Open main menu

Commons:Copyright rules by territory/Consolidated list Middle Africa


Other languages:
Deutsch • ‎English • ‎español • ‎français
VTE Copyright rules by territory
UN geographical subregions
UN geographical subregions
Africa
Americas
Asia
Europe
Oceania
Others

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

Text transcluded from
COM:Angola

Angola

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

BackgroundEdit

Angola was a Portuguese colony until 1975. Angola has been a member of the World Trade Organization since 23 November 1996, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 4/90 of March 10, 1990, on Author's Rights as the main copyright law enacted by the legislature of Angola.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

In 2014, the Angolan National Assembly passed Law n.º 15/14, de 31 de julho - Lei dos Direitos de Autor e Direitos Conexos, which replaced the previous 1990 copyright law. The new law came into effect by Presidential Decree 125/17 on 12 June 2017.[3]

DurationEdit

  • Copyright in Angola lasts for the life of the author + 70 years.[15/2014 Art.72.1]
  • Anonymous and collaborative works are protected for 70 years after being published.[15/2014 Art.73.1]
  • Copyright for photographs and applied arts lasts for the life of the author + 45 years.[15/2014 Art.73.2]
  • Unpublished works get 15 years of additional protection.[15/2014 Art.76]
  • Copyright of anonymous works belongs to who publishes the work, at least until the original author is found.[15/2014 Art.9]

Types of protectionEdit

  • Photographic works are protected when organized in such a way that transmits a journalistic, artistic or aesthetic message, showing originality on its creation.[15/2014 Art.10]
  • Architecture erected in Angola is protected, along with any works of art included in the buildings.[15/2014 Art.2] The author of a work of architecture, urbanism or design is the creator of its global conception, as well as the project.[15/2014 Art.15]
  • Traditional learning and use are treated the same as literary, artistic and scientific works.[15/2014 Art.2]
  • Works are protected by the mere fact of being created, no matter what may be its expression, and independently of its content, value, destiny and divulgation to the public.[15/2014 Art.2]

CurrencyEdit

X mark.svg Not OK No exception for currency in the Angolan copyright law.

Freedom of panoramaEdit

Symbol OK.svgOK. Article 51.º 1.c) of Lei n.º 15/14 de 31 de Julho (Angola Copyright Law) states that reproduction of works permanently on display at public locations is allowed without the author's authorization, given that the title and name of the author of the work are stated, and that their genuinity and integrity is respected.[15/2014 Art.51.1]

See alsoEdit

CitationsEdit

  1. a b Angola Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 4/90 of March 10, 1990, on Author's Rights. Angola (1900). Retrieved on 2018-11-03.
    Law on Authors' Rights (No. 4/90 of March 10 1990) (in English) (1990). Retrieved on 2018-12-04.
  3. Lei n.º 15/14 de 31 de Julho (Angola Copyright Law).
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:Cameroon

Cameroon

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

BackgroundEdit

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

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

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

General rulesEdit

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

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

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

Official worksEdit

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

Public domain and folklore: not freeEdit

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

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

Freedom of panoramaEdit

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

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

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

See alsoEdit

CitationsEdit

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

Central African Republic

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

Governing lawsEdit

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

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

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

General rulesEdit

Under Ordinance No. 85.002 of 5 January 1985,

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

Folklore: not freeEdit

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

CitationsEdit

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

Chad

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

BackgroundEdit

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

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

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

General rulesEdit

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

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

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

Public domain and folklore: not freeEdit

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

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

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

Freedom of panoramaEdit

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

CitationsEdit

  1. a b Chad Copyright and Related Rights (Neighboring Rights)[3], WIPO: World Intellectual Property Organization, 2018
  2. Law No. 005/PR/2003 of May 2nd, 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore[4], Chad, ???
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer

Democratic Republic of the Congo

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

BackgroundEdit

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

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

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

General rulesEdit

The copyright law of 1986 states that,

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

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

Copyright tagsEdit

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

CurrencyEdit

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

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

Freedom of panoramaEdit

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

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

Neither is free enough for Wikimedia Commons.

CitationsEdit

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

Equatorial Guinea

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

BackgroundEdit

The Spanish colonies of Bioko and Rio Muni were united in 1926 to form the colony of Spanish Guinea. In 1959 its status was raised from "colonial" to "provincial". In 1968 Equatorial Guinea became an independent republic.

Equatorial Guinea has been a member of the Berne Convention since 26 June 1997.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Spanish Law of January 10, 1879, on Intellectual Property as the main IP law.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the 1879 Spanish law,

  • Intellectual property belongs to the author during their lifetime and is transmittable to their heirs for a term of 80 years.[1879 Article 6]
  • Posthumous works are treated in the same way.[1879 Article 27]
  • The editor of an anonymous or pseudonymous work has the same rights as the author as long as the author is not disclosed.[1879 Article 26]

CitationsEdit

  1. a b Equatorial Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Law of January 10, 1879, on Intellectual Property. Equatorial Guinea (1879). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Gabon

Gabon

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

BackgroundEdit

France officially occupied Gabon in 1885. In 1910, Gabon became one of the four territories of French Equatorial Africa, a federation that survived until 1959. The territories of French Equatorial Africa became independent on 17 August 1960.

Gabon has been a member of the Berne Convention since 26 March 1962, 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 1987 Law No. 1/87 on the Establishment of the Protection for Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Gabon.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Standard termsEdit

Under Law No. 1/87 of 1987,

  • The author's economic rights last for their lifetime and for 50 years after death.[1/1987 Article 60]
  • With collaborative works, economic rights subsist for 50 years after death of the last surviving contributor.[1/1987 Article 60]
  • Economic rights last for 50 years from the end of the calendar year when the work was made public for:
    • Photographic works, radio and audiovisual works and works of applied art.[1/1987 Article 60]
    • Anonymous or pseudonymous works where the author cannot be identified.[1/1987 Article 60]
  • Posthumous works are protected for 50 years after being made public, if this happens within 50 years of death.[1/1987 Article 60]

All terms run to the end of the calendar year.

Collective workEdit

Under Law No. 1/87 of 1987, "Collective work" shall mean a work created on the initiative of a natural or legal person who edits it, publishes it and discloses it under his direction and name, and in which the personal contributions of the various authors who participated in its development are merged in the overall work for which they were conceived, so that it is impossible to attribute to each author a separate right in the work as created[1/1987 Article 10] A collective work, in the absence of proof to the contrary, shall belong to the natural or legal person under whose name it has been disclosed. The author's rights shall vest in that person[1/1987 Article 17]

Official work and newsEdit

Under Law No. 1/87 of 1987, Protection shall not apply: to laws and regulations and officially published preparatory work therefor, decisions of the courts and of administrative bodies and official translations of such texts;the news of the day published, diffused or communicated to the public.[1/1987 Article 11]

Public domain and folklore non-freeEdit

Under Law No. 1/87 of 1987, On expiry of the term of protection defined in Article 60, the work falls into the public domain. The right of exploitation of works in the public domain shall be exercised by the National Artistic and Cultural Promotion Agency (ANPAC). Performance, public execution and reproduction of such works shall require prior authorization issued by ANPAC. In the case of a profit-making utilization, authorization shall be granted against payment of a fee calculated in accordance with the general tariffs and schedules in force.[1/1987 Article 61]

Works of folklore shall belong ab origine to the national heritage.[1/1987 Article 6] "folklore" shall mean all literary and artistic productions created on the national territory by authors presumed to be Gabonese nationals or by national ethnic communities, passed from generation to generation, which form one of the fundamental elements of the national traditional cultural heritage.[1/1987 Article 6] Works of national folklore shall be protected without limitation in time.[1/1987 Article 7] The right of exploitation of folklore shall be administered by ANPAC. Such authorization shall be granted against payment of a royalty, the proceeds of which shall be used for cultural and welfare purposes for the benefit of the authors.[1/1987 Article 8]

Freedom of panoramaEdit

Symbol OK.svgOK. For photographs. Incidental use only for films and broadcasts. Under Law No. 1/87 of 1987,

  • Literary, scientific or artistic works seen or heard in the course of a current event may, for the purposes of information, be reproduced and made available to the public in a report on that event by means of photography, cinematography or sound or visual diffusion.[1/1987 Article 35]
  • Works of art, including architectural works, permanently located in a public place, may be reproduced and made available to the public by means of cinematography, photography or television. The same shall apply where the inclusion of such a work in a film or a broadcast is of an accessory or incidental nature only in relation to the main subject.[1/1987 Article 37]

CitationsEdit

  1. a b Gabon Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Law No. 1/87 on the Establishment of the Protection for Copyright and Neighboring Rights. Gabon (1987). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Republic of the Congo

Republic of the Congo

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

BackgroundEdit

Middle Congo was formerly part of the French colony of Equatorial Africa. The Republic of the Congo was established on the 28th of November 1958 and gained independence from France in 1960.

The Republic of the Congo has been a member of the Berne Convention since 15 August 1960, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 27 March 1997.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 24/82 of July 7, 1982 on Copyright and Neighbouring Rights as the main copyright law enacted by the legislature of the Republic of the Congo.[1] WIPO holds the text of this law in their WIPO Lex database.[2] All earlier provisions contrary to this Law, in particular Law No. 57-298, of March 11, 1957, and Ordinance 30-70, of August 18, 1970, shall be repealed.[24/82 Art. 103]

General rulesEdit

Under the 1982 law,

  • The standard term of protection in the author's life + 50 years.[24/82 Art. 61]
  • For joint works, protection is for the last surviving author's life + 50 years.[24/82 Art 62]
  • Anonymous or pseudonymous works are protected for 50 years since the date of creation.[24/82 Art 63]
  • A photographic work is protected for 25 years since its creation.[24/82 Art 65]
  • A cinematographic work is protected for 50 years since the date of its creation.[24/82 Art 64]
  • "Laws, decisions of courts or of administrative bodies and official translations thereof" are not eligible for copyright protection.[24/82 Art.14]

Public domain and folklore: not freeEdit

Under the 1982 law, on the expiry of the terms of protection the authors' works shall fall into the public domain. The right of exploitation of works in the public domain shall be administered by the professional body of authors.[24/82 Art.84] The public performance and reproduction of such works shall require authorization from that body. The authorization shall be granted, in the case of a profit-making event, against payment of a royalty calculated on the gross revenue from exploitation. The product of such royalties shall be devoted to cultural and social ends for the benefit of Congolese authors.[24/82 Art.85]

Folklore shall belong originally to the national heritage. Folklore means all literary and artistic productions created on the national territory by authors presumed to be Congolese nationals or by Congolese ethnic communities, passed from generation to generation and constituting one of the basic clements of the national traditional cultural heritage.[24/82 Art.15] Works of national folklore shall be protected without limitation in time.[24/82 Art.16] The public performance, or reproduction by any means whatsoever, of national folklore, with a view to exploitation for profit-making purposes shall be subject to prior authorization against payment of a fee. The revenue from such fees shall be used for cultural and social purposes of benefit to Congolese authors.[24/82 Art.18]

Freedom of panoramaEdit

X mark.svg Not OK: Incidental use only for photography. Free use in film and television. Under the 1982 law, the following uses of a protected work, either in the original language or in translation, shall be permissible without the author's consent.[24/82 Art.33]:

  • For the purposes of reporting on a current event by means of photography, cinematography or communication to the public, the reproduction or making available to the public, to the extent justified by the informatory purpose, of any work that can be seen or heard in the course of such current event.[24/82 Art.33(3)]
  • The reproduction of works of art and of architecture, in a film or a television broadcast, and the communication to the public of the works so reproduced, if those works are permanently located in a place where they can be viewed by the public or are included in the film or in the broadcast only by way of background or incidental to the main subject.[24/82 Art.33(4)]

CitationsEdit

  1. a b Republic of the Congo Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 24/82 of July 7, 1982 on Copyright and Neighbouring Rights. Republic of the Congo (1982). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:São Tomé and Príncipe

São Tomé and Príncipe

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

BackgroundEdit

The islands were uninhabited until their discovery by Portuguese explorers in the 15th century. They peacefully obtained independence on 12 July 1975.

São Tomé and Príncipe has been a member of the Berne Convention since 14 June 2016.[1]

Until 1972, São Tomé and Príncipe copyright rules were defined by Decree No. 13,725 of 27 May 1927. On 22 February 1972 this was replaced by Decree-Law No. 46980 of 27 April 1966. This was in turn replaced by Decree-Law No. 02/2017.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code of Copyrights and Related Rights (approved by Decree-Law No. 02/2017) as the main copyright law enacted by the legislature of São Tomé and Príncipe.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

General rulesEdit

Under the former Código do Direito de Autor (Copyright Code), enacted 1966 and effective 22 February 1972:[2]

  • Literary, artistic or scientific works were protected for the life of the author and 50 years after their death.[46980/1966 Art.25]
  • Protection for jointly authored works lasted until 50 years after the death of the last surviving author.[46980/1966 Art.30]
  • Protection for collective works as a whole lasted for 50 years after publication.[46980/1966 Art.31]
  • Protection for individual contributions to a jointly authored or collective work lasted for 50 years after the death of the author.[46980/1966 Art.32]
  • Protection for posthumous works lasted for 50 years after death of the author.[46980/1966 Art.33]
  • Protection for anonymous or pseudonymous works lasted for 50 years after publication, if the author did not become known during that period.[46980/1966 Art.34]
  • All terms based on the death of the author lasted until 1 January of the following year.[46980/1966 Art.35]

Under the Decree Law 02/2017,

  • The standard duration of protection is for the author's life + 70 years.[02/2017 Art.31]
  • Copyright in a joint work expires 70 years after death of the last surviving author.[02/2017 Art.32(1)]
  • Copyright in a collective work is attributed to the natural or legal entity that has organized and directed its creation and in whose name it has been disclosed or published. Newspapers and other periodicals are presumed to be collective works.[02/2017 Art.19]
    • Copyright in a collective work expires 70 years after first disclosure or publication, unless the individuals who made it have been identified in the version that was disclosed.[02/2017 Art.32(2)]
    • Where an individual contribution can be distinguished, copyright for that contribution lasts for the author's life + 70 years.{{sref|02/2017 Art.32(3)].
  • Anonymous works are protect for 70 years after publication or disclosure.[02/2017 Art.33]
  • Films and audiovisual works are protected for 70 years after death of the last survivor of the director, author of the work being adapted, scriptwriter and composer of music specifically for the work.[02/2017 Art.34]

Not protectedEdit

Under the Decree Law 02/2017, copyright protection does not apply to the following:[02/2017 Art.7]

  • News of the day and the reports of events that are simple information, however disclosed;
  • Applications, claims, complaints and written or oral submissions to authorities or public services
  • Proposed texts and speeches before assemblies or other collegial, political and administrative bodies at the national, regional or local level, or in public debates on issues of public interest;
  • Political speeches.

Freedom of panoramaEdit

X mark.svg Not OK: Under the Decree Law 02/2017, the following uses of a work are lawful without the author's consent: ... The use of works, such as, for example, works of architecture or sculpture, made to be permanently maintained in public places;[02/2017 Art.75.2(p)] However, this clause does not say that reproduction is allowed, where other clauses in this article do mention reproduction.

CitationsEdit

  1. a b São Tomé and Príncipe Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. a b Code on Copyright (approved by Decree-Law No. 46980 of April 27, 1966) (1972). Retrieved on 2019-01-15.
  3. Code of Copyrights and Related Rights (approved by Decree-Law No. 02/2017). São Tomé and Príncipe (2017). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer