote and coin designs for other conditions that apply, such as size regulations, maximum resolution etc.

[9]

全景自由 edit

可以 适用于建筑物 {{FoP-Norway}} 不可以,仅用于雕塑等其他作品的非商业用途。

Under the Act No. 40 of June 15, 2018,

  • A work can be depicted when it is permanently placed on or near a public space or road or similar publicly accessible place. However, this does not apply when the work is clearly the main subject, and the reproduction is used commercially. Buildings can be depicted freely.

[2018 §31]

This seems to imply that photographs of artistic works in public places are allowed if the depiction of the works is de minimis.

原创门槛 edit

Not protected

Two-minute theatre play.

[10]

Protected

[11]

參見 edit

引用 edit

  1. a b Norway Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
  2. Copyright Act (Act No. 40 of June 15, 2018, Relating to Copyright in Literary, Scientific and Artistic Works) (consolidated version, status as at December 20, 2018)[3] (in Norwegian), 2018 Lov om opphavsrett til åndsverk mv. (åndsverkloven) LOV-2018-06-15-40[4] (in Norwegian), 2018
  3. Act No. 120 of December 22, 2018, on Amendments to the Copyright Act, etc. (Portability of Online Content Services, etc.)[5] (in Norwegian), 2018
  4. Copyright Act (Act No. 2 of May 12, 1961, relating to Copyright in Literary, Scientific and Artistic Works) (consolidated version of 2015) (2015). Retrieved on 2018-11-13.
  5. Gisle Hannemyr. Lommejuss omkring digitale medier.
  6. Lov om endringer i åndsverkloven m.m. (Act on changes to the Intellectual Property Rights Act), (in Norwegian), accessed 19 August 2014.
  7. Statens vegvesen (State Highways Authority) (in Norwegian). Retrieved on 2019-03-29.
  8. Den norske kirke (in Norwegian). Den norske kirke (Church of Norway). Retrieved on 2019-03-29.
  9. Guidelines for the use of Norwegian banknote and coin designs. Norges Bank. Retrieved on 2019-03-29.
  10. "Huldra i Kjosfossen" - om åndsverkslovens krav til verkshøyde (in Norwegian). Norges Høyesteretts (21 September 2007).
  11. Jul i Blåfjell. Retrieved on 2019-03-29.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Sweden

瑞典

This page provides an overview of copyright rules of Sweden relevant to uploading works into Wikimedia Commons.

Note that any work originating in Sweden must be in the public domain, or available under a free license, in both Sweden 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 Sweden, refer to the relevant laws for clarification.

管辖法律 edit

Sweden has been a member of the Berne Convention since 1 August 1904, the WIPO treaty since 14 March 2010 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Act on Copyright in Literary and Artistic Works (1960:729) as the main copyright law enacted by the legislature of Sweden.[1]

This has been amended many times over the years that followed.[1] WIPO holds the text of this law with consolidated amendments up to Act (2017:323) of April 2017 in their WIPO Lex database.

[2]

一般规则 edit

Under Act 1960:729 with consolidated amendments up to Act (2017:323),

  • Copyright expires at the end of the 70th year after the author's death or, for a joint work, after the last surviving author's death.[729/1960-2017 §43]
  • For a cinematographic work, copyright expires at the end of the 70th year after the death of the last survivor of the principal director, screenwriter, dialogue writer and composer of music specifically created for the work.[729/1960-2017 §43]
  • For a musical work with text, copyright lasts to the end of the 70th year after the year of death of the last surviving of the composer and lyricist, if the music and text were created specifically for the work.[729/1960-2017 §43]
  • For works that have been published without the author being indicated by name, or by their widely known pseudonym or signature, copyright lasts until the end of the 70th year after they were made public. If the originator reveals their identity within this period, the provisions of §43 apply.[729/1960-2017 §44]
  • For works that have not been published and whose author is not known, copyright lasts until the end of the 70th year after the date in which the work was created.[729/1960-2017 §44]
  • If a person publishes a work for the first time after its copyright has expired, they have copyright until the end of the 25th year after the year when the work was published or made public.[729/1960-2017 §44a]
  • Photographs published after 1994 are protected for 70 years after the author's death if they exceed the threshold of originality required for full copyright protection (in the former law, the criterion was "artistic or scientific value"). The definition of a photographic work (fotografiskt verk), as opposed to a photo (fotografisk bild), is not precisely defined. There are still no precedents on this, but in practice, "work" has come to apply only to photos with distinctive originality, not to snapshot-like photos, such as press photos. Photos that lack originality are only protected for 50 years after creation. If the photograph was published before 1994, transitional regulations apply — see {{PD-Sweden-photo}}.
  • Government laws and ordinances, decisions and statements published by Swedish authorities, and official translations thereof, are not copyright protected.[729/1960-2017 §9]
  • Catalogs and charts containing compilations of a great amount of information, or being the result of a considerable investment, are under copyright for 15 years after the year of their creation, or if they have been published within 15 years from production — for 15 years after the year of publication.[729/1960-2017 §49]
  • Copyright for works of applied art created before 1960 expired 10 years after creation regardless of the time of death of the creator.[448/1970]

版权标签 edit

  • {{PD-Sweden-photo}}for images taken by unknown Swedish photographers before 1954 and for public domain photographic images, not photographic work, of Swedish origin taken before 1974
  • {{PD-Transportstyrelsen}}for Swedish road signs from the website of the Swedish Transport Agency.[3]
  • {{PD-Ugglan}}for images from the 2nd edition of Nordisk familjebok (Sweden, 1904–1926)
  • {{PD-Nordens Flora}}for images from Nordens Flora (Sweden, Author: C. A. M. Lindman, 1917–1926).
  • {{PD-SFJ}}for images from Svenska Familj-Journalen (1864–1887)
  • {{PD-Sjöfartsverket}}for Swedish maritime fairway sign produced by the Swedish Maritime Administration.[4]
  • {{PD-Sweden-URL9}}

for reproductions of law, decision, or report issued by a Swedish public authority (svensk myndighet) or an official translation of such a text.

货币 edit

 Not OK.

Currency may be protected by copyright in Sweden. Riksbanken advices that the original authors of the works used on banknotes and coins may decide to sue if they feel their moral rights have been violated (which may mean the economic rights are not an issue for Swedish currency). There were undecided lawsuits on the matter at the time of the deletion request. Riksbanken itself seems not to have any claims. On the issue of counterfeit Riksbanken cites the Euro instructions as probably sufficient safeguards.

[5]

微不足道 edit

Article 20a of the copyright law as of 2017 says:

  • It is allowed for a film or television program to include copies of works of art or public performances and transfer the artwork to the public, as long as the copy is of secondary importance with respect to the film or television program content. This may be done with artwork that appears in the background of, or otherwise forms an insignificant portion of an image.[729/1960-2017 §20a]

These are  不可以:

  • Thumbnail-sized photos on a screenshot - copyvio of two of the thumbnail-sized photos (NJA 2010 p. 135[9])
  • People on a scene with decorations in the background - copyvio of the background (NJA 1981 p. 313)

全景自由 edit

Public art edit

 Unsure but in accordance with Wikimedia Foundation's 2017 statement, 可以 and do not delete photos based only on the court rulingOn 4 April 2016, the Supreme Court of Sweden ruled, that Article 24 does not extend to publication by [Wikimedia Sweden] in their online repository offentligkonst.se, regardless of commercial intent.[6][7] 參見: {{FoP-Sweden}}

Under Act 1960:729 with consolidated amendments up to Act (2017:323) Article 24, the first paragraph of which ('works of art...') was ruled not to apply to online publication:

23. Bestämmelsen i 24 § första stycket 1 upphovsrättslagen, där inskränkningen i upphovsmannens ensamrätt är begränsad till avbildningar, ger inte Wikimedia rätt att från sin databas med fotografier av konstverk, stadigvarande placerade på eller vid allmän plats utomhus, överföra verken via internet till allmänheten. Huruvida förfogandet sker i kommersiellt syfte saknar betydelse. De hänskjutna frågorna ska besvaras i enlighet med detta.

Translation:

Error: No text given for quotation (or equals sign used in the actual argument to an unnamed parameter)

The reason BUS chose to target the site "offentligkonst.se" and not Wikimedia Commons was (probably) the fact that it made an intrusion to a right previously negotiated between BUS and the municipalities of Sweden (owners of the public art). The supreme court also used the requisite of a database for the ruling, not the publication of the images by themselves.

21. ... Det handlar här om en avvägning i förhållande till det syfte som databasen ska tillgodose (se p. 1). Detta syfte ligger i och för sig inom ramen för vad som kan ses som ett allmänt intresse. En databas av nu aktuellt slag öppnar emellertid för en stor användning av upphovsrättsligt skyddade verk, utan att någon ersättning betalas till upphovsmännen. Det blir därmed fråga om en betydligt större inskränkning i deras ensamrätt än vad bestämmelsen syftar till.

— Point 21 of the ruling of the Swedish Supreme Court.

Translation:

21. ... This is a trade-off in relation to the purpose that the database is to serve (see p. 1). This purpose is in itself within the framework of what can be seen as a public interest. However, a database of the current type allows for a large use of copyrighted works, without any compensation being paid to the authors. It is thus a question of a much greater restriction on their exclusive right than what the provision aims at.

Before the ruling, it was widely believed that the exception in § 24 of the Swedish copyright law applied, permitting depiction of works of art. The exception reads as follows:

Works of fine art may be reproduced in pictorial form
  • if they are permanently located on, or at a public outdoor location,[729/1960-2017 §24.1]
  • if the purpose is to advertise an exhibition and sale of works of art, but only to the extent necessary to promote the exhibition or sale,[729/1960-2017 §24.2] or
  • if they are part of a collective work, in a catalog, but not in digital form.[729/1960-2017 §24.3]
Buildings may be freely depicted.[729/1960-2017 §24.3]

Bildkonst Upphovsrätt i Sverige

(BUS, a collection society for visual arts), hold the position, that Article 24 does not apply to publication online. Others, such as the Swedish Wikimedia chapter, reject this position.

The Swedish Wikimedia chapter was sued in 2014 by BUS for alleged copyright violations of outdoor sculptures by providing a website that allows users to view locations of artwork on a map with links to photographs hosted on Wikimedia Commons.

On 4 April 2016, the Supreme Court of Sweden ruled that the first paragraph of Article 24 does not extend to publication in an online repository, regardless of commercial intent.

[6][7]

The implications of that ruling were discussed.

On 6 July 2017, the Patent and Market Court at Stockholm District Court said it thinks that the Article 24 does not give anyone the right to publish photographs of copyrighted public art on the Internet without the consent of the depicted work's author,[8][9] and ordered the Swedish Wikimedia chapter to cease from further distribution, and to pay damages and court costs.

[10][8]

The ruling was not appealed.

Following the WMF official statement on 9 August 2017[11], it's strongly recommend not to submit any deletion requests just based on simple reasons like "no FOP for artworks in Sweden", and try the best to keep the de facto uploads, with {{FoP-Sweden}} template permanently tagged. If for some other reasons than FOP that the affected files must be nominated for deletion, a Swedish-speaking user must be participated in the related deletion request to explain so.

参见:Commons talk:Copyright rules by territory/Sweden#Swedish FOP?

Information boards and maps edit

 Not OK

Information boards and maps are considered works of literature and are not covered by Article 24.

Architecture edit

 Unsure but in accordance with Wikimedia Foundation's 2017 statement, 可以 and do not delete photos based only on the court ruling. Architecture is covered in the second paragraph of Article 24:

Byggnader får fritt avbildas.

The paragraph was not discussed in the BUS vs WMSE case. However, WIPO gives a different perspective. Citing the BUS case, WIPO (2022, p. 20) states that "the Supreme Court of Sweden has held that Wikimedia required a license from the relevant right holder in order to lawfully display images of copyright-protected buildings."

Security edit

Swedish security law (2010:305) dictates, that it is illegal to depict certain sensitive locations in any form. However, this is a non-copyright restriction, and has not been upheld by the community as a limitation of copyrights as discussed on this page.

邮票 edit

Swedish stamps do not seem to have a copyright exception in Sweden, so stamps are in PD 70 years after the death of the engraver. 参见:Category talk:Stamps of Sweden

原创门槛 edit

"A simple general rule is that if it is unlikely that two persons would create, for example, a text identically or similarly, the text is probably sufficiently original to qualify as a protected work. (..) Often, the requirements for copyright protection are considered to be relatively low."

[12] From the court cases below it can be concluded that the threshold of originality in Sweden is significantly higher then the ditto in the United Kingdom even though it might be considered low compared to the one in the United States.

Status Example Notes
可以
The text itself can't be considered to fulfill the general threshold of originality considered for copyright protection. This same interpretation is made whether one sees it as Roman numerals or Latin letters. The logo itself does have some figurative design. The font must however, despite some inconsistancies along the edges, be considered as ordinary and the black rectangle in the background does not contribute to any distinctive character. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende nr 2017/00120/01, Registrering nr 540495
可以
The logo consists of an a and a 6. The round part of each character is not closed, however the characters are, besides that, made in a fairly ordinary font without any distinctive character. Between the characters is a simple, sun-feather resembelling, figure with a pointy tip which goes down between the characters. Above this figure there are four points, two to the left and two to the right. The logo is way to simple to be granted such copyright protection which can constitute an impediment for others' trademark registration. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende nr 2005/0006/0001, Registrering nr 369154.

This ruling was appealed to Patentbesvärsrätten (Patent court of appeals) which settled the original ruling (Mål nr 06-304, vm.reg. 369.154), albeit with one member of the court with a dissenting opinion. Unfortunately, they did not elaborate as to why they settled the original ruling.

可以
Technical drawing. According to decision by the Swedish Supreme Court.NJA 2004 s. 149
 不可以 https://shop.textalk.se/shop/4541/files/entombed/ENT_logo_web.png The logo has been created using a Gothic font in a way which is frequently used among bands in the genre in question [death metal]. The logotype can thus not be considered to fulfill the demands of originality and distinctive character needed for copyright protection. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende 2013/0133/0001, Registrering nr 514059.

According to the court, after a comprehensive assessment, the wordmark shows such level of indivudual, distinctive character that it must be considered to possess copyright protection. The court especially values the font of choice, the individual design of the first and last letter and the fact that the first and last letter has been written in caps. - Patent- och marknadsdomstolen (Patent and Market Court) PMÄ 10796-16

This ruling was appealed to Patent- och marknadsöverdomstolen (Patent and Market Court of Appeals) which settled the previous ruling (Mål nr PMÖÄ 5441-17). Unfortunately, they did not elaborate as to why they settled the previous ruling.

 不可以 A black-and-white version of fr:File:Dunderklumpen Logo.png Ruled above the TOO by Patent- och registreringsverket (Swedish Intellectual Property Office) (Varumärkesansökan nr 2014/00870), another part of the same ruling was appealed to the Patent- och marknadsdomstolen (Patent and Market Court) which settled the original ruling (Mål nr PMÄ 10748-16). Neither instance elaborated further as why the logo was ruled above the TOO but one can speculate that it was because it was a very obvious case.
 不可以 Michelin man lamp Ruled above the TOO by Patent- och registreringsverket (Swedish Intellectual Property Office) (Varumärkesansökan nr 2015/03538). The office did not elaborate further as why the logo was ruled above the TOO but one can speculate that it was because it was a very obvious case.
 不可以
Mini Maglite torch (Mål: T 1421-07, Högsta domstolen)
 不可以 瓷器 [10] "Sundborn", made by Rörstrand
 不可以 Photo illustrating a newspaper article RH 2009:18 (removed from the website in 2004 because of copyright infringement, protected as a photographic work for 70 years after author's death)
 不可以 针织衣物 (NJA 1995 s. 164)
 不可以 Technical drawings (NJA 1998 s. 563)

参见 edit

引用 edit

  1. a b c Sweden Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
  2. Act on Copyright in Literary and Artistic Works (1960:729) (in Swedish, with auto-translate tool). Sweden (2017). Retrieved on 2018-11-13.. Note that some paragraph breaks are missing, which can be very confusing.
  3. Swedish Transport Agency (Transportstyrelsen). Retrieved on 2019-03-29.
  4. Home. Swedish Maritime Administration (Sjöfartsverket). Retrieved on 2019-03-29.
  5. Copying and advertising. Riksbank. Retrieved on 2019-03-29.
  6. a b Högsta domstolen väljer att krympa det offentliga rummet istället för att gå på Wikimedia Sveriges linje Wikimedia Sverige blog, 2016-04-04 (in Swedish)
  7. a b The decision by the Supreme Court of Sweden in case Ö 849-15 announced in Stockholm April 4, 2016 (in Swedish)
  8. a b svenska Ruling by the Patent and Market Court at Stockholm District Court
  9. wikisource:sv:Sida:2016-04-04_Ö_849-15_Beslut.pdf/10
  10. svenska Investigation into FoP in Sweden by a Swedish scholar
  11. Official statement by Jrogers
  12. What may be protected?. Swedish Patent and Registration Office. Retrieved on 2019-03-29.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:United Kingdom

英国

本頁面概述了與將作品上傳到維基共享資源相關的英國版權規則。請注意,任何源自英國的作品在上傳到Wikimedia Commons之前必須在英國和美國處於公共領域,或在免費許可下可用。如果對來自英國的作品的版權狀況有任何疑問,請參閱相關法律進行澄清。

管辖法律 edit

英國自1887年12月5日起成為伯爾尼公約的成員,自1995年1月1日起成為世界貿易組織產權組織版權條約,自2010年3月14日起。[1]

截至2018年,聯合國機構世界知識產權組織列出了1988年版權、外觀設計和專利法(第48章,納入了對2017年數字經濟法案)作為英國立法機構頒布的主要知識產權法。[1] 產權組織在其WIPO Lex數據庫中保存了該法律的文本。[2] 該法案的最新版本也可在legacy.gov.uk上以結構化形式獲得。[3]

1988年以前,版权受1956年版权法案管理。

A November 2023 Appeal Court judgement (THJ v Sheridan, 2023) clarified that no new copyright is created in making a photographic reproduction of a two-dimensional public domain artwork, and that this has been the case since 2009.[4][5]

摘要 edit

  • 標準版權期限:終身+70年
  • Crown copyright:
    • 距首次商業出版50年,但
    • 1957年6月30日之前創作的版畫作品除外:創作後50年
  • 匿名作品
    • 1957年6月30日之前創作的照片:創作後70年(如果未發表),出版後70年(如果在創作後70年內發表)

概述 edit

与欧盟一样,英国的基本版权期限是作者的寿命加70年。作者必须是自然人,不能是公司。 不过,有一些细节必须加以考虑。 就版权期限而言,英国的作品可分为两类:政府作品和非政府作品。 前者受皇家版权和议会版权及其特殊期限规则的保护,后者则受普通版权期限规则的保护。

皇家版权 edit

判定皇家版权过期时间的图表

皇冠版權作品的基本保護期為商業出版之日起50年。對於在1956年版權法於1957年6月30日生效之前創作的皇冠版權作品,其他規則適用。1957年6月30日之前創作的皇冠版權照片的版權期限為創作後50年。在1957年6月30日之前創作的已出版皇冠版權版畫的版權期限為商業出版之日起50年。該時期未出版的皇冠版權版畫在2039年底結束版權。除1957年6月30日之前創作的版畫和照片以外的皇冠藝術作品的版權期限為自創作之日起50年。

其他特殊規則適用於1957年6月30日至1988年版權設計和專利法於1989年8月1日生效期間創作的皇冠藝術作品。在此期間創作的已出版版畫在商業出版50年後仍不受版權保護。在此期間創作的未出版版畫在2039年底與以前一樣不受版權保護。出版的照片在出版後50年不受版權保護。未發表的照片在2039年底失去版權。其他藝術作品在創作後50年失去版權。

Tim Padfield準備了一個流程圖來總結這些持續時間。[6]

皇冠版權錄音遵循與以下其他錄音相同的規則。

軍械測量開放數據許可證 edit

Ordnance Survey OpenData許可證被設計為與Creative Commons BY 3.0兼容,並且看起來沒問題。[7][8]

開放政府執照 edit

2010年出版的一些作品在英國開放政府許可證(OGL)下可用。[8]第一個版本旨在與CC BY 3.0許可證兼容,最新版本3與CC-BY-4.0許可證兼容。共有三個版本的OGL。以下模板可用:

OGL3許可不包括個人數據、徽標、軍徽、專利等。模板中提供了一個列表。

非商業政府牌照 edit

政府還發布了一項名為非商業政府許可證的許可證[9]。這是維基共享資源的unacceptable,因為它不允許商業複製。該許可證旨在用於少數極其有限的情況,並未在政府中廣泛採用。另見Commons:Deletion requests/File:Canoe Slalom - Kynan Maley.jpg

议会版权 edit

議會版權由1988年版權設計和專利法創建,其期限規則與1989年8月30日之後創建的皇家版權材料相同。

录音版权 edit

如果源材料不受版權保護,則錄音在首次出版70年後保留版權。

1957年6月1日之前創作的錄音的版權期限為創作後50年(1911年版權法第19條),因此它們現在都屬於公共領域。1957年6月1日至 1963年10月31日期間首次出版的錄音的版權期限為出版後50年(《1956年版權法》第12條),因此它們也屬於公共領域。版權從 2013年出版開始延長至70年,因此下一個進入公共領域的錄音將在2034年。

普通版权 edit

判定皇家版权过期时间的图表

對於普通的版權作品,最大的區別在於那些有已知作者的作品和那些有假名或匿名作者的作品。藝術作品和錄音製品的版權期限也有區別。1957年版權法和1988年版權設計與專利法的生效日期也至關重要。有關這些規則的摘要,請參見流程圖。[10] 這意味著在1988年法案生效之前版權已過期的一些作品將重新獲得版權。

已知作者 edit

如果作品是在1989年8月30日之後創作的,並且具有已知作者的版權,則版權在作者去世70年後到期。如果作品是在1957年6月30日之前拍攝的已知作者的照片,那麼版權也在作者去世70年後到期。如果作品是知名作者在1989年8月30日之前創作的非攝影藝術作品,則可以適用以下幾種情況:

  1. 如果作品是在作者有生之年發表的,那麼版權在作者死後70年到期。
  2. 如果作品在1989年8月30日之前出版,並且作者在出版前20年以上去世,則版權在出版後50年到期。
  3. 如果作品在1989年8月30日之前出版,並且作者在出版前不到20年去世,則版權在作者去世後70年到期。
  4. 如果作品在1989年8月30日之前沒有出版,並且作者在1968年之後去世,那麼版權在作者去世後70年到期。
  5. 如果作品未在1989年8月30日之前出版,並且作者在1969年之前去世,則版權將於2039年底到期。

未知作者 edit

Commons:Anonymous works:United_Kingdom 如果作者不詳,那麼要記住的基本時間段是70年。 如果作品的作者不詳且創作於1989年8月30日之後,則版權在創作後70年到期,或者如果在此期間作品通過出版向公眾提供,則在出版後70年。 如果該作品是在1957年6月1日之前拍攝的由未知作者拍攝的照片,則版權在創作後70年到期,如果在此期間該作品向公眾提供,則在70年後版權到期。 如果作品是在1969年之前由未知作者創作的,則可能適用以下幾種情況:

  1. 如果作品是在1989年8月30日之前出版的,那麼版權在首次出版後70年到期。
  2. 如果該作品未發表並且在1968年之後首次向公眾提供,則版權在該作品首次向公眾提供後70年到期。
  3. 如果作品未發表且從未向公眾公開,則版權將於2039年底到期。
  4. 如果作品未發表並且在1969年之前首次向公眾提供,則版權在2039年底到期。

印刷版权 edit

如果從英國出版物中掃描版權已過期的作品,則必須牢記印刷版權。[11] 這自出版之日起持續25年,涵蓋出版物的排版安排。 它在美國不存在。

出版权 edit

在英國必須牢記的一項與版權相關的權利是publication right。這適用於普通版權作品,但不適用於皇冠版權作品。如果未發表作品的版權已過期(在2040年之前幾乎不可能),則該作品的第一出版商有權獲得該作品的出版權。出版權與版權的規則相同,但僅持續25年。它在美國不存在。

数据库权限 edit

如果從1982年或以後的出版物中掃描材料,還必須牢記數據庫權利。該權利通常持續15年,自數據庫創建或實質性修改之日起。許多書籍因其信息的系統排列而被視為數據庫。根據過渡條款,1982年至1997年創作的作品也包含在數據庫中,直到2012年底,即原始立法通過後15年。它在美國不存在。

委託作品 edit

英國的委託作品規則由設計和藝術家版權協會(DACS)網站提供。[12]

因此,1988年版權、設計和專利法賦予作者專有權。這意味著,除非簽署了將版權轉讓給他人的協議,否則自1989年8月1日起委託作品的版權由作者或創作或設計該作品的人保留。但是,此規則可能有一些例外。例如,如果專員可能擁有使用作品的默示許可,至少出於佣金的目的,並且藝術家在受僱期間製作作品,則專員擁有版權。

1989年8月1日之前的委託作品的版權一般由委託人持有。

  • 對於1957年6月1日至1989年7月31日期間創作的委託作品,根據1956年版權法,當作品委託時,版權歸委託人所有。調試在此被定義為用金錢或等值的東西來支付工作的報酬或協議。 這意味著,藝術家在受僱期間創作的作品的版權仍屬於雇主專員。 由報紙、雜誌或期刊所有者僱用的藝術家創作的作品,但僅出於在上述出版物上發表的目的,同樣包括在內。在將委託作品用於其他用途的情況下,藝術家保留版權的所有權。
  • 1911年版權法適用於1912年7月1日至1957年5月31日的委託作品。它的規定與1956年版權法中的規定相同。
  • 對於1912年7月1日之前製作的委託作品,受1862年美術版權法管轄,規定為他人或代表他人出於良好和有價值的考慮而創作的繪畫、素描或照片的版權屬於專員。

版权标签 edit

以下是英國作品的版權標籤/模板。如果您要將英國作品上傳到Commons,請找到相應的標籤並將其添加到您上傳的項目的許可信息中(如果您願意,請複制和粘貼)。當您隨後保存文件時,這些標籤將展開以生成適合此類許可證的文本。

  • {{PD-UK-unknown}} – 版權已過期的未知作者的舊英國圖像
  • {{PD-UKGov}} – 版權已過期的英國皇冠版權圖片(通常是在1974之前創作的作品)
    • {{OldOS}} – 50多年前在英國出版的軍械測量圖。
    • {{OS OpenData}} – 在英國出版的軍械測量地圖。

英國的開放政府許可證(OGL)(以英語或威爾士語查看)是一套簡單的條款和條件,有助於免費重複使用廣泛的公共部門信息。 自2010年以來,幾乎所有英國皇家擁有的信息都根據開放政府許可證提供使用和重複使用。該許可證也被其他機構使用,包括地方政府。

開放議會許可證(OPL)促進免費使用下議院或上議院提供的材料,其中存在版權或數據庫權。議會及其委員會製作的幾乎所有材料都受開放議會許可證的約束。

支票 edit

在某些情況下可以。標準英國支票的設計低於原創性門檻。但是,許多檢查包括徽標、水印和其他足夠原始以受版權保護的特徵;這些支票不能上傳到Commons。

货币 edit

 不可以。英镑纸币完全受版权保护。英格兰银行持有纸币的版权,并且所有纸币都印刷有©告示。[13]任何纸币图片都不能上传至共享资源。任何英镑纸币的图片都将会删除。

硬币设计由皇家铸币局持有版权。[14]

发表硬币图片不受1981年伪造和仿制法案禁止。[15]其第19条只提到“模仿英镑硬币”,定义为“任何在形状、大小和物质上与英镑硬币相似的产物”。这暗指图片不能与实际硬币相似。然而因为这类图片只有在皇家铸币局官方同意的情况下才能发表,所以这类图片都不能上传至共享资源。

皇家鑄幣廠對硬幣設計的版權是皇家版權的一個實例。 50多年前創作的受皇家版權保護的雕塑現在屬於公共領域:使用{{PD-UKGov}}。 50多年前創作的英國硬幣圖片是允許的,前提是包含硬幣的作品的作者願意釋放他/她的版權以重新使用圖片,這是一個單獨的版權問題,也必須解決。

英格蘭銀行不是政府部門,因此其紙幣遵循通常的版權規則:通常是作者去世後70年({{PD-old-70}})或作者出版後70年未知({{PD-UK-unknown}})。

苏格兰和北爱尔兰银行会保留其各自的纸币版权,独立于英格兰银行;然而在英国,根据1981年伪造和仿制法案第18(1)条,“无论基于何种目的,是否以正确尺寸,复制任何英国货币纸币及其一部分”是犯罪行为。[15] “英国货币纸币”一词定义为“在英格兰、威尔士、苏格兰和/或北爱尔兰合法发行,习惯上在发行国作为或曾作为金钱,可作为通货票券的事物”,这包括苏格兰和北爱尔兰纸币,这一点与英格兰银行发行的纸币等价。

微不足道 edit

1988年英國版權、設計和專利法第31條(隨後於2003年修訂)規定:

  • 作品的版權不會因偶然包含在藝術作品、錄音、電影或廣播中而受到侵犯。

該法案中定義的"藝術作品"包括照片。

全景自由 edit

可以用於3D作品
可以用於二維"藝術工藝作品"
 不可以用於2D"圖形作品"{{FoP-UK}}

1988年英國版權、設計和專利法第62條比許多其他國家的相應規定更廣泛,並允許攝影師拍攝

  • 建築物,以及
  • 雕塑、建築模型和藝術工藝作品(如果永久位於公共場所或向公眾開放的場所)。

在不侵犯版權的情況下。此類照片可以以任何方式發布。

請注意,根據英國法律,"藝術工藝作品"與"圖形作品"是分開定義的。 圖形作品在第4節中被定義為任何繪畫、素描、圖表、地圖、圖表或計劃,任何雕刻、蝕刻、石版畫、木刻或類似作品。 第62條提供的自由不適用於圖形作品——例如壁畫或海報——即使它們永久位於公共場所。 未經版權所有者許可,這些內容不能上傳到Commons。

法院尚未對"藝術工藝作品"的含義建立一致的測試,但關於版權的標準參考作品之一"Copinger and Skone James"建議將作品視為此類作品創作者必須同時是工匠和藝術家。[16]意圖的證據製造者是相關的,並且根據"Hensher -v- Restawile"[1976]AC64的上議院案例,如果創建者有意識,它是相關且重要的,儘管不是最重要的或主要的考慮因素創作藝術作品的目的。作品沒有必要被描述為美術。

Hensher -v- Restawile中,舉例說明了可以被視為工藝品的典型物品,包括手繪瓷磚、彩色玻璃、鍛鐵門,以及高級印刷、裝訂和裝訂的產品、餐具、針線活和櫥櫃製作。

其他被認為屬於這一定義的作品包括手工編織的羊毛衫、具有高度紋理表面的織物(包括3D元素)、一系列陶器和餐具。這些案例分別是“Bonz -v- Cooke”[1994]3NZLR216(新西蘭)、“Coogi Australia -v- Hyrdrosport”(1988)157 ALR 247(澳大利亞)、“Walter Enterprises” -v- Kearns”(津巴布韋)在[1990]4 EntLR E-61和“Commissioner of Taxation -v- Murray”(1990)92 ALR 671(澳大利亞)中提到。

建築物一詞在第4(2)條中有相當廣泛的定義,包括任何固定結構,以及建築物或固定結構的一部分。

在英國和其他具有類似法律的國家中,廣泛的全景自由條款的實際效果是,不僅可以將公共建築和雕塑的照片上傳到下議院,還可以將永久公開展示的藝術工藝作品上傳到下議院。向公眾開放的博物館、畫廊和展覽。根據Copinger and Skone James的說法,向公眾開放這一表述大概將這一部分擴展到公眾僅在獲得許可或付費後才能進入的場所。[17]同樣,這比許多國家的措辭公共場所更廣泛。

設計和藝術家版權協會和Artquest提供有關英國全景自由的更多信息。[18][19]

邮票 edit

。1969年10月1日之前出版的英國郵票設計屬於皇冠版權,50年後到期,郵票進入公共領域。(參見Crown copyright)這也適用於大英帝國獨立前各個領土的郵票。

1969年,郵局作為一個非官方機構成立。此後,新英國郵票的版權由郵局或Royal Mail自行持有,因此一般不得上傳郵票。

原创门槛 edit

可以由樂高積木(見w:Interlego v Tyco Industries

 不可以用於大多數徽標。英國版權保護所需的原創性水平非常低。

In determining whether a work is protected, typographical copyright, publication rights and database rights need to be considered.

這些圖像有資格獲得版權保護:

[The defendants] submitted that the claimant can have no copyright in its EDGE logo because it is not original over the Franklin Gothic typeface. I do not accept this submission. The stretching of the font was combined with the distinctive slash and projection on the middle bar of the "E". What is required for artistic originality is the expenditure of more than negligible or trivial effort or relevant skill in the creation of the work: see Copinger and Skone James on Copyright 16th Ed at 3-130 and Ladbroke v. William Hill [1964] 1 WLR 273 at 287. The claimant's logo is original within this test.

— Mrs Justice Proudman, in: Future Publishing Ltd v The Edge Interactive Media Inc & Ors [2011] EWHC 1489 (Ch) at [10][21]

图片的数字拷贝 edit

2014年(2015年更新)英國的知識產權局發布了建議通知,其中部分內容是:[22]

......根据既定的判例法,法院说,版权只能存在于具有原创性的主题中,即它是作者自己的 "智力创造"。鉴于这一标准,仅仅是对旧作品进行修饰、数字化的图像似乎不太可能被视为 "原创"。这是因为,如果创作者的目的仅仅是忠实地复制现有的作品,那么他们行使自由和创造性选择的余地通常很小。

根据2018年放弃欧盟成员法案第6节,此决定仍对英国法院普遍有效执行。

This was restated in a November 2023 Appeal Court judgement (THJ v Sheridan, 2023) which confirmed that no new copyright is created in making a photographic reproduction of a two-dimensional public domain artwork, and that this has been the case since 2009. According to the judgement, the previously used "skill and labour" test had been replaced by the "author’s own intellectual creation" test.[4][5]

签名 edit

 不可以用於典型簽名。英國版權保護所需的原創性水平非常低,個人簽名是否有權獲得版權保護很容易爭論。根據英國法律,簽名可以作為圖形作品(一種藝術作品)受到保護。 無論藝術價值如何,藝術作品都受到保護。有多種來源指向這個方向,包括:

  • 從業者的文本Copinger and Skone James on Copyright中提到,在第1段。2-23,一個未報告的決定,即簽名與(顯然受版權保護的)屏蔽裝置相結合可以被授予藝術版權。
  • 德蒙福特大學的Charles Oppenheim教授:"無論藝術價值如何,圖形作品、照片、雕塑和拼貼畫都受到保護。您的簽名是一件藝術作品,正如您一直懷疑的那樣"參見聯合信息系統委員會的介紹(JISC)
  • Sallie Spilsbury,媒體法,2000年,p.439:個人的簽名可以作為藝術作品受到法律保護。如果是這樣,未經授權的簽名複製將侵犯版權。名稱本身不受版權保護;簽名的外觀受到保護。
  • Alan Story LLM,在"Owning Diana: From People's Princess to Private Property"中承認有可能("雖然有爭議")戴安娜的簽名作為原件可能有版權藝術作品。這很有趣,因為即使他是從反保護主義的角度寫作,故事也接受了這一點。
  • E. Chambré Hardman Archive Copyright Clinic page指出"某人的簽名也被認為是藝術作品,而不是文學作品。"

除非有進一步的法律評論或相反的判例法可用,否則英國的立場是,典型的個人簽名可以說有權受到當地法律的保護,通常英國的簽名應根據刪除預防原則。但是,如果簽名非常簡單(例如,一兩條潦草的線條),即使在英國也不屬於版權。

電腦產生的作品 edit

有別於大多數國家,英國為電腦產生的作品提供了特殊的有限版權保護期限,保護期限為創作後50年,作出創作該作品所需的安排的人視為作者。

参见 edit

引用 edit

  1. a b United Kingdom Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-12.
  2. Copyright, Designs and Patents Act 1988 (Chapter 48, incorporating amendments up to the Digital Economy Act 2017). United Kingdom (2017). Retrieved on 2018-11-11.
  3. Copyright, Designs and Patents Act 1988 (current). legislation.gov.uk. National Archives. Retrieved on 2019-03-29.
  4. a b THJ v Sheridan[6], , (Please provide a date or year), Wikidata Q124044396
  5. a b “Court of Appeal ruling will prevent UK museums from charging reproduction fees—at last”, in The Art Newspaper[7] (in en, it, el, fr, ru, zh), (Please provide a date or year), ISSN 0960-6556, Wikidata Q124044230
  6. Tim Padfield. Duration of Crown Copyright: Artistic Works. Copyright for Archivists. Retrieved on 2019-03-29.
  7. OS OpenData acknowledgements. Ordnance Survey. Retrieved on 2019-03-29.
  8. a b Open Government Licence. National Archives. Retrieved on 2019-03-29.
  9. Non-Commercial Government Licence. Software Package Data Exchange (SPDX). Retrieved on 2021-05-05.
  10. Tim Padfield. DURATION OF COPYRIGHT - Literary, dramatic, musical and artistic works. Copyright for Archivists. Retrieved on 2019-03-29.
  11. Tullo, Carol. Guidance - Copyright in Typographical Arrangement. The National Archives (United Kingdom). Retrieved on 10 March 2018.
  12. DACS - Knowledge Base - Factsheets - Commissioned works. DACS. Retrieved on 2021-06-18.
  13. Using images of banknotes. Bank of England. Retrieved on 2019-03-29.
  14. Advertising Guidelines. Royal Mint. Retrieved on 2019-03-29.
  15. a b Forgery and Counterfeiting Act 1981. legislation.gov.uk. Retrieved on 2019-03-29.
  16. "Copinger and Skone James on Copyright"(第18版,Sweet&Maxwell 2021第1卷,第3-155段。
  17. Copinger and Skone James on Copyright(第18版,Sweet&Maxwell 2021)第1卷,第9-289段。
  18. Factsheet: Sculpture and Works of Artistic Craftmanship on Public Display. Design and Artists Copyright Society. Archived from the original on 2021-04-18. Retrieved on 2024-03-24.
  19. Advertising and marketing art: Copyright confusion. Artquest.
  20. Maurizio Borghi (2 August 2011). UK: Future v. Edge (High Court Chancery Division), 13 june 2011. Kluwer Copyright Blog. Retrieved on 2019-03-29.
  21. Future Publishing Ltd v The Edge Interactive Media Inc & Ors [2011] EWHC 1489 (Ch) (13 June 2011). Retrieved on 2019-03-29.
  22. Copyright notice: digital images, photographs and the internet. Intellectual Property Office (4 January 2021). Retrieved on 30 January 2022.
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