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

Contents

Text transcluded from
COM:Argentina

Argentina

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

BackgroundEdit

Argentina has been an independent state since the early 19th century.

Argentina has been a member of the Universal Copyright Convention since 13 February 1958, the Berne Convention since 10 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009) as the main copyright law enacted by the legislature of Argentina.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to Law No. 11.723 as amended up to Law No. 26.570 of November 25, 2009,

  • Ownership of intellectual works shall fall to the authors thereof during their lifetime, and to their heirs or legal successors for 70 years starting from January 1 of the year following the author's death.[11.723/2009 Article 5]
  • With works of collaboration, this term shall begin from January 1 of the year following the death of the last collaborating party.[11.723/2009 Article 5]
  • For posthumous works, the 70-year term shall begin from January 1 of the year following the death of the author.[11.723/2009 Article 5]
  • Ownership of intellectual performances fixed on phonograms shall fall to the performers for the period of 70 years starting from January 1 of the year following publication.[11.723/2009 Article 5bis]
  • The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works.[11.723/2009 Article 8]
  • For photographic works, the duration of the right of ownership shall be 20 years from the date of first publication.[11.723/2009 Article 34]
    • The Berne convention also requires protection for at least 25 years from creation of artistic photographs and works of applied art.[11.723/2009 Article 7(4)]
  • For cinematographic works, the right of ownership shall be 50 years from the death of the last of the collaborators listed in Article 20 of this Law.[11.723/2009 Article 34]

Historical changes in durationsEdit

  • The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a.
  • In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957.
  • In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).
  • For photographic works the duration of copyright is twenty years from the date of the first publication (article 34 of last version of 11723 law, updated (August 13, 1998) by law 24249 art 1).[3]

Copyright tagsEdit

CurrencyEdit

X mark.svg Not OK. There is no exception for currency in the Argentine copyright law.

Freedom of panoramaEdit

  • Symbol OK.svgOK for buildings {{FoP-Argentina}}
  • X mark.svg Not OK for sculpture and other works

Argentina has no "freedom of panorama" provision in its copyright law, neither are buildings mentioned among works to which copyright apply. At least some think there is de facto freedom of panorama in Argentina regarding buildings:

  • It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
  • Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)[4]

StampsEdit

Copyrighted The basic copyright law of Argentina is Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009). There is no mention of stamps or official works in the law, but Article 8 (as translated) says that "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution and not a natural person so assume that where a stamp is anonymous, it is out of copyright after 50 years. Use {{PD-AR-Anonymous}} where applicable. If the designer of the stamp is shown, the stamp will remain in copyright for seventy years after death.

See alsoEdit

CitationsEdit

  1. a b Argentina Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009). Argentina (2009). Retrieved on 2018-11-08.
  3. Art. 34 Law 11723 del September 28, 1933, as modified by Ley 24870 Septiembre 11, 1997, as amended by Law 25006 B.O. 13/8/1998.
  4. Emery, Miguel Angel () Propiedad Intelectual (4th ed.), Astrea Editors, p. 40
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:Bolivia

Bolivia

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

BackgroundEdit

Bolivia was colonized by the Spanish in the early 16th century. It became independent on 6 August 1825.

Bolivia has been a member of the Universal Copyright Convention since 22 March 1990, the Berne Convention since 4 November 1993 and the World Trade Organization since 12 September 1995.[1] Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 copyright rules issued by that customs union.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No.1322 of April 13, 1992, on Copyright as the main copyright law enacted by the legislature of Bolivia.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

General rulesEdit

Under Law No.1322 of April 13, 1992, on Copyright an author must be a natural person, but the Bolivian state and legal entities may exercise copyright as derived owners. Economic rights in a work may be transferred by contract in whole or part.

  • Individual works are protected for 50 years after the death of the author.[1322/1992 Article 18]
  • Joint works are protected for 50 years from the death of the last surviving author.[1322/1992 Article 18]
  • Economic rights in collective audiovisual and photographic works, phonograms, broadcasting programs and computer or computing programs, shall last 50 years starting from their publication, exhibition, fixation, transmission and utilization, as appropriate, or, if they have not been published, since their creation.[1322/1992 Article 19]
  • Anonymous and pseudonymous works are protected for 50 years after publication.[1322/1992 Article 19]

The time limits shall be calculated from the first day of January of the year following the author’s death or that of publication, exhibition, fixation, transmission, utilization or creation, as the case may be.[1322/1992 Article 19]

Folklore and crafts: not freeEdit

This Law shall be deemed to protect all those works considered as folklore: the body of literary and artistic works created on the national territory by authors who are unknown or who do not identify themselves and who are presumed to be nationals of the country or members of its ethnic communities and which is passed down from generation to generation, representing one of the fundamental elements of the nation’s traditional cultural heritage.[1322/1992 Article 21] Works of folklore, for the purposes of their utilization as literary and artistic works, shall be considered as works belonging to the national heritage, in accordance with the norms contained in Title XI of this Law, without prejudice to any norms of protection that may be adopted by other State institutions or through international agreements.[1322/1992 Article 22] Crafts and crafts designs shall be protected by the general norms of this Law, especially with regard to three-dimensional arts and the national heritage.[1322/1992 Article 23]

National heritage and public domain: not freeEdit

The following belong to the National Heritage: Works of folklore and traditional culture by unknown authors; Works whose authors have expressly waived their rights; Works of authors who have passed away without successors or successors in title; Works whose terms of protection as fixed by Articles 18 and 19 have expired; Patriotic and civic hymns and anything that has been taken up by any public or private institution. Foreign works whose term of protection has expired shall belong to the public domain.[1322/1992 Article 58] The utilization in any form or procedure of works from the National Heritage and the public domain shall be free, but anyone using such works for commercial purposes shall pay the State, in accordance with the provisions of the Regulations, a fee based on the fee for utilization of similar works covered by the private protection system.[1322/1992 Article 60] Income from the utilization of National Heritage works shall be earmarked exclusively for the promotion and dissemination of the country’s cultural values.[1322/1992 Article 61]

Copyright tagsEdit

CurrencyEdit

Pictogram-voting-question.svg Unclear According to Article 8 of the Law No.1322 of April 13, 1992, on Copyright: "Only a natural person may be an author; however, the State, public law bodies and moral or legal entities may exercise copyright as derived owners, in accordance with the norms of this Law".[1322/1992 Article 8]

Article 5(i) of Law No. 1322 defines "derived work" as: "Any work arising from the adaptation, translation or other transformation of an original work, provided that it constitutes a separate creation".[1322/1992 Article 5(i)]

The copyright law has provisions giving copyright to the State in national folklore and when Bolivian nationals die without heirs, so it is not clear if the government's right to hold copyright extends to banknotes.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Bolivia}}

StampsEdit

Red copyright.svg The Law No.1322 of April 13, 1992 on Copyright states that copyright protection expires 50 years after the author's death calculated from 1 January following the year of death.[1322/1992 Article 18] For "anonymous works ... and in pseudonymous works, the economic rights shall last 50 years after the works have been made known" also calculated from 1 January of the following year.[1322/1992 Article 19]

Use {{PD-Bolivia}} for stamps published more than 50 years ago.

See alsoEdit

CitationsEdit

  1. a b Bolivia (Plurinational State of) Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Cerda Silva, Alberto J. (2012) Copyright Convergence if the Andean Community of Nations[1], Intellectual Property Law Section of the State Bar of Texas
  3. Law No.1322 of April 13, 1992, on Copyright. Bolivia (1992). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Brazil

Brazil

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

BackgroundEdit

Brazil became independent of Portugal in 1822 with the creation of the Empire of Brazil. The country became a presidential republic in 1889 following a military coup d'état.

Brazil has been a member of the Berne Convention since 9 February 1922, the Universal Copyright Convention since 13 January 1960 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended by Law No. 12.853 of August 14, 2013) as the main IP law enacted by the legislature of Brazil.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended up to Law No. 10.196 of February 14, 2001) is also relevant.[3]

General rulesEdit

According to Brazilian Copyright law of 1998,

  • The author has the exclusive right to use his literary, artistic or scientific work, to derive benefit from it and to dispose of it.[9.610/2013 Article 28]
  • The author's economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law.[9.610/2013 Article 41]
  • Where a literary, artistic or scientific work of joint authorship is indivisible, the term of protection provided for in the foregoing Article shall be calculated from the death of the last surviving joint author.[9.610/2013 Article 42]
  • The term of protection of economic rights in anonymous or pseudonymous works shall be 70 years counted from the first of January of the year following that of the first publication.[9.610/2013 Article 43] The provisions of Articles 41 apply where the author makes his identity known before the expiry of the period referred to in the introduction to this Article.* The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure.[9.610/2013 Article 44]
  • In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain.[9.610/2013 Article 45]:
    • I. the works of authors deceased without heir;
    • II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
  • The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organization, and public performance in other cases.[9.610/2013 Article 96]

Government worksEdit

Under the Berne Convention, Article 2.4, It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts. The convention was implemented by Federal Decree nº 75.699 of 1975 but the decree does not address the issue. Some freedom of access was defined in 1988 with the new Federal Constitution,[4][5][6]

  • Article 5 (XIV) – access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity.
  • Article 216 (Para 2) It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so.

In 1998 the exclusion from copyright protection of these types of work was expressed by article 8, items I and IV of the Copyright law. It excludes legislative and judicial documents, but not all works (ex. cited maps, tables, etc.) created by the federal government.

See {{PD-BrazilGov}}. Note: a special clause must be added to the CC0 implicit license of legislative documents that obliges copiers to add a red notice saying "This text does not replace the original published in the Official Gazette".

URAA: Uruguay Round Agreements ActEdit

See {{PD-Brazil-URAA}} for compatibility between the United States Uruguay Round Agreements Act and works in the public domain in Brazil.

Copyright tagsEdit

  • {{PD-BrazilGov}} – for works published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983, or the text of a treaty, convention, law, decree, regulation, judicial decision, or other official enactment.
  • {{PD-Brazil-media}} – for Brazilian photographs and audiovisual works first published more than 70 years ago.
  • {{PD-Brazil-URAA}}

See also Category:License tags attribution from Brazil, for example:

CurrencyEdit

Symbol OK.svgOK

Under the Copyright Law, all works subsidized by the Union are in the public domain.[9.610/2013 Article 6] According to the Industrial Property Law of 1996,

  • The following are not registrable as marks: ... reproductions or imitations of titles, policies, coins, and paper currency of the Union, the States, the Federal District, the Territories, the Municipalities, or of a country.[9.279/1996 Art.124(XIV)]
  • However, the law prohibits reproducing or imitating, in whole or in part and in a way that may induce error or confusion, coats of arms, escutcheons, or national, foreign or international official badges, without the necessary authorization, in a mark, title of establishment, trade name, insignia or advertising sign, or using such reproductions or imitations for economic purposes.[9.279/1996 Art.191]

Please use: {{Money-BR}}.

Freedom of panoramaEdit

Statue of Christ the Redeemer in Rio de Janeiro

Symbol OK.svgOK, {{FoP-Brazil}} with caveats. Freedom of panorama is allowed in Brazil, including commercial use, to some extent. According to the Copyright Law 9.610 as of 2013,

  • Works permanently located in public places may be freely represented by painting, drawing, photography and audiovisual processes.[9.610/2013 Article 48]

Representation is allowed, but reproduction is forbidden. Works of art placed in locations with access to the public can be freely represented by photography, painting, drawing and audiovisual means, to the extent that it does not reproduce the artwork. Commercial use is allowed, as long as the artist's work is properly attributed and the representation does not consist of a reproduction. The existing jurisprudence consistently allows commercial use of artworks under freedom of panorama, as long as the artwork is accessory, and is not detached from its surrounding elements, and therefore not unfairly used to produce revenue that by law belongs to the artist.

According to the available jurisprudence, and the ongoing debate about Article 48 in Brazil, "Public places" means "places available to the public", including private property and building interiors. Lawyer Marcelo Frullani Lopes says on the question of commercial use of representations of the Rio de Janeiro iconic landmark Christ the Redeemer: "although the area is privately owned, public access to the site is not restricted. One cannot ignore, also, that the Christ Redeemer is part of the landscape of Rio de Janeiro. From this point of view, the place where the work is located must be considered a public place."[7]

Examples of public places quoted in a 2017 court case include squares, gardens, sidewalks, parks, avenues, streets, museums, cultural entities.[8]

Article 48 of Law nº 9.610 of February 19, 1998 must be interpreted with other articles of the law, as established by case law.[9]

  • Article 5 of Federal Constitution of Brazil states: XXVII – the exclusive right of use, publication or reproduction of works rests with their authors and is transmissible to their heirs for the time the law shall establish.
  • Under the Copyright Law as of 2013, unless otherwise agreed, the author of a work of art, when disposing of the object in which it materializes, transmits the right to exhibit it, but does not transmit to the acquirer the right to reproduce it.[9.610/2013 Article 77] Authorization to reproduce a work of art in any form must be in writing and is assumed to be costly (se presume onerosa).[9.610/2013 Article 78]

Sample freedom of panorama court casesEdit

  • In Frederico George Barros Day vs. Edipress (2016): A mural in a public alley was represented by photography in a commercial publication, deformed and without attribution. The court considered the artwork was not being used in a way that took away revenue from the artist, even by being in a commercial publication. However, it considered that the artist's moral rights were violated due to lack of attribution and misrepresentation of the work in an improper way (deformed mural), causing damage to his reputation. An indemnization was granted.[10]
  • In a more recent case involving the same artist, Frederico George Barros Day (graffiter) vs. Editora Abril (2017), the artwork was reproduced on magazine covers, without attribution and with clear commercial intent, due to freedom of panorama being confused with Public Domain. An indemnization was granted.[11]
  • In Ricardo Fernandez Costa (artist) vs. Leo Burnett Publicidade Ltda (2017): Use of mural graffiti placed in a public alley in publicity campaign for shopping center, the court considered there was no breach of moral or material rights of the author, and that the use was allowed under Article 48.[12]
  • Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol - CBF & Outplan Sistemas (2017) concerned representation of the artist's sculpture "Araras" in tickets sold for a soccer game. Commercial use of the representation was considered by the court to be covered by freedom of panorama as it was not detached from its landscape.[13]
  • This differs from Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, where a statue was detached from its surroundings on commercialized phone cards.[14]
  • In Frederico George Barros Day (graffiter) vd. Edições Globo Conde Nast, commercial use of a representation of the mural in a fashion presentation was deemed to be correct under Article 48, as it was contained within the street landscape.[15]
  • In the Panda / Mochilheira case (2015), commercial use of a representation of a mural in a fashion presentation was deemed to be correct under Article 48. Use of the "Panda" mural as background for the Mochilheira fashion show was deemed by the court to be accessory, and therefore covered by Article 48.[16]
  • In Camila Pavanelli & others (mural artists/graffiters) vs. Lew’lara/TBWA Publicidade Propaganda, casual presence of artwork in a commercial spot was not in breach of the law under Article 48.[17]
  • In a much quoted 2011 court case, Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, commercial use of representations of sculptures in a public place was deemed to be unlawful in court. On the phone cards being sold, the sculptures had been detached from their surrounding elements, which was considered to be in breach of Article 48. The court case lasted from 2007 to 2011, dealing with use of representations of sculptures placed in a public place in phone cards sold by the phone operator. The sculptures had been detached from their surrounding elements, which was considered to violate the spirit of Article 48. Of the three judges that voted on the final sentence, two considered that Article 48 does not cover commercial use of representations of artworks, when that representation was only about the artwork. The third judge considered that commercial use was allowed by Article 48, even when the only represented subject was the artwork.[18]
  • Compare the above with Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol, where the commercial use of an image of an artwork under copyright was considered to be covered by Article 48, as unlike this case, it had not been detached from its surrounding elements.[19]
  • The situation was repeated in 2016, when a representation of a house on a commercial product was detached from its surrounding elements and used commercially by a paint manufacturer without consent by the architect, and without proper attribution.[20]
  • Other cases, in particular related to Rio de Janeiro's iconic Christ the Redeemer which has been widely used commercially, have been quoted in court and in technical opinions to support the notion that Article 48 does indeed allow for free and unrestricted representation of works of art in public places.[21]
  • In a 2017 juridical technical opinion, statues in public squares used in selling products were presented as an example of what is covered by Article 48. Recent jurisprudence related to Article 48 reinforces the notion that freedom of panorama in Brazil cannot be used in any way that provenly takes or diverts revenue that by right would belong to the artist.[22]
  • In 2016, a controversial court case arose about a paint brand who used the representation of a copyrighted architectural work (house) to sell the paints, without attributing the work, and under the payment of a fee to the house owners (not the copyright holders). While the court considered the commercial use of the artwork representation unlawful, and granted compensation to the copyright holder, it based its sentence on the fact that there was payment for the use of the specific artwork to someone who was not the copyright holder of the work, thus taking away revenue from the artist and damaging his rights. The court also emphasized the architect's moral rights violation, from commercializing his work without properly attributing it, and said this fact alone was enough to warrant compensation.[23]
    • Use of the above decision to imply an interpretation of Article 48 as forbidding commercial use in general is disputed and contradicted by other evidence.[24]
    • Also, in this case, the image of the house on the commercialized product was detached from its surrounding elements.[25]
    • The Superior Court has written, "The point is not merely representation of the surroundings of the architectural work, but of representation of the architectural work solely for the purpose of profit."[26]
  • In any case, the ongoing debate on Brazilian jurisprudence over Article 48 is limited to the resulting financial damage to the artist, which has to be consistently demonstrated by palpable proof, and not to the use of artwork representations.[27][28]
  • More recently, in June 2018, a 2nd instance Brazilian court affirmed the a hospital had the right to commercially use the image of the Rio de Janeiro Monument of the Redeemer even without any landscape context. "Article 48 of Law 9.610/98 in its literal sense authorizes the free representation of works located permanently in public places, and does not require maintenance of the landscape context."[29]

StampsEdit

Before 1983

PD-icon.svg use {{PD-BrazilGov}}

After 1983

Red copyright.svg

Threshold of originalityEdit

There are some court cases related to threshold of originality in Brazil. According to one study, and the court decisions contained in it, the concept of creativity in Brazil is way more strict and exigent than in the United States, and consequently the threshold of originality is considerably higher than the United States, which is the general reference in Commons.[30] Examples:

  • Symbol OK.svgOK. In the case of Boneco de Preço Miúdo (2011), puppets that were a tridimensional and humanized version of a logo were deemed by the court to lack enough originality to be protected. The court considered that there was no originality or unpublished work in the puppets because they represented an already existing symbol (the supermarket's logo), and that there were already previous 3D and humanized versions of that logo. The court did not grant any value nor legal protection to the specific 3D and humanized version of the logo in question, and called it something like a "stylization subordinate to a previous idea".[31]
  • Symbol OK.svgOK. Copyright for compilations/ reorganizations of already existing elements has often been rejected on court, hinting that the threshold for what constitutes an "intellectual creation" in this respect is quite high in Brazil.[32]
  • Symbol OK.svgOK. Slogans are generally acceptable. In rare occasions they may be protected, when there is such a level of creativity as to attain the level of a literary work. For example, in the Guerra das Moedas court case (2013), copyright in the expression was not recognized by the court. The verdict stated that the language is the cultural patrimony of the people, so language expressions can't be protected by law. The Rede Globo vs. Ronaldo Ciambroni case was similar.[33][34]

Some examples help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

  • Symbol OK.svgOK.The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique". The court ruled: "photographs are not considered artistic creations ... that portray in a manifestly simple way, without use of any differentiated technique, the front of a residential building and a partial view of the city, under a service contract with a real estate business with a predefined advertising purpose"[35]
  • Symbol OK.svgOK. Simple documentary, descriptive photographs in general, such as photographs documenting social reunions: In SC-AC 111630 SC 2002.011163-0 (2006): "mere photographic documentation, without artistic character, does not qualify for copyright ... making it possible to use a copy without mention of the photographer's name, since, according to Brazilian law, only artistic photography (by choice of the object and conditions of execution) is listed among protected works. ... [for example] with documentary photographs of social gatherings, where the author was performing duties for the defendant, a reference to the photographer's name is not required because it is not an artistic work..."[36]
  • Symbol OK.svgOK. A 2000 ruling stated: "Photographs for identity documents, produced by automatic machines, are not artistic works. ... Neither should purely technical photographs, which reproduce a certain object without the slightest artistic concern, be protected by copyright."[37]
  • X mark.svg Not OK Another 2000 decision stated: "the photos [...] have an artistic character characterized by the originality, creativity and technique of its author, elements that reveal ... a work of art. They are not, as the appellant claims, mere reproductions of images for advertising purposes, or common snapshots."[38]

Paes Mendonça S.A.jpg Puppets who were a tridimensional and humanized version of this logo were deemed in court to lack enough originality to be protected.

See alsoEdit

CitationsEdit

  1. a b Brazil Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended by Law No. 12.853 of August 14, 2013). Brazil (2013). Retrieved on 2018-11-08.
  3. Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended up to Law No. 10.196 of February 14, 2001) (in Portuguese). WIPO. Retrieved on 2019-03-12.
  4. Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979). WIPO. Retrieved on 2019-03-12.
  5. Decreto nº 75.699, de 6 de Maio de 1975 (in Portuguese). LEXML (6 May 1975). Retrieved on 2019-03-12.
  6. Constitution of the Federative Republic of Brazil (Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994 (in English). Retrieved on 2019-03-12.
  7. Marcelo Frullani Lopes (23 August 2014). Representação do Cristo Redentor em filme não pode ser vetada (in Portuguese). "apesar de a área ser de propriedade privada, o acesso público ao local não é restrito. Não se pode ignorar, também, que o Cristo Redentor integra a paisagem do Rio de Janeiro. Por esse ponto de vista, o local em que a obra se encontra deve ser considerado logradouro público para fins de aplicação desse dispositivo."
  8. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  9. RECURSO ESPECIAL Nº 951.521 - MA (2007/0103380-7) (in Portuguese). Retrieved on 2019-03-12.
  10. Tribunal de Justiça de São Paulo TJ-SP - Apelação : APL 10052213320138260020 SP 1005221-33.2013.8.26.0020 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  11. Tribunal de Justiça de São Paulo TJ-SP - Apelação : APL 10052213320138260020 SP 1005221-33.2013.8.26.0020 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  12. Página 775 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Maio de 2017 (in Portuguese). Retrieved on 2019-03-12.
  13. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  14. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  15. Página 545 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Janeiro de 2016 (in Portuguese). Retrieved on 2019-03-12.
  16. Tribunal de Justiça de São Paulo TJ-SP - Embargos de Declaração : ED 10016691920158260011 SP 1001669-19.2015.8.26.0011 (in Portuguese). Retrieved on 2019-03-12.
  17. 1007409-55.2015.8.26.0011 Camila Pavanelli e outro v. Lew’lara/TBWA Publicidade Propaganda Ltda. e outros (in Portuguese). Retrieved on 2019-03-12.
  18. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 (in Portuguese). Retrieved on 2019-03-12.
  19. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 (in Portuguese). Retrieved on 2019-03-12.
  20. Uso de casa para publicidade deve ter consentimento de proprietário e arquiteto (in Portuguese) (8 December 2016). Retrieved on 2019-03-12.
  21. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 (in Portuguese). Retrieved on 2019-03-12.
  22. Samory Santos Advocacia e Consultoria. Doutor, violaram meus Direitos Autorais, e agora? (in Portuguese). Retrieved on 2019-03-12.
  23. Superior Tribunal de Justiça STJ - EMBARGOS DE DECLARAÇÃO NO RECURSO ESPECIAL : EDcl no REsp 1562617 SP 2015/0250795-0 (in Portuguese). Retrieved on 2019-03-12.
  24. Marcelo Frullani Lopes (1 March 2017). O STJ e a questão da proteção autoral de obras arquitetônicas (footnote 3) (in Portuguese). Retrieved on 2019-03-12.
  25. Uso de casa para publicidade deve ter consentimento de proprietário e arquiteto (in Portuguese) (8 December 2016). Retrieved on 2019-03-12.
  26. Página 2657 do Superior Tribunal de Justiça (STJ) de 30 de Novembro de 2016 (in Portuguese). Retrieved on 2019-03-12. "A hipótese, todavia, não é de mera representação a paisagem, em que inserida a obra arquitetônica, mas sim de representação unicamente da obra arquitetônica, com a finalidade lucrativa."
  27. Página 545 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Janeiro de 2016 (in Portuguese). Retrieved on 2019-03-12.
  28. Andamento do Processo n. 1008991-90.2015.8.26.0011 - Procedimento Ordinário - Direito Autoral - 01/09/2015 do TJSP (in Portuguese). Retrieved on 2019-03-12.
  29. Página 203 da II - Judicial - 2ª Instância do Diário de Justiça do Rio de Janeiro (DJRJ) de 29 de Junho de 2018 (in Portuguese). Retrieved on 2019-03-12. "Acórdão claro com relação à aplicação do artigo 48 da Lei nº 9.610/98 em sua literalidade, o qual autoriza a livre representação de obras situadas permanentemente em logradouros públicos, não se exigindo a manutenção do contexto paisagístico."
  30. Denis Borges Barbosa (dezembro de 2012). Como o requisito autoral de originalidade vai se radicando nos precedentes judiciais (in Portuguese). Retrieved on 2019-03-12.
  31. Página 417 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 26 de Julho de 2011 (in Portuguese). Retrieved on 2019-03-12.
  32. STJ AI 604.956 - MG (2004/0059338-6), Ministro Carlos Alberto Menezes Direito, 30 de setembro de 2004; also PROCESSO TRT/SP Nº 0001174-81.2012.5.02.0086 (2016).
  33. Guerra das Moedas court case.
  34. Quarta Turma não reconhece violação de direito autoral em título de novela da Globo (in Portuguese) (18 May 2017). Retrieved on 2019-03-12.
  35. Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). "não se considera criação artística as fotografias tiradas por profissional do ramo que retratam de forma manifestamente singela, sem o emprego de qualquer técnica diferenciada, o frontispício de um edifício residencial e a vista parcial da cidade, em observância a contrato de prestação de serviços entabulado com empresa do ramo imobiliário e com destino publicitário previamente ajustado entre as partes"
  36. Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). Retrieved on 2019-03-11. "mera documentação fotográfica, sem caráter artístico, afasta a incidência do direito de autor, "... tornando possível o uso de terceiro sem menção do nome do fotógrafo, pois, conforme lei brasileira, somente a fotografia artística (pela escolha do objeto e condiçõe de execução) se inscreve dentre as obras protegidas." (...) [segue exemplo ilustrativo] fotografias documentárias de reuniões sociais - Autor que na época estava do desempenho de funções junto ao réu - Inexigível a referência ao nome do fotógrafo por não se tratar de trabalho artístico - Falta de originalidade, criatividade, valor estético ou de furo de documentação"
  37. Tribunal de Justiça do Paraná TJ-PR - Apelação Cível : AC 946589 PR Apelação Cível - 0094658-9 (in Portuguese) (2000). Retrieved on 2019-03-12. "As fotografias destinadas a documentos de identidade, produzidas por máquinas automáticas, não são obras artísticas. (...) Também não devem alcançar a proteção do direito de autor as fotografias meramente técnicas, em que se procura uma reprodução tal qual de certo objetivo, sem a menor preocupação artística."
  38. Tribunal de Justiça de Minas Gerais TJ-MG : 2933464 MG 2.0000.00.293346-4/000(1) (in Portuguese). Retrieved on 2019-03-12. "as fotos [...] denotam caráter artístico, caracterizando-se pela originalidade, criatividade e técnica da sua autora, elementos que dela não se podem excluir como reveladores, a princípio, de uma obra de arte. Não são elas, como pretende o apelante, meras constatações ou reproduções de imagens para fins publicitários, ou instantâneos comuns"
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Chile

Chile

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

BackgroundEdit

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

Chile has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 5 June 1970, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 29 May 2014 version of Law No. 17.336 on Intellectual Property (as amended up to Law No. 20.750 on the Introduction of Digital Terrestrial Television) as the main IP law enacted by the legislature of Chile.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

As of the 2014 revision:

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

Common cultural heritageEdit

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

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

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

Copyright tagsEdit

CurrencyEdit

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

Freedom of panoramaEdit

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

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

Threshold of originalityEdit

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

See alsoEdit

CitationsEdit

  1. a b Chile Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 17.336 on Intellectual Property (as amended up to Law No. 20.750 on the Introduction of Digital Terrestrial Television). Chile (2014). Retrieved on 2018-11-08.
  3. $CLP Chilean peso. Central Bank Counterfeit Deterrence Group. Retrieved on 2019-01-21.
  4. Message which brought hope now copyright of Chile miner. BBC (22 October 2010). Retrieved on 2019-01-21.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Colombia

Colombia

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

BackgroundEdit

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

Colombia has been a member of the Universal Copyright Convention since 18 June 1976, the Berne Convention since 7 March 1988, the World Trade Organization since 30 April 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 23 of January 28, 1982, on Copyright as the main copyright law enacted by the legislature of Colombia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This has been modified by

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

General rulesEdit

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

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

Copyright tagsEdit

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

CurrencyEdit

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

Both banknotes and coins are produced by the Banco de la República, the Colombian central bank. They claim all rights reserved on their website in the footer of all pages, and in a legal disclaimer (Spanish: [2]) which asserts intellectual property over the website's designs and trademarks. There is no further information provided about the legality of photographic reproductions or similar. Colombia's copyright law has no exemption for government works, meaning that the Bank is permitted to claim copyright, for up to 70 years from the date of publication. The law makes no exemptions for banknotes or currency either.

Freedom of panoramaEdit

✓OK {{FoP-Colombia}}

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

StampsEdit

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

See alsoEdit

CitationsEdit

  1. a b Colombia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 23 of January 28, 1982, on Copyright. Colombia (1982). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Ecuador

Ecuador

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

BackgroundEdit

Ecuador was colonized by Spain during the 16th century. It became independent in 1820 as part of Gran Colombia, and became a sovereign state in 1830.

Ecuador has been a member of the Universal Copyright Convention since 5 June 1957, the Berne Convention since 9 October 1991, the World Trade Organization since 21 January 1996 and the WIPO Copyright Treaty since 6 March 2002.[1] Ecuador is also a member of the Andean Community of Nations. In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.[2][3]

The UNHCR holds a copy of Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual.[4] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, held a copy of the Intellectual Property Law (Codification No. 2006­-13) in their WIPO Lex database.[5] WIPO did not list this law among those enacted by the legislature.[1]

General rulesEdit

Under the Intellectual Property Law (Codification No. 2006­-13),

  • Economic rights shall last throughout the author's lifetime and for 70 years after his death, regardless of the country of origin of the work.[2006­-13 Art.80]
  • With works of joint authorship, the period of protection shall commence on the death of the last joint author.[2006­-13 Art.80]
  • With posthumous works, the period of 70 years shall commence on the date of the author's death.[2006­-13 Art.80]
  • An anonymous work the author of which does not make himself known within 70 years of the date of first publication shall enter the public domain. Where the identity of the author of a work published under a pseudonym is not known, the work shall be considered anonymous.[2006­-13 Art.80]
  • Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006­-13 Art.81]

Official worksEdit

{{PD-EC-exempt}}. The following shall not be protected: ... legal and regulatory provisions, judicial decisions, and instruments, agreements, deliberations and rulings of public bodies, and also the official translations thereof.[2006­-13 Art.10]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Ecuador}}

See Andean Community of Nations:Freedom of panorama.

According to Intellectual Property Law (Codification No. 2006­-13), "Provided that fair use is respected and normal exploitation of the work is not adversely affected or injury caused to the right holder, exclusively the following acts ... shall be lawful: (f) the reproduction, communication and distribution of works that are permanently located in public places, by means of photography, painting, drawing or any audiovisual process, provided that the name of the author of the original work and the place where it is located are specified, and that the purpose is strictly to disseminate art, science and culture".[2006­-13 Art.83(f)]

Decision 351 of the Andean Community of Nations, which is binding on Ecuador, provides for freedom of panorama as follows: "Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".[351/1993 Article 22(h)]

StampsEdit

Copyrighted Under the Intellectual Property Law (Codification No. 2006­-13) there is no exception for stamps, which would be protected for 70 years from publication.

  • Protected works shall include, inter alia, the following: ... works of painting, drawing, engraving and lithography ....[2006­-13 Art.8(f)]
  • The employer or commissioner owns copyright in works by made employees or commissioned.[2006­-13 Art.16]
  • Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006­-13 Art.81]

See alsoEdit

CitationsEdit

  1. a b Ecuador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Cerda Silva, Alberto J. (2012). Copyright Convergence if the Andean Community of Nations. Intellectual Property Law Section of the State Bar of Texas. Retrieved on 2018-11-30.
  3. Andean Community (17 December 1993). Decision No. 351—Common Provisions on Copyright and Neighboring Rights. Retrieved on 2018-12-01.
  4. Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual (1998). Retrieved on 2018-12-12.
  5. Intellectual Property Law (Codification No. 2006­-13). Ecuador (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. See also: Commons:General disclaimer
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COM:Falkland Islands

Falkland Islands

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

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

BackgroundEdit

The Falkland Islands have had French, British, Spanish, and Argentine settlements at different times. They have been controlled by Britain since 1833. The Falkland Islands is a British Overseas Territory. It is self-governing, and its government enacts local laws. These are largely based on British law.

As of 2019, the Falkland Island government lists the Copyright Act 1956 c.74 as being applicable in the Falkland Islands by virtue of the Copyright (Falkland Islands) Order 1963 (S.I. 1963/1037).[1] The United Kingdom government holds a copy of this act as originally enacted.[2]

General rulesEdit

Under the Copyright Act 1956,

  • Copyright subsist­ing in a work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[1956 Sec.2(3), 3(4)]
  • If the work had not been made public before the death of the author, copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which it was made public.[1956 Sec.2(3), 3(4)]
  • Where the first publication of a literary, dramatic, or musical work. or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the work was first published, and shall then expire.[1956 2nd Sched. Sec.2]
  • The copyright in a photograph shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published, and shall then expire.[1956 Sec.3(4b)]

Freedom of panoramaEdit

X mark.svg Not OK. The Copyright Act 1956 does not have provisions regarding freedom of panorama.

See alsoEdit

CitationsEdit

  1. Copyright Act 1956 c. 74. Falkland Islands Government.
  2. Copyright Act 1956. United Kingdom (1956).
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:French Guiana

French Guiana

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

Location of French Guiana

French Guiana is an overseas department and region of France, on the north Atlantic coast of South America. The same laws apply as in the rest of France. French Guiana, as part of France, forms part of the European Union.

See alsoEdit

CitationsEdit

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

Guyana

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

BackgroundEdit

Guyana was colonized by the Dutch, then came under British control in the late 18th century. It was governed as British Guiana until it gained independence as Guyana on 26 May 1966.

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

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the British Copyright Act 1956 (Cap. 74) as the main IP law enacted by the legislature.[1] WIPO holds the text of this act in their WIPO Lex database.[2] WIPO also lists the The Copyright (British Guiana) Order 1966 (Order No. 79 of 1966) (1966), which extends and modifies the 1956 act. WIPO holds the text of this order in their WIPO Lex database.[3] The changes in the 1966 order generally do not affect definitions of protected works or durations of protection.

General rulesEdit

Under the Copyright Act 1956, as modified by the order of 1966,

  • Copyright in an original literary, dramatic or musical work shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[74/1956 Section 2(3)]
  • However, if before the death of the author none of the following acts had been done, (a) the publication of the work (b) the performance of the work in public (c) the offer for sale to the public of records of the work and (d) the broadcasting of the work, the copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which includes the earliest occasion on which one of those acts is done.[74/1956 Section 2(3)]
  • Artistic works include paintings, sculptures, drawings, engravings and photographs; works of architecture, being either buildings or models for buildings; and works of artistic craftsmanship.[74/1956 Section 3(1)]
    • Copyright in artistic works generally subsists until the end of the period of 50 years from the end of the calendar year in which the author died.[74/1956 Section 3(4)]
    • Copyright in an engraving that was not published before the death of the author subsists until the end of the period of 50 years from the end of the calendar year in which it was first published.[74/1956 Section 3(4a)]
    • Copyright in a photograph continues to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published.[74/1956 Section 3(4b)]
  • Copyright shall subsist in a sound recording until the end of the period of 50 years from the end of the calendar year in which the recording is first published, and shall then expire.[74/1956 Section 12(3)]
  • Copyright in a cinematograph film shall continue to subsist until the film is published and thereafter until the end of the period of 50 years from the end of the calendar year which includes the date of its first publication.[79/1966 Section 13(3)]

Freedom of panoramaEdit

Symbol OK.svgOK for buildings, sculpture and applied art, not for paintings, drawings, engravings or photographs.

  • The copyright of a sculpture or work of artistic craftsmanship other than a painting, drawing, engraving or photograph which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(4)]
  • Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[74/1956 Section 9(5)]

CitationsEdit

  1. a b Guyana Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act 1956 (Cap. 74). Guyana (1956). Retrieved on 2018-11-05.
  3. The Copyright (British Guiana) Order 1966 (Order No. 79 of 1966) (1966). Retrieved on 2018-12-12.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Paraguay

Paraguay

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

BackgroundEdit

The settlement of Asunción was founded on 15 August 1537, and eventually became the center of the Spanish colony of Paraguay. Paraguay overthrew the Spanish administration on 14 May 1811.

Paraguay has been a member of the Universal Copyright Convention since 11 March 1962, the Berne Convention since 2 January 1992, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 1328/98 on Copyright and Related Rights as the main copyright law enacted by the legislature of Paraguay.[1] SICE, part of the Organization of American States, holds the Spanish text of this law.[2] WIPO holds an English translation of this law in their WIPO Lex database.[3]

The 1998 law was retroactive: "Works and other productions that have passed into the public domain on expiry of the term provided for in the legislation repealed by this Law shall return to the private domain until such time as the term provided for in this Law expires, without prejudice to rights acquired by third parties prior to the entry into force thereof".[1328/1998 Article 181]

General rulesEdit

Under Law No. 1328/98 on Copyright and Related Rights,

  • Economic rights shall subsist throughout the life of the author and for 70 years thereafter.[1328/1998 Article 47]
  • In the case of works of joint authorship, the term of protection shall be counted as from the death of the last surviving co-author.[1328/1998 Article 47]
  • In the case of anonymous and pseudonymous works, the term shall be 70 years following the year of disclosure.[1328/1998 Article 48]
  • In the case of collective works, computer programs and audiovisual and broadcast works, economic rights shall lapse after 70 years following first publication or, failing that, completion. That limitation shall not affect the economic rights of each of the co-authors of audiovisual and broadcast works in their personal contributions.[1328/1998 Article 49]
  • The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the death of the author, or where appropriate that of the disclosure, publication or completion of the work.[1328/1998 Article 50]

Paraguay makes a distinction between photographic works and simple photographs. Any photograph that is not a "work" is copyrighted until 50 years after its creation.[1328/1998 Article 135] Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.16 of the 1998 law: A "work" is any original intellectual creation in the literary or artistic field.[1328/1998 Article 135]

The term for the neighbouring rights on performances, phonograms, and broadcasts is 50 years since the first performance, publication of the recording, or first broadcast.

Excluded from protectionEdit

"The following shall not qualify for copyright protection: 1. the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts per se, or the ideological or technical content of scientific works, or their industrial or commercial exploitation; 2. official texts of legislative, administrative or judicial character, or translations thereof, without prejudice to the obligation to respect the text and mention the source; 3. news of the day; 4. mere facts or data.[1328/1998 Article 8]

Public domain: non-freeEdit

Expiry of the periods provided for in this Law shall bring about the lapse of the economic rights and determine the work’s passage into the public domain.[1328/1998 Article 55] The use of works in the public domain shall always be subject to respect for the authorship and the integrity of the creation, and their exploitation shall give rise to the payment of remuneration according to tariffs set by the National Directorate of Copyright, which remuneration may not exceed the scales set for works in the private domain. The said remuneration shall be intended exclusively for a fund for the promotion and dissemination of the various manifestations of culture, which shall be created by special legislation.[1328/1998 Article 55]

Freedom of panoramaEdit

Symbol OK.svgOK The following is permitted without authorization by the author or payment of remuneration in relation to works already disclosed:

  • Reproduction of a work of art on permanent display in streets, squares or other public places, or on the outer walls of buildings, where the artistic medium used is different from that used for the making of the original, provided that the name of the author and the title of the work, if known, and the place in which it is located are mentioned.[1328/1998 Article 39.4]
  • Where the work is used as a sign, emblem or distinctive mark of a political party or non-profit-making civil association or entity.[1328/1998 Article 39.7]

"Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author".[1328/1998 Article 39]

StampsEdit

Copyrighted: Stamps are not mentioned in Law No. 1328/98 on Copyright and Related Rights, and are not included in the categories that are not protected.[1328/1998 Article 8]

CitationsEdit

  1. a b Paraguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Ley N° 1328/98 "De Derecho de Autor y Derechos Conexos" (in Spanish). Organization of American States - OAS (1998). Retrieved on 2018-12-13.
  3. Law No. 1328/98 on Copyright and Related Rights. Paraguay (1998). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Peru

Peru

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

BackgroundEdit

The Spanish conquered the region in the 16th century. Peru secured independence in 1824.

Peru has been a member of the Universal Copyright Convention since 16 October 1963, the Berne Convention since 20 August 1988, 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 Law (Legislative Decree No. 822) of 1996 as the main copyright law enacted by the legislature of Peru.[1] WIPO holds the text of this law in their WIPO Lex database.[2] It has been amended by, among others,

  • Law No. 30276 on Amendments to the Copyright Law (Legislative Decree No. 822)
  • Legislative Decree No. 1076 of June 27, 2008, on the Law Amending Legislative Decree No. 822
  • Law No. 28571 on Amendments to Articles 188 and 189 of the Copyright Law (Legislative Decree No. 822 of April 23, 1996)

These do not appear to affect the definitions of protected works or the durations of protection.

DurationsEdit

Peruvian copyright law, signed under the Manuel Prado administration, had a 20 year protection over images starting on 1 January 1962. All images published in Peru prior to 1976, whose protection lasted until 1996 (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration), are in the public domain. The Peruvian copyright law of 23 April 1996, which entered in force on 24 May 1996, states in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law".[822/1996 Transitional Provision 1]

Based on the 1996 law,

  • The standard copyright term based on authors' deaths is life + 70 years.[822/1996 Art.52]
  • Collective works, computer programs and audiovisual works are protected for 70 years from publication or 70 years from creation if unpublished.[822/1996 Art.54]
  • Anonymous works are protected for 70 years after publication (if the author is never disclosed).[822/1996 Art.53]

The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the author’s death, or where appropriate that of the disclosure, publication or completion of the work.[822/1996 Art.56]

  • Performers' neighboring rights also last until 70 years after the death of the author.[822/1996 Art.135]
  • For phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission.[822/1996 Art.139.142]
  • Any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time).[822/1996 Art.143]
  • Simple photographs are protected for 70 years from publication.[822/1996 Art.144] Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.
  • The publication right lasts for 10 years from first publication of unpublished public domain works.[822/1996 Art.145]

Excluded from protectionEdit

The following are not eligible for copyright protection: (a) the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts in themselves, systems or the ideological or technical content of scientific works, or the industrial or commercial exploitation thereof; (b) official texts of legislative, administrative or judicial character, or official translations thereof, without prejudice to the obligation to respect the texts and mention the source; (c) news of the day, provided that, in the case of word-for-word reproduction, the source from which it has been taken shall be mentioned; (d) simple facts or data.[822/1996 Art.9]

Copyright tagsEdit

{{PD-old-70}} - For works by authors who died more than 70 years ago, or anonymous works made public more than 70 years ago.

CurrencyEdit

X mark.svg Not OK Peruvian currency is not exempted from copyright.[822/1996 Art.9] Law 26714, Article 256, prohibits reproducing bills and coins and distributing them for advertising or similar purposes in such a way as to create confusion or cause the reproductions to be used by third parties as if they were genuine currency[3]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Peru}} Based on the 1996 law,

  • The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.[26714/1992 Art.43(e)]
  • In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit his work shall be equivalent to unlawful use.[26714/1992 Art.43 (endnote)]

StampsEdit

Red copyright.svg The basic law on copyright in Peru is contained in Legislative Decree No. 822 of April 23, 1996. There is no special mention of stamps in this law.[822/1996 Art.9] Copyright lasts for 70 years from death, calculated from the 1 January following the year of death, or for 70 years from the year of disclosure for anonymous and pseudonymous works.[822/1996 Art.52–53]

There is no PD template for Peru so use {{PD-old-auto}} where applicable.

Threshold of originalityEdit

The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".[822/1996 Art.2(17)] Simple photographs have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Simple photographs are those which fail to meet the general definition of a "work".[822/1996 Art.144]

See alsoEdit

CitationsEdit

  1. a b Peru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Law (Legislative Decree No. 822). Peru (1996). Retrieved on 2018-11-08.
  3. Ley N° 26714 Modifícase los artículos 252° a 258° y 261° del Código Penal (Counterfeit currency offences) (in Spanish) (1996).
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

South Georgia and the South Sandwich Islands

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

Location of South Georgia and the South Sandwich Islands

South Georgia and the South Sandwich Islands is a British Overseas Territory in the South Atlantic Ocean. There are no permanent inhabitants. The governor of the Falkland Islands acts as head of state.

Presumably the copyright laws of the Falkland Islands would apply.

See alsoEdit

CitationsEdit

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

Suriname

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

BackgroundEdit

Suriname come under Dutch rule in the late 17th century. In 1954 Suriname became one of the constituent countries of the Kingdom of the Netherlands. On 25 November 1975, the country of Suriname became an independent state.

Suriname has been a member of the Berne Convention since 23 February 1977 and the World Trade Organization since 1 January 1995.[1]

As of 2019, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of March 22, 1913, laying down New Rules on Copyright (as amended up to Decree S.B No. 23 of 1981) as the main copyright law enacted by the legislature of Suriname.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law replaced Royal Decree of 11 May 1883 No. 39 (GB No. 11), but Article 11 of that decree remained in force for works and translations published before the 1913 law entered into force.[23/1981 Article 44]

The law was amended once more by act of 17 April 2015.[3] The consolidated copyright act is available on the Dutch Wikisource.

General rulesEdit

Under the Law of 1913, as amended up to the act of 17 April 2015,

  • Copyright expires after 50 years, starting from 1 January of the year following the year of death of the author, except as provided in the following articles.[23/1981 Article 38]
  • The duration of a joint copyright in a work, where two or more persons are joint creators, is calculated from 1 January of the year following the year of death of the last survivor.[23/1981 Article 38]
  • Copyright in anonymous works expires after 50 years, starting from 1 January of the year following that in which the first publication of the work has been carried out by or on behalf of the owner.[23/1981 Article 39]
  • The same applies to works in which a legal entity such as a public institution or company is the author, and to works that are first made public after the death of the author.[23/1981 Article 39]

Not protectedEdit

There is no copyright in general regulations as referred to in Article 2 of the Surinamese Constitution, issued by public power, nor in judgments and administrative decisions.[23/1981 Article 11]

Freedom of panoramaEdit

Symbol OK.svgOK. Under the Law of 1913, as amended up to the act of 17 April 2015,

  • There is no infringement by a report that records, reproduces and publicly communicates a limited portion of a work of literature, science or art insofar as this is necessary to show the event that is the actual subject matter of the report.[23/1981 Article 16bis]
  • There is no infringement of copyright in reproduction of a work that is permanently displayed or visible from a public road if the reproduction by its size or by the method in which it is made is clearly different from the original work. With buildings, this is limited to the exterior.[23/1981 Article 18]

CitationsEdit

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

Uruguay

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

Governing lawsEdit

Uruguay was colonized by the Spanish in the early 18th century, and gained independence between 1811 and 1828,

Uruguay has been a member of the Berne Convention since 10 July 1967, the Universal Copyright Convention since 12 April 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 October 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18.046 of October 24, 2006) as the main copyright law enacted by the legislature of Uruguay.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Law of 1937 as amended up to 2006,

  • Literary, scientific or artistic works are protected for 50 years after the death of the author. This duration is retroactive, so works may have entered the public domain and then returned to copyright protection.[18.046/2006 Article 14]
  • Posthumous works are protected for 50 years after death of the author, but fall into the public domain if not published, performed or exhibited in the 10 years following the death of the author.[18.046/2006 Article 14]
  • Anonymous and pseudonymous works are protected for 50 years from publication.[18.046/2006 Article 17]
  • Collective works are protected for 50 years after publication, or if they are not published for 50 years after making or disclosure [18.046/2006 Article 17]. Unless agreed to the contrary, authorization for use of an article, drawing, cartoon, caricature, photograph etc. in a periodical or magazine where the author is not an employee gives the publisher only the right to use it once. The other patrimonial rights of the assignor or licensor are safeguarded.[18.046/2006 Article 22–24]

Durations are calculated from 1 January of the year following death, making, publication or disclosure, as applicable.[18.046/2006 Article 17]

PrivacyEdit

A portrait of a person may not be put on the market without the express consent of such person, and upon his death, the death of his spouse, his children or his parents. A portrait may be freely published when it is made for scientific, didactic and, in general, cultural purposes or where this is related to facts or events of public interest which have taken place in public.[18.046/2006 Article 21]

Public domain: not freeEdit

Article 6 of Law No 17.616 of 10 January 2003 states that when works of art or sculpture that have fallen in the public domain are resold at auction, in a commercial establishment or through the agency of a broker or dealer, the sale is subject to payment of a tariff of 3% on the resale price.[18.046/2006 Article 11]

The Copyright Council shall administer and take care of literary and artistic assets incorporated in the public and the State domain.[2006 Article 61] The proceeds from fees, fines, etc., to which the public or the State domain are entitled, shall be intended preferably for the Services of Art and Culture.[18.046/2006 Article 62] Law 16.297 of 12 August 1992, Article 1, created the National Fund for the Dramatic Art. This supports and disseminates dramatic art throughout Uruguay using funds collected under Article 62.

Copyright tagsEdit

  • {{PD-Uruguay}} – for works in the public domain because their copyright has expired (50 years after the author's death).
  • {{PD-Uruguay-anon}} – for anonymous works published more than 50 years ago.

CurrencyEdit

X mark.svg Not OK. The Central Bank of Uruguay exclusively issues bank notes and mints coins throughout Uruguay.[3] State, municipality and public-law entities are holders of copyright, where, in any mode recognized by law, they acquire ownership of one of the works protected by the copyright law. State works have perpetual copyright.[18.046/2006 Article 40]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or promenades, provided that the works thereof are considered to be solidly lying in the private domain.[18.046/2006 Article 45.8]

CitationsEdit

  1. a b Uruguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18. 046 of October 24, 2006). Uruguay (2006). Retrieved on 2018-11-08.
  3. Billetes y Monedas. Banco Central del Uruguay. Retrieved on 2019-01-22.
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:Venezuela

Venezuela

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

BackgroundEdit

Venezuela was colonized by Spain in 1522. In 1811 it became one of the first Spanish-American territories to declare independence, at first as a department of the federal republic of Gran Colombia. Venezuela gained full independence in 1830.

Venezuela has been a member of the Universal Copyright Convention since 30 September 1966, the Berne Convention since 30 December 1982 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1993 Law on Copyright as the main IP law enacted by the legislature of Venezuela.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the 1993 Law on Copyright,

  • Copyright subsists for the lifetime of the author and expires after 60 years counted from January 1 of the year following his death, including the copyright in works not disclosed in his lifetime.[1993 Article 25]
  • For works of joint authorship, the 60 years referred to in the foregoing Article are counted as from January 1 of the year following that of the death of the last surviving coauthor.[1993 Article 26]
  • Nevertheless, the right of exploitation in an audiovisual work, a broadcast work or a computer program expires after 60 years counted from January 1 of the year following that of the first publication thereof or, failing that, of its completion.[1993 Article 26]
  • The copyright in anonymous or pseudonymous works expires after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]
  • For photographs and also reproductions and prints obtained by a comparable process rights expire after 60 years following the disclosure of the work, or 60 years after having been made if they have not been disclosed during that period. Such periods are counted from January 1 of the year following that of disclosure or making, as the case may be.[1993 Article 38]

Not protectedEdit

The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.[1993 Article 4]

Copyright tagsEdit

  • {{PD-Venezuela}} – generally 60 years after the author's death with the exception of audiovisual works, broadcast works and computer programs, in which case the protection lasts for 60 years after publication.
  • {{PD-VenezuelaGov}} – for the "texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts."

Freedom of panoramaEdit

Symbol OK.svgOK. {{FoP-Venezuela}} Under the 1993 Law on Copyright,

  • The following shall be considered lawful reproductions: ... the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations.[1993 Article 44(9)]

StampsEdit

Red copyright.svg Stamps are not mentioned in the Law on Copyright 1993, and do not qualify as an excluded category.[1993 Article 4] Copyright lasts for 60 years from death, calculated from the 1 January following the year of death [1993 Article 25]. The copyright in anonymous or pseudonymous works shall expire after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]

Use template {{PD-Venezuela}} where applicable.

See alsoEdit

CitationsEdit

  1. a b Venezuela (Bolivarian Republic of) Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright. Venezuela (1993). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer