Commons:Copyright rules by territory/Bosnia and Herzegovina
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Copyright rules: Bosnia and Herzegovina Shortcut: COM:BiH | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Collective | Publish + 70 years |
| Other | |
| Common licence tags |
{{PD-old-auto}} {{PD-BH-exempt}} {{PD-Bosnia and Herzegovina}} |
| ISO 3166-1 alpha-3 | BIH |
| Treaties | |
| Berne convention | 3 March 1992 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 25 November 2009 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Bosnia and Herzegovina relevant to uploading works into Wikimedia Commons. Note that any work originating in Bosnia and Herzegovina must be in the public domain, or available under a free license, in both Bosnia and Herzegovina 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 Bosnia and Herzegovina, refer to the relevant laws for clarification.
Background
Following World War I, Bosnia and Herzegovina became part of the Kingdom of Yugoslavia on 1 December 1918. After World War II it was part of the newly formed Socialist Federal Republic of Yugoslavia. After the dissolution of Yugoslavia, Bosnia and Herzegovina became an independent state on 3 March 1992.
Bosnia and Herzegovina has been a member of the Berne Convention since 3 March 1992 by virtue of succession from the former Yugoslavia. The declaration of succession was deposited on 2 June 1993.[1] Bosnia and Herzegovina acceded to the WIPO Copyright Treaty on 25 November 2009.[2]
The Yugoslav Copyright Act of 1978 applied in Bosnia and Herzegovina until it was replaced by the Law on Copyright and Related Rights in Bosnia and Herzegovina of 2002.[3] The 2002 Act was retroactive: "The Copyright Law (Official Gazette of the SFRY Nos. 19/78, 24/86 and 21/90), as well as legal regulations of the Entities regulating this matter which are incongruent to this Law, shall cease to be effective after this Law enters into force."[2002 Art 140]
The 2002 Law was replaced by the 'Copyright and Related Rights Law and the Law on the Collective Management of Copyright and Related Rights in Bosnia of 2010. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2010 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Bosnia and Herzegovina.[2] WIPO holds the text of this law in their WIPO Lex database.[4]
General rules
The Yugoslav Copyright Act of 1978 provided for copyright term of the life of the author plus 50 years, and for 25 years after publication for a photograph or a work of applied art. A work published in Bosnia and Herzegovina would have entered the public domain under this act, before the new copyright act of 2002 took force, if it met one of the following criteria:
- A work of known authorship and the author died before January 1, 1952
- An anonymous work and it was published before January 1, 1952
- A photograph or a work of applied art published before January 1, 1977
Under the 2002 Copyright Act,
- Authors' property rights continued during the author's life and 70 years after his/her death.[2002 Art 84(1)]
- If authors' rights belonged jointly to co-authors the 70 years term was counted from the death of the last deceased co-author.[2002 Art 84(2)]
- Author's rights on an anonymous or pseudonymous work continued for 70 years as of the lawful publication of the work if the identity of the author was nt revealed.[2002 Art 84(3)]
- If the holder of the author's property right was a legal entity, copyright ceased to exist after 70 years from publication of the work.[2002 Art 84(4)]
- The above terms ran as of January 1 of the year immediately following the year of the author’s death or the year in which the work was published.[2002 Art 84(5)]
Under the 2010 Law on Copyright and Related Rights,
- Copyright runs for the life of its author and for 70 years after his death, unless otherwise provided.[2010 Article 55]
- If copyright is jointly owned by co-authors, the term is calculated from the death of the last surviving co-author.[2010 Article 56]
- The copyright on an anonymous or pseudonymous work runs for 70 years from the day of the lawful disclosure of the work if the author remains unknown.[2010 Article 57]
- Copyright on collective works runs for 70 years from the day of the lawful disclosure thereof.[2010 Article 58]
- All the terms under this Chapter, with the exception of cases where the author withdraws, are calculated from January 1 of the year following the year in which the event as of which the commencement of a term is calculated occurred.[2010 Article 62]
Transitional rules
- Works of authors who died in 1945 or earlier are public domain both in Bosnia and Herzegovina and in the United States.
- Works of authors who died in 1946–51 are public domain in Bosnia and Herzegovina but copyrighted in the United States, since the URAA date for Bosnia and Herzegovina is 1 January 1996.
- Works of authors who died in 1952 or later are copyrighted in both countries.
- An exception applies to photographic and similarly-made works, and the works of applied art.
- There are considered free in the United States if published before 1 January 1971. The copyright on these works lasted for 25 years since publication per the 1978 Yugoslav copyright act.[5]
- They are public domain in Bosnia and Herzegovina if published before 1 January 1977, but are again copyrighted in the United States if published on 1 January 1971 or later.
- The publication right applies for all works published for the first time on 11 August 2010 or later, even if the copyright has already expired. It lasts for 25 years starting 1 January of the year following the year of the publication.
Not protected
See also: Commons:Unprotected works
There is no copyright protection for: ideas, concepts, procedures, work methods, mathematical operations; official texts in the domain of legislation, administration and judiciary (laws, regulations, decisions, reports, minutes, judgments and alike); political speeches and speeches made at court hearings; daily news or miscellaneous information having the character of mere items of press information; folk literary and artistic creations.[2010 Article 8]
Copyright tags
See also: Commons:Copyright tags
- {{PD-BH-exempt}} – for works exempt from copyright under Bosnia and Herzegovina law (“ideas, plans, …, official texts, …, professional reports, …” – see license template for details)
Currency
See also: Commons:Currency
Not OK. Banknotes and coins of the Central Bank of Bosnia and Herzegovina can only be reproduced with the express permission of the Bank, as defined by the law «Official Gazette of BiH» 1/97, Chapter 5, Article 47.[6]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK The 2010 law on copyright and related rights allows only non-commercial reproduction of works in public places:
- The free use of the works permanently located in squares, parks, streets or other places accessible by the public shall be permitted.[2010 Article 52(1)]
- The works referred to in paragraph (1) of this Article shall not be reproduced in three-dimensional form, used for the same purpose as the original work or used for gaining economic advantage.[2010 Article 52(2)]
- In the case of the use referred to in paragraph (1) of this Article, the source and authorship must be indicated if they are indicated on the work used.[2010 Article 52(3)]
The Bosnia and Herzegovina copyright law is based on the copyright law from Croatia but this article subtly differs from it, adding restrictions for commercial use.
Non-commercial license is forbidden on Wikimedia Commons as per Commons:Licensing#Forbidden licenses. See also a related discussion at Commons talk:Freedom of panorama/Archive 17#Bosnian Authorship Law and its Article 52.
See also
Citations
- ↑ Berne Notification No. 155 ... Declaration by the Republic of Bosnia and Herzegovina[1], WIPO, (Please provide a date or year)
- ↑ a b Bosnia and Herzegovina Copyright and Related Rights (Neighboring Rights). WIPO (2018). Retrieved on 2018-11-11.
- ↑ Law on Copyright and Related Rights in Bosnia and Herzegovina (2002). Retrieved on 2018-12-23.
- ↑ Law on Copyright and Related Rights. Bosnia and Herzegovina (2010). Retrieved on 2018-11-11.
- ↑ Zakon u autorskom pravu. Službeni list SFRJ XXXIV/19. Article 84. (14 April 1978). Retrieved on 2019-03-24.
- ↑ [Decision on the Conditions in which Banknotes and Coins can be Reproduced (in Bosnian). Official Gazette of BH, 5/10] (PDF 27 Kb). Central Bank of Bosnia and Herzegovina. Retrieved on 2019-03-24.