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This page gives overviews of copyright rules in different countries of Eastern Africa, as defined in the United Nations geoscheme for Africa. It is "transcluded" from individual pages giving the rules for each territory. The list may be used for comparison or maintenance. Click on the link below a country's header to view and edit the page for that country.

Contents

Text transcluded from
COM:Burundi

Burundi

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

BackgroundEdit

Burundi was an independent kingdom until the beginning of the 20th century, when Germany colonised the region. After World War I Germany ceded the territory to Belgium, which administered it as part of the territory of Ruanda-Urundi. Burundi and Rwanda became independent countries in 1962.

Burundi has been a member of the World Trade Organization since 23 July 1995, the Berne Convention since 12 April 2016, and the WIPO treaty since 12 April 2016.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed "Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi" as the main copyright law enacted by the legislature of Burundi.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

ApplicabilityEdit

Copyright is the exclusive right of the author of a literary or artistic work that is an original intellectual creation.[Act 1/021 2005 Article 2] Copyright protection is not subject to any formalities.[Act 1/021 2005 Article 3]

Literary and artistic worksEdit

These include: (a) books, pamphlets and other writings, including computer programs; (b) conferences, speeches, sermons and other similar works; (c) dramatic and dramatico-musical works; (d) musical works, with or without a written form and with or without accompanying words; (e) choreographic works and pantomimes; (f) audiovisual works; (g) works of drawing, painting, architecture, sculpture, engraving, lithography and tapestry; (h) photographic works, including works made by means similar to the photographic process; (i) works of applied art, whether handicraft works or works produced by industrial processes; (j) illustrations, maps, plans, sketches and three-dimensional works relating to geography, topography, architecture and science.[Act 1/021 2005 Article 4]

Derived worksEdit

Copyright also applies to (a) translations, adaptations, musical arrangements and other transformations of a literary or artistic work; (b) collections of works and data in machine-readable or other form which, by reason of the selection, organization or arrangement of their contents, are original; (c) original works derived from folklore.[Act 1/021 2005 Article 5]

Collective workEdit

"Collective work" means a work created on the initiative of a natural person or legal entity who edits, publishes and discloses it under his own direction and in his own name and in which the personal contributions of various authors who take part in the writing of it merge into the whole for which they have been designed, so that it is impossible to attribute to each of them a distinct right over the whole that is created;[Act 1/021 2005 Article 1/k]

  • A collective work shall be the property of the natural person or legal entity on whose initiative it is designed and under whose name it is disclosed. Copyright shall vest in such person.[Act 1/021 2005 Article 15]
  • A press company shall acquire the right to publish, in the newspaper, magazine or periodical for which the author or authors work, the articles, drawings, photographs and other productions provided by the employees under a contract of employment, while the authors shall retain the other rights protected under this Act.[Act 1/021 2005 Article 11]

Works not protectedEdit

Copyright protection shall not apply to: (a) acts, legal decisions and decisions of administrative bodies and the official translations of such texts, or daily news published, broadcast or communicated in public; (b) ideas, procedures, systems, methods of operation, concepts, principles, discoveries or mere data, even if expressed, described, explained, illustrated or embodied in a work.[Act 1/021 2005 Article 7]

Duration of copyrightEdit

All durations are from the end of the year of the relevant event.

  • Copyright shall subsist for the lifetime of the author and for the 50 calendar years from the year of his death.[Act 1/021 2005 Article 58]
  • A work of joint authorship ... shall be protected during the lifetime of the last surviving joint author and for 50 years after his death.[Act 1/021 2005 Article 59]
  • A work published anonymously or under a pseudonym shall be protected for a period of 50 years from the year in which the work was first published, or, failing such an event within 50 years from the making of the work, 50 years from the year in which the work was made accessible to the public, or, failing such events within 50 years from the making of the work, 50 years beginning from the year of such making.[Act 1/021 2005 Article 60]
  • A collective, audiovisual or posthumous work shall be protected for a period of 50 years from the year in which the work was lawfully published for the first time, or, failing such an event within 50 years from the making of the work, 50 years from the year in which the work was made accessible to the public, or, failing such events within 50 years from the making of the work, 50 years from the year of such making.[Act 1/021 2005 Article 61]
  • A work of applied art shall be protected for a period of 25 years beginning from the making of the work.[Act 1/021 2005 Article 62]
  • A work originally belonging to a legal entity ... shall be protected for a period of 50 years beginning from the date on which the work was lawfully made accessible to the public.[Act 1/021 2005 Article 63]

Right of privacyEdit

Neither the author nor the owner of a portrait shall have the right to reproduce or exhibit it in public without the consent of the person portrayed or of his assignees, for a period of 20 years after his death.[Act 1/021 2005 Article 12]

Domaine Public PayantEdit

Burundi Act 1/021 2005 Article 25 says:

  • Works in the public domain shall be placed under the protection of the State, represented by the Ministry in charge of culture.
  • The public representation or performance or the direct or indirect fixation of works in the public domain and of works exclusively composed of elements borrowed from works that have fallen into the public domain, with a view to exploitation for profit, are subject to regulations on royalties under conditions that shall be determined by an order of the Ministry in charge of culture.
  • The revenue from the collection of royalties for the use of works in the public domain shall be devoted to social and cultural purposes.

Freedom of panoramaEdit

Symbol OK.svgOK for buildings only.

Under Burundi Act 1/021 2005 Article 26/4:

  • 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.
  • Similarly, the reproduction of works of architecture through photography, cinematography, television or any other similar process, in addition to the publication of corresponding photographs in the press, periodicals and textbooks, shall be free and may not give rise to copyright payment.

StampsEdit

X mark.svg Not OK - Stamps are not included among the types of work for which copyright does not apply.[Act 1/021 2005 Article 7] If the author is known, a stamp would be protected for life + 50 years.[Act 1/021 2005 Article 58] Otherwise, as an anonymous or collective work it would be protected for publication + 50 years.[Act 1/021 2005 Article 60–61]

CitationsEdit

  1. a b Burundi Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi. Burundi (2005). Retrieved on 2018-11-03.
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: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.
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:Eritrea

Eritrea

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

BackgroundEdit

Italian Eritrea, a colony of the Kingdom of Italy, was established in 1889. The British took over from 1941 to 1950, when Eritrea became loosely federated with Ethiopia. Eritrea broke away from Ethiopia in 1991 and declared independence in May 1993.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Provisional Commercial Code of Eritrea and Provisional Civil Code of Eritrea of 1993 (Extracts relating to Intellectual Property rights) as the main IP law enacted by the legislature of Eritrea.[1]

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

General termsEdit

  • The author’s right to authorize the production, reproduction or adaptation of his work may, after his death, be exercised by his heirs for a period of fifty years from the time of the publication of the work.[1993 Art.1670]
  • A work published after the death of its author is protected for a period of fifty years as from the date of publication.[1993 Art.1672]
  • Photographs are only protected if they are printed in a book or are part of a collection, or if they bear the name and address of the author or their agent.[1993 Art.1662]

CitationsEdit

  1. Eritrea Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
  2. Provisional Commercial Code of Eritrea and Provisional Civil Code of Eritrea of 1993 (Extracts relating to Intellectual Property rights)[2], Eritrea, 1993
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
Text transcluded from
COM:Ethiopia

Ethiopia

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

BackgroundEdit

During the late 19th-century Scramble for Africa, Ethiopia was one of two nations to retain its sovereignty from long-term colonialism by a European colonial power, although it was occupied by Italy between 1936 and 1941.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighboring Rights Protection Proclamation No. 410/2004 as the main IP law enacted by the legislature of Ethiopia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended in some aspects by the Copyright and Neighboring Rights Protection (Amendment) Proclamation No. 872/2014.[3]

ApplicabilityEdit

"Work" means a production in the literary, scientific and Artistic fields. It includes in particular: a) books, booklets, articles in reviews and newspaper, computer programs; b) speeches, lectures, addresses, sermons, and other oral works; c) dramatic, dramatico-musical works, pantomimes, choreographic works, and other works created for stage production; d) musical compositions; e) audiovisual works; f) works of architecture; g) works of drawing, painting, sculpture, engraving, lithography, tapestry, and other works of fine arts; h) photographic works; i) illustrations, maps, plans, sketches, and three dimensional works related to geography, topography, architecture or science.[410/2004 Article 2(30)]

The following are also protected as works: a) translation, adaptations, arrangements and other transformations or modifications of works, b) collection of works such as encyclopedia or anthologies or databases whether in machine readable or other form provided that such collections are original by reason of the selection or arrangement of their contents.[410/2004 Article 4] The author of a work shall be entitled to protection for his work without any formality where it is original and fixed. Photographic works, in addition to the above, shall be protected where they a) form part of a collection or are published in a book or b) bear the name and address of the author or his agent.[410/2004 Article 6]

General rulesEdit

Under the Proclamation No. 410/2004 on Copyright and Neighboring Rights Protection:

  • Economic rights shall belong to the author during his lifetime and to the heirs or legatees for 50 years from the date of death of the author.[410/2004 Article 20/1]
  • In case of a work of joint authorship, the term of 50 years shall commence from the death of the last surviving author.[410/2004 Article 20/2]
  • The term of 50 years of a posthumous work shall commence to run from the date of publication of the work.[410/2004 Article 20/3]
  • Where the work is a work of collective work, other than an audiovisual work, the economic rights shall be protected for 50 years from the date on which the work was either made or first made available to the public, or first published, whichever date is the latest.[410/2004 Article 20/4]*Where the work is a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was either made or first made available to the public or first published, whichever date is the latest.[410/2004 Article 20/5]
  • The economic rights relating to a photographic work shall be protected for 25 years from the making of the work.[410/2004 Article 20/7]
  • The economic rights relating to an audiovisual work shall be protected for 50 years beginning from the date of making of the work or communication of the work to the public, whichever date is the latest.[410/2004 Article 20/8]

Any official text of a legislative, administrative or of legal nature, as well as official translations thereof, is not protected.[410/2004 Article 5(b)]

Copyright tagsEdit

  • {{PD-Ethiopia}} – copyright term is generally 50 years after the author's death, or from the making of an audiovisual work or communication of said work to the public, whichever date is the latest. Copyright of a photographic work is 25 years from the making of the work.[410/2004 Article 20/1,7,8]

CurrencyEdit

X mark.svg Not OK. Ethiopia's copyright law excepts "any official text of a legislative, administrative or of legal nature, as well as official translations thereof".[410/2004 Article 5(b)] The term "official text" does not seem to include banknotes. Note that, as of May 2016, Ethiopia is not a party to the Berne Convention, so Ethiopian banknotes are not protected by US copyright law. However, Commons' policy is that works must be free in both the US and the source country.

Freedom of panoramaEdit

X mark.svg Not OK. Ethiopian law includes buildings and sculptures and fine arts works among the works subject to rights of copyright (Part 1 - article 3 : Scope of application ) and there is no "freedom of panorama" exception.

StampsEdit

Red copyright.svg. There are no specific laws on the copyright status of stamps. Ethiopian stamps are in the public domain 50 years after the date of issue, per the Copyright and Neighbouring Rights Protection Proclamation No. 410/2004, which states that "Economic rights shall belong to the author during his lifetime and to the heirs or legatees for fifty years from the date of death of the author" (Art. 20) and "The economic rights relating to an audiovisual work shall be protected for fifty years beginning from the date of making of the work or communication of the work to the public, which ever date is the latest."

See alsoEdit

CitationsEdit

  1. Ethiopia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Neighboring Rights Protection Proclamation No. 410/2004. Ethiopia (2004). Retrieved on 2018-11-04.
  3. Copyright and Neighboring Rights Protection (Amendment) Proclamation No. 872/2014. Ethiopia (2014). 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:Kenya

Kenya

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

BackgroundEdit

The British established a protectorate in what is now Kenya in 1895, followed by the Kenya Colony in 1920. Kenya gained independence in December 1963.

Kenya has been a member of the Berne Convention since 11 June 1993 and the World Trade Organization since 1 January 1995, 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 The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014) as the main copyright law enacted by the legislature of Kenya.[1] WIPO holds the text of this law in their WIPO Lex database.[2] WIPO also listed the The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 as one of the main copyright laws.[1] This defines special limitations on exploitation of traditional knowledge and cultural expressions where the author is unknown, which are seen as property of the communities of origin.[3]

General rulesEdit

Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014),

  • A literary, musical or artistic work other than photographs is protected until 50 years after the end of the year in which the author dies.[Cap 130 Rev 2014 Section 23(2.1)]
  • Audio-visual works and photographs are protected until 50 years from the end of the year when the work was either made, first made available to the public or first published, whichever date is latest.[Cap 130 Rev 2014 Section 23(2.2)]
  • Sound recordings are protected until 50 years after the end of the year in which the recording was made.[Cap 130 Rev 2014 Section 23(2.3)]
  • Broadcasts are protected until 50 years after the end of the year in which the broadcast took place.[Cap 130 Rev 2014 Section 23(2.4)]
  • Anonymous or pseudonymous literary, musical or artistic works are protected until the expiration of 50 years from the end of the year in which it was first published.[Cap 130 Rev 2014 Section 23(3)]
  • For a work of joint authorship, reference to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualified person.[Cap 130 Rev 2014 Section 23(4)]
  • A literary, musical or artistic? work created pursuant to a commission from the government is protected for 50 years since the end of the year when it was first published.[Cap 130 Rev 2014 Section 25(2)]

Traditional Knowledge and Cultural Expressions: not freeEdit

See also: Commons:Paying public domain

According to The Protection of Traditional Knowledge and Cultural Expressions Act, 2016, "cultural expressions" means any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear or are manifested, and comprise of the following forms of expressions or combinations thereof­

(a) verbal expressions including stories, epics, legends, poetry, riddles; other narratives; words, signs, names, and symbols;
(b) musical expressions including songs and instrumental music;
(c) expressions by movement, including dances, plays, rituals or other performances, whether or not reduced to a material form;
(d) tangible expressions, including productions of art, drawings, etchings, lithographs, engravings, prints, photographs, designs, paintings, including body-painting, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, basketry, pictorial woven tissues, needlework, textiles, glassware, carpets, costumes; handicrafts; musical instruments, maps, plans, diagrams architectural buildings, architectural models; and architectural forms.[33/2016 Section 2]

The national government shall establish and maintain a comprehensive Traditional Knowledge Digital Repository which shall contain information relating to traditional knowledge and cultural expressions that have been documented and registered by county governments.[33/2016 Section 8(3)] The national government shall establish mechanisms that enable the communities to prevent the misappropriation, misuse or unlawful access and exploitation of traditional knowledge and cultural expressions, without prior consent.[33/2016 Section 18(4)] Where the use or exploitation is intended to be gainful, equitable remuneration or benefit-sharing, the use or exploitation is on terms determined and agreed with the relevant community and in the absence of such agreement as determined by the Cabinet Secretary in consultation with the relevant community.[33/2016 Section 18(6d)]

Copyright tagsEdit

  • {{PD-Kenya}} – for works whose author died more than 50 years ago (for photographs 50 years after first publication).

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Kenya}}Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014), copyright on artistic works "does not include the right to control reproduction and distribution of copies, or the inclusion in a film or broadcast, of an artistic work situated in a place where it can be viewed by the public".[Cap 130 Rev 2014 Section 26(1b)] Note that the definition of artistic works under Kenyan law includes paintings, drawings, sculptures, photographs, and architecture. Furthermore, unlike freedom of panorama exemptions in some other countries, in Kenya it is not restricted to only works permanently located in a public place, and can include works in private places if viewable by the public.

StampsEdit

Copyrighted. The Copyright Act 1966 states that "any work eligible for copyright which has been created pursuant to a commission from the Government" is copyrighted "until the end of the expiration of fifty years from the end of the year in which it was first published" [7]. For stamps published before 1 January 1969 use {{PD-Kenya|1}}.

Public domain (if prior to December 1965) per {{PD-UKGov}}

See alsoEdit

CitationsEdit

  1. a b c Kenya Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014). Kenya (2014). Retrieved on 2018-11-04.
  3. The Protection of Traditional Knowledge and Cultural Expressions Act, 2016. Kenya (2016). Retrieved on 2018-11-07.
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:Madagascar

Madagascar

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

BackgroundEdit

Madagascar became a French colony in 1897. The country regained independence in 1960.

Madagascar has been a member of the Berne Convention since 1 January 1966, the World Trade Organization since 17 November 1995 and the WIPO treaty since 24 February 2015.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-036 of September 18, 1995, on Literary and Artistic Property as the main copyright law enacted by the legislature of Madagascar.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law repealed Law No. 57-298 of March 11, 1957, on Literary and Artistic Property.

General rulesEdit

Under Law No. 94-036 of 18 September 1995 on Literary and Artistic Property,

  • An author shall enjoy the exclusive right to exploit his work during his lifetime. On his death, this right shall subsist for the benefit of his successors in title during the current calendar year and the 70 following years.[94-036/1995 Article 52]
  • For works of collaboration, the calendar year taken into account shall be that of the death of the last surviving collaborator.[94-036/1995 Article 53]
  • For pseudonymous or anonymous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 54]
  • For staggered publications, Article 52 shall apply to each publication and not to the series as a whole.[94-036/1995 Article 55]
  • For posthumous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 56]

Freedom of panoramaEdit

X mark.svg Not OK There is no Commons-usable freedom of panorama in Madagascar, as per Law No. 94-036 of 18 September 1995 on Literary and Artistic Property: "... it shall be permitted, without authorization from the author and without payment of remuneration, to reproduce, ... or to communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work and a work of applied art that is permanently located in a place open to the public, save where the image of the work is the main subject of this reproduction, broadcast or communication and where it is not used for commercial purposes".[94-036/1995 Article 48]

CitationsEdit

  1. a b Madagascar Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 94-036 of September 18, 1995, on Literary and Artistic Property. Madagascar (1995). Retrieved on 2018-11-03.
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:Malawi

Malawi

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

BackgroundEdit

The region to the west and south of Lake Nyasa (now Lake Malawi) was colonized by the British in 1891 and became the protectorate of Nyasaland. In 1953 Malawi joined the semi-independent Federation of Rhodesia and Nyasaland, which was dissolved in 1963. In 1964 Nyasaland became an independent country.

Malawi has been a member of the Berne Convention since 12 October 1991 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 the Copyright Act, 2016 (Act No. 26 of 2016) as the main IP law enacted by the legislature of Malawi.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The 2016 act replaced and repealed the Copyright Act, 1989 (as amended on July 1, 2001).[3] The provisions appear to be retroactive: "Any subsidiary legislation made under the repealed Act in force immediately before the commencement of this Act shall remain in force unless in conflict with this Act ...[26/2016 Section 120]

General rulesEdit

According to the Malawian Copyright Act of 1989, the copyright terms of Malawi were as follows:[3]

  • Photographic works: 25 years since the end of the year of first publication. Note that the 2016 act does not specify a duration for photographs, which are considered "artistic works" and so would now be protected for life + 50 years.
  • Audio-visual work: 50 years since the end of the year in which it was first made available to the public
  • Works by individual authors: 50 years since the end of the year of the author's death
  • Works by anonymous, corporate, or government authors: 50 years from the date of publication

Under the Copyright Act, 2016,

  • Works are protected during the life of the author and for 50 years after his death.[26/2016 Section 35(1a)]
  • For a work of joint ownership, during the life of the last surviving author and for 50 years after his death.[26/2016 Section 35(1b)]
  • For anonymous or pseudonymous works, for a period of 50 years from the date on which such work was first published or otherwise lawfully made available to the public, whichever date is the latest, or if the work has not thus been made available to the public within 50 years of it having been created, for a period of 50 years from the date on which the work was created.[26/2016 Section 35(1c)]
  • For an audio­visual work, until the expiration of 50 years from the date on which such work is first published or otherwise made available to the public with the consent of the author, whichever date is the latest, or if the work has not thus been made available to the public within 50 years from the making of the work, for 50 years from the making of the work.[26/2016 Section 35(1d)]
  • For a work owned by the Government, for 50 years from the date on which the work was first made available to the public, or, if the work has not thus been made available to the public within 50 years from the making of the work, 50 years from the making of the work.[26/2016 Section 35(1e)]
  • For a work of applied art which is subject to production on an industrial scale, until the expiration of 25 years from the date on which the work was first published, or, if the work has not been published within 50 years of it having been made, for a period of 50 years from the date on which the work was made.[26/2016 Section 35(1f)]

Every period specified in this section shall run to the end of the calendar year in which it would otherwise expire.[26/2016 Section 35(2)]

Expressions of folklore: not freeEdit

"Expressions of folklore" means subject matter in the literary, dramatic, musical or artistic fields, belonging to the traditional cultural heritage of Malawi, preserved and developed by ethnic or local communities or by unidentified individuals of Malawi, and includes folk tales, folk poetry and riddles; folk songs and instrumental folk music; folk dances, plays and artistic forms of rituals; production of folk art, in particular drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, baskets and costumes; traditional musical instruments; and any works designated as such by the Minister by notice published in the Gazette.[26/2016 Section 2] Protection of expressions of folklore applies to expressions of folklore belonging to the traditional or cultural heritage of Malawi developed and maintained by ethnic or local communities in Malawi; or unidentified Malawian individuals.[26/2016 Section 3(2)]

Copyright in expressions of folklore shall vest in perpetuity in the Government on behalf of, and for the benefit of the people of Malawi.[26/2016 Section 67(1)] The following uses of the expressions of folklore shall be subject to prior written authorization by the Minister when they are made for gainful purposes or outside their traditional and customary context: any publication, reproduction and any distribution of copies of expressions of folklore; or any communication to the public, including recitation, performance, broadcasting or distribution by cable, of expressions of folklore.[26/2016 Section 68] Authorization of any use of expressions of folklore may be general or specific and may be granted upon application in writing to the Minister.[26/2016 Section 71(1)]

Freedom of panoramaEdit

Reproduction of a work and making available to the public of any work that can be seen or heard in the course of a current event, for the purpose of reporting on the current event, by means of photography, cinematography or other means of communication, is permitted to the extent justified for an informative purpose.[26/2016 Section 45] Reproduction and making available to the public by photography, cinematography, drawing or similar means of depiction of an artistic work is permitted when the work is

(a) included in the picture or recording by way of background or as incidental, to the essential matters represented;
(b) a work of architecture in the form of a building; or
(c) a work of art permanently located in a place outdoors where it can be viewed by the public:

Provided that pictures or recordings in which the work of art clearly is the principal motif, shall not be commercially exploited without the consent of the author.[26/2016 Section 46]

Copyright tagsEdit

a) photographs after 25 years from the end of the year of first publication;
b) computer programs 10 years after the end of the year in which they were first sold, leased or licensed;
c) audio-visual works 50 years from the end of the year of first publication;
d) other works 50 years from the end of the year of the author's death.

StampsEdit

Copyrighted Under Malawi's Copyright Act, 2016, the copyright term for works by the government is 50 years from the date of first publication and for works by individual authors is life of the author plus fifty years.[26/2016 Section 35(1a),(1e)] Since the first stamps of Malawi were issued on 6 July 1964, the earliest any stamp of Malawi will be PD is 2015 (and even then only if the artwork depicted on the stamp is a government work).

See alsoEdit

CitationsEdit

  1. a b Malawi Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act, 2016 (Act No. 26 of 2016). Malawi (2016). Retrieved on 2018-11-04.
  3. a b Malawi:Copyright Act, 1989. WIPO (2001). Retrieved on 21 May 2014.
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COM:Mauritius

Mauritius

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

BackgroundEdit

Mauritius was a French colony from 1715 to 1810, then a British colonial possession until 1968. Mauritius proclaimed independence on 12 March 1968.

Mauritius has been a member of the Berne Convention since 10 May 1989 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2014 as the main copyright law enacted by the legislature of Mauritius.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

DurationsEdit

According to the 2014 copyright act (File:Mauritius Copyright act from 2014.pdf), Part III - Features of Economic Rights, Section 15. Duration of copyright

  • The economic and moral rights shall be protected during the lifetime of the author and for 50 years after his death.[2014 Sec.15(1)]
  • For a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for 50 years after his death.[2014 Sec.15(2)]
  • For an audiovisual work, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public by publication, or by any other means, whichever date is the latest.[2014 Sec.15(3)]
  • For a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public, by publication or by any other means, whichever date is the latest, where the author’s identity is revealed or is no longer in doubt before the expiration of the said period, the provisions of subsection (1) or (2) shall apply, as the case may be.[2014 Sec.15(4)]
  • For a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[2014 Sec.15(5)]
  • Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[2014 Sec.15(6)]

Copyright tagsEdit

  • {{PD-Mauritius}} – photographs 25 years after creation, audio-visual works 50 years after publication, other works 50 years after the author's death.

Freedom of panoramaEdit

X mark.svg Not OK. There is no exception for freedom of panorama for commercial purposes.

CitationsEdit

  1. a b Mauritius Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act 2014. Mauritius (2014). Retrieved on 2018-11-04.
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COM:Mayotte

Mayotte

Other region, e.g. dependency, union, former country

Location of Mayotte

Mayotte is an overseas department and region of France. It is an archipelago in the Indian Ocean off between northwestern Madagascar and northeastern Mozambique. Mayotte, as part of France, forms part of the European Union.

The same copyright laws apply as in the rest of France.

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
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COM:Mozambique

Mozambique

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

BackgroundEdit

The Portuguese began a gradual process of colonisation and settlement of the Mozambique region in 1505. Mozambique gained independence on 25 June 1975.

Mozambique has been a member of the Berne Convention since 22 November 2013 and the World Trade Organization since 26 August 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 4/2001 of February 27, 2001 (Copyright Law) as the main copyright law enacted by the legislature of Mozambique.[1] WIPO holds the text of this law in their WIPO Lex database. It repeals and replaces the Code of Copyright approved by Decree-Law No. 46,980 of April 27, 1966.[2][3]

The 2001 law appears to be retroactive: "The Code of Copyright, approved by Decree-Law No. 46,980 of April 27, 1966, enacted in Mozambique by Governmental Decree No. 679/71 of December 7, and all legislation that contradicts this Law, is hereby repealed".[4/2001 Article 78]

General rulesEdit

Under Law No. 4/2001 of 27 February 2001,

  • The protection of economic rights shall expire 70 years after the death of the author, even in the case of a work disclosed or published posthumously.[4/2001 Article 22(1)]
  • The economic rights in a work of joint authorship are protected during the lifetime of the last surviving author, and for a further 70 years following his death.[4/2001 Article 23]
  • The economic rights in a work published anonymously or under a pseudonym are protected for 70 years from the date on which the work is legally published for the first time.[4/2001 Article 24(1)]
  • The economic rights in a collective work and in an audiovisual work are protected for 70 years after the work is lawfully made public or after its completion.[4/2001 Article 25]
  • The economic rights in a work of applied art are protected for 70 years from its completion.[4/2001 Article 26]

For the above rules, the counting of periods starts on the first of January of the calendar year following the event that gave rise to the right in question and ends at the close of the calendar year in which the period would normally reach its conclusion.[4/2001 Article 27]

There is no copyright protection for "official texts of a legislative, administrative or judicial nature, or official translations thereof".[4/2001 Article 5a]

Works of folkloreEdit

"Folklore" means works created on the national territory by anonymous authors or an unknown group, transmitted by successive generations and constituting one of the fundamental elements of the traditional cultural heritage.[4/2001 Glossary 15] "Expressions of folklore" means productions of elements characteristic of the traditional artistic heritage, developed and perpetuated by a community or by individuals and recognized as responding to the wishes of that community, including popular songs, dances and shows, as well as the artistic expression of rituals and productions of folk art.[4/2001 Glossary 13]

Ownership of the copyright in works of folklore vests in the State, which shall exercise its rights through the Council of Ministers, without prejudice to the rights of those who collect, transcribe, arrange or translate them, provided that the collections, arrangements or translations are original and respect the authenticity of the works.[4/2001 Article 31] The protection of works of folklore is not limited in time.[4/2001 Article 50]

CurrencyEdit

X mark.svg Not OK. Under Law No. 4/2001 of 27 February 2001 there are no exceptions to copyright protection for works which were already in the public domain. Banknotes are not within the exceptions to copyright. There is a copyright exception for "official texts of a legislative, administrative or judicial nature, or to official translations thereof".[4/2001 Article 5a] Because the exception uses "text", banknotes do not seem to be within the exception.

Copyright protection for collective works, such as banknotes, lasts 70 years under Mozambique law and also under US law, since Mozambique is a party to the Berne Convention. Since that is long before Mozambique gained independence, all Mozambique banknotes are copyrighted. For banknotes that circulated before independence, Portuguese law applies.

Freedom of panoramaEdit

X mark.svg Not OK. for reproductions, broadcasts and cable communications to the public executed in the Republic of Mozambique (since 25 June 1975) There is only non-commercial freedom of panorama in Mozambique:

  • It is permitted, without authorization by the author or payment of any remuneration, to reproduce, broadcast or communicate by cable to the public the image of a work of architecture, three-dimensional art, photography or applied art that is permanently located in a place open to the public, except where the image of the work is the principal subject of such reproduction or broadcast or communication and is used for commercial purposes.[4/2001 Article 15]
  • It is permitted ... to reproduce or make available to the public for the purposes of reporting current events by means of photography, cinematography or video, or by broadcasting or communication by cable to the public, to the extent justified by the informatory purpose, a work seen or heard during the said event.[4/2001 Article 14(b)]

The 2001 copyright law of Mozambique appears to be retroactive. In case it is not, the applicable law would be the previous 1966 copyright law, which allows FOP (see below). Therefore, the status of reproductions, broadcasts and cable communications to the public executed before 28 May 2001 is undetermined.

Symbol OK.svgOK for works executed in the Portuguese territory of Mozambique (before 25 June 1975)

Mozambique was considered Portuguese territory before its independence in 25 June 1975, and current jurisprudence generally use Portuguese law to deal with actions executed in former Portuguese overseas territories before that date. Examples: 02S3074,JTRL00024225, JTRL00024030, 7189/2003-4, 0451/05.Related discussion here.

The applicable law was Decreto-Lei n.º 46980, de 27 de Abril de 1966 which allowed FOP:

  • The reproduction and publication by the press, cinema, television or any other mean, of the image of works of architecture or any other kind of plastic arts already divulged by the author is free.[46980/1966 Art.152]

StampsEdit

Copyrighted Mozambique copyright law instituted in 2001 states that copyright subsists for 70 years following completion for "works of applied art" which appears to cover stamps.

See alsoEdit

CitationsEdit

  1. a b Mozambique Copyright and Related Rights (Neighboring Rights)[3], WIPO: World Intellectual Property Organization, 2018
  2. Law No. 4/2001 of February 27, 2001 (Copyright Law)[4], Mozambique, 2001
  3. Decreto-Lei n.º 46980 (Rectificações) (27 April 1966).
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COM:Puntland

Puntland

Limited international recognition

Location of Puntland in Somalia

Puntland is a region in northeastern Somalia. Its leaders declared the territory an autonomous state in August 1998. The leaders of Puntland have said they do no want full independence, but want to be part of a federal Somalia.[1]

Presumably the copyright laws of Somalia apply to works from Puntland.

See alsoEdit

CitationsEdit

  1. Puntland profile. BBC (28 May 2018).
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COM:Réunion

Réunion

Other region, e.g. dependency, union, former country

Location of Réunion

Réunion is an overseas department and region of France. It is an island in the Indian Ocean, east of Madagascar and southwest of Mauritius. Réunion, as part of France, forms part of the European Union.

The same copyright laws apply as in the rest of France.

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
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COM:Rwanda

Rwanda

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

BackgroundEdit

Germany colonised Rwanda in 1884 as part of German East Africa. After World War I Germany ceded the territory to Belgium, which administered it as part of the territory of Ruanda-Urundi. Burundi and Rwanda became independent countries in 1962.

Rwanda has been a member of the Berne Convention since 1 March 1984 and the World Trade Organization since 22 May 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property as the main IP law enacted by the legislature of Rwanda.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law is retroactive: "Repeal of former provisions contrary to this Law ... the Law No 27/1983 of November 15th, 1983 governing the copyrights ... and any other former legal provisions contrary to this Law are hereby repealed".[31/2009 Article 294]

General rulesEdit

According to the Law No. 31/2009,

  • Subject to contrary provisions of this Law, the economic rights shall be protected during the life of the author and for fifty years (50) after his or her death.[31/2009 Article 217]
  • For a work of joint authorship, the economic rights shall be protected during the life of the last surviving author and for 50 years after his or her death.[31/2009 Article 218]
  • For a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was first lawfully published; for 50 years from the date on which the work was made; for 50 years from the end of the year in which the work was lawfully made available to the public.[31/2009 Article 219]
  • For a collective work, audiovisual work or work published after death of the author, the economic rights shall be protected for 50 years from the date on which the work was first lawfully published; for 50 years from the date on which the work was made; for 50 years from the end of the year in which the work was lawfully made available to the public.[31/2009 Article 220]
  • For a work of applied art, the economic rights shall be protected for 25 years from the end of the year in which the work was made.[31/2009 Article 221]

Every period concerning the duration of protection of copyrights shall run to the end of the calendar year in which it would otherwise expire. [31/2009 Article 217}}

Pubic domain and expressions of folklore: not freeEdit

The works of the public domain are part of the national culture and heritage. The use, for profit making purposes, of work of the public domain shall be made in return for payment of royalties in the conditions determined by the empowered authority. A part of funds equal to twenty five per cent (25%) collected in accordance with this article is reserved to activities of creative works promotion.[31/2009 Article 202]

"Expression of folklore" is a group-oriented and tradition-based creation of a community or individuals developed and perpetually exercised on the territory of Rwanda, reflecting the expectation of the folk arts of such a community. These are: folktales, folk poetry, and folk riddles; folk songs and instrumental folk music; folk dances and folk plays; productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metalware, jewelry and indigenous textiles.[31/2009 Article 6(11)] Expressions of folklore are part of the national culture and heritage. The use, for profit making purposes, of work derivative from Rwandan national folklore shall be made in return for payment of royalties in the conditions determined by the empowered authority. A part of funds equal to twenty five per cent (25%) collected in accordance with this article is reserved to activities of creative works promotion.[31/2009 Article 201]

Freedom of panoramaEdit

The following acts shall be permitted ... the reproduction or the communication to the public, for the purpose of reporting short current events using photography, cinematography or broadcasting, or other communication using cable of a work seen or heard in the course of such events, to the extent justified by the informatory purpose.[31/2009 Article 209]

There shall be permitted without authorization of the author and without payment of remuneration, to reproduce, to broadcast or to communicate by cable to the public a picture of work of architecture, of work of fine arts, a photographic work and a work of applied art that is permanently located on place opened to the public, except if the picture of this work is the main topic of such a reproduction, broadcasting or communication and if it is used for commercial purposes.[31/2009 Article 210]

CitationsEdit

  1. a b Rwanda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property. Rwanda (2009). Retrieved on 2018-11-05.
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Scattered Islands in the Indian Ocean

Other region, e.g. dependency, union, former country

Location of Scattered Islands in the Indian Ocean

The Scattered Islands in the Indian Ocean consist of four small coral islands, an atoll, and a reef in the Indian Ocean, and have constituted the 5th district of the French Southern and Antarctic Lands since February 2007. They have never had a permanent population. The Scattered Islands in the Indian Ocean, as part of France, form part of the European Union.

The same copyright laws apply as in the rest of France.

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
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COM:Seychelles

Seychelles

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

BackgroundEdit

Britain assumed control of the Seychelles upon the surrender of Mauritius in 1810, formalised in 1814 at the Treaty of Paris. The Seychelles became a crown colony separate from Mauritius in 1903. The Seychelles became independent on 29 June 1976.

The Seychelles has been a member of the World Trade Organization since 26 April 2015, as well as various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the "Copyright Act, 2014 (Act No. 5 of 2014)" as the main IP law enacted by the legislature of the Seychelles.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

This act repealed the Copyright Act (Cap 58) of 31 March 1984.[5/2014 Section 38(1)] However, any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act shall continue to subsist.[5/2014 Section 38(2c)]

General rulesEdit

According to the earlier Copyright Act, Chapter 51, enacted 1984, amended 1991, a work first published in the Seychelles is now in the public domain if it meets one of the following criteria:

  • It is an anonymous work or pseudonymous work and 25 years have passed since the year of its publication
  • It is a sound recording and 50 years have passed since the date of its creation
  • It is a photographic work or film and 25 years have passed since the year of its publication
  • It is literary, musical or artistic work other than photograph and 25 years have passed since the year of death of the author (or last-surviving author)
  • It is a government work and 25 years have passed since the year of its publication

According to the more recent Copyright Act, 2014, which does not appear to be retroactive,

  • The economic and moral rights shall be protected during the life of the author and for 50 years after his or her death.[5/2014 Section 19(1)]
  • In the case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for fifty years after his or her death.[5/2014 Section 19.(2)]
  • In the case of an audio-visual work, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public by publication or by any other means, whichever date is the latest.[5/2014 Section 19.(3)]
  • In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public, by publication or by any other means whichever date is the latest.[5/2014 Section 19.(4)]
  • In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[5/2014 Section 19.(5)]

The period provided for·under subsections (1) to (5) shall run to the end of the calendar year in which it would otherwise expire.[5/2014 Section 19.(6)]

Copyright tagsEdit

a) photographs and films and 25 years after first publication;
b) sound recordings 25 years after creation;
c) literary, musical or artistic works other than photographs 25 years after the author's death.

Freedom of panoramaEdit

The Seychelles Copyright Act of 1991 sets forth that "4. The reproduction, distribution of copies or inclusion in a film or broadcast of an artistic work permanently on view to the public" are "acts not controlled by copyright." (Schedule 1; Sections 10, 11 12 (sic) and 13).

There is no comparable provision in the 2014 act, which does not appear to be retroactive.

StampsEdit

Before June 1976

Public domain use {{PD-UKGov}} Seychelles was a British colony until June 1976; its stamps of the colonial era are covered by the "Crown Copyright", which expires after 50 years and puts the stamps in the public domain (see Crown copyright and {{PD-UKGov}}).

Before 1994

Public domain use {{PD-Seychelles}}.

After 1994

Copyrighted Postage stamps first published 25 years ago or earlier are not in the public domain, and should not be uploaded.

See alsoEdit

Seychelles Category:Stamps of Seychelles

CitationsEdit

  1. a b Seychelles Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Copyright Act, 2014 (Act No. 5 of 2014). Seychelles (2018). Retrieved on 2018-11-03.
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COM:Somalia

Somalia

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

BackgroundEdit

In the late 19th century the British and Italian empires established the colonies of British Somaliland and Italian Somaliland. Italian occupation lasted until 1941, when a British military administration took over. In 1949 Italian Somaliland became a United Nations Trusteeship under Italian administration. The two regions united on 1 July 1960 to form the independent Somali Republic. On 18 May 1991 the former British Somaliland unilaterally declared independence from Somalia.

Copyright in British Somaliland was covered by the 1911 Copyright Act, which was superseded by the Copyright Act 1956. Italian laws covered Italian Somaliland. These two sets of laws remained in force in the respective regions until the Somali Democratic Republic passed the first Copyright Law, Law No. 66 of 7 September 1977.[1] The 1977 law does not appear to have been widely used or enforced, and it is unclear whether it is relevant to the breakaway state of Somaliland.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any IP laws enacted by the legislature of Somalia.[2] The Ministry of Education, Culture & Tourism has published a press law dated June 2017 on the government website, which refers to copyright.[3] The law does not specify a duration and is unclear.[4]

The United States Copyright Office declares the state of copyright relations with Somalia to be "unclear", as opposed to "none".[5]

General rulesEdit

According to the 1977 Copyright Law - Law No. 66 of 7 September 1977, Somali law includes copyright protection for registered works. However, there is no longer anywhere to register copyrights. There are records of a copyright office existing prior to being destroyed in the civil war in 1991. Durations were:

  • The copyright of (registered) literary and artistic and scientific works shall be protected during the life of the author and for a further period of 30 years after his death.[6/1977 (Art.24)]
  • In the case of joint works, the copyright shall be protected up to 30 years after the death of the last surviving author.[6/1977 (Art.24.2)]
  • Works whose authors are not known or were published anonymously or under pseudonyms shall enjoy protection from the date when the unknown name or the real name of the author is found in the Copyright Register.[6/1977 (Art.25)]
  • Works undertaken after the death of an author shall enjoy protection from the date of their publication.

See alsoEdit

CitationsEdit

  1. a b Somaliland Copyright Law. Somaliland Law.com (2018). Retrieved on 2018-12-09.
  2. Somalia Copyright and Related Rights (Neighboring Rights)[5], WIPO: World Intellectual Property Organization, 2018
  3. Press Law (2017). Retrieved on 2018-12-092016.
  4. Mohamed Ali Juhaa (September 23, 2017). Wasiirka Warfaafinta Oo Golaha Shacabka Hor Geeyey Wax Ka Bedelka Xeerka Saxaafada Si Ay Ansixiyaan (media article). Retrieved on 2019-01-13.
  5. Circular 38a: International Copyright Relations[6], United States Copyright Office of the United States, 2019, page 11
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Somaliland

Limited international recognition

Location of Somaliland in Somalia

Somaliland is a region in northern Somalia. Its leaders declared the territory an autonomous state in 1991, but internationally it is considered an autonomous region of Somalia.

In the late 19th century the British and Italian empires established the colonies of British Somaliland and Italian Somaliland. Italian occupation lasted until 1941, when a British military administration took over. In 1949 Italian Somaliland became a United Nations Trusteeship under Italian administration. The two regions united on 1 July 1960 to form the independent Somali Republic. On 18 May 1991 the former British Somaliland unilaterally declared independence from Somalia.

Copyright in British Somaliland was covered by the 1911 Copyright Act, which was superseded by the Copyright Act 1956. Italian laws covered Italian Somaliland. These two sets of laws remained in force in the respective regions until the Somali Democratic Republic passed the first Copyright Law, Law No. 66 of 7 September 1977.[1] The 1977 law does not appear to have been widely used or enforced, and it is unclear whether it is relevant to the breakaway state of Somaliland.[1]

See alsoEdit

CitationsEdit

  1. a b Somaliland Copyright Law. Somaliland Law.com (2018). Retrieved on 2018-12-09.
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COM:South Sudan

South Sudan

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

Governing lawsEdit

South Sudan gained its independence from the Republic of the Sudan on 9 July 2011.[1] Article 198 of the Constitution of the South Sudan declares that "All laws of South Sudan shall remain in force [...] unless new action are taken [...]." Section 35 of the Investment Promotion Act (2009)] states: "The Government shall protect the intellectual property rights of all persons and investors in Southern Sudan and shall enforce rights to trademarks, copyrights, patents, and other intellectual property rights in accordance with any related international conventions to which the Republic of the Sudan is a signatory."[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Protection Act 1996 as the main copyright law enacted by the legislature.[3] WIPO holds the text of this law in their WIPO Lex database.[4]

General rulesEdit

Under the 1996 Act,

  • The protection of economic rights in a work shall last during the author’s life and 50 years after his death.[1996 Section 13(2)]
  • The term of protection shall last 25 years from the date of publication of the following works:
    • photographic pictures and cinematographic films and other audiovisual works.[1996 Section 13(3a)]
    • works which are published for the first time after the author’s death.[1996 Section 13(3b)]
    • works published under unknown pseudonym or anonymously; the term shall start to run from the date of first publication.[1996 Section 13(3c)]
  • In relation to a joint work the period shall start to run from the date of death of the last surviving author.[1996 Section 13(4)]

See alsoEdit

CitationsEdit

  1. South Sudan country profile. BBC News (6 August 2018). Retrieved on 2018-11-07.
  2. Investment Promotion Act (2009). South Sudan (2009). Retrieved on 2019-01-13.
  3. South Sudan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  4. Copyright and Neighbouring Rights Protection Act 1996. South Sudan (2018). Retrieved on 2018-11-04.
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COM:Tanzania

Tanzania

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

BackgroundEdit

In the late 19th century Germany formed German East Africa, which became the British colony of Tanganyika after World War I. Zanzibar was a separate colonial jurisdiction. Following their respective independence in 1961 and 1963, the two entities merged in April 1964 to form the United Republic of Tanzania.

Tanzania has been a member of the Berne Convention since 25 July 1994 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Act, 1999 as the main copyright law enacted by the legislature of Tanzania.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Copyright and Neighbouring Rights Act, 1999 became operational from December, 31, 1999.[3][4]

Special laws apply to works originating in Zanzibar, which are covered by the Zanzibar Copyright Act, 2003.[5]

General rulesEdit

Prior to 1966 {{PD-UKGov}} applies.[6] The general copyright term, both before and after independence, is 50 years after the death of the last surviving author.

Under the 1999 Copyright and Neighbouring Rights Act a work first published in Tanzania is now in the public domain if it meets one of the following criteria:

  • It is an anonymous work or pseudonymous work and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
  • It is an audiovisual work, and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
  • It is a work of applied art and 25 years have passed since the date of its creation
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is one of "laws and decisions of courts and administrative bodies as well as to official translations therefore"

For all post 1999 cases {{PD-Tanzania}} would apply.

Freedom of panoramaEdit

  • Outside of Zanzibar: Symbol OK.svgOK moving images/video only {{FoP-Tanzania}}
  • In Zanzibar: X mark.svg Not OK except for photographs of public "folklore"

According to article 12 (6) of the "Copyright and Neighbouring Rights Act" (1999), reproduction of works of art and works of literature is permitted in audio-visual and video recordings, if the work is permanently located in a place where it can be viewed by the public.

Per Part I, Preliminary provisions, ""audiovisual work" means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of beIng made visible, and where accompanied by sounds, susceptible of being made audible."

Zanzibar, which is part of Tanzania, has a separate copyright law, the Zanzibar Copyright Act, 2003. It does not allow for a free reproduction of works in public premises, except for the works of folklore that are permanently located in a place visible by the public (Article 29-II). In this case, it may be reproduced in the form of a photograph, a film or a television broadcasting.

See alsoEdit

CitationsEdit

  1. a b Tanzania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Neighbouring Rights Act, 1999. Tanzania (1999). Retrieved on 2018-11-04.
  3. Samuel Wangwe et al.. Country Case Study for Study 9: Tanzania 9. Commission on Intellectual Property Rights. Retrieved on 2019-01-13.
  4. Stephen Mtetewaunga (October 1999). Presentation of the new copyright act of Tanzania. WIPO. Retrieved on 2019-01-13.
  5. The Zanzibar Copyright Act, 2003. Zanzibar. Retrieved on 2018-11-07.
  6. Johansein (4 November 2010). Intellectual property right in Tanzania 2. Tanzania. Retrieved on 2019-01-13.
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COM:Uganda

Uganda

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

BackgroundEdit

Uganda takes its name from the Buganda kingdom. Beginning in 1894, the area was ruled as a protectorate by the United Kingdom. Uganda regained independence on 9 October 1962.

Uganda has been a member of the World Trade Organization since 1 January 1995.[1]

The United Kingdom copyright act was introduced in Uganda in January 1953, and was not subsequently updated to reflect changes in UK law. The 1953 law formed the basis for the Copyright Act of 1964.[2] The 1964 act was replaced by the 2006 act, effective 4 August 2006.[3] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the The Copyright and Neighbouring Rights Act, 2006 as the main IP law enacted by the legislature of Uganda.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

General rulesEdit

A work first published in Uganda will be in the public domain if its copyright protection has expired in Uganda by virtue of the non-retrospective Copyright and Neighbouring Rights Bill 2006, or if it entered the public domain prior to the commencement of that law by virtue of the previous Copyright Act 1964.

Under the 1964 Act,[2]

  • Unpublished literary, musical works were protected for 50 years after the end of the year in which the author dies.
  • Published literary, musical or artistic work was protected the later of the following-(a) the end of the year in which the author dies; (b) 50 years after the end of the year in which the work was first published.
  • For unpublished cinematograph film or gramophone record, 50 years after the record, if first published 50 years after the end of the year in which the work was first published, 45 years after the end of the year in which the work was first published.
  • For broadcasts, 50 years after the end of the year in which the broadcast was made.

Under the 2006 act,

  • The economic rights of the author are protected during the life of the author and 50 years after the death of the author.[2006 Section 13(1)]
  • The economic rights in a work of joint authorship are protected during the life of the last surviving author and 50 years after the death of the last surviving author.[2006 Section 13(2)]
  • Where the economic rights in a work are owned by a corporation or other body, the term of protection is 50 years from the date of the first publication of the work.[2006 Section 13(3)]
  • For a work published anonymously or under a pseudonym, the economic rights are protected for 50 years from the date of first publication, if the author does not become known.[2006 Section 13(4)]
  • For an audio-visual work, sound recording or broadcast, the economic rights are protected until the expiration of 50 years commencing from the date of making the work or from the date the work is made available to the public with the consent of the author.[2006 Section 13(5)]
  • For a photographic work, the economic rights are protected for 50 years from the date of making the work.[2006 Section 13(7)]

Not protectedEdit

Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.[2006 Section 6]

There is no copyright in the following works:[2006 Section 7]

  • enactments, including Acts, statutes, decrees, statutory instruments and other laws made by the Legislature or other authorised bodies;
  • decrees, orders and other decisions by courts of law for the administration of justice and any official translations from them;
  • reports made by committees or commissions of inquiry appointed by the Government or any agency of the Government;
  • news of the day, namely, reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.

Copyright tagsEdit

  • {{PD-Uganda}} – for works meeting one of the following criteria:
a) photographic works 50 years after creation;
b) computer programs, audio-visual works or sound recordings 50 years after publication
c) literary, musical or artistic works published before January 1st, 1954, whose author died before Jan 1st, 2004;
d) other works 50 years after the author's death.

CurrencyEdit

X mark.svg Not OK. Bank of Uganda owns the copyright in its banknotes and coins. Under section 120(373) of the Penal Code, it is a criminal offence for any person to reproduce banknotes or coins to any degree without the prior consent in writing of the Bank of Uganda.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Uganda}}

According to the Copyright and Neighbouring Rights Act 2006, a work of art or architecture may be used in a photograph, an audiovisual work or a television broadcast without infringing the author's copyright and without the author's consent where the work is permanently located in a public place; or is included in the background or is otherwise incidental to the main object in the photograph, audiovisual work or television broadcast.[2006 Section 15(1)(g)]

See alsoEdit

CitationsEdit

  1. a b Uganda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. a b A study report on copyright and neighbouring rights law. Uganda Law Reform Commission (2004). Retrieved on 2019-01-13.
  3. a b Copyright and Neighbouring Rights Act, 2006. Uganda (2006). Retrieved on 2018-11-08.
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COM:Zambia

Zambia

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

BackgroundEdit

The Zambia region became the British protectorates of Barotziland-North-Western Rhodesia and North-Eastern Rhodesia towards the end of the 19th century. These were merged in 1911 to form Northern Rhodesia. Zambia became independent on 24 October 1964.

Zambia has been a member of the Berne Convention since 2 January 1992 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994) as the main copyright law enacted by the legislature of Zambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended by Act No. 25 of 2010, but the changes were concerned with rules related to handling copyright violations rather than definitions of works and durations.[3]

General rulesEdit

Under the Copyright and Performance Rights Act, enacted 1994, amended 2010,

  • Except as otherwise stated below, copyright in a literary, musical or artistic work or compilation expires at the end of 50 years from the end of the calendar year in which the author dies.[1994-2010 Section 12(1)]
  • If the work is produced by a public officer or employee of the government in the course of his employment, and the government is the first owner of the copyright in the work, copyright in the work expires at the end of 50 years from the end of the calendar year in which the work is made.[1994-2010 Section 12(2)]
  • If the work is of unknown authorship, the copyright in the work shall expire at the end of the period of 50 years from the end of the calendar year in which the work is first published, unless the identity of the author of the work becomes known before that date.[1994-2010 Section 12(3)]
  • For a work of joint authorship, references to the "author" mean the last survivor of the known authors.[1994-2010 Section 12(4)]
  • Copyright in an audiovisual work or sound recording expires at the end of the period of 50 years from the end of the calendar year in which it is made; or at the end of the period of 50 years from the end of the calendar year in which it is first published, if it is published within 50 years of being made.[1994-2010 Section 13]
  • Copyright in a broadcast or cable program expires at the end of the period of 50 years from the end of the calendar year in which the broadcast or cable program was first transmitted.[1994-2010 Section 14]

CurrencyEdit

X mark.svg Not OK Banknotes and coins are not exempted from copyright, and are assumed to be treated normally as works produced by government employees. According to the Copyright and Performance Rights Act 1994, the copyright on works made by government employees is held by the government, and the expiration of the protection is 50 years after the first publication of the work.[1994-2010 Section 12(2)]

Freedom of panoramaEdit

X mark.svg Not OK According to Copyright and Performance Rights Act, 1994 sections 2, 8 and 17, "works of architecture" may be objects of copyright. Section 21 of the law provides an exception for "incidental inclusion" but no freedom of panorama.

CitationsEdit

  1. a b Zambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994). Zambia (2018). Retrieved on 2018-11-04.
  3. Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010). Zambia. Retrieved on 2018-11-04.
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COM:Zimbabwe

Zimbabwe

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

BackgroundEdit

The British South Africa Company demarcated the present territory during the 1890s. It became the self-governing British colony of Southern Rhodesia in 1923. In 1965 the white minority government unilaterally declared independence as Rhodesia. After a lengthy guerrilla war the state gained sovereignty as Zimbabwe in April 1980.

Zimbabwe has been a member of the Berne Convention since 18 April 1980 and the {wp-World Trade Organization|World Trade Organization}} since 5 March 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2004 "Copyright and Neighbouring Rights Act (Chapter 26:05)" as the main IP law enacted by the legislature of Zimbabwe.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Copyright and Neighboring Rights Act, enacted 2004,

  • An audiovisual work, collective work, photograph or computer program is protected for 50 years from the end of the year in which the work is lawfully made available to the public or, failing such an event within 50 years from the making of the work, 50 years from the end of the year in which the work is made.[Cap.26:05/2004 Section 15.1a]
  • A sound recording is protected for 50 years from the end of the year in which the recording is first published.[Cap.26:05/2004 Section 15.1b]
  • A broadcast is protected for 50 years from the end of the year in which the broadcast first takes place.[Cap.26:05/2004 Section 15.1c]
  • A published edition is protected for 50 years from the end of the year in which the edition is first published.[Cap.26:05/2004 Section 15.1ea]
  • Any other literary, musical or artistic work is protected for the life of the author and 50 years from the end of the year in which the author dies.[Cap.26:05/2004 Section 15.1f]
  • Copyright conferred on the State or an international organisation subsist­s
    • For an audiovisual work, photograph, sound recording, broadcast or published edition, for the period specified above.[Cap.26:05/2004 Section 15.2a]
    • For any other literary, musical or artistic work, for 50 years from the end of the year in which the work was first published.[Cap.26:05/2004 Section 15.2b]
  • The copyright in an anonymous or pseudonymous literary work, other than a government work, subsists for 50 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, whichever period is the shorter.[Cap.26:05/2004 Section 15.3]
  • With a work of joint authorship, references to the death of an author refer to the author who dies last.[Cap.26:05/2004 Section 15.4]

A Zimbabwean work that is in the public domain in Zimbabwe according to this rule is in the public domain in the U.S. only if it was in the public domain in Zimbabwe in 1996, e.g. if it was published before 1946 and no copyright was registered in the U.S. This is the effect of the Uruguay Round Agreements Act (17 USC 104A) with its critical date of January 1, 1996.

Folklore: not freeEdit

"Work of folklore" means a lilerary, musical or artistic work, whether or not it is recorded, of which no person can claim to be the author; and the form or content is embodied in the traditions peculiar to one or more communities in Zimbabwe; and includes­ folk tales, folk poetry and traditional riddles; folk songs and instrumental folk music; folk dances, plays and artistic forms of ritual; productions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalwork, jewellery, baskets and costumes.[Cap.26:05/2004 Section 80] The Minister may grant a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that thing has been reserved to the President.[Cap.26:05/2004 Section 85(1)] A licence granted under subsection (1) may require the licensee to pay a fee for doing anything under the licence.[Cap.26:05/2004 Section 85(2)]

Copyright tagsEdit

  • {{PD-Zimbabwe}} – photographs 50 years starting from the end of publication year, other works 50 years starting from the end of the year, in which the author died.

See alsoEdit

CitationsEdit

  1. a b Zimbabwe Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Copyright and Neighbouring Rights Act (Chapter 26:05). Zimbabwe (2004). Retrieved on 2018-11-03.
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