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Commons:Copyright rules by territory/Consolidated list C-D

This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.

Contents

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COM:Cambodia

Cambodia

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

BackgroundEdit

Cambodia became a protectorate of France in 1863, and regained independence on 9 November 1953.

Cambodia has been a member of the World Trade Organization since 13 October 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Cambodia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to Cambodia's Law on Copyright and Related Rights, 2003,

  • The protection of economic right starts from the date of the creation of a work and covers the life of the author, and the whole 50 years following his/her decease. In the case of a work of collaboration, the economic rights shall be protected during the life of the last surviving author and for 50 years after his/her death.[2003 Article 30]
  • For anonymous and pseudonymous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation. If the identity of the author is revealed or is established beyond doubt of the public before this period of expiration, copyright instead expires 50 years after the death of the author.[2003 Article 31]
  • For collective, audiovisual, or posthumous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation.[2003 Article 31]

Not protectedEdit

The following works shall not have under any protection by this law: a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations; b- Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations; Court decision or other court warrants; d- translation of the materials mentioned in the preceding paragraphs; e- Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work.[2003 Article 10]

Copyright tagsEdit

  • {{PD-Cambodia}} - Works where the (last surviving) author has been dead for over 50 years. Collective, anonymous, pseudonymous or collective audio-visual works 75 years after creation or publication.[2003 Article 30–31]
  • {{PD-CambodiaGov}} - ineligible for copyright because it is one of: "Constitution, Law, Royal Decree, Sub-Decree, ... other Regulation, ... Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations" and "Court decision or other court warrants" including translations thereof or "Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work."[2003 Article 10]

Freedom of panoramaEdit

X mark.svg Not OK - Copyright protection will be from the creation of work + life of the author + 50 years after his/her death.[2003 Article 30]

Freedom of panorama is only allowed for incidental inclusion: "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle subject for subsequent reproduction."[2003 Article 25]

StampsEdit

X mark.svg Not OK - Stamps are not among the government documents exempt from copyright.[2003 Article 10] They may count as anonymous or collective works, in which case copyright expires 75 years after publication. If the author is known, presumably they are protected for life + 50 years.[2003 Articles 31]

See alsoEdit

CitationsEdit

  1. a b Cambodia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright and Related Rights. Cambodia (2003). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Cameroon

Cameroon

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

BackgroundEdit

Cameroon became a German colony in 1884 known as Kamerun. After World War I, the territory was divided between France and the United Kingdom. In 1960, the French-administered part became independent as the Republic of Cameroun. The southern part of British Cameroons federated with it in 1961 to form the Federal Republic of Cameroon.

Cameroon has been a member of the Berne Convention since 1 January 1960, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 13 December 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2000/011 of December 19, 2000, on Copyright and Neighbouring Rights as the main copyright law enacted by the legislature of Cameroon.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to Cameroon's Law on Copyright and Neighboring Rights of 2000,

  • For individual or joint works, copyright lasts for 50 years after the death of the author or last surviving author.[2000/011 Section 37(1)]
  • For collective, audiovisual and applied art works, copyright lasts for 50 years after creation or publication, whichever is latest.[2000/011 Section 37(2)]
  • For anonymous and pseudonymous works, copyright lasts for 50 years after creation or publication, whichever is latest.[2000/011 Section 37(3)]
  • For posthumous works, copyright lasts 50 years from publication.[2000/011 Section 37(4)]

All durations last to the end of the last calendar year when they are in force.

Official worksEdit

Laws, court judgments and other official instruments, as well as their official translations, coats of arms, decorations, currency marks and other official insignia are not protected by copyright.[2000/011 Section 3(4)]

Public domain and folklore: not freeEdit

Upon expiry of the protection time limits referred to in Section 37, the exclusive right shall become public property. The exploitation of public works shall be subject to the respect of moral rights, to a prior declaration addressed to the Minister in charge of culture, and to the payment of royalty whose proceeds shall be kept in a cultural policy support account provided for in Section 5. The rate of the royalty shall be fixed by regulations.[2000/011 Section 39]

“Folklore” shall mean all productions involving aspects characteristic of traditional cultural heritage, produced and perpetuated by a community or by individuals who clearly reflect the expectations of such community, comprising particularly folk tales, folk dances and shows, as well as artistic expressions, rituals and productions of popular art.[2000/011 Section 2] Folklore shall belong originally to the national cultural heritage. Its representation, direct or indirect fixation for profit-making purposes shall be subject to prior authorization from the service in charge of culture, in return for payment of royalty whose amount shall be fixed by statutory instrument. The amount received shall be deposited in a cultural policy support fund.[2000/011 Section 5]

Freedom of panoramaEdit

X mark.svg Not OK, only non-commercial use is allowed.

Under Cameroon's Law on Copyright and Neighboring Rights, enacted in 2000, there is freedom of panorama for artwork and architecture permanently located in a public place, but only for non-commercial uses:

  • Works of art, including works of architecture, permanently kept in a public place, may be reproduced and made available to the public through photographic and audiovisual means.[2000/011 Section 32(1)]
  • Any exploitation for profit of these reproductions without the prior authorization of the author of the works referred to in the preceding paragraph shall be unlawful.[2000/011 Section 32(2)]

See alsoEdit

CitationsEdit

  1. a b Cameroon Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 2000/011 of December 19, 2000, on Copyright and Neighbouring Rights. Cameroon (2000). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Canada

Canada

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

BackgroundEdit

Canada was formed as a federal dominion in 1867, became largely independent of the United Kingdom with the Statute of Westminster of 1931, and became fully independent with the Canada Act of 1982.

Canada has been a member of the Berne Convention since 10 April 1928, the Universal Copyright Convention since 10 August 1962, the World Trade Organization since 1 January 1995 and the WIPO treaty since 13 August 2014.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (R.S.C., 1985, c. C-42) (consolidated version incorporating all amendments up to June 19, 2017) as the main copyright law enacted by the legislature of Canada.[1]

WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

All photographs (except those subject to Crown Copyright, for which see below) taken before 1 January, 1949 are in the public domain. For works from after that time, or non-photographs, the Copyright Act states a copyright subsists for the life of the author plus 50 years following the end of the calendar year of death (section 6). If the work is anonymous or pseudonymous then the copyright lasts either 50 years following publication or 75 years after the making of the work, whichever is earlier (section 6.1), provided the authorship does not become known in that timeframe.

Works subject to Crown Copyright enter the public domain 50 years after publication, except for certain very rare exceptions (see Wikipedia Crown copyright).

Copyright tagsEdit

CurrencyEdit

X mark.svg Not OK "The Bank of Canada is the registered copyright owner of all design elements of Canadian bank notes [...] The Bank's written permission for the reproduction of bank note images must be obtained before the image is reproduced." The sole exception is that "It is not necessary to request the Bank's permission to use bank note images for film or video purposes, provided that the images are intended to show a general indication of currency, and that there is no danger that the images could be misused." Other images of Canadian currency might still be permitted on local Wikipedia projects under fair dealing.

Counterfeiting law will not apply to any printed replica of Canadian printed money that is "less than 3/4 or greater than 1 1/2 times the length or width of the bank note; and in black and white or only one-sided."[3] Coins are copyrighted by the Royal Canadian Mint. There are charges for educational and commercial use, so they cannot be shown on Commons before the expiration of fifty years.[4]

De minimisEdit

Subsection 30.7 of the Canadian Copyright Act, 1985 states:

It is not an infringement of copyright to incidentally and not deliberately

(a) include a work or other subject-matter in another work or other subject-matter; or

(b) do any act in relation to a work or other subject-matter that is incidentally and not deliberately included in another work or other subject-matter.

Freedom of panoramaEdit

Symbol OK.svgOK for 3D works: {{FoP-Canada}}
X mark.svg Not OK usually for 2D works
Under Section 32.2 (1)(b) of the Canadian Copyright Act 1985, it is not an infringement of copyright for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work … (i) an architectural work (defined as any building or structure or any model of a building or structure"); or

  • (ii) "a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building".

Canadian law was originally derived from UK concepts and some of Commons:Copyright rules by territory/United Kingdom may therefore be of relevance, in particular the restricted legal meaning of "work of artistic craftsmanship". Some non-sculptural works can qualify for Canadian FOP under this clause, such as Body Shop Yonge.jpg for example. The freedom provided by the quoted section does not apply to typical two-dimensional works such as paintings, murals, advertising hoardings, maps, posters or signs. These cannot be uploaded to Commons without a licence from the copyright holder even if they are permanently located in a public place, unless they are in the public domain.

StampsEdit

Copyrighted There is no special provision for postage stamps. Section 12 of the 1921 Copyright Act of Canada states that for government works (work that is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department) the copyright is 50 years following the end of the calendar year during which the work has been published. This is known as Crown copyright.

Threshold of originalityEdit

Symbol OK.svgOK for most logos.

Unlike other common law countries, Canada's threshold of originality veers closer to that of the United States. CCH Canadian Ltd. v. Law Society of Upper Canada explicitly rejected the "sweat of the brow" doctrine for being too low of a standard, but at the same time, stated that the creativity standards for originality were too high:

A creativity standard implies that something must be novel or non-obvious — concepts more properly associated with patent law than copyright law. And for these reasons, I conclude that an “original” work under the Copyright Act is one that originates from an author and is not copied from another work. That alone, however, is not sufficient to find that something is original. In addition, an original work must be the product of an author’s exercise of skill and judgment. The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical exercise."

The same case also stated:

For a work to be “original” within the meaning of the Copyright Act, it must be more than a mere copy of another work. At the same time, it need not be creative, in the sense of being novel or unique. What is required to attract copyright protection in the expression of an idea is an exercise of skill and judgment. By skill, I mean the use of one’s knowledge, developed aptitude or practised ability in producing the work. By judgment, I mean the use of one’s capacity for discernment or ability to form an opinion or evaluation by comparing different possible options in producing the work. This exercise of skill and judgment will necessarily involve intellectual effort.

See alsoEdit

CitationsEdit

  1. a b Canada Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
  2. Copyright Act (R.S.C., 1985, c. C-42) (consolidated version incorporating all amendments up to June 19, 2017)[2], Canada, 2017
  3. Bank of Canada - Reproduction of banknotes
  4. Royal Canadian Mint - Intellectual property
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Cape Verde

Cape Verde

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

BackgroundEdit

Cape Verde was first settled by the Portuguese in the 15th century. The islands were incorporated as an overseas department of Portugal in 1951. They gained independence in 1975.

Cape Verde has been a member of the Berne Convention since 7 July 1997 and the World Trade Organization since 23 July 2008.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law as the main copyright law of Cape Verde.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by Decree-Law No. 2/2017 of November 16, 2017.[1] The amendment does to appear to affect the definitions of works or the durations of protection.[3]

Durations of protectionEdit

Under the Decree-Law No. 1/2009 of April 27, 2009,

  • The duration of protection granted to an author for a literary, artistic and scientific work shall be for the lifetime of the author plus 50 years following his death, even if it is a posthumous work.[2009 Article.25(1)]
  • A "Collective work" is one that was organized at the initiative and under the responsibility of a single or collective entity and in whose name it is published.[2009 Article.6(e)] Where it is possible to distinguish the individual contributions of some or all of the authors in a collective work, the provisions on individual contributions to works of joint authorship shall apply.[2009 Article.13(2)]
  • Newspapers and other periodicals shall be deemed to be collective works and copyright therein shall belong to the respective owners or publishers.[2009 Article.13(3)] Copyright in collective works shall lapse 50 years after the first disclosure or publication of the works.[2009 Article.26(2)]
  • Copyright in works published anonymously shall lapse 50 years after their disclosure or publication, starting from the first day of January of the calendar year following that in which the work was published beginning from the end of the calendar year in which it took place.[2009 Article.28(1)]
  • Copyright in an audiovisual work shall lapse 50 years after the death of the last survivor among (a) the director; (b) the author of the script and the dialogues or its adaptation; (c) the composer of the music; (d) the author and the director of the cartoons.[2009 Article.29]
  • Copyright in works of photography or applied arts shall lapse 25 years after such works are produced.[2009 Article.30]
  • Ownership of copyright in works of Cape Verdean folklore shall belong to the State, which shall exercise it through the Government department responsible for the culture sector.[2009 Article.15(1)] The protection of works of folklore shall have no time limit.[2009 Article.33]

The periods of protection established in the preceding articles shall only begin from the first day of January of the year following which the events referred to therein take place and shall remain in force until the last day of the year during which they lapse.[2009 Article.32]

Not protectedEdit

The following are not protected: (a) news of the day and reports of different events given simply for information, however disclosed: (b) laws and rulings of judicial and administrative bodies, as well as petitions, allegations, complaints and other texts submitted to public authorities or services; (c) political speeches, except when assembled in a volume by their authors; (d) simple facts and data; (e) ideas, processes, systems, operational methods, concerts, principles or discoveries, in themselves and as such.[2009 Article.10]

Public domain non-freeEdit

The use and exploitation, for financial gain, of works in the public domain shall be free as long as such use is subordinate to absolute respect for the moral rights, on the previous authorization of the member of Government responsible for culture and the payment of a fee to be set by the members of Government responsible for culture and finance, with the purpose of promotion and cultural development and social assistance to Cape Verdean authors.[2009 Article.34(4)]

Freedom of panoramaEdit

X mark.svg Not OK Limited to incidental or non-commercial use.

The following embodiments of works already lawfully published or disclosed shall be lawful, irrespective of authorization of the respective author and without any need for compensation, as long as the authenticity and integrity of the title and the name of the author are mentioned and respected: ... (d) reproduction, broadcasting or communication, by any other means, to the public, of the image of a work of architecture, three­ dimensional arts, photography or applied arts, which is kept permanently in a place open to the public, except if the image of the work is the main subject of the reproduction, broadcasting or communication in question, and if it were used for commercial purposes.[2009 Article.62.1(d)]

CitationsEdit

  1. a b c Cape Verde Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law. Cape Verde (2009). Retrieved on 2018-11-28.
  3. Cape Verde (16 November 2017). Decree-Law No. 2/2017 of November 16, 2017, on the First Amendment to Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law. Retrieved on 2018-11-28.
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COM:Cayman Islands

Cayman Islands

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

BackgroundEdit

England took formal control of the Cayman Islands, along with Jamaica, in 1670. The islands were governed as part of the Colony of Jamaica until 1962, when they became a separate Crown colony. The Cayman Islands today is an autonomous British Overseas Territory in the western Caribbean Sea.

Copyright works are protected in the Cayman Islands under rules defined in the Copyright (Cayman Islands) Order 2015 and the Copyright (Cayman Islands) (Amendment) Order 2016 which came into force on 30 June 2016. These order make a customized version of Part 1 of the United Kingdom's Copyright, Designs and Patents Act 1988 (including Schedule ZA1 and Schedule 1 of the Act) applicable to the Cayman Islands.[1] The Cayman Islands Intellectual Property Office defined durations of protection on its website in 2018.[2]

DurationsEdit

According to the Cayman Islands Intellectual Property Office as on November 2018, durations of protection are generally:

  • Written, dramatic, musical and artistic work: 70 years after the author’s death
  • Sound and music recording: 70 years from when it’s first published
  • Films: 70 years after the death of the director, screenplay author and composer
  • Broadcasts: 50 years from when it’s first broadcast
  • Layout of published editions of written, dramatic or musical works: 25 years from when it’s first published

CurrencyEdit

X mark.svg Not OK The Cayman Islands Money Authority holds the copyright on its currency notes. It permits reproductions with prior consultation with the Authority and if the reproduction is not on products for sale. Given the copyright status and the non-commercial use clause, their designs are not appropriate for use on Commons.[3]

See alsoEdit

CitationsEdit

  1. HSM IP (July 2016). HSM IP Copyright Client Guide CAYMAN ISLANDS. Retrieved on 2018-11-30.
  2. Duration of Protection. CIIPO: Cayman Islands Intellectual Property Office (2018). Retrieved on 2018-11-30.
  3. Reproduction Guidelines Currency Notes. Cayman Islands Monetary Authority. Retrieved on 2019-01-19.
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COM:Central African Republic

Central African Republic

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

Governing lawsEdit

France created the Ubangi-Shari territory in 1894 and ruled it as a colony until 1960, when it became fully independent as the Central African Republic.

The Central African Republic has been a member of the Berne Convention since 3 September 1977, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 31 May 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Ordinance No. 85.002 of January 5, 1985, on Copyrights as the main copyright law issued by the Executive of the Central African Republic.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Ordinance No. 85.002 of 5 January 1985,

  • The author's rights last for their lifetime and for 50 years counting from the end of their year of death, or in the case of collaborative works from the end of the year of death of the last surviving author.[85.002 Article 40]
  • For cinematographic, radiophonic and audiovisual works, protection lasts for 50 years from when it was lawfully made available to the public, or for 50 years from creation if it was not published within 50 years.[85.002 Article 40 (1)]
  • Works owned by a legal entity, anonymous and pseudonymous works and posthumous works are protected for 50 years from being lawfully made available to the public.[85.002 Article 41]
  • Photographs and works of applied art are protected for 20 years from creation.[85.002 Article 40 (2)]
  • Laws, official texts of administrative or judicial nature, or the official translations thereof are not subject to copyright.[85.002 Article 10]

Folklore: not freeEdit

Folklore belongs to the national heritage. It includes literary and artistic works created by national communities and transmitted from generation to generation. Public representation, performance or direct or indirect recording of folklore for profit requires authorization from the office responsible for copyright and payment of a royalty. The proceeds will be used to support cultural and social activities to the benefit of the authors.[85.002 Article 9]

CitationsEdit

  1. a b Central African Republic Copyright and Related Rights (Neighboring Rights)[3], WIPO: World Intellectual Property Organization, 2018
  2. Ordinance No. 85.002 of January 5, 1985, on Copyrights[4] (in French), Central African Republic, 1985
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COM:Chad

Chad

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

BackgroundEdit

France occupied the territory east of Lake Chad by 1920 and incorporated it into French Equatorial Africa. Chad obtained independence in 1960.

Chad has been a member of the Berne Convention since 25 November 1971, the Bangui Agreement since 5 November 1988 and the World Trade Organization since 19 October 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 005/PR/2003 of May 2nd, 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore as the main copyright law enacted by the legislature of Chad.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Law No. 005/PR/2003 of May 2nd, 2003:

  • The author shall, during his lifetime, enjoy the exclusive right to exploit his work. On the author's death, this right shall subsist during the current calendar year and for 70 years thereafter.[005/PR/2003 Article 39]
  • With works of joint authorship, with the exception of audiovisual and radio works of joint authorship, the calendar year taken into account shall be that of the death of the last surviving joint author.[005/PR/2003 Article 40]
  • The term of protection of audiovisual and radio works of joint authorship shall expire 50 years after the work has been lawfully made accessible to the public or, where no such event occurs during the seventy (70) years following the making of the work, fifty (50) years after its making.[005/PR/2003 Article 40]
  • In the case of collective works, the duration of the exclusive right is 50 years from January 1 of the calendar year following that in which the work was published.[005/PR/2003 Article 41]
  • With anonymous or pseudonymous works, the duration of the exclusive right is 50 years from January 1 of the calendar year following that in which the work was published.[005/PR/2003 Article 42]
  • With posthumous works, the duration of the exclusive right is 50 years from the date of publication of the work.[005/PR/2003 Article 43]
  • With works of applied art, the rights lapse on expiry of a period of 25 years after the creation of such work.[005/PR/2003 Article 45]

Copyright protection does not apply to official texts of a legislative, administrative or legal nature, or any translation thereof.[005/PR/2003 Article 9]

Public domain and folklore: not freeEdit

The integrity or authorship of works may not be infringed even where they are not protected by the law. The exploitation of such works shall be subject to the collection of royalties by the Chadian Copyright Office provided for in Article 119 of the present Law, which shall use them for welfare and cultural purposes for the benefit of Chadian authors and performers.[005/PR/2003 Article 3]

"Expressions of folklore" are productions consisting of characteristic elements of the traditional artistic heritage developed and perpetuated by a community of the Republic of Chad or by individuals who are unknown but are recognized as meeting the artistic aspirations of such community and including folk tales, folk poetry, folk songs and instrumental music, folk dancing and entertainments and also the artistic expressions of rites and productions of folk art.[005/PR/2003 Article 1(16)] Expressions of folklore shall belong by their origin to the national heritage.[005/PR/2003 Article 82]

The following uses of "expressions of folklore" shall be subject to the authorization of the Chadian Copyright Office, where they are carried out both for profit making purposes and outside their traditional or customary context: ­ any publication, reproduction and distribution of copies of "expressions of folklore";­ any recitation or public performance, any transmission by wire or by wireless means, and any other form of communication to the public of "expressions of folklore".[005/PR/2003 Article 85] The authorization of the Chadian Copyright Office shall be granted against payment of a royalty. The proceeds of such royalty shall be managed by the Chadian Copyright Office and used for cultural or welfare purposes for the benefit of the communities of origin, authors and performers in Chad.[005/PR/2003 Article 86]

Freedom of panoramaEdit

Symbol OK.svgOK for incidental use. As an exception to copyright, it shall be permitted to reproduce, broadcast or communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work or a work of applied art that is permanently located in a place open to the public, except where the image of the work is the main subject of such reproduction or communication and where it is used for profit­ making purposes.[005/PR/2003 Article 37]

CitationsEdit

  1. a b Chad Copyright and Related Rights (Neighboring Rights)[5], WIPO: World Intellectual Property Organization, 2018
  2. Law No. 005/PR/2003 of May 2nd, 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore[6], Chad, ???
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Chile

Chile

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

BackgroundEdit

What is now Chile was colonized by Spain in the mid-16th century. Chile declared its independence from Spain in 1818.

Chile has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 5 June 1970, the World Trade Organization since 1 January 1995 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 29 May 2014 version of Law No. 17.336 on Intellectual Property (as amended up to Law No. 20.750 on the Introduction of Digital Terrestrial Television) as the main IP law enacted by the legislature of Chile.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

As of the 2014 revision:

  • Protection lasts for the author's life, then for 70 years after the date of death.[17.336/2014 Art.10]
  • Works made for hire are protected for 70 years from first publication.[17.336/2014 Art.10]
  • For collaborative works, the term of 70 years runs from the death of the last surviving co-author.[17.336/2014 Art.12]
  • Anonymous or pseudonymous works are protected for 70 years from first publication, or if not published within 50 years of creation the protection will be for 70 years from the end of the calendar year of creation.[17.336/2014 Art.13]

Common cultural heritageEdit

The common cultural heritage includes.[17.336/2014 Art.11]:

a) Works whose term of protection has been extinguished;
b) Work of an unknown author, including the songs, legends, dances and expressions of the folkloric heritage;
c) Works whose owners waived the protection granted by this law;
d) Works of foreign authors, domiciled abroad that are not protected by international conventions that Chile subscribes to and ratifies;
e) Works that were expropriated by the State, unless the law specifies a beneficiary.

Works of common cultural heritage may be used by anyone, provided that paternity and the integrity of the work is respected.

Copyright tagsEdit

CurrencyEdit

X mark.svg Not OK The Central Bank of Chile holds the intellectual property for the designs of banknotes and coins in circulation, and those designs are registered with the Department of Intellectual Property (N° 115.594). This is expressed in Sections 28 of the Constitutional Organic Act. Publication or reproduction of such designs without the consent of the Bank is prohibited, and subject to criminal and civil sanctions.[17.336/2014 Art.78][3]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Chile}} The Chilean copyright law 17336 provides freedom of panorama:

  • The reproduction of architectural works through photography, cinema, television or any other similar process, as well as the publication of the corresponding photographs in newspapers, reviews, books and texts intended for educational purposes, shall be free and not subject to payment, provided that this is not in a complete or partial separate collection, without the author's consent.[17.336/2014 Art.71F]
  • Similarly, the reproduction through photography, drawing or any other process, of monuments, statues and, in general, those artistic works that adorn squares, avenues and public places on a permanent basis, shall be free and not subject to payment, provided that the publication and sale of the reproductions is lawful.[17.336/2014 Art.71F]

Threshold of originalityEdit

The phrase "Estamos bien en el refugio los 33", a message from the Copiapó miners (penned by Jose Ojeda), was copyrighted.[4]

See alsoEdit

CitationsEdit

  1. a b Chile Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 17.336 on Intellectual Property (as amended up to Law No. 20.750 on the Introduction of Digital Terrestrial Television). Chile (2014). Retrieved on 2018-11-08.
  3. $CLP Chilean peso. Central Bank Counterfeit Deterrence Group. Retrieved on 2019-01-21.
  4. Message which brought hope now copyright of Chile miner. BBC (22 October 2010). Retrieved on 2019-01-21.
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COM:China

China

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

Different legal regimes and copyright terms apply in the special administrative regions of Hong Kong and Macao, and in Taiwan.

BackgroundEdit

China has been independent for centuries, first as an empire and then since 1912 as a republic. Hong Kong was ceded to Britain in 1842, and in 1 July 1997 was returned to China as a special administrative region. In 1887 Portugal gained rights to Macao, which was returned to China as a special administrative region in 1999. The Japanese seized Manchuria in 1931 and created the puppet state of Manchukuo. This was returned to China in 1946.

After the Chinese Civil War the government of the Republic of China fled to Taiwan in 1949, but continued to claim to be the legitimate government of mainland China. The mainland People's Republic of China does not recognise the legitimacy of the Republic of China, and claims sovereignty over Taiwan. The same copyright rules apply to mainland China and Taiwan up to 1949.

China has been a member of the Berne Convention since 15 October 1992, the Universal Copyright Convention since 30 October 1992, the World Trade Organization since 11 December 2001 and the WIPO Copyright Treaty since 9 June 2007.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Law of the People’s Republic of China (as amended up to the Decision of February 26, 2010, by the Standing Committee of the National People's Congress on Amending the Copyright Law of the People's Republic of China) as the main copyright law enacted by the legislature of China.[1] WIPO holds an English-language translation of the text of this law in their WIPO Lex database. Wikisource has a Chinese version and an English translation.[2][3][4] The 2010 law is retroactive.

  • The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations as provided in this Law, of which the term of protection specified in this Law has not yet expired on the date of this Law's entry into force, shall be protected in accordance with this Law.[2010 Art.60]

The same provision was also given in Article 55 of the Copyright Law of the People's Republic of China dated 1990.[5]

GeneralEdit

According to the 2010 Copyright Law of the People's Republic of China,

  • A work created by a citizen when fulfilling the tasks assigned to him by a legal entity or another organization shall be deemed to be a service work. Unless otherwise provided in Paragraph 2 of this Article, the copyright of such a work shall be enjoyed by the author, but the legal entity or organization shall have a priority right to exploit the work within the scope of its professional activities....[2010 Art.16]
  • The rights of authorship, alteration and integrity of an author shall be unlimited in time.[2010 Art.20]
  • The term of protection for the right of publication ... in respect of a work of a citizen shall be the lifetime of the author and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the author.[2010 Art.21]
  • In the case of a work of joint authorship, such term shall expire on 31 December of the fiftieth year after the death of the last surviving author.[2010 Art.21]
  • Where the copyright belongs to a legal entity or other organization or in respect of a work created in the course of employment where the legal entity or other organization enjoys the copyright (except the right of authorship), the term shall be fifty years, and expires on 31 December of the fiftieth year after the first publication of such work, provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law.[2010 Art.21]
  • The term of protection for a cinematographic work, a work created by virtue of an analogous method of film production or a photographic work shall be fifty years, and expires on 3l December of the fiftieth year after the first publication of such work, provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law.[2010 Art.21]

According to the Implementing Regulations of the Copyright Law of the People's Republic of China:[6]

  • Article 13: In the case of a work of an unknown author, the copyright, except the right of authorship, shall be exercised by the lawful holder of the original copy of the work. Where the author has been identified, the copyright shall be exercised by the author or his heir in title.
  • Article 16: The using of copyright enjoyed by the State shall be managed by the State Council copyright administration departments.
  • Article 17: In the case of posthumous works, the right of publication may be exercised by the author's heir in title or other behested beneficiary within a period of 50 years, unless the author expressly had stated otherwise. In the absence of an heir in title or other behested beneficiary, the said right shall be exercised by the lawful holder of the original copy of the work.
  • Article 18: In the case of a work of an unknown author, the protection term in relation to the rights as mentioned by item 5 to item 17 of first paragraph of Article 10 of the Law shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Law shall be applicable after the author of the work has been identified.

According to the General Principles of the Civil Law of the People's Republic of China, Article 100, photographs of regular people may not be used for profit (commercially) without their consent.[7]

Not protectedEdit

According to the 2010 Copyright Law of the People's Republic of China, this Law shall not be applicable to: (l) laws; regulations; resolutions, decisions and orders of State organs; other documents of a legislative, administrative or judicial nature; and their official translations; (2) news on current affairs; and (3) calendars, numerical tables and forms of general use, and formulas.[2010 Art.5]

Copyright tagsEdit

  • {{PD-China}} – for images in the public domain according to the People's Republic of China (mainland) and the Republic of China (Taiwan).
  • {{PD-China-film}} – for movies or images from movies published in the China more than 50 years ago according to Mainland China and Taiwan.
  • {{PD-Empire of China Government Gazette}} – for the Government Gazette from May January to March 1916 (Hongxian Year 1) by the Empire of China.
  • {{PD-Manchukuo-stamps}} – for images of Manchukuo stamps that are now in the public domain in China.
People's Republic of China
Republic of China

Works with these tags may be published before or after 1949 within the jurisdiction of the Republic of China:

Older (1912–1949) works published within the jurisdiction of the Republic of China

CurrencyEdit

X mark.svg Not OK. The use of Renminbi designs is subject to approval. According to the Measures for the Administration of the Use of Renminbi Designs (人民币图样使用管理办法):

  • Article 4 The use of Renminbi designs shall be put under the examination and approval system of one approval for one matter. The People's Bank of China shall be the examination and approval organ for the use of Renminbi designs, and all the branches of the People's Bank of China shall be the organs that accept applications for the use of Renminbi designs.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-China}} The reproduction of artistic, architectural, or applied artwork, is covered under the Copyright Law of the People's Republic of China, which allows reproduction of works in a public place if the author and the name of the original work is attributed.

  • Article 22: In the following cases, a work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner by virtue of this Law are not infringed upon:
    (1) use of a published work for the purposes of the user's own private study, research or self-entertainment;
    (2) appropriate quotation from a published work in one's own work for the purposes of introduction of, or comment on, a work, or demonstration of a point;
    (8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery or similar institution, for the purpose of the display or preservation of a copy of the work;
    (10) copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place;...
    The provisions in the preceding paragraph shall be applicable to the limitations on the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

The "Copyright Law of the People's Republic of China" (2001) Article 22, clause 10 states that:

[A] work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner by virtue of this Law are not infringed upon...
in the case of:
copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place

Regulations and court decisions regarding to freedom of panorama:

The following examples are Symbol OK.svgOK:

  • Photos of the Tian Tan Buddha sculpture. See the court ruling of a civil law case, in which the court ruled that commercial use of a photo of the Tian Tan Buddha by a telecommunications operator on their IP phone cards is permissible.
  • Photos of the May Wind sculpture. Shandong Province Higher People's Court ruled in a civil case that the usage of an image of this sculpture as a wallpaper in cellphones by a cellphone manufacturer is permissible. China's Supreme Court later on endorsed this ruling.

Threshold of originalityEdit

The following example is Symbol OK.svgOK:

  • "Matchstick man" (image) with a black sphere as a head, black lines as torso, limbs and feet is not copyrightable for lacking originality, ruled Beijing Municipal High People's Court (source).

The following examples are X mark.svg Not OK:

are copyrighted (Copyright Law of the PR China: "Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law." ; "Article 3 'Works' mentioned in this Law shall include [...] in the following forms: (4) works of fine art and architecture" ; Regulations for the Implementation: "Article 4 (8) 'works of fine arts' means [...] such as paintings, works of calligraphy and sculptures;")
  • Handwriting: a hand-written manuscript was deemed copyrightable as work of art, according to a decision made by Nanjing Intermediate People's Court (source).
  • "LY" company logo (archived from the original), although arguably relatively simple, has been ruled copyrightable by Trademark Appeal Board of the State Administration of Industry & Commerce, Beijing Intellectual Property Court, and Beijing Municipal High People's Court.
  • Typefaces of characters "笑", "喜", and "城市宝贝" in these two logos are copyrightable, ruled Nanjing Intermediate People's Court. However the character "巴" in the same logo was decided not copyrightable for lacking originality in the same decision. (source, court decision full text: [13][14])
  • Gang Heng logo: China's Supreme People's Court ruled this logo to be protected by copyright (news article, archived from original).

See alsoEdit

CitationsEdit

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Colombia

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

BackgroundEdit

The Republic of Colombia was declared in 1886. Panama was included in Gran Colombia from 1821, and seceded as an independent nation in 1903.

Colombia has been a member of the Universal Copyright Convention since 18 June 1976, the Berne Convention since 7 March 1988, the World Trade Organization since 30 April 1995 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 Law No. 23 of January 28, 1982, on Copyright as the main copyright law enacted by the legislature of Colombia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This has been modified by

  • Law No. 719 of December 24, 2001
  • Law No. 1403 of July 19, 2010
  • Law No. 1450 of June 16, 2011
  • Law No. 1835 of June 9, 2017
  • Law No. 1915 of July 12, 2018

General rulesEdit

According to the Colombian Law 23 of 1982 on Copyright, amended by Law 44 of 1993, Article 2 and Law 1520 of 2012,

  • The author rights expire 80 years after the death of the author or the death of the last coauthor. Where the copyright has been transferred by means of an act between living persons, the protection period still remains for 80 years after the death of the author.[23/1982–2018 Art 11,21]
  • Protection for compilations, dictionaries, encyclopedias and other collective works lasts 80 years from date of publication.[23/1982–2018 Art 24]
  • Protection of anonymous works expires 80 years from the date of publication.[23/1982–2018 Art 25]
  • Protection for cinematic works lasts 80 years after the movie's premiere.[23/1982–2018 Art 26]
  • In all cases where a literary, scientific or artistic work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.[23/1982–2018 Art 27]
  • In all cases where the applicable term of protection starts on the date of publication, the said term shall be understood to end on December 31 of the relevant year.[23/1982–2018 Art 28]

Copyright tagsEdit

  • {{PD-Colombia}} – generally 80 years after the author's death or 80 years after publication of audiovisual works, collective works and anonymous works. In all cases where a work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.

CurrencyEdit

X mark.svg Not OK within 70 years of publication of the design.

Both banknotes and coins are produced by the Banco de la República, the Colombian central bank. They claim all rights reserved on their website in the footer of all pages, and in a legal disclaimer (Spanish: [15]) which asserts intellectual property over the website's designs and trademarks. There is no further information provided about the legality of photographic reproductions or similar. Colombia's copyright law has no exemption for government works, meaning that the Bank is permitted to claim copyright, for up to 70 years from the date of publication. The law makes no exemptions for banknotes or currency either.

Freedom of panoramaEdit

✓OK {{FoP-Colombia}}

  • It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works that are permanently located on public highways, streets or squares, and to distribute such reproductions or works and communicate them to the public. With regard to works of architecture, this provision shall be applicable solely to outward views.[23/1982–2018 Art 39]

StampsEdit

Copyrighted Stamps appear to be out of copyright after 70 years. If stamp is published before 1 January 1949 please use {{PD-Colombia}}.

See alsoEdit

CitationsEdit

  1. a b Colombia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 23 of January 28, 1982, on Copyright. Colombia (1982). Retrieved on 2018-11-08.
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COM:Comoros

Comoros

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

BackgroundEdit

The Comoros became part of the French colonial empire towards the end of 19th century. The island group became independent in 1975.

The Comoros has been a member of the Berne Convention since 17 April 2005 and the Bangui Agreement since 25 May 2013.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of March 11, 1957, on Literary and Artistic Property as the main copyright law enacted by the legislature of the Comoros.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Law of March 11, 1957,

  • The author enjoys, during his life, the exclusive right to exploit his work. On the death of the author, this right subsists for his successors during the current calendar year and the next fifty years.[1957 Article 21]
  • For works of collaboration, the calendar year taken into consideration is that of the death of the last surviving joint author.[1957 Article 21]
  • For collective works, the person or legal entity under whose name the work was published has the rights of the author.[1957 Article 13]
  • For pseudonyms or collective works, the duration of the exclusive rights is 50 years from 1 January of the calendar year following the year of publication.[1957 Article 22]
  • For posthumous works, the term of exclusive right is 50 years from the date of publication of the work.[1957 Article 23]

CitationsEdit

  1. a b Comoros Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Law of March 11, 1957, on Literary and Artistic Property. Comoros (1957). Retrieved on 2018-11-05.
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COM:Costa Rica

Costa Rica

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

BackgroundEdit

Costa Rica came under Spanish rule in the 16th century. It gained independence on 15 September 1821.

Costa Rica has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 10 June 1978, the World Trade Organization since 1 January 1995 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 Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 8834 of May 3, 2010) as the main copyright law enacted by the legislature of Costa Rica.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to Law Nº 6683 as amended up to 2010,

  • Copyright lasts for the life of the author and 70 years after their death.[6683/2010 Article 58]
  • When the duration of protection of a work is calculated on a basis other than the life of a natural person, this duration shall be:
    • 70 years from the year of publication.[6683/2010 Article 58(a)]
    • If publication does not occur within 70 years from creation, protection lasts 70 years from the year the work was first made available to the public.[6683/2010 Article 58(b)]
    • If the work was neither published not made available to the public with 70 years from creation, it is protected for 70 years from creation.[6683/2010 Article 58(c)]*With collaborative works the term of 70 years is counted from the death of the last co-author.[6683/2010 Article 59]
  • Dictionaries, encyclopedias and other collective works are protected for 70 years from publication.[6683/2010 Article 60]
  • Anonymous and pseudonymous works are protected for 70 years from publication.[6683/2010 Article 62]

The terms of protection given above are counted from 31 December of the year of the event that started them.[6683/2010 Article 65]

Government worksEdit

According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):

  • Everyone is allowed to freely reproduce constitutions, laws, decrees, municipal agreements, regulations and other public acts, as long as they strictly conform to the official edition. Individuals can also publish the codes and legislative collections, with notes and comments, and each author will own their own work.[6683/2010 Article 75]
  • The State, municipal councils and official corporations shall enjoy the protection of this law, but with regard to economic rights, they shall have them for only 25 years from publication of the work, except in the case of public entities, whose purpose is the exercise of these rights as an ordinary activity; in which case the protection will be 50 years.[6683/2010 Article 63]

Copyright tagsEdit

CurrencyEdit

  • X mark.svg Not OK Currency less than 25 years old.
  • Pictogram-voting-question.svg Uncertain Currency between 25 and 50 years old.
  • Symbol OK.svgOK Currency more than 50 years old.

The Central Bank of Costa Rica (Banco Central de Costa Rica) is the "copyright holder of Costa Rica’s currency design -protected under Law No. 6683"[3] According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):

  • The State, the municipal councils and the official corporations shall enjoy the protection of this Law, but, as far as economic rights are concerned, only for 25 years from the date of publication of the work, except in the case of public bodies whose purpose is the exercise of such rights as their normal activity, in which case protection shall be for 50 years.[6683/2010 Article 63]

All images of Costa Rican currency must use {{Currency}}, as the Central Bank of Costa Rica has placed several Non-copyright restrictions on use of images of Costa Rican currency.[3]

Freedom of panoramaEdit

X mark.svg Not OK: According to Law Nº 6683 as amended up to 2010, only non-commercial use is allowed:

  • It is lawful make reproductions by photographic or other pictorial processes, when this reproduction is non-commercial, of statues, monuments and other works of art protected by copyright, acquired by the government, exposed in the streets, gardens and museums.[6683/2010 Article 71]

StampsEdit

Red copyright.svg The basic copyright law of Costa Rica is: Ley Nº 6683 - Ley de Derechos de Autor y Derechos Conexos. There are no specific provision for copyrights of postage stamps, but all works are copyrighted until 70 years after the author's death. In the case of government agencies and other public entities the copyrights of official works expired after 25 years, and in special cases after 50 years (i.e. books), both since the original publication date.

See alsoEdit

CitationsEdit

  1. a b Costa Rica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 8834 of May 3, 2010). Costa Rica (2010). Retrieved on 2018-11-08.
  3. a b Lineamientos para uso de imágenes​​. Banco Central de Costa Rica. Retrieved on 2019-01-18.
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COM:Croatia

Croatia

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

BackgroundEdit

Croatia was part of Austria-Hungary for many years, then from 1918 became part of the newly-formed Kingdom of Serbs, Croats and Slovenes, renamed Yugoslavia in 1929. Croatia became independent of Yugoslavia on 8 October 1991.

Croatia has been a member of the Berne Convention since 8 October 1991, the World Trade Organization since 30 November 2000 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 and Related Rights Act and Acts on Amendments to the Copyright and Related Rights Act (OG Nos. 167/2003, 79/2007, 80/2011, 141/2013 and 127/2014) as the main IP law enacted by the legislature of Croatia.[1] WIPO holds the text of these acts in their WIPO Lex database. Note that the text is not consolidated, but provides the text of the original 2003 act followed by the text of each of the amending acts.[2]

The 2003 Act replaced the 1991 Copyright Act.[3] This in turn replaced the 1978 Yugoslav Copyright Act.[4]

General rulesEdit

Based on the Copyright and Related Rights Act amended up to 127/2014,

  • Copyright shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully released, unless otherwise provided by this Act.[127/2014 Article 99]
  • If the co-authors ... are the holders of joint copyright in the created work, the term referred to in Article 99 of this Act shall be calculated from the death of last surviving co-author.[127/2014 Article 100(1)]
  • For audiovisual works, the term referred to in Article 99 of this Act shall be calculated from the death of the last of the following persons to survive: the principal director, the author of the screen play, the author of the dialogue, and the composer of music specifically created for use in the audiovisual work.[127/2014 Article 100(2)]
  • Copyright in anonymous works shall run for 70 years after the work has been lawfully disclosed. If the author discloses his identity during such period, the term of protection set out in Article 99 of this Act shall apply.[127/2014 Article 101]
  • Copyright in pseudonymous works shall run for 70 years after the work is lawfully disclosed. Where a pseudonym leaves no doubt as to the identity of the author, the term of protection set out in Article 99 of this Act shall apply.[127/2014 Article 102]
  • Where the term of protection is not calculated from the death of the author, and where the work has not been lawfully disclosed, the copyright shall expire upon the expiration of a period of 70 years from the creation of the work.[127/2014 Article 104]
  • Terms of copyright laid down in this Act shall be calculated from the first day of January of the year following the year in which the relevant event has occurred.[127/2014 Article 105]

Former durationsEdit

A Croatian work is in the public domain under the Yugoslav Copyright Act of 1978 and the succeeding Croatian Copyright Act of 1991 if it entered the public domain on or before 27 July 1999, when the law was changed. These acts provided for a copyright term of the life of the author plus fifty years, or of 25 years for a photograph or a work of applied art. The work must meet one of the following criteria:

  • It is a work of known authorship and the author died before 1 January 1949
  • Is an anonymous work published before 1 January 1949
  • It is a photograph or a work of applied art published before 1 January 1974. However, such a work will not be in the public domain in the United States if published after 1970.

Exemptions from copyrightEdit

Based on the Copyright and Related Rights Act amended up to 127/2014,

  • The subject matter of copyright shall include expressions and not ideas, procedures, methods of operation or mathematical concepts as such.[127/2014 Article 8(1)]
  • The subject matter of copyright shall not include:
    • discoveries, official texts in the domain of legislation, administration, judiciary (acts, regulations, decisions, reports, minutes, judgments, standards, and the like) and other official works and their collections, disclosed for the purpose of officially informing the public;[127/2014 Article 8(2.1)]
    • news of the day and other news, having the character of mere items of press information;[127/2014 Article 8(2.2)]
  • Folk literary and artistic creations in their original form shall not be the subject matter of copyright, but their communication to the public is subject to the payment of remuneration, as for the communication to the public of protected copyright works. The remuneration shall be the revenue of the budget, and shall be used for improving the creativity in the field concerned.[127/2014 Article 8(3)]
  • Translations of official texts in the domain of legislation, administration and judiciary, shall be protected, unless made for the purpose of officially informing the public and are disclosed as such.[127/2014 Article 6(2)]

Copyright tagsEdit

  • {{PD-Croatia-exempt}} – for works exempt from copyright under the Croatian law.
  • {{PD-Croatia}} – for works whose author died before 1949 or published before 1949 if anonymous (public domain prior to introduction of the new law in 1999).

CurrencyEdit

X mark.svg Not OK The Croatian National Bank is the holder of all proprietary rights and copyrights on kuna banknotes and kuna and lipa coins, and their reproduction is subject to prior approval of the Croatian National Bank. See: Article 24 of the Act on the Croatian National Bank, Official Gazette 75/2007.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Croatia}}; in regard to architecture, for the outer appearance only. The Copyright and Related Rights Act amended up to 127/2014 allows 2D reproductions of permanently publicly displayed works, i. e. the full Freedom of Panorama:

  • It is permitted to reproduce copyrighted works permanently located on streets, squares, parks or other places accessible to public, and to distribute and communicate to the public such reproductions.[127/2014 Article 91(1)]
  • Works from chapter 1 of this article cannot be reproduced in a three-dimensional form.[127/2014 Article 91(2)]
  • The source and authorship must be stated, except when not possible.[127/2014 Article 91(3)]
  • In the case of architectural works, the first sentence of Article 91 applies only to their outer appearance.[127/2014 Article 92]

See alsoEdit

CitationsEdit

  1. a b Croatia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Copyright and Related Rights Act and Acts on Amendments to the Copyright and Related Rights Act (OG Nos. 167/2003, 79/2007, 80/2011, 141/2013 and 127/2014). Croatia (2015). Retrieved on 2018-11-11.
  3. Croatian Copyright Act of 1991 (NN 53/91 and 58/93)
  4. Yugoslav Copyright Act of 1978 (Zakon o autorskom pravu
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Cuba

Cuba

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

BackgroundEdit

Cuba was a Spanish colony from the 15th century until 1898, when it was occupied by the United States. In 1902 the country gained nominal independence, and regained self government in 1908.

Cuba has been a member of the Universal Copyright Convention since 18 June 1957, the World Trade Organization since 20 April 1995 and the Berne Convention since 20 February 1997.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 14 of December 28, 1977, on Copyright as the main copyright law enacted by the legislature of Cuba.[1] The 1977 law repealed the Law of Intellectual Property of 10 January 1879 and its regulations of 3 September 1880, as well as articles 428 and 429 of the Civil Code of 1889.[14/1977-1994 Article 50] WIPO holds the text of the 1977 law in their WIPO Lex database.[2] This version takes into account amendments up to Decree-Law No. 156 of September 28, 1994.

General rulesEdit

According to Law No. 14 of December 28, 1977 as amended up to 1994,

  • Copyright is valid for the life of the author and 50 years after his death, except for the exceptions expressly indicated in this Law.[14/1977-1994 Article 43]
  • For a collaborative work, the period of validity extends for 50 years after the death of all the authors.[14/1977-1994 Article 43]
  • The term of fifty years indicated in this article begins to count from the first of January of the year following the death of the author.[14/1977-1994 Article 43]*For a work by an unknown author, or a work published anonymously or under a pseudonym, copyright is valid for 50 years from the first publication of the work.[14/1977-1994 Article 45]
  • The period of validity of copyright belonging to legal entities is of unlimited duration. In case of reorganization, the copyright goes to the successor juridical person, and in case of its dissolution to the State.[14/1977-1994 Article 46]
  • The period of validity of the copyright in a work created by a procedure analogous to that of the photograph, or on a work of the applied arts, extends to twenty-five years from the use of the work.[14/1977-1994 Article 47]

Status in United StatesEdit

A Cuban work uploaded to Wikimedia Commons must be in the public domain in both Cuba and the United States.

  • Photographs are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1972.
  • Anonymous works (not photographs) are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1947.
  • Corporate and government works are in the public domain in the United States if published before 1924 (95 years ago)
  • All other works are in the public domain in the United States if Published in Cuba without compliance with US copyright formalities, author died before 1947 or, Published 95 years ago.

Paying public domainEdit

At the expiration of the period of validity of the copyright, a work may be declared belonging to the State by decision of the Council of Ministers. The modalities and conditions of use of the declared work pertaining to the State, will be established by said body.[14/1977-1994 Article 48] Subject to the stipulations of article 48, when the period of validity of the copyright on a work has expired, it may be freely used by any person, provided that the author's name is mentioned and the integrity of the work is respected. However, the user must pay a special contribution that will be used for the development of science, education and culture of the country. The amount of this contribution, its form of payment, and the principles of administration of the funds thus acquired, will be set by the Ministry of Culture, which will also be empowered to indicate the exceptions to the provisions of this article.[14/1977-1994 Article 49]

Copyright tagsEdit

  • {{PD-Cuba}} – for works made in Cuba whose copyright has expired.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Cuba}}

According to Law No. 14 of December 28, 1977 as amended up to 1994, it is permissible, without the author's consent and without remuneration, but with obligatory reference to his name and provided the work is public knowledge and respectful of the artist's specific values: ... to reproduce by any means, except those involving direct contact with its surface, a work of art of any type on permanent display in a public place, except those in exhibitions and museums;[14/1977-1994 Article 38(c)]

StampsEdit

Copyrighted Modern stamps of this country are not in public domain or their status is unknown. Cuba was under Spanish control until 1898 and then under U.S. control until the Republic was established on May 20, 1902. Accordingly, the copyright applicable to stamps issued during those time periods would be Spain and the U.S.

See alsoEdit

CitationsEdit

  1. a b Cuba Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Ley Nº 14 de 28 de diciembre de 1977 de Derecho de Autor. Cuba (1977). Retrieved on 2018-11-03.
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COM:Cyprus

Republic of Cyprus

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

BackgroundEdit

Cyprus was transferred from the Ottoman Empire to British administration in 1878, and was annexed by Britain in 1914. The island gained independence in 1960. Northern Cyprus became autonomous in 1974 with the support of Turkey, and in 1983 declared independence, but has not gained international recognition.

Cyprus has been a member of the Berne Convention since 16 August 1960, the World Trade Organization since 30 July 1995 and the WIPO Copyright Treaty since 4 November 2003.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright Laws 1976 to 1993 (Law No. 59 of December 3, 1976, as amended by Law No. 18(I), 1993) as the main IP law enacted by the legislature of Cyprus.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

This law was modified in 1999, 2001, 2002, 2004, 2006 and 2007.[1] As of 2018 the University of Cyprus Library cited Law no. 59/76 regarding Intellectual Property Rights (as modified by Laws N.63/77, N.18(I)/93, N.54(I)/99, N.12(I)/2001), N.128(I)/2002 and N.128(I)/2004) as the source of rules on Intellectual Property Rights.[3]

General rulesEdit

In December 2018 the University of Cyprus Library gave durations as:

  • Scientific, literary, music and artistic works: rights expire 70 years after the creator’s death.
  • Motion pictures: rights expire 70 years after the death of the last survivor of: producer, main director, scriptwriter, dialogues writer and composer of music composed specifically for use in the motion picture.
  • Photographs: rights expire 70 years after the creator’s death.
  • Sound recordings: rights expire 50 years after the date of recording, or 50 years from the date it is published or presented if that happens within 50 years of creation.
  • Broadcasts: rights expire 50 years after the date of broadcasting
  • Publication of previously unpublished works: rights expire 25 years from the date the work is published.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Cyprus}}

The WIPO version of Copyright Laws 1976 to 1993, section 7(1), includes exception (c): "the reproduction and distribution of copies of any artistic work permanently situated in a place where it may be viewed by the public;"

See alsoEdit

CitationsEdit

  1. a b c Cyprus Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. The Copyright Laws 1976 to 1993 (Law No. 59, of December 3, 1976, as last amended by Law No. 18(I), 1993). Cyprus (1993). Retrieved on 2018-11-04.
  3. Copyright. University of Cyprus Library. Retrieved on 2018-12-02.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Czech Republic

Czech Republic

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

BackgroundEdit

The Czech Republic was formed on 1 January 1993 when Czechoslovakia was peacefully dissolved into the Czech Republic and Slovakia.

The Czech Republic has been a member of the Berne Convention since 1 January 1993, the World Trade Organization since 1 January 1995 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 Consolidated Version of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act, as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 Coll.) as the main copyright law enacted by the legislature of the Czech Republic.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

WIPO also holds the text of Act of April 22, 2008, on Amendments to Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to the Copyright Act. This act relates to compensation and does not affect the definitions or durations of protection.[3] Wikisource holds the Czech language consolidated version of the act as amended up to 2008.[4]

General rulesEdit

Under the Consolidated Version of Act No. 121/2000 Coll. as amended up to 216/2006,

  • Unless stipulated otherwise, economic rights run for the life of the author and 70 years after his death.[121/2000–2006 Art.27(1)]
  • If a work has been created as the work of joint authors, the period of duration of economic rights is calculated from the death of the last surviving author.[121/2000–2006 Art.27(2)]
  • Economic rights to an anonymous and pseudonymous work run for 70 years from the time when the work was lawfully made public, unless the identity of the author becomes known.[121/2000–2006 Art.27(3)]
  • Economic rights to a collective work run for 70 years from the time when the work was lawfully made public except where the authors are identified when the work is made accessible to the public; in such cases the economic rights run for the life of the author and 70 years after his death.[121/2000–2006 Art.27(3)]
  • Where the death of the author is not decisive for the calculation of the period of duration of economic rights, and where the work has not been made public within 70 years from its creation, the economic rights expire at the end of this period.[121/2000–2006 Art.27(4)]
  • The duration of economic rights to an audiovisual work is calculated from the death of the last surviving of the the director, author of screenplay, author of the dialogues and composer of the music specifically created for use in the audiovisual work.[121/2000–2006 Art.27(5)]
  • A work for which the period of duration of economic rights has expired may be utilised by anybody without any further provision.[121/2000–2006 Art.28(1)]
  • Whoever first makes public an unpublished work for which the economic rights have expired is entitled to economic rights for 25 years from making the work public.[121/2000–2006 Art.28(2-3)]
  • The period of duration of economic rights is calculated from the 1 January of the year after the year in which the event used for its calculation occurred.[121/2000–2006 Art.27(7)]
  • The economic rights of a performer run for 50 years from the creation of the performance. However, where a fixation of a performance is made public during this period; the rights of the performer shall not expire until 50 years from the time when such a fixation was made public.[121/2000–2006 Art.73]

Not protectedEdit

Under the Consolidated Version of Act No. 121/2000 Coll. as amended up to 216/2006, copyright protection shall not apply to:

  • An official work, such as a legal regulation, decision, public charter, publicly accessible register and collection of its documents, and also any official draft of an official work and other preparatory official documentation including the official translation of such work, Chamber of Deputies and Senate publications, a memorial chronicle of a municipality (municipal chronicles), a state symbol and symbol of a municipality, and any other such works where there is public interest in their exclusion from copyright protection.[121/2000–2006 Art.3(a)]
  • Creations of traditional folk culture, unless the real name of the author is commonly known and the works are anonymous or pseudonymous; such works may only be used in a way that shall not detract from their value.[121/2000–2006 Art.3(b)]

Copyright tagsEdit

CurrencyEdit

Symbol OK.svgOK Common legal tender of the Czech Republic is not subject to copyright as there is public interest in their exclusion from copyright protection.[121/2000–2006 Art.3(a)] This does not necessarily apply to special-issue coins, such as precious-metal coins, commemorative coins, special editions of coins for collectors, etc.

Decree No. 274/2011 Coll. of 5 September 2011, consolidated as of 1 January 2017, defines the terms and conditions under which it is possible to reproduce banknotes and coins and to produce objects imitating them:[5] For intangible reproductions of banknotes, it is required that their resolution not exceed 72 dots per inch and that they are marked with the word “specimen” printed diagonally in an opaque colour and in a layer that cannot be separated from the image of the banknote, with the length of the word being at least 75% of the longer side of the banknote and the height being at least 15% of the shorter side of the banknote (or with another word of the same dimensions and similar meaning). Intangible images of coins may always be produced. Tangible reproductions of banknotes and images have different conditions.

Please use {{Money-CZ}} for Czech currency images.

De minimisEdit

Under the Consolidated Version of Act No. 121/2000 Coll. as amended up to 216/2006,

  • Copyright is not infringed by anybody who uses a work incidentally, in connection with an intended primary use of another work or element.[121/2000–2006 Art.38c]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Czech Republic}} Under the Consolidated Version of Act No. 121/2000 Coll. as amended up to 216/2006, Article 33: Use of a Work Located in Public Place says,

  • Copyright is not infringed by anybody who records or expresses by drawing, painting, graphic art, photography or film a work permanently located on a square, in a street, in a park, on a public route or in any other public place; copyright shall likewise not be infringed by anybody who further uses a work so expressed, rendered or recorded. If possible, the name of the author (unless the work is an anonymous work) or the name of the person under whose name the work is being introduced in public, the title of the work and its location shall be indicated.[121/2000–2006 Art.33(1)]
  • The provisions of Paragraph (1) shall not apply to making a reproduction or imitation of a work of architecture in the form of erecting a building and to the reproduction and distribution of a work in the form of a three-dimensional reproduction.[121/2000–2006 Art.33(2)]

The act itself does not explicitly define the meaning of the phrases “public space” (veřejné prostranství) and “permanently located” (trvale umístěno). As with all copyright exceptions, the use must fulfill the Berne three-step test.[6] That is, this is a special-case exception, not a normal case. The uses allowed by this exception do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights holder.

Works located on streets, squares, in public parks etc. (a common interpretation includes also works which are visible from such places, although they aren't mentioned in the act) can be pictured freely. According to Telec's interpretation, the exception cannot be applied to e. g. parts of a building not visible from a public place, even if the building is generally visible.[7]

With regard to the used term veřejné prostranství (public space) instead of veřejně přístupné místo (publicly accessible place) and the fact that the act use exterior examples only, some interpretations are that copyright exception does not apply to some (or all) types of interiors, such as shopping center interiors, waiting rooms, museums, galleries, concert halls etc., even if they are accessible to general public.[8] Other authors perceive such places as private.[9] However, the act itself does not distinguish or mention exteriors or interiors explicitly. Veřejné prostranství are more precisely defined in the Municipal Act (§ 34, 128/2000 Sb.) as "all squares, streets, markets, walkways, public vegetation, parks and other areas (prostory) accessible for everybody without restriction, thus serving to public use, disregarding ownership of this area." The Constitutional Court in their decision No. Pl. ÚS 50/03 presumed that areas which are made accessible only from the voluntariness of the owner or operator need not to fall under the term veřejné prostranství.

The spaciousness of the interior, a type of regulation of the public access (entrance fee zone, night closure, obligatory passability of the place etc.) and a purpose of the place can be relevant for the interpretation and application. There is lack of judicial precedents for more accurate distinction.

Enclosed parks which are publicly accessible in limited time (night closure) or conditioned by entrance fee can be disputable. However, as an example, the Prague Zoo declared repeatedly that its exteriors were public spaces when they argued that they were not eligible for a prohibition on smoking there. Romana Anděrová, an official speaker of the Prague Zoo, said: "A zoo is a public space, where smoking cannot be banned. Smoking is not allowed in pavilions and restaurants. Fortunately, the smoke does not penetrate to the animals, otherwise they would not like it."[10] The zoological garden is a public space similar to Stromovka or other parks.[11][12]

The exception is limited only to works permanently located in a public space. The word "permanently" was added to §33 during introduction of the European Parliament copyright directive.[13] The directive contains a similar restriction.[14] This means, according the explanatory report, that freedom of panorama is usually applied to three-dimensional artistic and architectonic works (sculptures, memorials, buildings, etc.) which are named as examples in the European Directive. However, the law text does not preclude or exclude application of the exception to two-dimensional works if all conditions are met. That is, it may apply to paintings permanently incorporated into a building facade, street art, permanent informational boards etc.[8]

Temporary exhibitions etc. are not covered by the exception.[7] The word "permanently" is generally understood as "for an indefinite period" and is not presumed that the work is really eternal and unremovable.

StampsEdit

Copyrighted Postal stamps of Czech Republic (they are since 1993) are copyrighted 70 years after the author's death by both authors: an engraver and a graphic artist. They are not official works. Stamps are officially announced in Poštovní věstník (Postal bulletin, it is published at least since 2000) and texts in this bulletin is public domain but the stamps are copyrighted.

Threshold of originalityEdit

The work must be "a unique outcome of the creative activity of the author".[121/2000–2006 Art.2(1)] For photographs and computer programs, it suffices if the work "is original in the sense that it is the author’s own intellectual creation".[121/2000–2006 Art.2(2)]

See alsoEdit

CitationsEdit

  1. a b Czech Republic Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Consolidated Version of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act, as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 Coll. Czech Republic (2006). Retrieved on 2018-11-11.
  3. Act of April 22, 2008, on Amendments to Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and on Amendment to the Copyright Act. Czech Republic (2008). Retrieved on 2018-11-13.
  4. Czech Copyright Act (on the Czech Wikisource)
  5. Consolidated version of DECREE No. 274/2011 Coll. as amended by Decree No. 418/2016. Czech National Bank. Retrieved on 2019-03-22.
  6. Telec, p. 368, section I.5
  7. a b Telec, p. 367, section I.4
  8. a b Telec, p. 366, section I.2
  9. Chlumská, Karla (2005-02-16). Veřejně přístupná díla a jejich užití [Publicly Accessible Works and Their Use (in Czech). IHNed.cz : Marketing&Media. Praha: Economia. Retrieved on 2010-07-19.
  10. to 2006-04-22 18:58:44 question. "Zoo je veřejné prostranství, kde nelze kouření zakázat. Kouřit se nesmí v pavilonech a v restauracích. Ve venkovních prostorách naštěstí kouř ke zvířatům nepronikne, jinak by se jim to určitě nelíbilo."
  11. to 2006-08-24 09:24:04 question. "Zoologická zahrada je veřejné prostranství podobně jako Stromovka nebo jiné parky. Nemůžeme proto v celém areálu kouření striktně zakázat, můžeme ho jen omezit v uzavřených pavilonech či v restauraci."
  12. Telec, Ivo; Tůma, Pavel (2007). "§ 33 Užití díla umístěného na veřejném prostranství [Article 33: Use of a Work Located in Public Place]" (in Czech). Autorský zákon: Komentář [Copyright Act. Commentary]. Velké komentáře (1st ed.). Praha: C. H. Beck. pp. 366–368. ISBN 978-80-7179-608-4.
  13. Explanatory report of Law No. 216/2006, amendment of Law No. 121/2000. (Czech) – Sněmovní tisk č. 1111/0, část 1/3. Praha : Poslanecká sněmovna České republiky, 2005. Kapitola Důvodová zpráva, § 33.
  14. The text of the Directive 2001/29/EC of the European Parliament (as corrected), Article 5(3)(h).
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COM:Czechoslovakia

Czechoslovakia

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

BackgroundEdit

Czechoslovakia was a sovereign state in Central Europe that existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until its peaceful dissolution into the Czech Republic and Slovakia on 1 January 1993.

Copyright rules were defined in the Act No. 35 of March 25, 1965 Concerning Literary, Scientific and Artistic Works (The Copyright Act), as modified and amended by the Act of March 28, 1990, No. 89 Coll. and by the Act of November 1, 1991 No. 468 Coll.[1]

A work must be free in the successor state for it to be uploaded into Wikimedia commons. Act No. 35 was amended in the Czech Republic by the Act of December 8, 1993 No. 318 Coll. and by the Act of September 27, 1995, No. 237 Coll. In the Slovak Republic Act No. 35 was replaced by Act No.383 of 5 December 1997. Both countries have since enacted new copyright laws.

CurrencyEdit

✓OK There is a legal succession of "Česká národní banka" (ČNB) for all precursor institutes ("Státní banka československá" (SBCS), "Národní banka Československá" until 1919). Therefore, {{Money-CZ}} can be applied for Czechoslovakian currency of former times and money of the first Slovakian Republic too.

StampsEdit

Copyrighted Postage stamps of Czechoslovakia (published in 1918-1939 and in 1945-1992) are copyrighted 70 years after the author's death by both authors: an engraver and a graphic artist. (see overview of artists)

See alsoEdit

CitationsEdit

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer

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

BackgroundEdit

The Free City of Danzig was a semi-autonomous city-state that existed between 1920 and 1939, consisting of the Baltic Sea port of Danzig (now Gdańsk, Poland) and surrounding areas primarily inhabited by Germans. The Free City was under League of Nations protection and in a binding customs union with Poland.[1]

General rulesEdit

German law as amended to 1910 was applicable.

  • Copyright expired 50 years after death of the author
  • For anonymous works, copyright expired 50 years after publication according to the Berne Convention.

Copyright tagsEdit

CitationsEdit

</translate>

  1. Kaczorowska, Alina () Public International Law 4/e, Taylor & Francis, p. 199 Retrieved on . ISBN: 978-0-203-84847-0.
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Democratic Republic of the Congo

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

BackgroundEdit

King Leopold II of Belgium acquired personal rights to the Congo territory at the Berlin Conference in 1885 and named it the Congo Free State. In 1908 Belgium formally annexed the Free State, which became the Belgian Congo. The Belgian Congo achieved independence on 30 June 1960 under the name Republic of the Congo.

The Democratic Republic of the Congo has been a member of the Berne Convention since 30 June 1960 and the World Trade Organization since 1 January 1997, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Ordinance-Law No. 86-033 of April 5, 1986 on the Protection of Copyright and Neighboring Rights as the main copyright law enacted by the executive of the Democratic Republic of the Congo.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

The copyright law of 1986 states that,

  • Photographs enter the public domain 25 years after they are first published.[86-033/1986 Article 77]
  • Non-photographic work are in the public domain when the author has died more than 50 years ago.[86-033/1986 Article 74]
  • Anonymous or pseudonymous works are in the public domain when they were published more than 50 years ago.[86-033/1986 Article 76]

As for government works, "official acts of authority" ("actes officiels de l’autorité") are ineligible for copyright protection. All other government publications are copyrighted.

Copyright tagsEdit

  • {{PD-Democratic Republic of the Congo}} – for all anonymous or pseudonymous works published 50 years ago, or 50 years have passed since the death of the author, or it is a photograph and 25 years have passed since publication, or it is an "official act of authority" and ineligible for copyright protection.

CurrencyEdit

X mark.svg Not OK The country joined the Berne Convention in 1963. The World Intellectual Property Organisation does not list any copyright-related laws prior to 1986. Ordinance-Law No. 86-033 of April 5, 1986 on the Protection of Copyright and Neighboring Rights states:

  • Official acts of the authority shall not give rise to any copyright. Any other literary, artistic, or scientific publications produced by the authorities shall generate copyright for the authorities.[86-033/1986 Article 7]

Freedom of panoramaEdit

X mark.svg Not OK: According to the 1986 copyright law,

  • The reproduction of an architectural work by means of photography, cinematography, television or any other similar procedure, as well as the publication of the corresponding photographs in newspapers, journals and school textbooks, shall be lawful and may not give rise to payment of copyright.[86-033/1986 Article 28]
  • The reproduction in a film or television program of figurative works of art that are permanently located in a public place or included in the film or program in a way that is incidental to the main subject, shall not require authorization from the author.[86-033/1986 Article 29]

Neither is free enough for Wikimedia Commons.

CitationsEdit

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Denmark

Denmark

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.

Governing lawsEdit

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 and Greenland but may by Royal Ordinance be brought into full or partial operation in the Faeroe Islands and Greenland, subject to such modifications as required by the special conditions obtaining in the Faeroe Islands and Greenland.[1144/2014 Art.93] The Compendium of Cultural Policies and Trends provides a commentary on Danish copyright law.[3]

General rulesEdit

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)]

PhotographsEdit

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 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.

MapsEdit

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:Geodatastyrelsen.

Public DocumentsEdit

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]

Copyright tagsEdit

  • {{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.

CurrencyEdit

X mark.svg Not OK 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]

Freedom of panoramaEdit

The Little Mermaid

Symbol OK.svgOK for buildings only {{FoP-Denmark}}

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, and pictures where it is the main motif cannot be used for commercial purposes.[8]

Threshold of originalityEdit

Status Example Notes
Symbol OK.svgOK
Aalborg Broncestøberi skrifttype A, B og D.png
Three fonts not eligible for copyright protection (Supreme Court 30 June 2006, U2006.2697H). Two other fonts were found eligible for copyright.
Symbol OK.svgOK
Jydsk Vindueskompagni - skitser af vinduer og døre.png
Sketches of windows and doors not eligible for copyright protection (The Maritime and Commercial Court 8 August 2003.[9][10]
X mark.svg Not OK
Kitchen knife by yashima.jpg
The GLOBAL knife design is copyright protected in Denmark.[11]
X mark.svg Not OK
Chair.png
A specific chair design (Tripp Trapp).[12]

See alsoEdit

CitationsEdit

  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. Jakob Kehlet (30.07.2007). Havfruens arvinger tjener fedt på ophavsret (in Danish). Journalisten. Retrieved on 2019-03-24.
  9. V-74-01 Jydsk Vindueskompagni mod Bering Byg.
  10. 3 February 2004 (V 98/01))
  11. Violation of the copyright of the Global Knife Series. Supreme Court (19-09-2011). 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.)"
  12. Infringement of the Copyright Act Case 306/2009. Supreme Court (28-06-2011). Retrieved on 2019-03-24.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Djibouti

Djibouti

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

BackgroundEdit

The colony of French Somaliland was established in the late 19th century. It was renamed to the French Territory of the Afars and the Issas in 1967. In 1977 the country became independent as the Republic of Djibouti, named after its capital city.

Djibouti has been a member of the Berne Convention since 13 May 2002 and the World Trade Organization since 31 May 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 154/AN/06 of July 23, 2006, on the Protection of Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Djibouti.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

In chapter 5 of the 1996 law copyright law n°114/AN/96/3e L[3],

  • Copyright expired 25 years after author's death.[114/AN/1996 Art. 59]
  • For photographs and applied art works, copyright expired 25 years after the work is created.[114/AN/1996 Art. 63]
  • For cinematographic works, copyright expired 25 years after the work is created or released.[114/AN/1996 Art. 62]

In 2006 a new law was passed (154/AN/2006) under which non-retroactively,

  • The standard term is life + 50 years after the author's death.[154/AN/2006 Art. 12]
  • For a work of joint authorship, the rights shall be protected for the lifetime of the last surviving co­author and for 50 years after his death.[154/AN/2006 Art. 13]
  • The term for cinematographic works is 50 years from creation or publication.[154/AN/2006 Art. 15]
  • The term for photographs and applied art remains at 25 years from creation.[154/AN/2006 Art. 16]

Copyright tagsEdit

  • {{PD-Djibouti}} – for works made in Djibouti whose copyright has expired (50 years after author's death, or 25 years after creation for photographic works, see details in the template). The Republic of Djibouti being the successor state of French Somaliland (Côte française des Somalis) and the French Territory of the Afars and the Issas, this applies to works published in those territories as well.

Freedom of panoramaEdit

X mark.svg Not OK: Only incidental use. The following uses of a protected work shall be permissible without the author’s consent ...

  • For the purpose of reporting on current events by means of photography, cinematography, broadcast or communication by wire to the public, the reproduction or making available to the public, to the extent justified by the informative purpose, of any work that can be seen or heard in the course of the said current event.[154/AN/2006 Art. 54(g)]
  • The reproduction of works of art or of architecture through cinematography or television and the communication of such works to the public if such works are permanently located in a place where they can be viewed by the public or are included in the film or program by way of background or as incidental to the essential matters represented".[154/AN/2006 Art. 54(h)]

CitationsEdit

  1. a b Djibouti Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 154/AN/06 of July 23, 2006, on the Protection of Copyright and Neighboring Rights. Djibouti (2006). Retrieved on 2018-11-04.
  3. Loi n°114/AN/96/3e L relatif à la protection du droit d'auteur (in French) (1996). Retrieved on 2019-01-17.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Dominican Republic

Dominican Republic

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

BackgroundEdit

The island of Hispaniola was colonized by the Spanish in the late 15th century. The eastern part became independent in 1821. In the years that followed periods of independence alternated with control by Haiti, Spain and the United States. The last US occupation ended in 1966.

The Dominican Republic has been a member of the Universal Copyright Convention since 8 May 1983, the World Trade Organization since 9 March 1995, the Berne Convention since 24 December 1997 and the WIPO Copyright Treaty since 10 January 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed [Law No. 65-00 on August 21, 2000, on Copyright as the main copyright law enacted by the legislature of the Dominican Republic.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was modified by Law No. 2-07 of January 8, 2007, but not in a way that affects definitions of works or duration of copyright.[3]

General rulesEdit

Under Law No. 65-00 of 21 August 2000,

  • Copyright shall accrue to the author during his lifetime and to his spouse, heirs and successors in title for 50 years after his death.[65-00/2000 Article 21]
  • In the case of duly established joint authorship, the period of 50 years shall commence on the death of the last joint author.[65-00/2000 Article 21]
  • Anonymous works shall be protected for a period of 50 years from the first publication thereof or, failing that, from the making thereof.[65-00/2000 Article 24]*Collective works and computer programs shall be protected for 50 years from publication or, failing that, from the making thereof.[65-00/2000 Article 25]
  • For photographs, the duration of copyright shall be 50 years from first publication or public display or, failing that, from the making thereof.[65-00/2000 Article 26]
  • Audiovisual works shall be protected for 70 years from first publication or presentation or, failing that, from the making thereof, without prejudice to the rights in original works incorporated in productions.[65-00/2000 Article 27]

The periods established in the present Chapter shall be calculated from January 1 of the year following that of the death of the author or, where appropriate, that of the disclosure, publication or making of the work.[65-00/2000 Article 28]

CurrencyEdit

X mark.svg Not OK There is no exception for currency under Dominican copyright law. Under Law No. 65-00 of 21 August 2000,

  • Rights in works created by public employees or officials in the performance of the duties inherent in their position shall be presumed to be assigned to the public organization in question.[65-00/2000 Article 28]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Dominican Republic}}

The reproduction, distribution and communication to the public of news of the day and other information relating to facts or events in the news that have been publicly disseminated by the press or by means of broadcasting shall be lawful. It shall also be lawful to reproduce and make accessible to the public, in connection with the reporting of current events by means of photography, broadcasting or communication to the public by cable or other analogous means, works seen or heard in the course of such events, to the extent justified by the informatory purpose.[65-00/2000 Article 34]

Works permanently located on public thoroughfares, streets or squares may be reproduced by means of painting, drawing, photography or audiovisual fixations, and such reproductions may be distributed and communicated publicly. With regard to works of architecture, this provision shall apply only to their external aspect.[65-00/2000 Article 39]

CitationsEdit

  1. a b Dominican Republic Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 65-00 on August 21, 2000, on Copyright. Dominican Republic (2000). Retrieved on 2018-12-11.
  3. Law No. 2-07 of January 8, 2007, on Amendments to Article 189 of Law No. 65-00 on Copyright. Dominican Republic (2007). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Dominica

Dominica

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

BackgroundEdit

Great Britain took possession of Dominica in 1763. The island republic gained independence in 1978.

Dominica has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 7 August 1999.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2003 (Act 5 of 2003) as the main copyright law enacted by the legislature of Dominica.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the 2003 Copyright Act,

  • Subject to the provisions of this section, copyright in a literary, dramatic, musical or artistic work are protected during the life of the author and for 70 years after his death.[2003 Section 11(1)]
  • For a work of joint authorship, the economic rights are protected during the life of the last surviving author and for 70 years after his death.[003 Section 11(2)]
  • For a collective work, other than a work of applied art, and for an audiovisual work, the economic rights are protected for 50 years from the date on which the work was either made, first made available to the public, or first published, whichever date is the latest.[2003 Section 11(3)]
  • For a work published anonymously or under a pseudonym, the economic rights are protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.[2003 Section 11(4)]
  • For a computer-generated work, the copyright expires 50 years from the year in which the work was made.[2003 Section 11(5)]
  • For a work of applied art the economic rights are protected for 25 years from the making of the work.[2003 Section 11(6)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[2003 Section 11(7)]

  • Copyright in a sound recording or film expires at the end of 50 years from the calendar year in which it was made, or where it is made available to the public before the end of that period, at the end of 50 years from the end of the calendar year in which it is so made available.[2003 Section 12(1)]
  • Copyright in a broadcast or cable programme expires at the end of 70 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service.[2003 Section 13(1)]
  • Copyright in a work made by or under the direction of the State expires 70 years from the end of the year in which it was made.[2003 Section 20(3)]
  • No copyright subsists in any official text of a legislative, administrative or legal nature, or any translation thereof.[2003 Section 21]

Expression of folkloreEdit

"Expression of folklore" means a group-oriented and tradition based creation of a group or individual, which is of unknown authorship, and which reflects the standards, values, cultural and social identity of a community, as transmitted orally, or by other means, and includes folk tales, folk poetry, and folk riddles; folk songs and instrumental folk music; folk dances and folk plays; production of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaics, woodwork, metal ware, jewelry, handicrafts, costumes and indigenous textiles.[2003 Section 2]

Collections of expressions of folklore are protected as works provided that such collections are original by reason of the selection or arrangement of their contents.[2003 Section 6(1)] Protection of these collections shall be without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilized for the making of such a work.[2003 Section 6(1)] The rights of the owner in respect of expressions of folklore shall vest in the State to the same extent as if the State had been the original creator of such expressions.[2003 Section 18(8)]

Freedom of panoramaEdit

X mark.svg Not OK. The only reference in the 2003 Copyright Act appears to be

  • The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2003 Section 69(b)]

StampsEdit

X mark.svg Not OK. Under the 2003 Copyright Act, copyright in a work made by or under the direction of the State expires 70 years from the end of the year in which it was made.[2003 Section 20(3)]

CitationsEdit

  1. a b Dominica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act 2003 (Act 5 of 2003). Dominica (2003). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer