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Commons:Urheberrechtsregeln nach Gebiet/Konsolidierte Liste Ostasien

This page is a translated version of a page Commons:Copyright rules by territory/Consolidated list Eastern Asia and the translation is 67% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Consolidated list Eastern Asia and have to be approved by a translation administrator.

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VTE Urheberrechtsregeln nach Gebiet
Geographische Subregionen gemäß den Vereinten Nationen
Geographische Subregionen gemäß den Vereinten Nationen
Afrika
Amerika
Asien
Europa
Ozeanien
Andere

This page gives overviews of copyright rules in different countries of Eastern Asia, as defined in the United Nations geoscheme for Asia. It is "transcluded" from individual pages giving the rules for each country. The list may be used for comparison or maintenance.

Contents

Text transcluded from
COM:China

China

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

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

Hintergrund

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

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

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

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

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

Allgemeines

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

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

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

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

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

Nicht geschützt

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

Lizenzvorlagen

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

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

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

Währung

X mark.svg Nicht OK. The use of Renminbi designs is subject to approval. According to the Measures for the Administration of the Use of Renminbi Designs (人民币图样使用管理办法):

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

Panoramafreiheit

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

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

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

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

Regulations and court decisions regarding to freedom of panorama:

The following examples are Symbol OK.svgOK:

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

Schöpfungshöhe

The following example is Symbol OK.svgOK:

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

The following examples are X mark.svg Not OK:

are copyrighted (Copyright Law of the PR China: "Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law." ; "Article 3 'Works' mentioned in this Law shall include [...] in the following forms: (4) works of fine art and architecture" ; Regulations for the Implementation: "Article 4 (8) 'works of fine arts' means [...] such as paintings, works of calligraphy and sculptures;")
  • Handwriting: a hand-written manuscript was deemed copyrightable as work of art, according to a decision made by Nanjing Intermediate People's Court (source).
  • "LY" company logo (archived from the original), although arguably relatively simple, has been ruled copyrightable by Trademark Appeal Board of the State Administration of Industry & Commerce, Beijing Intellectual Property Court, and Beijing Municipal High People's Court.
  • Typefaces of characters "笑", "喜", and "城市宝贝" in these two logos are copyrightable, ruled Nanjing Intermediate People's Court. However the character "巴" in the same logo was decided not copyrightable for lacking originality in the same decision. (source, court decision full text: [15][16])
  • Gang Heng logo: China's Supreme People's Court ruled this logo to be protected by copyright (news article, archived from original).

Siehe auch

Zitate

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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Hong Kong

Hongkong

Andere region, z. abhängigkeit, vereinigung, ehemaliges land

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

Geltende gesetzliche Bestimmungen

Hong Kong became a British colony in 1842. It was transferred back to China on 1 July 1997 as a special administrative region, with a separate system of government and legal system from mainland China.

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

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016) as the main copyright law enacted by the legislature of Hong Kong.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Hong Hong eLegislation site also holds English and Traditional Chinese versions.[3][4]

Allgemeines

According to the Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016),

  • Copyright in a literary, dramatic, musical or artistic work generally expires at the end of the period of 50 years from the end of the calendar year in which the author dies.[528/2016 Section 17(2)]
  • If the work is of unknown authorship, copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was first made; or if during that period the work is made available to the public, at the end of the period of 50 years from the end of the calendar year in which it is first so made available.[528/2016 Section 17(3)]
  • If the work is computer-generated copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[528/2016 Section 17(6)]
  • With a work of joint authorship, the term is calculated from the year of death of the last surviving known author.[528/2016 Section 17(7)]
  • The above does not apply to Government copyright or Legislative Council copyright (see sections 182 to 184) or to copyright which subsists by virtue of section 188 (copyright of certain international organizations).[528/2016 Section 17(8)]
  • Copyright in a 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 if during that period it is released, 50 years from the end of the calendar year in which it is released.[528/2016 Section 18(2)]
  • Copyright in a film expires at the end of the period of 50 years from the end of the calendar year in which the death occurs of the last to die of the following persons (a) the principal director; (b) the author of the screenplay; (c) the author of the dialogue; or (d) the composer of music specially created for and used in the film.[528/2016 Section 19(2)]

Government copyright

According to the Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016),

  • Where a work is made by an officer of the Government in the course of his duties the work qualifies for copyright protection and the Government is the first owner of any copyright in the work.[528/2016 Section 182(1)]
  • Government copyright in a work continues to subsist (a) until the end of the period of 125 years from the end of the calendar year in which the work was made; or (b) if the work is published commercially before the end of the period of 75 years from the end of the calendar year in which it was made, until the end of the period of 50 years from the end of the calendar year in which it was first so published.[528/2016 Section 182(3)]

Legislative Council copyright

According to the Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016),

  • Where a work is made by or under the direction or control of the Legislative Council the work qualifies for copyright protection and the Legislative Council is the first owner of any copyright in the work.[528/2016 Section 184(1)]
  • Legislative Council copyright in a literary, dramatic, musical or artistic work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the work was made.[528/2016 Section 184(3)]
  • For the purposes of this section, works made by or under the direction or control of the Legislative Council include (a) any work made by an officer or employee of the Legislative Council in the course of his duties; and (b) any sound recording, film, live broadcast or live cable programme of the proceedings of the Legislative Council. However, a work is not regarded as made by or under the direction or control of the Legislative Council by reason only of its being commissioned by or on behalf of the Legislative Council.[528/2016 Section 184(4)]

Lizenzvorlagen

Währung

X mark.svg Nicht OK section 103(1) of the Crimes Ordinance (Chapter 200) of the Laws of Hong Kong stipulates that reproduction of currency notes without prior permission of the Monetary Authority is an offense, and individuals may be liable for imprisonment for 6 months and a fine of $20,000.

It is worth to note that any approved reproduction under section 103 does not permit further subsequent copies or reproductions to be made for other usage ends without the written consent of the Monetary Authority. Therefore, applications for reproduction of Hong Kong currency note images for further copying or reproduction by a third party will generally not be approved. This implies that digital reproductions (which by nature permit further reproductions) are unlikely to be approved by the Authority, and so are not legally appropriate for Commons.

Panoramafreiheit

Symbol OK.svgOK for 3D works, not always for 2D {{FoP-Hong Kong}}

According to Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016), it is not a copyright infringement to make graphic representations, take photographs, or broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship, if the object is permanently situated in a public place or in premises open to the public.[528/2016 Section 71]

Because Hong Kong was a territory of the United Kingdom until 1997, Hong Kong law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.

Similar to the UK law, 'works of artistic craftsmanship' is defined separately from 'graphic work'. The latter includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work. Therefore freedom given in Sect 71 does not apply to posters or maps in public places.

Schöpfungshöhe

X mark.svg Nicht OK für die meisten Logos. Die Schöpfungshöhe, die für einen Urheberrechtsschutz erforderlich ist, scheint sehr niedrig zu sein.

Because Hong Kong was a territory of the United Kingdom until 1997, Hong Kong law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.

Siehe auch

Zitate

  1. a b Hong Kong, China Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Ordinance (Chapter 528) (consolidated version of May 27, 2016). Hong Kong (2016). Retrieved on 2018-11-08.
  3. Cap 528 Sect 71, Copyright Ordinance
  4. in traditional Chinese
  5. Fact sheets. Government of Hong Kong. Retrieved on 2019-03-24.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Japan

Japan

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

Geltende gesetzliche Bestimmungen

Japan has been a member of the Berne Convention since 15 July 1899, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) as the main IP law enacted by the legislature of Japan.[1] WIPO holds the text of this law in their WIPO Lex database.[2] In December 2018, the Agency for Cultural Affairs announced that the copyright term has been extended from 50 years to 70 years after the author's death, complying with the agreement of the Trans-Pacific Partnership.[3] This doesn't affect the work that has already been in public domain before 30 December 2018.

Dauer

Under the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 30 of May 25, 2018),

  • Copyright subsists for the life of the author plus 70 years.[35/1970-2018 Art. 51]
  • If the work is anonymous or pseudonymous, the copyright lasts for 70 years after the publication or the death of the author, whichever is the earlier.[35/1970-2018 Art. 52]
  • Cooperative works: 70 years from first publication (or creation if unpublished).[35/1970-2018 Art. 53]
  • The copyright of a work in the name of an organization expires 70 years after publication, or 70 years after the creation if the work is not published within 70 years after creation.[1899-1931 Art. 53]
  • The preceding provision shall not apply when the author registers the work to the copyright office while the protection period specified in the preceding provision.[1899-1931 Art. 53.2]
  • For audio recordings, the term is 70 years after publication. See {{PD-Japan-audio}} for details.
  • The copyright period has been extended from 50 years to 70 years in 2018. Works whose copyright has expired before the effective date are not affected.
  • Since June 18, 2003, cinematographic works are exceptionally protected for 70 years, instead of 50 years, after the publication, or 70 years after the creation if the film is not published within 70 years of the creation.[1899-1931 Art. 54]
    • 38 years after the creator's death if it was published as his work before 1971.[1899-1931 Art. 22-3][1899-1969 Art. 3][4]
    • All films produced in Japan prior to 1953 and directed by a person who died more than 38 years ago are in the public domain. See template {{PD-Japan-film}} for details.
  • Photographs: 10 years from first publication (or creation if unpublished) before 1957.[1899-1931 Art. 23]
  • Copyright protection for photographs published on or before December 31, 1956 has been ended, whether the author is alive or not.
  • The term of protection for works from 1970 or before is the longer of the term under the old Copyright Act and that under the current Copyright Act. This provision especially affects the copyright status of cinematographic works.
  • There is an extension for Axis powers in WWII, which is essentially 11 years added to the copyright protection length.
  • If the work was also published in the U.S. within 30 days (or it was first published in the United States), it was also protected under U.S. law but not affected by the URAA restoration. See Commons:PD files and Commons:Hirtle chart/de.

Nicht geschützt

Under the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) the following are not eligible for copyright.[35/1970-2014 Art. 13]

  1. the Constitution and other laws and regulations;
  2. public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies ... or local incorporated administrative agencies ...;
  3. judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature;
  4. translations and compilations prepared by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.

Terms

Individual works

Date of author's death Date of publication Copyright tag
– December 31, 1945 – December 31, 1923 {{PD-Japan}} + {{PD-old-auto-1923}}
{{PD-Japan}}{{PD-old-auto-1923|deathyear=death year}}
– December 31, 1945 January 1, 1924 – December 31, 1957
January 1, 1971 –
{{PD-Japan}} + {{PD-old-auto-1996}}
{{PD-Japan}}{{PD-old-auto-1996|country=Japan|deathyear=death year}}
– December 31, 1945 January 1, 1958 – December 31, 1970 {{PD-Japan}} + {{Not-PD-US-URAA}}The work was still in copyright in Japan on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 38 years from its publication before 1971.[1899 Art. 4][1969 Art. 52-1]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
January 1, 1946 – December 31, 1967 – December 31, 1923 {{PD-Japan}} + {{PD-old-auto-1923}}
{{PD-Japan}}{{PD-old-auto-1923|deathyear=death year}}
January 1, 1924 – {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.

Anonymous or Pseudonymous works

If the author of the work is unveiled during its copyright term, it is protected as an individual work. e.g. Osamu Tezuka (手塚 治, died in 1989) and his pen name "手塚 治虫" are well-known among people, so his works will be protected in Japan until 2059.

Date of publication Copyright tag
– December 31, 1923 {{PD-Japan}} + {{PD-anon-1923}}
{{PD-Japan}}{{PD-anon-1923}}
January 1, 1924 – December 31, 1945 {{PD-Japan}} + {{PD-anon-auto-1996}}
{{PD-Japan}}{{PD-anon-auto-1996|country=Japan|publication=year}}
January 1, 1946 – December 31, 1967 {{PD-Japan}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.

Cooperative works

Date of publication Copyright tag
– December 31, 1923 {{PD-Japan-organization}} + {{PD-1923}}
{{PD-Japan-organization}}{{PD-1923}}
January 1, 1924 – December 31, 1945 {{PD-Japan-organization}} + {{PD-1996}}
{{PD-Japan-organization}}{{PD-1996|country=Japan}}
January 1, 1946 – December 31, 1967 {{PD-Japan-organization}} + {{Not-PD-US-URAA}}[note 1]
{{PD-Japan-organization}}{{Not-PD-US-URAA|country=Japan}}
Others The work is still protected under Japan law.

Old photographs

Date of creation Date of publication Copyright tag
– December 31, 1946 Any date {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1947 – December 31, 1956 – December 31, 1956[5] {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1957 – (within 10 years) Judged under 1970 Copyright law. (as an individual work or pseudonymous work)
Not published within 10 years from creation {{PD-Japan-oldphoto}}
{{PD-Japan-oldphoto}}
January 1, 1957 – Any date Judged under 1970 Copyright law. (as an individual work or pseudonymous work)

Ausnahmen

  • For some government works, {{PD-Japan-exempt}}
  • For pre-1953 films directed by a person who died more than 38 years ago. This may not exclude the company's work. e.g. In 2006, Roy Export Company Establishment sued a Japanese company that was copying Sunnyside (1919) and other pre-1953 films directed by Charlie Chaplin. Tokyo distinct court judged that Chaplin held their copyright. They have been protected until 2015 (38 years after his death, according to the older copyright law) or 70 years after their publication, plus more additional period by the wartime prolongation.[6]
  • {{PD-Japan-film}} + choose from {{PD-1923}}, {{PD-1996}} (–1945) or {{Not-PD-US-URAA}} (1946–1953)
  • For other films, No one expires copyright yet. (earliest 2025)
  • FoP (photographs of an architectural work) {{FoP-Japan}} + free license tag for the image
  • FoP (photographs of the copyrighted artwork or sculpture located in a public space) {{NoFoP-Japan}} (Not accepted on Commons)[7]

Lizenzvorlagen

  • {{PD-Japan-oldphoto}} – for Japanese photos published before 31 December 1956, or photographed before 1946 and not published for 10 years.
  • {{PD-Japan}} – for Japanese non-photographic works 70 years after the death of the creator (there being multiple creators, the creator who dies last).
  • {{PD-Japan-film}} – for films produced in Japan prior to 1953
  • {{PD-Japan-organization}} – for images of the works in names of organizations/companies/corporations 70 years after the publication
  • {{PD-Japan-exempt}} – for works exempt from copyright in Japan
  • {{GJSTU1}} - For information made available on government websites under the Government of Japan Standard Terms of Use (Version 1.0).

Non-copyright tags:

  • {{FoP-Japan}} may be added to a picture that includes architectural works, which are allowed under the "freedom of panorama" rule, but other tags should be given to show the picture's copyright status in Japan and the United States.
  • {{AerialPhotograph-mlitJP}} – The copyright holder, the Ministry of Land, Infrastructure, Transport and Tourism of Japan, allows anyone to use th image for any purpose, provided that the copyright holder is properly attributed.

Währung

✓OK The designs of the Japanese banknotes are published as state-issued 'Notifications' which exempt them from copyright protection under Copyright Law of Japan.[8]{{PD-Japan-exempt}} applies to them. [9]

De minimis

Copyright Act Article 30-2, amended in 2012, states:

  • Article 30-2: When creating a copyrighted work of photography, sound recording or video recording, other copyrighted items that are incidental subjects of the work because they are hard to be separated from the item that is a subject of the work may be copied or translated along the work being created (only if they are minor components of the work being created). However, if, considering the kinds of the incidentally included works and the manner of the copying or translation, it unfairly is prejudicial to the interest of the copyright holders of the incidentally included works, they may not.[10]

Panoramafreiheit

  • for artistic works: X mark.svg Nicht OK {{NoFoP-Japan}} except in cases governed by Article 46.
  • for buildings only: Symbol OK.svgOK {{FoP-Japan}}

The Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014), allows the reproduction of artistic works located permanently in open places accessible to the public, such as streets and parks, or at places easily seen by the public, such as the outer walls of buildings, only for non-commercial purposes. Therefore, such photographs are not free enough for Commons.

Architectural works (i.e., buildings) located in such places may be photographed and the photos may be reproduced for any purposes, which contains the "non-commercial" restriction, and applies only to "artistic works".[1899-1931 Art. 46(iv)] Some buildings like the Tower of the Sun can be regarded as artistic works per discussion.

Note: According to Japanese copyright law, Japan has a copyright lifetime of 70 years after the death of the author (ie. creator/designer) or following "the death of the last surviving co-author in the case of a joint work." Henceforth, the author's works shall become copyright free and enter the public domain.[1899-1931 Art. 51]

Briefmarken

Copyrighted Stamps more than 70 years old or published before 1 January 1968 are in the public domain, per {{PD-Japan}}.

Schöpfungshöhe

Logos in the gallery below are Symbol OK.svgOK to upload. Article 2 of Japanese copyright law defines that a work is eligible for copyright when it is a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain.[11]

Japanese courts have decided that to be copyrightable, a text logo needs to have artistic appearance that is worth artistic appreciation. Logos composed merely of geometric shapes and texts are also not copyrightable in general.

Asahi logo.svg (DR) Letters are a means of communication, shared by anyone. Copyright protection of fonts is limited only to those that raise artistic appreciation as much as artistic works do.[12]
Cup Noodles.jpg (DR) Although the shape is stylized, the text is in a normal arrangement and keeps its function of being read as a sequence of letters.[13]
Olympic flag.svg The Court is negative towards recognizing the symbol as a copyrightable work of fine arts, because it is considered merely relatively simple graphic elements.[14]
  • Furby toy: utilitarian, so not protected by copyright as an artistic work. Not utilitarian in the United States, so photos of the toy can't be uploaded to Commons.[15]

Siehe auch

Anmerkungen

  1. a b c The work may be protected by copyright under U.S. law. because its copyright in the U.S. was restored by the URAA. However, the current policy on Commons is to accept it. This policy may change in the future, depending on the outcome of community discussions. Also, it may be deleted if Commons receive a valid takedown notice.

Zitate

  1. a b Japan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2019-01-22.
  2. Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014). Japan (2014). Retrieved on 2018-11-08.
  3. 平成30年12月30日施行 環太平洋パートナーシップに関する包括的及び先進的な協定(TPP11協定)の発効に伴う著作権法改正の施行について. Agency for Cultural Affairs.
  4. Copyright Act 1970, Supplementary Provision Act No. 85 of June 18, 2003
  5. Copyright Act 1899 (revised in 1969), Art. 52–3
  6. >2006 Wa 15552 : The case of the claim for suspension of copyright violation. Court precedent : Search results (in Japanese) (PDF). Court of Japan. Tokyo District Court Civil Division 29 (2007-08-29). Retrieved on 2016-12-30.
  7. w:ja:Wikipedia:屋外美術を被写体とする写真の利用方針 (Criteria for using a photograph of the artwork located in a public space) at Japanese Wikipedia
  8. 日本のお金 近代通貨ハンドブック 大蔵省印刷局編 (Japan's Money Modern Currency Handbook Ministry of Finance Printing Bureau) 119 (1994).
  9. Ministry of Finance Notification No. 76, 1984: Specifications of the Bank of Japan Notes scheduled to be introduced on November 1, 1984 - 10,000, 5,000 and 1,000 yen note.
  10. いわゆる「写り込み」等に係る規定の整備について. Agency for Cultural Affairs.
  11. [1][2]
  12. Tokyo High Court 平成6(ネ)1470 [3]
  13. Tokyo High Court 昭和55(行ケ)30, Supreme Court 昭和55(行ツ)75) [4]
  14. (Tokyo District Court 昭39(ヨ)第5594 [5]
  15. Sendai High Court ruling
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Macau

Macau

Andere region, z. abhängigkeit, vereinigung, ehemaliges land

<translate> Macao</translate>

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

Background

In 1887 Portugal gained rights to Macao, which was returned to China as a special administrative region in 1999. Macao remains under a separate political and economic system from the rest of China until 2049.

Macao has belonged to the World Trade Organization since 31 December 1994.</translate>[1] <translate>

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012) as the main IP law enacted by the legislature of Macao.[1] WIPO holds the text of this law in their WIPO Lex database.</translate>[2] <translate>

General

According to Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012),

  • Generally, copyright shall lapse 50 years after the death of the creator of the work, even in the case of works disclosed or published posthumously.[43/99/M/2012 Article 21]
  • The time-limits for the expiry of copyright will only start to run from the first day of the year following that in which the determining event occurs.[43/99/M/2012 Article 21]

</translate> <translate>

  • Copyright in a collaborative work expires 50 years after the date of the death of the co-author who died last.[43/99/M/2012 Article 22.1]
  • Copyright in a collective work or work made for a legal entity shall lapse, unless otherwise provided, 50 years after the first disclosure or publication.[43/99/M/2012 Article 22.3]

</translate> <translate>

  • The duration of copyright for individual contributions to collaborative and collective works, where the personal contributions can be discriminated, is 50 years after the death of the creator of the contribution.[43/99/M/2012 Article 22.4]
  • Copyright in an anonymous work, or work published or published without revealing the identity of the author, expires 50 years after disclosure or publication.[43/99/M/2012 Article 23.1]

</translate> <translate>

  • Copyright in an audiovisual work lapses 50 years after its disclosure.[43/99/M/2012 Article 106]
  • Copyright in works of applied art lapse 25 years after the completion of the work.[43/99/M/2012 Article 148]
  • The rights of performers lapse 50 years after the end of the year in which the phonogram or videogram was made.[43/99/M/2012 Article 182]

</translate> <translate>

  • The rights of producers of phonograms and videograms lapse 50 years after fixation.[43/99/M/2012 Article 188]
  • The rights of broadcasting organizations lapse 20 years after the broadcast.[43/99/M/2012 Article 192]
  • Non-Macanese works are copyrightable in Macao for the Macanese copyright duration or the home country or area, whichever is less, i.e. the rule of the shorter term applies in Macao.[43/99/M/2012 Article 51ff]

Not protected

According to Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012), the following are not subject to protection: a) The news of the day and the reports of various events for the sake of simple information, in any case disclosed; (b) applications, claims, complaints and other documents submitted in writing or orally before public authorities or services; c) The texts presented and the speeches delivered to assemblies or other bodies collegiate, political and administrative matters, or in public debates on matters of common interest; d) Political speeches.[43/99/M/2012 Article 5.1]

Official works do not enjoy protection. Official texts, among others, are the texts of conventions, laws, regulations and reports or decisions of any authorities, as well as their translations.[43/99/M/2012 Article 6]

Copyright tags

</translate><translate>

</translate> <translate>

  • {{PD-MacaoGov-text}} – text is in the public domain because official texts shall not benefit from protection.

</translate> <translate>

  • {{PD-MO}} – for works 50 years after the author's death or 50 years after creation if authorship unknown.

</translate> <translate>

  • {{PD-MO-old-art}} – copyright in works of applied art shall lapse 25 years after the completion of the work.

</translate> <translate>

</translate> <translate>

</translate> <translate>

  • {{PD-MO-old-media}} – rights of producers of phonograms and videograms shall lapse 50 years after fixation.

</translate> <translate>

  • {{PD-MO-old-photo}} – copyright in photographic works shall lapse 25 years after their completion.

Currency

</translate><translate> X mark.svg Nicht OK. Currency is copyrighted and reproduction requires approval from the Monetary Authority of Macao.

"In accordance with article 14.2 of the Decree-Law No. 7/95/M of January 30, requests for reproduction of banknotes for educational and promotional purposes with justifiable reasons could be approved by the Government. In practice, such requests should be made to the Monetary Authority of Macao (AMCM)."[3]

Freedom of panorama

</translate>

<translate> Symbol OK.svgOK {{FoP-Macao}}

  • It is legal, without the consent of the author ... To make copies by photography, videography, cinematography or other analogous means, of works of art placed in public places.[43/99/M/2012 Article 61(l)]
  • However, the free use of a protected work must not prevent its normal economic exploitation nor unjustifiably prejudice the legitimate interests of the author.[43/99/M/2012 Article 62(l)]
  • The reproductions allowed under article 61 should not be confused with the original works by those who use them, and the reproduction or citation cannot be so extensive as to detract from the interest in those works.[43/99/M/2012 Article 62(3)]

Citations

</translate>

  1. a b Macao, China Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012). Macao (2012). Retrieved on 2018-11-08.
  3. Monetary Authority of Macao (2016) Reproduction of banknotes of Macao for educational and promotional purposes[6]
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Manchukuo

Mandschukuo

Andere region, z. abhängigkeit, vereinigung, ehemaliges land

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

Hintergrund

Manchukuo was founded in 1932 after Japanese troops occupied Northeast China and dissolved by the Soviet Union in 1945. China has always claimed Northeast China without recognizing Manchukuo.

Copyright tags

  • {{PD-Manchukuo-stamps}} – for stamps issued by the government of Manchukuo, which are now in the public domain in China.

Briefmarken

Public domain verwende {{PD-Manchukuo-stamps}}.

As China has always claimed Northeast China without recognizing Manchukuo, any copyright of Manchukuo stamps would have expired no later on 1 January 1996. China limits corporate copyright to 50 years since publication, and it is no longer known who designed the stamps.

Siehe auch

Zitate

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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Mongolia

Mongolei

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

Hintergrund

The Qing dynasty of China absorbed Mongolia in the 17th century. After the collapse of the Qing dynasty in 1911, Mongolia declared independence, and achieved actual independence from the Republic of China in 1921. The Mongolian People's Republic was founded in 1924.

Mongolia has been a member of the World Trade Organization since 29 January 1997, the Berne Convention since 12 March 1998 and the WIPO Copyright Treaty since 25 October 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006) as the main copyright law enacted by the legislature of Mongolia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Allgemeine Regeln

Under the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006),

  • The term of copyright protection in respect of a particular work shall begin from the day of its creation.[2006 Article 13.6]
  • A author shall enjoy the exclusive rights for his/her lifetime and 50 years after his/her death.[2006 Article 13.2]
  • In the case of pseudonymous or anonymous works, the exclusive rights of an author in copyrighted works shall begin from 1 January of the year following the year the first publication of a work and be valid for 75 years.[2006 Article 13.4]
  • In case of the co-authorship, the copyright shall be protected for the lifetime of the authors and for a period of 50 years from 1 January of the year following the death of the last surviving author.[2006 Article 13.6]

Nicht geschützt

The following works shall not be protected by copyright: texts of laws and other legal acts; administrative decisions and official documents of legal entities and organizations; court decisions, resolutions, judge’s decrees, other documents and speeches delivered during court hearings; translation of the above documents; coats of arms, banners, flags, awards, orders and medals; any news or information with facts and figures for the purpose of reporting the current events and results thereof; works of folklore and national traditions; any ideas, methods, procedures, scientific discoveries and mathematical concepts.[2006 Article 8]

Lizenzvorlagen

  • {{PD-Mongolia}} – applies to works first published in Mongolia: Photos and applied art 25 years after publication, starting from the end of the publication year. Other works 50 years after the author's death. Anonymous and pseudonymous works and works created by legal persons 75 years after publication. Any photographic images or other applied art created before 1972 (PD in Mongolia before 1997) are in the public domain in both Mongolia and the USA.
  • {{PD MN-exempt}} – exempt from copyright are the following works: legislation and other legal documents; court decisions, official documents; speech made at court and political meetings; translations of any of the above; news; ideas, procedures, methods of operation, or mathematical concepts.[2006 Article 8]

Währung

X mark.svg Nicht OK: Banknotes are copyrighted, as they do not fall within one of the copyright exemptions in Article 8 of the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006).[2006 Article 8]

Panoramafreiheit

X mark.svg Nicht OK Under the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006),

  • It is allowed to publish works of architecture, fine arts and photography located in public places in order to show the surrounding areas of events while reporting the events to the public.[2006 Article 24.1.6]
  • But the following conditions shall be considered in determining the circumstances provided in Section 24.1 of this law: To have a non-profit purpose; The extent of use and the importance of the used parts; The value of the work and the effect of the used part on the market.[2006 Article 24.2]

Siehe auch

Zitate

  1. a b Mongolia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006). Mongolia (2006). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:North Korea

Nordkorea

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

Hintergrund

Korea was annexed by Imperial Japan in 1910. After World War II ended in 1945, Korea was divided into two zones, with the north occupied by the Soviet Union and the south occupied by the United States. In 1948, separate governments were formed in North Korea and South Korea.

North Korea has been a member of the Berne Convention since 28 April 2003.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright Law of the Democratic People's Republic of Korea (as amended by Decree No. 1532 of February 1, 2006, of the Presidium of the Supreme People's Assembly) as the main IP law enacted by the legislature of North Korea.[1] WIPO holds an English language version of the text of this law in their WIPO Lex database.[2] A Korean language version is held on WikiSource.[3] Korea.gnu.org holds the Korean language version of the 2001 Copyright Law.[4]

Allgemeine Regeln

Under the Copyright Law of the Democratic People's Republic of Korea (as amended by Decree No. 1532 of February 1, 2006),

  • The property right to a copyrighted work shall be protected from the moment of its publication to the 50th year after the death of its author. The property right to a joint copyrighted work shall be protected from the moment of its publication to the 50th year after the death of the last survivor of the co-authors.[1532/2006 Article 23]
  • The property right to a copyrighted work or a copyrighted visual art work whose author is an institution, enterprise or organization shall be protected for up to 50 years from the moment of its publication.[1532/2006 Article 24]
  • The term of copyright protection shall be calculated from 1 of January of the year following the publication of the work or the death of its author.[1532/2006 Article 25]

Nicht geschützt

  • Documents for state management, current news or information data shall not be the object of copyright unless commercial purpose is pursued.[1532/2006 Article 12]
  • A "work whose publication, issuance, performance, broadcasting, show and exhibition is prohibited" is not protected by copyright.[1532/2006 Article 6]

Copyright tags

Panoramafreiheit

Symbol OK.svgOK: {{FoP-North Korea}}

Under the Copyright Law of the Democratic People's Republic of Korea (as amended by Decree No. 1532 of February 1, 2006), A copyrighted work may be used without the permission ... when a copyrighted work in public places is copied.[1532/2006 Article 32.8]

Briefmarken

Copyrighted. According to North Korean copyright law as of 2006, "the property rights to a copyrighted work or a copyrighted visual art work whose author is an institution, enterprise or organization shall be protected for up to 50 years from the moment of its publication."[1532/2006 Article 24]

If published before 1 January 1969 use {{PD-DPRKOld}}

Siehe auch

Zitate

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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:South Korea

Südkorea

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

Hintergrund

Korea was annexed by Imperial Japan in 1910. After World War II ended in 1945, Korea was divided into two zones, with the north occupied by the Soviet Union and the south occupied by the United States. In 1948, separate governments were formed in North Korea and South Korea.

South Korea has been a member of the Universal Copyright Convention since 1 October 1987, the World Trade Organization since 1 January 1995, the Berne Convention since 21 August 1996 and the WIPO Copyright Treaty since 24 June 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017) as the main copyright law enacted by the legislature of South Korea.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Types of protected work

Examples of protected works include:[432/1957–2017 Article 4]

  • Fiction, poetry, articles, lectures, speeches and other literary works
  • Musical works
  • Pantomime, theater, dance and other theatrical works
  • Calligraphy, painting, sculpture, prints, crafts, applied arts and other art works
  • Models, design plans and other works used for building and construction
  • Photographs
  • Cinematographic works
  • Maps, charts, plans, directions, models and other forms of work
  • Computer programs

Allgemeine Regeln

Under the Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017),

  • An author's property rights survive 70 years after the author has died, except where otherwise specified.[432/1957–2017 Article 39]
  • Property rights in a joint work survive 70 years after the death of the last surviving author.[432/1957–2017 Article 39]
  • An anonymous or pseudonymous work is protected 70 years from publication unless the author becomes know during this period, in which case protection lasts as in Article 39.[432/1957–2017 Article 40]
  • A work created during employment is protected for 70 years from the time of publication. However, if it is not published within 50 years from creation it is protected for 70 years from creation.[432/1957–2017 Article 41]
  • An audiovisual work is protected for 70 years from publication. However, if it is not published within 50 years from creation it is protected for 70 years from creation.[432/1957–2017 Article 42]
  • The term of protection lasts until end of the year of the author's death, or year of creation or publication as applicable.[432/1957–2017 Article 44]
  • Neighboring rights are protected for 70 years from performance, recording or broadcast, as applicable.[432/1957–2017 Article 86] Note that, for musical recordings, the underlying musical work will also need to be out of copyright.

Pre-1963 deaths, organization works

Copyright protection durations were 30 years before 1957 and 50 years before July 2013. This applies to copyrighted works of which authors died before 1 January 1963, or which were made public in the name of an organization before 1 January 1963.

Furthermore, with the exceptions of photographs reproducing otherwise copyrighted works of art, and photographs inserted into a work of study or art and produced only for the purpose of inclusion within said work, photographs or other works of a similar form to photography either published or produced in negative on or before 31 December 1976 are now in the public domain in the Republic of Korea as their term of copyright has expired there.

There are exceptional cases. Property rights are to belong to the state according to provisions of the Civil Law and other laws upon the death of a copyright owner without heir or, in the case of a legal person or organization, upon its dissolution. The product must also be in the public domain in the United States.

Status in den Vereinigten Staaten

For deciding if the work is out of copyright in the U.S., it's necessary to figure out whether the work was in copyright in 1996. If a work went out of copyright before the 1986 act extended copyright terms from 30 years to 50 years, it does not regain copyright. The act came into force in 1987, hence, works where all authors died before 1957 are out of copyright in both South Korea and the U.S.[3]

Lizenzvorlagen

Währung

Symbol OK.svgOK: The Bank of Korea owns copyright on all currency issued in South Korea since its establishment in 1950. The Bank of Korea allows anyone to reproduce and use the reproduction of its currency without requiring a permission but under certain restrictions, as explained in the Guidelines for the Reproduction of Bank of Korea Notes and Coins.[4]

For electronic reproductions the resolution of the image in its original size must not exceed 72dpi, and the word "SPECIMEN" or "보기" must be marked on either the obverse or the reverse of any part, excluding the portrait, of the reproduction and must be plainly distinguishable but inseparable from the reproduction. The size of the word “SPECIMEN” or “보기” must larger than the word “Bank of Korea” on the top center of the front side of the banknote, and must be in a non-transparent color that is clearly contrasted with the main color of the respective banknote. This also applies to partial reproductions.[4]

Please use {{South Korean currency}} for South Korean currency images that meet the requirement of Section 3.C (Intangible reproductions) of the currency reproduction guidelines.

Panoramafreiheit

X mark.svg Nicht OK, non-commercial only for artistic works. Under the Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017), Article 35,

(1) The holder of the original of a work of art, etc., or a person who has obtained the holder’s consent, may exhibit the work in its original form: Provided, That where the work of art is to be permanently exhibited on the street, in the park, on the outside of the wall of a building, or other place open to the public, the same shall not apply.
(2) Works of art, etc. exhibited at all times at an open place as referred to in the proviso to paragraph (1) may be reproduced by any means: Provided, That in any of the following cases, the same shall not apply:
1. Where a building is reproduced into another building;
2. Where a sculpture or painting is reproduced into another sculpture or painting;
3. Where the reproduction is made in order to exhibit permanently at an open place under the proviso to paragraph (1);
4. Where the reproduction is made for the purpose of selling its copies.
(3) A person who exhibits works of art, etc. pursuant to paragraph (1), or who intends to sell originals of works of art, etc., may reproduce and distribute them in a pamphlet for the purpose of explaining or introducing them.
(4) No portrait nor a similar photographic work produced by commission shall be used without the consent of the commissioner.

This permits any reproduction of works permanently installed in "open places", 35.(2).4 specifically states that the rule does not apply "where reproduction is made for the purpose of selling its copies." Reproduction is defined in Section 2.(22) as "...the fixation or the reproduction in a tangible medium by means of printing, photographing, copying, sound or visual recording, or other means." Selling reproduction of artistic works in public place is not allowed, for examples, selling postcard, calendar, collection of photos in which the artistic works have major part is not allowed.[5]

Briefmarken

Copyrighted According to Articles 39 to 44 of the Copyright Act of the Republic of Korea, copyrighted works enter the public domain 70 years after publication when made public in the name of an organization. Use {{PD-South Korea}} if published before 1 January 1963.

Threshold of originality

According to a machine translation of the Copyright Act as amended up to Act No. 14634 of March 21, 2017,

  • "Work" refers to a creation that expresses human thoughts or feelings.[432/1957–2017 Article 2.2]

Siehe auch

Zitate

  1. a b Republic of Korea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017). South Korea (2017). Retrieved on 2018-11-08.
  3. Yunjeong Choi () Development of Copyright Protection in Korea: its History, Inherent Limits, and Suggested Solutions, Brook. J. Int'l L. 28, pp. 643-673
  4. a b Guidelines for the For Reproduction of Bank of Korea Notes and Coins. Retrieved on 2019-01-27.
  5. Jin-won Choe, The Right of Exhibition and the Freedom of Panorama
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss
Text transcluded from
COM:Taiwan

Republik China

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

Hintergrund

The island of Taiwan was annexed by China in 1683, then ceded to Japan in 1895. The Republic of China (ROC) regained control in 1945 after Japan's defeat in World War II. In 1949 the government of the ROC fled to Taiwan from the mainland. In 1971 the ROC lost its seat in the United Nations to the mainland People's Republic of China (PRC).

Taiwan copyright laws are codified in the Copyright Act as amended on 30 November 2016, in effect in Taiwan, Penghu, Kinmen, and Matsu.[1][2] A list of changes to copyright laws from 1928 is available at b:Annotated Republic of China Laws/Copyright Act.

Allgemeines

According to the Copyright Act as amended on 30 November 2016,

  • Generally, economic rights endure for the life of the author and 50 years after the author's death.[2016 Art.30]
  • Where a work is first publicly released between the 40th and 50th years after the author's death, the economic rights shall endure for a term of 10 years beginning from the time of the first public release.[2016 Art.30]
  • Economic rights in a joint work subsist for 50 years after the death of the last surviving author.[2016 Art.31]
  • Economic rights in a pseudonymous work or an anonymous work endure for 50 years from the time of public release; provided, the economic rights shall be extinguished where it can be proven that the author has been deceased for over 50 years. These provisions do not apply when the pseudonym of the author is well known to the public.[2016 Art.32]
  • Economic rights in works authored by a legal entity endure for 50 years after the public release of the work; provided, if the work is not publicly released within 50 years from the completion of the creation, the economic rights shall subsist for 50 years after completion of the creation.[2016 Art.33]
  • Economic rights for photographic works, audiovisual works, sound recordings, and performances endure for 50 years after the public release of the work. The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.[2016 Art.34]
  • All the above terms of duration terminate as of the last day of the last year of the term.[2016 Art.35]

Nicht geschützt

According to the Copyright Act as amended on 30 November 2016, The following items shall not be the subject matter of copyright:[2016 Art.9]

1.The constitution, acts, regulations, or official documents.
2.Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
3.Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
4.Oral and literary works for news reports that are intended strictly to communicate facts.
5.Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.

The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties.[2016 Art.9]

Lizenzvorlagen

  • {{PD-Taiwan}} – for images in the public domain according to the Republic of China (Taiwan)
  • {{PD-China}} – for images in the public domain according to the People's Republic of China (mainland) and the Republic of China (Taiwan).
  • {{PD-China-film}} – for movies or images from movies published in the China more than 50 years ago according to Mainland China and Taiwan.
  • {{PD-ROC-exempt}} – for images in the public domain according to the Republic of China for free of copyright
  • {{PD-ROC-official}} – for the attachments of the laws of the Republic of China from the website of the Legislative Yuan law system
  • {{PD-ROC-Presidential Office Gazette}} – for the Presidential Office Gazette from 20 May 1948 to present by the Presidential Office of the Republic of China.[3]
  • {{PD-ROC-Traffic Signs}} – for Taiwanese traffic signs from the website of the Institute of Transportation of the Ministry of Transportation and Communications.[4]
  • {{PD-ROC-Traffic Markings}} – for Taiwanese traffic markings from the website of the Institute of Transportation of the Ministry of Transportation and Communications.[4]
  • {{OGDL}} – for data owned by the central government of Republic of China (Taiwan) and offered for use and re-use under the Open Government Data License.
  • {{GWOIA}} – for information obtained from the government websites of Taiwan that includes the Government Website Open Information Announcement.

See also Commons:Copyright rules by territory/China:Copyright tags for works before and after 1949.

Währung

X mark.svg Not OK As documented in the OTRS ticket:2014050810011876, all New Taiwan Dollar bank notes are protected by copyright under the Copyright Act of Taiwan. The copyright holder is the Central Bank of the Republic of China (Taiwan):

In response to the enquiry in your e-mail dated April 27, 2014, please be noted that the images of our national currency are strictly under the protection of the Copyright Act of Taiwan. That means all the pictures on the NTD banknotes are not allowed to be exhibited on any commercial websites without our permission in advance.

However, the Central Bank of the Republic of China is a governmental institution and its data is allowed to be used by the public. According to the CBC website: "In order to facilitate better utilization by the general public of the information on this website, all of the Central Bank of the Republic of China (Taiwan)(herein known as CBC)’s publicly posted information and materials that are protected under copyright provisions may be utilized by the public without cost in a non-exclusive, reauthorization-available manner. The users may, without restriction on time and place, reproduce, adapt, edit, publicly transmit, or utilize in other ways, and develop various products or services (herein known as derivations)."[5]

It is Pictogram-voting-question.svg unclear if this extends to images of national currency.

Panoramafreiheit

  • X mark.svg Nicht OK for indoor works and outdoor 2D artistic works
  • Symbol OK.svgOK for buildings, sculptures, and by extension other outdoor 3D works {{FoP-Taiwan}}
  • The "Copyright Act" (1992-2016-present) Article 58 states that:
Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
  1. Reproduction of a building by construction of another building.
  2. Reproduction of a work of sculpture by production of another sculpture.
  3. Reproduction for the purpose of long-term public display in locales specified in this article.
  4. Reproduction of artistic works solely for the purpose of selling copies.

Reproductions of artistic works are thus only for non-commercial purposes. Note that "reproduction" in this context means reproducing the work in its original form, thus photographs of buildings and outdoor sculptures are Symbol OK.svgOK.

Schöpfungshöhe

The level required for copyright is low. Independently created works with "minimal creativity" are eligible, according to Taiwan's Intellectual Property Office.[6]

The following examples are Symbol OK.svgOK:

  • These two artworks with traditional design elements are unprotected, according to court decisions that they do not meet the originality threshold for copyright protection:[7]
  • Simple typeface, such as the typeface of Sunshow company logo:

The following examples are X mark.svg Nicht OK:

  • Calligraphy works, such as the work "燒烤飯糰" on this photo, are copyright protected.[8]
  • The graphic part of Sunshow company's logo. The court ruled that the graphic part of the logo: two hands clasped together, one over the other, is copyrightable, but the typeface "SUNSHOW" is not.[9]

Siehe auch

Zitate

  1. Copyright Act. Taiwan (2016). Retrieved on 2018-11-08.
  2. 著作權法 (Copyright Act) (in Chinese). Taiwan (2016). Retrieved on 2018-11-08.
  3. Presidential Office Gazette. National Central Library. Retrieved on 2019-03-24.
  4. a b Institute of Transportation, MOTC. Retrieved on 2019-03-24.
  5. http://www.cbc.gov.tw/content.asp?mp=2&CuItem=40419 Central Bank of the Republic of China
  6. 著作權基本概念篇-1~10 (Basic Concepts of Copyright-1~10). Intellectual Property Office. Retrieved on 2019-01-27.
  7. 智慧財產法院 107 年民著上字第 3 號民事判決 (in Chinese). Judicial Yuan of the Republic of China. Retrieved on 2019-09-27.
  8. the news article about this case's court ruling, and the full text of the ruling)
  9. [7][8]
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss