Commons:Copyright rules by territory/Consolidated list H

Copyright rules by territory

A B C D E F G H I J K L M N O
P Q R Sa-Sl So-Sy T U V W X Y Z

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

Text transcluded from
COM:Haiti

Haiti

Copyright rules: Haiti Shortcut: COM:HAITI
Durations
Standard	Life + 60 years
Photograph	Create + 25 years
Anonymous	Create/publish + 60 years
Audiovisual	Create/publish + 60 years
Collective	Create/publish + 60 years
Posthumous	Publish + 60 years
Other
Freedom of panorama	If the work is not the main subject
Terms run to year end	Yes
Common licence tags	{{PD-Haiti}}
ISO 3166-1 alpha-3	HTI
Treaties
Berne convention	11 January 1996
Univ. Copyright Convention	16 September 1955
WTO member	30 January 1996
URAA restoration date‌*	11 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

Haiti was ruled by the Spanish as part of Hispaniola from 1492 to 1625, then by the French as Saint-Domingue from 1625 to 1804, when it became independent. The country was occupied by the United States from 1915 to 1934.

Haiti has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 11 January 1996 and the World Trade Organization since 30 January 1996.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree of October 12, 2005, on Copyright as the main IP law issued by the executive of Haiti. The decree was published in Le Moniteur on 9 March 2006. WIPO holds the text of this law in their WIPO Lex database.

General rules

According to the Decree on Copyrights of October 12, 2005,

• Except where specified otherwise in this chapter, the economic rights of a work are protected during the life of the author and for 60 years after his death.^{[2005 Article 20]}
• The economic rights in a collaborative work are protected during the life of the last surviving author and for 60 years after his death.^{[2005 Article 21]}
• The economic rights in an anonymous or pseudonymous work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.^{[2005 Article 22]}
• The economic rights in a collective or audiovisual work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.^{[2005 Article 23]}
• The economic rights in a posthumous work are protected for 60 years from the end of the year in which it was legally published.^{[2005 Article 24]}
• The economic rights in a photographic work are protected for 25 years after the end of the year it was created.^{[2005 Article 25]}

In this chapter all terms last until the end of the year in which they would normally expire.^{[2005 Article 26]}

Not protected

The following are not protected:

• Official texts of a legislative, administrative or judiciary nature, and their official translations.^{[2005 Article 5(1)]}
• News of the day.^{[2005 Article 5(2)]}
• Ideas, processes, systems, methods of operation, concepts, principles, discoveries or simple data, even if these are stated, described, explained. illustrated or incorporated in a work.^{[2005 Article 5(3)]}

Expressions of folklore: not free

See also: Commons:Paying public domain

Expressions of Folklore are works of the spirit expressing the characteristic elements of the traditional artistic heritage developed and perpetuated on the territory of Haiti by a community or by individuals recognized as meeting the traditional artistic expectations of this community and including folktales, popular poetry and riddles; popular songs and instrumental music; popular dances and shows; the productions of popular arts, such as drawings, paintings, sculptures, pottery, terracotta, chiselling, mosaics, woodwork, metal objects, jewelry, textiles, costumes and many others of the same kind.^{[2005 Article 1]} Representation or public performance, direct or indirect copying of a work of folklore for commercial purposes requires prior authorization by the collective rights management organization and payment of a fee. The products of the fee will be used for cultural and social purposes for the benefit of authors and communities who are traditional owners of the artistic heritage of Haiti.^{[2005 Article 7]}

Copyright tags

• {{PD-Haiti}} – General copyright protection last for 60 years.^{[2005 Article 20–24]} Photographic works are protected for 25 years after the end of the year the work was created.^{[2005 Article 25]}

Freedom of panorama

•  Not OK - noncommercial only (but noncommercial licensing is not compatible to Commons:Licensing).
• OK if the work is not the main subject (in other words, de minimis).

According to Article 15 on page 9 the Décret du 12 Octobre 2005 sur les Droits d'Auteur, a reproduction of an architectural work of art, a fine arts work, a photographic work of art or an applied arts work that is situated in permanence in a location open to the public is allowed, except if the work of art is the primary subject of said reproduction and said reproduction is used for commercial purposes.^{[2005 Article 15]}

Nonobstant les dispositions de l'article 7, il est permis, sans l'autorisation de l'auteur et sans paiement d'une rémunération, de reproduire, de radiodiffuser ou de communiquer par câble au public une image d'une oeuvre d'architecture, d'une oeuvre des beaux-arts, d'une oeuvre photographique et d'une oeuvre des arts appliqués qui est située en permanence dans un endroit ouvert au public, sauf si l'image de l'oeuvre est le sujet principal d'une teIle reproduction, radiodiffusion ou communication si elle est utilisée à des fins commerciales.

— in: 2005 Article 15

Notwithstanding the dispositions of article 7, it is permitted, without the authorisation of the author and without payment of a remuneration, to reproduce, broadcast over radio or communicate via cable to the public an image of an work of architectural art, a work of fine arts, a work of photographic art or a work of applied arts if it is situated in permanence in a location open to the public, except if the work of art is the primary subject of said image, radiodiffusion or communication if it is used for commercial purposes.

— Translation of Article 15

The "Article 7" being referenced is simply a list of a copyright holder's exclusive rights. It says that "With the exception of the dispositions of articles 8 to 19, the author of a work of art has the exclusive right to perform or authorize the following acts (...)".

Stamps

. Stamps by artists deceased more than 60 years ago (or pseudonymously designed more than 60 years ago, before 1 January 1964) are free.^{[2005 Article 20–23]}

See also

• Haiti
• Category:Stamps of Haiti

Citations

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:Honduras

Honduras

Copyright rules: Honduras Shortcut: COM:HONDURAS
Durations
Standard	Life + 75 years
Anonymous	Publish + 75 years
Audiovisual	Publish + 75 years
Collective	Publish + 75 years
Other
Freedom of panorama	No
Terms run to year end	Yes
ISO 3166-1 alpha-3	HND
Treaties
Berne convention	25 January 1990
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	20 May 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Honduras gained independence from Spain in 1821. It was part of the First Mexican Empire until 1823, then part of the United Provinces of Central America until 1838. Since then it has been an independent republic.

Honduras has been a member of the Berne Convention since 25 January 1990, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 May 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Decree No. 4-99-E, as amended by Decree No. 16-2006) as the main copyright law enacted by the legislature of Honduras. WIPO holds the text of this law in their WIPO Lex database.

General rules

• Economic rights are protected during the life of the author and 75 years after his death.^{[16-2006 Article 44]}
• For collaborative works, protection is for the life of the last surviving author and 75 years after his death.^{[16-2006 Article 44.1]}
• For anonymous and pseudonymous works, protection last for 75 years from the date the work was legally published for the first time, or, in the absence of such authorized publication within 50 years from creation, protection lasts for 70 years from the end of the calendar year when the work was created.^{[16-2006 Article 44.2]}
• For collective, audiovisual works and work made for employers, protection is for 75 years from the date of first publication, or if it is not published within 50 years, for 70 years from the end of the year in which the work was created.^{[16-2006 Article 44.3]}
• With articles in the press, magazines, etc., the publisher has the right to disseminate it once, but the author retains all other rights.^{[16-2006 Article 70]} This also applies to drawings, cartoons, jokes, graphics, photographs and other works published in newspapers, magazines and other means of social communication.^{[16-2006 Article 72]}

Freedom of panorama

 Not OK – Personal use only, in media different from the original.

The 2006 revision of the Law on Copyright and Related Rights, article 52, states:

• It is lawful, for personal use, to reproduce a work of art permanently exhibited in the streets, squares or other public places, by means of an art different from that used for making the original. With respect to buildings, this is limited to the exterior façade.^{[16-2006 Article 52]}

See also

• Category:Honduran FOP cases

Citations

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:Hong Kong

Hong Kong

Copyright rules: Hong Kong Shortcut: COM:HK
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Life + 50 years
Other
Freedom of panorama	For 3D works and "works of artistic craftsmanship"
Terms run to year end	Yes
Common licence tags	{{PD-HK}} {{PD-HK-factsheet}}
ISO 3166-1 alpha-3	HKG
Treaties
Berne convention	1 July 1997
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This section provides an overview of copyright rules of Hong Kong, China's special administrative region, 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.

Governing laws

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. Hong Kong joined the Berne Convention effective 1 July 1997.

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. WIPO holds the text of this law in their WIPO Lex database. The Hong Hong eLegislation site also holds English and Traditional Chinese versions.

General

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)]}

Copyright tags

• {{PD-HK}} – for work with copyright expired.
• {{PD-HK-factsheet}} – for work taken from the GovHK Fact Sheets website.

Currency

 Not 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 HK$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.

Freedom of panorama

OK for 3D works and 2D artistic craftsmanships,  Not OK for many other 2D works, unless HKSAR government stated OK separately in particular cases. {{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.

Threshold of originality

 Not OK for most logos. The level of originality required for copyright protection is presumably very low.

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.

Stamps

as per talk page discussion.

The Hongkong Post, as a government department of Hong Kong, owns the intellectual property of stamps released by them.

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.

See also

• 香港
• Category:Hong Kong FOP cases
• Category:License tags of Hong Kong
• Commons:Copyright rules by territory/China
• Commons:Copyright rules by territory/United Kingdom

Citations

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:Hungary

Hungary

Copyright rules: Hungary Shortcut: COM:HUNGARY
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Hungary}} {{PD-HU-exempt}} {{PD-HU-unknown}} {{PD-user-hu}}
ISO 3166-1 alpha-3	HUN
Treaties
Berne convention	14 February 1922
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

Hungary has been a member of the Berne Convention since 14 February 1922, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Act No. LXXVI of 1999 on Copyright (consolidated text of July 16, 2015) as the main copyright law enacted by the legislature of Hungary. WIPO holds the Hungarian text of this law in their WIPO Lex database, with an autotranslate facility. The Hungarian National Legislative Library holds the consolidated text as of February 2019.

Durations

Under the Act No. LXXVI of 1999, updated to 2019,

• Copyright is protected in the author's life and for 70 years after his death.^{[LXXVI/1999-2019 Art.31(1)]}
• The 70-year period of protection is calculated from 1 January of the year following the death of the author, in the case of joint works, from 1 January of the year following the death of the last deceased partner.^{[LXXVI/1999-2019 Art.31(2)]}
• If the identity of the author cannot be established, the term of protection is 70 years from the first day of the year following the first publication of the work.^{[LXXVI/1999-2019 Art.31(3)]}
• In the case of several partially published works, the year of the first publication shall be calculated in parts.^{[LXXVI/1999-2019 Art.31(4)]}
• The term of protection of a jointly created work is 70 years from 1 January of the year following the first publication of the work.^{[LXXVI/1999-2019 Art.31(5)]}
• The term of protection for cinematographic works is calculated from 1 January of the year following the death of the last deceased person, whether or not they are co-authors: the director of the film, the screenwriter, the author of the dialogue and the author of music composed for the film production.^{[LXXVI/1999-2019 Art.31(6)]}
• If the term of protection is not calculated from 1 January of the year following the death of the author or the last deceased co-author, and the work is not made public within 70 years from the first day of the year following its creation, the work longer qualifies for copyright protection.^{[LXXVI/1999-2019 Art.31(7)]}
• Legal protection applies when a publisher lawfully discloses a previously unpublished work whose copyright has expired. The duration of this protection is 25 years from 1 January of the year following the first publication.^{[LXXVI/1999-2019 Art.32]}

Not protected

Under the Act No. LXXVI of 1999, updated to 2019, the following works do not enjoy copyright protection:

• Laws, other legal instruments of public administration, court or authority decisions, official or other official communications and documents, and standards and other similar provisions made by law.^{[LXXVI/1999-2019 Art.1(4)]}
• Facts or daily news that are the basis for press releases.^{[LXXVI/1999-2019 Art.1(5)]}
• An idea, principle, concept, procedure, operating method, or mathematical operation.^{[LXXVI/1999-2019 Art.1(6)]}
• The expression of folklore. This provision does not affect the copyright protection of the author of an individual, original work inspired by folk art.^{[LXXVI/1999-2019 Art.1(7)]}

Copyright tags

• {{PD-Hungary}} – for works when a work public domain is in Hungary
• {{PD-HU-exempt}} – for works not eligible for copyright in Hungary.
• {{PD-Coa-Hungary}} – for official coats of arms of Hungarian cities.
• {{PD-HU-unknown}} - for anonymous works published before 1943
• {{PD-redsludge-hu}} – by photos taken by a staff photographer of the Hungarian Government and is part of the Ajka red sludge accident photo series
• {{PD-user-hu|username}} – for works released into the public domain by their creators when the creators are Hungarian Wikipedia users.

Currency

OK. The Hungarian National Bank (MNB) issued an exemplary decree, which permits reproductions of all forms of Hungarian banknotes and coins in a way which they cannot be misidentified as original, with the most important factor being the usage of the same material as the original. This essentially lifts the counterfeiting restriction from digital copies, without limits (since anyone in possession of a banknote could create a high-quality digital reproduction at ease).

Moreover, they have released a license to allow free usage (unless restricted by the aforementioned anti-counterfeiting decree) of the banknotes they possess direct copyright.This covers most banknotes created since 1983. For all other notes and coins you should still have to locate the author and ask specifically for license, which is not impossible, but tough. In most cases the Magyar Nemzeti Bank is the copyright holder.

The {{HU banknote}} template should be used on recent banknotes. The copyright status for designs of coins should be researched individually. Out-of-copyright banknotes and coins can use {{PD-old}}.

Freedom of panorama

OK. {{FoP-Hungary}} Under the Act No. LXXVI of 1999, updated to 2019, if a fine art, architectural or applied art creation is erected with a permanent character outdoors in a public place, a view of it may be made and used without the authorization of the author and paying remuneration to them.^{[LXXVI/1999-2019 Art.68(1)]} Please note that – as determined in this deletion request – "fine art, architectural or applied art" does not include photographs, maps and text (e.g. content of informational boards) and thus FOP does not apply to them.

Stamps

Stamps of Hungary are probably not in the public domain. Although Hungarian copyright law denies copyright protection for "means of state direction" (Act No. LXXVI. of 1999], I.4), the recommendation by the Council of Copyright Experts rejects a similar arguments for banknotes and suggests that "means of state direction" applies to specific, "official" uses of a work. The same logic is presumed to apply to stamps as well. Assume copyrighted until general term of protection expires.

Also refer to Commons talk:Stamps/Public domain#Hungary and Commons:Undeletion requests/Archive/2013-10#File:1888 Kodaly 500.jpg

Threshold of originality

OK

• stylized text with a common stylized globe icon (does not show the actual image).

 Not OK

• Sulinet Expressz logo

See also

• Magyarország
• Category:License tags of Hungary
• Category:Stamps of Hungary

Citations

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

Copyright rules by territory

A B C D E F G H I J K L M N O
P Q R Sa-Sl So-Sy T U V W X Y Z