Commons:Copyright rules by territory/Consolidated list South America (Southern Cone)

This page provides an overview of copyright rules in different countries and territories of the Southern Cone of South America, and covers Argentina, Chile, Uruguay and Paraguay, with the addition of the Falkland Islands and South Georgia and the South Sandwich Islands. The overview is "transcluded" from individual pages giving the rules for each country or territory. The list may be used for comparison or maintenance.

Text transcluded from
COM:Argentina

Argentina

Copyright rules: Argentina Shortcut: COM:ARGENTINA
Durations
Standard	Life + 70 years
Photograph	Create + 25 years & Publish + 20 years
Anonymous	Publish + 50 years
Audiovisual	Life + 50 years
Applied art	Create + 25 years
Other
Freedom of panorama	For buildings
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-AR-Photo}} {{PD-AR-Movie}} {{PD-AR-Anonymous}} {{PD-AR-Gov}}
ISO 3166-1 alpha-3	ARG
Treaties
Berne convention	10 June 1967
Univ. Copyright Convention	13 February 1958
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of 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.

Background

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.

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

General rules

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 durations

• 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).

Copyright tags

• {{PD-AR-Photo}} – for Argentinian photographs first published more than 25 years ago. A proper source and date of publications has to be provided.
• {{PD-AR-Movie}} – for Argentinian and cinematographic works 50 years after the death of the script writer, the producer and the director.
• {{PD-AR-Music}} – for Argentinian music first published more than 70 years ago, and for free music performances done by musical ensembles belonging to the national, provincial or municipal governments.
• {{PD-AR-Anonymous}} – for anonymous works belonging to an institution, corporation or legal entity, registered in Argentina published 50 years ago or more.
• {{PD-AR-Signs}} – for road signs published in laws or other regulations.
• {{PD-AR-Deputies}} – for contents from the Argentine Deputies Chamber website.
• {{PD-AR-Senate}} - for contents from the Argentine Senate website.
• {{CC-AR-Presidency}} - for contents from the Presidency of Argentina website after 9 December 2015.
  • {{CC-AR-Presidency-old}} - for contents from the Presidency of Argentina website before 9 December 2015.
• For all other works 70 years after the death of the author, {{PD-old}} applies.
• Local governments tags:
  • {{CC-AR-GCBA}} - for contents from the Government of Buenos Aires City website.
  • {{PD-AR-BALegislature}} - for contents from the Buenos Aires's City Legislature website before 14 August 2022.
  • {{Cc-by-2.5-ar}} - for contents from the Bahía Blanca Partido website.
  • {{CC-AR-GobEntreRíos}} - for contents from the Secretariat of Communication of the Government of Entre Ríos website.
  • {{CC-AR-GobRíoNegro}} - for contents from the Government of Río Negro Province website.
  • {{CC-AR-GobSantaFe}} - for contents from the Government of Santa Fe Province website.
  • {{CC-AR-MunicipalidadCórdoba}} - for contents from the Municipality of Córdoba website before 28 September 2020.
  • {{CC-AR-MunicipalidadMendoza}} - for contents from the Municipality of Mendoza website before 28 March 2022.
  • {{Municipalidad de Rosario}} - for contents from the Municipality of Rosario website.
• Political parties tags:
  • {{Unión Cívica Radical}} - for contents from the Radical Civic Union website.
  • {{CC-AR-PartidoObrero}} - for contents from the Workers' Party website.
• News websites tags:
  • {{CC-AR-PrensaObrera}} - for contents from the Workers' Press website.
  • {{CC-AR-ANRed}} - for contents from the ANRed website.

Currency

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

Freedom of panorama

Argentina has no "freedom of panorama" provision in its copyright law. 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)

In accordance with this discussion from July 2010, this de facto freedom of panorama for architecture in Argentina is acceptable on Wikimedia Commons:

• OK for buildings {{FoP-Argentina}}
•  Not OK for sculpture and other works

As recent as 2022, this de facto freedom of panorama for Argentine architecture is brought to some skepticism, see these relevant discussions from December 2022 and from September 2023.

Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for Law No. 11.723, one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).

Stamps

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.

Threshold of originality

The creations are subject to a threshold of originality that distinguishes them from others by giving their personal imprint.

See also

• Argentina
• Category:Argentine FOP cases
• Category:License tags of Argentina
• Category:Stamps of Argentina

Citations

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

Text transcluded from
COM:Chile

Chile

Copyright rules: Chile Shortcut: COM:CHILE
Durations
Standard	Life + 70 years
Anonymous	Create/publish + 70 years
Other
Freedom of panorama	For most works permanently located in "squares, avenues and public places."
Common licence tags	{{PD-Chile}} {{PD-Chile-doc}}
ISO 3166-1 alpha-3	CHL
Treaties
Berne convention	5 June 1970
Univ. Copyright Convention	16 September 1955
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of 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.

Background

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.

As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 17.336 on Intellectual Property (as amended up to Law No. 21045 of November 3, 2017 as the main IP law enacted by the legislature of Chile. WIPO holds the text of this law in their WIPO Lex database.

General rules

As of the 2017 revision:

• Protection lasts for the author's life, then for 70 years after the date of death.^{[17.336/2017 Art.10]}
• Works made for hire are protected for 70 years from first publication.^{[17.336/2017 Art.10]}
• For collaborative works, the term of 70 years runs from the death of the last surviving co-author.^{[17.336/2017 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.^{[17.336/2017 Art.13]}

Not protected

The common cultural heritage includes.^{[17.336/2017 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 tags

• {{PD-Chile}} – for works in the public domain according to Chilean law (see: Template talk:PD-Chile).

Currency

 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.^{[17.336/2017 Art.78]}

Freedom of panorama

• OK for most works permanently located in "squares, avenues and public places." {{FoP-Chile}}
•  Not OK for copyrighted literary works, as such works are in a separate category – Article 3(1) and (2) – as opposed to lithography (Article 3(7)), finished architectural projects (Article 3(9)), two-dimensional works (Article 3(11)), and three-dimensional works (Article 3(12)).

The Chilean copyright law 17336 provides freedom of panorama for architectural and artistic works:

• The reproduction of architectural works by means of photography, film, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education, is free and is not subject to to remuneration, provided that it is not in a separate, complete or partial collection, without authorization of the author.^{[17.336/2017 Art.71F]}
• Art. 1 Nº 8 Likewise, reproduction through photography.^{[17.336/2017 Art.71F]}
• Drawing or any other procedure, of monuments, statues and, in general, artistic works that permanently adorn squares, avenues and public places, is free and is not subject to remuneration, the publication and sale of the reproductions being lawful.^{[17.336/2017 Art.71F]}

Threshold of originality

Registration in the Intellectual Property Registry generates a "presumption" of copyright in favor of the registrant. Any work may be registered for "presumed" copyright, but Law No. 17.336 clearly states the "presumed" copyright may be contested. That is because, as established in "Astorga Sánchez José / Inversiones C. S. A.", C-2470-2009, 17.° Juzgado Civil de Santiago (28 October 2011), the Intellectual Property Conservator (Conservador) only makes the deposit of the documents into the registry, does not make an examination of their originality, or to determine whether the deposited documents are works or not, and so certificates of intellectual property generated by the Intellectual Property Registry do not establish that a work is new, original or viceversa. The Conservator of Intellectual Property expressed in 2011 it is up to the judicial system "to carry out an originality test to define whether the creation is indeed a particular manifestation of human ingenuity that can be classified as original compared to other equivalent creations, analyzed from a subjective perspective, that is, that the imprint or trace of the author can be perceived, that allows it to stand out from others". Such pronouncement was adhered to by the 17th civil judge of Santiago.

See also

• Chile
• Category:Chilean FOP cases
• Category:License tags of Chile
• Template talk:PD-Chile

Citations

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

Text transcluded from
COM:Paraguay

Paraguay

Copyright rules: Paraguay Shortcut: COM:PARAGUAY
Durations
Standard	Life + 70 years
Photograph	Simple: Create + 50 years Work: Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Paraguay}}
ISO 3166-1 alpha-3	PRY
Treaties
Berne convention	2 January 1992
Univ. Copyright Convention	11 March 1962
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of 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.

Background

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.

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. SICE, part of the Organization of American States, holds the Spanish text of this law. WIPO holds an English translation of this law in their WIPO Lex database.

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 rules

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.

Not protected

"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-free

See also: Commons:Paying public domain

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]}

Currency

 Probably Not OK. Paraguayan currencies are presumed to be copyrighted.

See also: Category:Paraguayan currency-related deletion requests

Freedom of panorama

OK {{FoP-Paraguay}} 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]}

Stamps

: 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]}

Citations

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

Text transcluded from
COM:Uruguay

Uruguay

Copyright rules: Uruguay Shortcut: COM:URUGUAY
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Uruguay}} {{PD-Uruguay-anon}}
ISO 3166-1 alpha-3	URY
Treaties
Berne convention	10 July 1967
Univ. Copyright Convention	12 April 1993
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	20 October 2006
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of 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 laws

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.

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

In 2019, the term was extended from 50 to 70 years. This extension applies retroactively. Therefore, works by authors who died between 1949 and 1968 would no longer be in the public domain.

General rules

Under the Law of 1937 as amended up to 2006 and 2019,

• Literary, scientific or artistic works are protected for 70 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 70 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 70 years after publication, or if they are not published for 70 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]}

Privacy

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 free

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 tags

• {{PD-Uruguay}} – for works in the public domain because their copyright has expired (70 years after the author's death).
• {{PD-Uruguay-anon}} – for anonymous works published more than 70 years ago.

Currency

 Not OK. The Central Bank of Uruguay exclusively issues bank notes and mints coins throughout Uruguay. 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 panorama

OK {{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or public promenades, provided that the works in question are considered to be outside the private domain.^{[18.046/2019 Article 45.8]}

Uruguayan freedom of panorama is applicable to images of copyrighted architecture, monuments, and public art found in public spaces as well as within museums, provided that the said works are dedicated for public view and not confined to a particular private owner ("dominio privado").

See also Commons talk:Freedom of panorama/Archive 7#Statues images for the discussion on the Uruguayan FoP.

See also: Category:Uruguayan FOP cases.

Citations

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

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COM:Falkland Islands

Falkland Islands

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

Copyright rules: Falkland Islands Shortcut: COM:FALKLAND ISLANDS
Durations
Standard	Life + 50 years
Photograph	Publish + 50 years
Anonymous	Publish + 50 years
Other
Freedom of panorama	For architecture, sculptures, and works of artistic craftsmanship
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}}
ISO 3166-1 alpha-3	FLK
Treaties
Berne convention	5 December 1887
Univ. Copyright Convention	27 September 1957
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of 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 Falkland Islands 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 Falkland Islands, refer to the relevant laws for clarification.

Background

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, though Argentine remains claiming sovereignty here. 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). The United Kingdom government holds a copy of this act as originally enacted.

General rules

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 panorama

OK (for architecture, sculptures, and works of artistic craftsmanship) and  Not OK (for other types of artistic works), in the similar manner and rules as the United Kingdom freedom of panorama.

The Copyright Act 1956 c. 74 provides freedom of panorama at Section 9, General exceptions from protection of artistic works.

• The copyright in a work to which this subsection applies 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.^{[1956 Sec.9(3)]}

• (This subsection [Sec.9(3)] applies to sculptures, and to such works of artistic craftsmanship as are mentioned in paragraph (c) of subsection (1) of section three of this Act.)

• 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.^{[1956 Sec.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.^{[1956 Sec.9(5)]} (de minimis inclusion of works not permanently situated in public spaces only in television and films)

• The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of any of the three last preceding subsections the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.^{[1956 Sec.9(6)]}

See also

• Falkland Islands
• Commons:Copyright rules by territory/British Overseas Territories
• Commons:Copyright rules by territory/United Kingdom

Citations

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

Text transcluded from
COM:South Georgia and the South Sandwich Islands

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.

Copyright tags

Further information: Commons:Copyright rules by territory/Falkland Islands#TAG

Currency

Further information: Commons:Copyright rules by territory/Falkland Islands#CUR

Freedom of panorama

Further information: Commons:Copyright rules by territory/Falkland Islands#FOP

Stamps

Further information: Commons:Copyright rules by territory/Falkland Islands#Stamps

See also

• South Georgia and the South Sandwich Islands
• Commons:Copyright rules by territory/British Overseas Territories
• Commons:Copyright rules by territory/Falkland Islands

Citations

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