Open main menu

Commons:Copyright rules by territory/Consolidated list Southeastern Asia


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

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

Contents

Text transcluded from
COM:Brunei

Brunei

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

BackgroundEdit

The Bruneian Empire once controlled a large part of the island of Borneo, but in the 19th century lost most of its territory to the Dutch and British. In 1888 what remained of Brunei became a British protectorate. Brunei regained independence on 1 January 1984.

Brunei has been a member of the Berne Convention since 30 August 2006, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 2 May 2017.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Emergency (Copyright) Order, 1999 as the main copyright law issued by the Executive of Brunei.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

A work first published in Brunei will be in the public domain because its copyright protection has expired by virtue of the Emergency (Copyright) of 1999 if it meets one of the following criteria:

  • Literary, dramatic, musical or artistic works:
    • Computer-generated: 50 years from creation.[1999 14(3)]
    • Anonymous/pseudonymous: 50 years from creation.[1999 14(2)]
    • Other: 50 years from death of (last known) author(s).[1999 14(1)]
  • Sound recording or film: 50 years from publication or creation (whichever date is later) [1999 Sec.15]
  • Broadcast or cable program: 50 years from publication.[1999 Sec.16(1)]
  • Government work
    • Published with 75 years of creation: 50 years from publication.[1999 167(1)(3)(b)]
    • Otherwise: 125 years from creation.[1999 167(1)(3)(a)]
  • Legislative council work: 50 years from creation.[1999 169(3)]
  • Act or order
    • 50 years from assent of an act.[1999 168(2)]
    • 50 years from creation of an emergency order.[1999 168(3)]

Copyright tagsEdit

Freedom of panoramaEdit

Symbol OK.svgOK for 3D works. X mark.svg Not OK for 2D. Under the Emergency (Copyright) Order, 1999 of Brunei Darussalam,

  • It is not a copyright infringement to make graphic representations, take photographs, broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship given that the object is permanently situated in a public place, nor to reproduce aforementioned works to the public.[1999 Section 66]
  • "Work of artistic craftsmanship" is defined separately from "graphic work".[1999 Section 6] "Graphic work" includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work.[1999 Section 6] These works are not covered by the Section 66 exception.[1999 Section 66]

CitationsEdit

  1. a b Brunei Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Emergency (Copyright) Order, 1999. Brunei (1999). Retrieved on 2018-11-03.
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:Cambodia

Cambodia

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

BackgroundEdit

Cambodia became a protectorate of France in 1863, and regained independence on 9 November 1953.

Cambodia has been a member of the World Trade Organization since 13 October 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Cambodia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to Cambodia's Law on Copyright and Related Rights, 2003,

  • The protection of economic right starts from the date of the creation of a work and covers the life of the author, and the whole 50 years following his/her decease. In the case of a work of collaboration, the economic rights shall be protected during the life of the last surviving author and for 50 years after his/her death.[2003 Article 30]
  • For anonymous and pseudonymous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation. If the identity of the author is revealed or is established beyond doubt of the public before this period of expiration, copyright instead expires 50 years after the death of the author.[2003 Article 31]
  • For collective, audiovisual, or posthumous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation.[2003 Article 31]

Not protectedEdit

The following works shall not have under any protection by this law: a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations; b- Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations; Court decision or other court warrants; d- translation of the materials mentioned in the preceding paragraphs; e- Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work.[2003 Article 10]

Copyright tagsEdit

  • {{PD-Cambodia}} - Works where the (last surviving) author has been dead for over 50 years. Collective, anonymous, pseudonymous or collective audio-visual works 75 years after creation or publication.[2003 Article 30–31]
  • {{PD-CambodiaGov}} - ineligible for copyright because it is one of: "Constitution, Law, Royal Decree, Sub-Decree, ... other Regulation, ... Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations" and "Court decision or other court warrants" including translations thereof or "Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work."[2003 Article 10]

Freedom of panoramaEdit

X mark.svg Not OK - Copyright protection will be from the creation of work + life of the author + 50 years after his/her death.[2003 Article 30]

Freedom of panorama is only allowed for incidental inclusion: "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle subject for subsequent reproduction."[2003 Article 25]

StampsEdit

X mark.svg Not OK - Stamps are not among the government documents exempt from copyright.[2003 Article 10] They may count as anonymous or collective works, in which case copyright expires 75 years after publication. If the author is known, presumably they are protected for life + 50 years.[2003 Articles 31]

See alsoEdit

CitationsEdit

  1. a b Cambodia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright and Related Rights. Cambodia (2003). 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:East Timor

East Timor

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

BackgroundEdit

East Timor, the eastern part of the island of Timor, was a Portuguese colony until November 1975, when it declared independence. Indonesia invaded East Timor a few days later, and in 1976 it was declared a province of Indonesia. After a prolonged struggle for independence Indonesia relinquished control in 1999 and East Timor (Timor Leste) became a sovereign state on 20 May 2002.[1]

Governing lawsEdit

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any laws enacted by the legislature of East Timor that directly defined IP rules.[2] The rules applicable to Portuguese colonies or to Indonesia should be considered for works created prior to 1999. For later works, only works with a free licence such Creative Commons Attribution-ShareAlike 3.0 Unported License should be uploaded to Wikimedia Commons.

See alsoEdit

CitationsEdit

  1. East Timor profile - Timeline. BBC. Retrieved on 2018-11-05.
  2. Timor-Leste Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
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:Indonesia

Indonesia

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

BackgroundEdit

The Dutch East Indies was a colony of the Netherlands until 1949, when it gained independence as Indonesia. East Timor (Timor-Leste) broke away from Indonesia and became officially independent on 20 May 2002.

Indonesia has been a member of the World Trade Organization since 1 January 1995, the Berne Convention since 5 September 1997 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 of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright as the main IP law enacted by the legislature of Indonesia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Law of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright,

  • The standard copyright term for literary, musical, fine art and architectural works is the author's life + 70 years.[58/2014 Article 58(1)]
  • For works of joint authorship, protection lasts for the life of the last surviving author + 70 years.[58/2014 Article 58(2)]
  • For works authored by legal entities, protection lasts for 50 years from publication.[58/2014 Article 58(3)]
  • A term of 50 years from publication applies to anonymous or pseudonymous work.[58/2014 Article 60(2)]
  • For photographs, portraits, cinematographic works, derived works and collected works, copyright lasts for 50 years from publication.[58/2014 Article 59(1)]
  • For works of applied art protection lasts for 25 years since the first publication.[58/2014 Article 59(2)]

Photographic works from Indonesia published before 1971 may be in the public domain in the United States if they were published without a copyright notice and not published in the US within 30 days after their Indonesian publication. Law No. 6 of April 12, 1982 concerning Copyright, as amended by Law No. 7 of September 19, 1987, the copyright law in effect at the time of the URAA, prescribed a 25-year post-publication copyright for photographic works, so works published before 1971 would have been public domain at the time of the URAA.

Since 2014, Indonesia has changed It's copyright regulation from Law of the Republic of Indonesia No. 28 of September 16, 2002, on Copyright to Law of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright. According to article number 124 of Law of the Republic of Indonesia No. 28 of September 16, 2002, on Copyright, At the time this Act comes into force, Act No. 19 of 2002 on Copyright (State Gazette of the Republic of Indonesia Year 2002 Number 85, Supplement to State Gazette of the Republic of Indonesia Number 4220) is revoked and declared invalid. See "Category:PD Indonesia license tags" to check expired PD Indonesia copyright tags.

Not protectedEdit

Indonesian Copyright Act No. 28, 2014 is based on Netherlands law and retains the same distinction between works with "no copyright" and works that may be used "without infringement of Copyright".

According to Article 42, the following works have no copyright: result of open meetings of State institutions; laws and regulations; State speeches or speeches of government officials; court decisions or judge provisions; scriptures or religious symbols. These works are in the public domain and should be tagged with {{PD-IDNoCopyright}}.

According to Article 43, Acts that are not considered as Copyright infringements include:

  • Publication, Distribution, Communication, and/or Reproduction of State emblems and national anthem in accordance with their original nature;
  • Any Publication, Distribution, Communication, and/or Reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when Publication, Distribution, Communication, and/or Reproduction to such Works are made.
  • Taking of actual news, either in whole or in part from a news agency, Broadcasting Organization, and newspaper or other similar sources provided that the source is fully cited;
  • Production and distribution of the Copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.
  • Reproduction, Publication, and/or Distribution of Portraits of the President, Vice President, former Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/non-ministerial government agencies, and/or the heads of regions by taking into account the dignity and appropriateness in accordance with the provisions of laws and regulations.

These works may be uploaded to Commons and tagged with {{PD-IDGov}}.

Copyright tagsEdit

  • {{PD-IDGov}} – Indonesian public domain because the artwork/file was published and/or distributed by the government of Republic of Indonesia and fulfills the conditions of Chapter II, Section 5, Article 14 of the Indonesian Copyright Act No. 19, 2002, see Commons:Licensing.
  • {{PD-IDOld-Art29}} – Indonesia public domain of old writings, music, arts, architecture, lectures, maps and translation products.
  • {{PD-IDOld-Art30}} – Indonesian public domain of old pictures, movies, software and other engineered products.
  • {{PD-IDOld-Art58}} – Public domain because its copyright has expired according to Article 58 of the 2014 Law
  • {{PD-IDOld-Art59}} – Public domain because its copyright has expired according to Article 59 of the 2014 Law
  • {{PD-IDUnknown}} – Public domain because its copyright has expired according to section (2) and (3) from Articles 60
  • {{PD-IDNoCopyright}} – no copyright according to Article 42 of the Indonesia Copyright Law No 28, 2014

CurrencyEdit

✓OK Article 14b of the Indonesian Copyright Act No. 19, 2002 states that "publication and/or reproduction of anything which is published by or on behalf of the Government, except if the Copyright is declared to be protected by law or regulation or by a statement on the work itself or at the time the work is published" is not an "infringement of Copyright". Indonesian banknotes are issued by Bank Indonesia and its predecessor Bank Negara Indonesia, which from 1953 to 1968 was "a corporate body belonging to the state" (Act No.11 of 1953), from 1968 to 1999 "belongs to the state" (Act No.17 of 1968) and from 1999 onwards is "a state institution:, and they thus fall under the aegis of Article 14b.[3]

Please use {{PD-IDGov}} for images of Indonesian currency.

Freedom of panoramaEdit

X mark.svg Not OK, with exception on educational purpose and non-commercial use. There is no freedom of panorama under the Indonesian Copyright Act No. 28, 2014 (Chapter VI Copyright Limitations, Articles 43-51).

StampsEdit

Public domain use {{PD-IDGov}}.

See alsoEdit

CitationsEdit

  1. a b Indonesia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright. Indonesia (2014). Retrieved on 2018-11-08.
  3. Act No.23 of 1999 concerning Bank Indonesia, Article 4(2).
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:Laos

Laos

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

BackgroundEdit

Laos became a French protectorate in 1893 and regained independence on 22 October 1953.

Laos has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 14 March 2012 and the World Trade Organization since 2 February 2013.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 38/NA of November 15, 2017, on Intellectual Property as the main IP law enacted by the legislature of Laos.[1] WIPO holds the Lao language text of this law in their WIPO Lex database.[2] As of 2018, SBLAW of Vietnam provided an English language version of the 2017 IP law on their website.[3]

The new law does not include radical changes, but clarifies that broadcasts may be made over new technologies such as WiFi and the Internet.[4] "This law supersedes the Law on Intellectual Property No. 01/NA dated December 20, 2011, and regulations and provisions which contradict this law, are hereby repealed".[38/NA/2017 Article 170]

The former governing law was the Law No. 08/NA of December 24, 2007, on Intellectual Property, in force on April 14, 2008.[5]

General rulesEdit

Under Law No. 38/NA of November 15, 2017, on Intellectual Property, the term of copyright shall begin on the date the work is created and shall continue to the end of the calendar year of the dates described below:

  • Except as otherwise provided in this article, 50 years after the date of death of the author, or for a work of joint authorship, fifty years after the date of death of the last surviving author.[38/NA/2017 Article 113.1]
  • For anonymous or pseudonymous works, 50 years from the date the work was lawfully made available to the public.[38/NA/2017 Article 113.2]
  • For a cinematographic work, 50 years from the date the work was made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, fifty years from the making.[38/NA/2017 Article 113.3]
  • For applied art, 25 years from the date of creation.[38/NA/2017 Article 113.4]

Not protectedEdit

The following are ineligible for copyright protection: 1. News of the day or miscellaneous facts having the character of mere items of press information; 2. Ideas, procedures, methods of operation or mathematical concepts as such; 3. Official texts of a legislative, administrative and legal nature, and official translations of such texts.[38/NA/2017 Article 94]

Copyright tagsEdit

{{PD-Laos}} – Work first published in Laos and now in the public domain because its copyright protection has expired.

Freedom of panoramaEdit

X mark.svg Not OK. Law No. 38/NA of November 15, 2017, on Intellectual Property allows only incidental use:

  • "reproducing, by photography or cinematography, images of works of fine art, photographs, and other artistic works, and works of applied art, provided such works have already been published, publicly displayed, or communicated to the public, where such reproduction is incidental to the photographic or cinematographic work and is not the object of the photographic or cinematographic work."[38/NA/2017 Article 115.3]
  • "For the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire, literary or artistic works seen or heard in the course of the event may, to the extent justified by the informatory purpose, be reproduced and made available to the public. The above acts shall not conflict with a normal exploitation of the work and shall not unreasonably prejudice the legitimate interests of the author."[38/NA/2017 Article 115]

StampsEdit

Copyrighted. Law No. 38/NA of November 15, 2017, on Intellectual Property does not mention stamps, and nothing that could be interpreted as stamps is included in the list of unprotected works.[38/NA/2017 Article 94]

See alsoEdit

CitationsEdit

  1. a b Lao People's Democratic Republic Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 38/NA of November 15, 2017, on Intellectual Property (in Lao). Laos (2017). Retrieved on 2018-11-08.
  3. Law No. 38/NA Law on Intellectual Property (Amended). National Assembly. Retrieved on 2018-12-18.
  4. Tilleke & Gibbins (May 25, 2018) New Law Reforms Lao Intellectual Property Regime[2], Laos
  5. Law No. 08/NA of December 24, 2007, on Intellectual Property. Laos (2007). Retrieved on 2018-011-10.
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:Malaysia

Malaysia

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

BackgroundEdit

The territory that is now Malaysia was formed from several Malay states that became subject to Britain as the Straits Settlements. Peninsular Malaya regained independence on 31 August 1957, and united with North Borneo, Sarawak, and Singapore on 16 September 1963 to become Malaysia. Singapore left the federation in 1965.

Malaysia has been a member of the Berne Convention since 1 October 1990, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 27 December 2012.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1987 (Act 332, as at 1 January 2006) as the main copyright law enacted by the legislature of Malaysia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by the Copyright (Amendment) Act 2012. The 2012 act does not appear to affect the definitions of works or terms of protection.[3]

The 1987 Act did not revive expired copyrights: "... this Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made after the commencement of this Act: Provided that this section shall not be construed as reviving any copyrights which had expired before the commencement of this Act.[332/2006 Section 2(1)]

General rulesEdit

Under Copyright Act 1987 (Act 332, as at 1 January 2006),

  • Except as otherwise provided, copyright in a literary, musical or artistic work subsists during the life of the author and for 50 years after his death.[332/2006 Section 17(1)]
  • Where a literary, musical or artistic work had not been published before the death of the author, copyright subsists for 50 years from the year in which the work was first published.[332/2006 Section 17(2)]
  • Where a literary, musical or artistic work is published anonymously or under a pseudonym, copyright subsists for 50 years from the year in which the work was first published, made available to the public or made, whichever is the latest.[332/2006 Section 17(3)]
  • In this section, a reference to "author" shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.[332/2006 Section 17(4)]
  • Copyright subsists in a published edition for 50 years from the year in which the edition was first published.[332/2006 Section 18]
  • Copyright subsists in a sound recording for 50 years from the year in which the recording was first published or, if the sound recording has not been published, from the year of fixation.[332/2006 Section 19]
  • Copyright subsists in a broadcast for 50 years from the year in which the broadcast was first made.[332/2006 Section 20]
  • Copyright subsists in a film for 50 years from the year in which the film was first published.[332/2006 Section 22]
  • Copyright subsists in every work which is eligible for copyright and which is made by or under the direction or control of the Government and such Government organizations or international bodies as the Minister may by order prescribe.[332/2006 Section 11] Copyright in works of the Government, Government organizations and international bodies subsists for 50 years from the year in which the work was first published.[332/2006 Section 23]
  • Regardless of the above, the texts of laws, judicial opinions, and government reports are always free from copyright.[332/2006 Section 3 (definition of literary work)]

All 50-year durations are computed from the beginning of the calendar year next following the year in which the work was first published or made. In other words, as of 2019, works published prior to 1 January 1969 are now in the public domain.

Copyright tagsEdit

CurrencyEdit

X mark.svg Not OK According to the Bank Negara Malaysia, "You are not allowed to reproduce the Malaysian currency. It is also illegal for you to use any photograph, drawing or design of any note, coin or any part of the note or coin, of any size, scale or colour, in any advertising or on any merchandise or products, which are manufactured, sold, circulated or distributed except with the permission of BNM".[4]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Malaysia}}

According to Malaysian Copyright Act 1987, the right of control is excluded from "the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[332/2006 Section 13(2)(d)] Section 3 defines "artistic work" as any graphic work, photograph, sculpture, collage, and work of architecture or artistic craftsmanship. Layout-designs of integrated circuits are not artistic works.

For the meaning of the term works of artistic craftsmanship, see "United Kingdom – Freedom of panorama".

StampsEdit

Red copyright.svg According to article 23 of The Copyright Act 1987 (act 332), works by the Government Organizations are subject to copyright until the beginning of the year following 50 years after publication, so only stamps more than 50 years old may be uploaded and they should use the template {{PD-Malaysia}}. This applies until 1992 when the Malaysian post office was corporatized as Pos Malaysia, so the normal artistic copyright term likely applies (life plus 50 years), unless as a corporate work the term of publish plus 50 years applies.

See alsoEdit

CitationsEdit

  1. a b Malaysia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act 1987 (Act 332, as at 1 January 2006). Malaysia (2006). Retrieved on 2018-11-08.
  3. Copyright (Amendment) Act 2012. Malaysia (2012). Retrieved on 2018-11-10.
  4. GENERAL INFORMATION: The Malaysian Currency 3. Bank Negara Malaysia. Retrieved on 2019-01-28.
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:Myanmar

Myanmar

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

BackgroundEdit

Burma became a British colony after 1886. The country regained independence on 4 January 1948. Its official name was changed to Myanmar in 1989, although the name Burma is still widely used.[1]

Myanmar has been a member of the World Trade Organization since 1 January 1995.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright Act of 1911, promulgated in 1914, as the main copyright law enacted by the legislature of Myanmar.[2] WIPO holds the text of the Burma Copyright Act of 1914 in their WIPO Lex database. This incorporates the United Kingdom Copyright Act of 1911 with some modifications concerning administration.[3]

SummaryEdit

According to the Copyright Act 1914 of Burma,

  • For photographs, copyright expires 50 years after the date that the original negative from which the photograph was directly or indirectly derived was made.[1914 Section 21]
  • For original literary, dramatic or musical works, or an engraving, published in the author's lifetime, or an artistic work (other than an engraving or photograph) published in the author's lifetime or afterwards: 50 years have passed since the date of the author's death.[1914 Section 3]
  • The copyright in a work of joint authorship expires 50 years after the death of the author who first dies, or upon the death of the author who dies last, whichever period is longer.[1914 Section 3, 16(1)]
  • With an original literary, dramatic or musical work or an engraving that was not published, or performed or delivered in public in the author's lifetime, copyright expires after 50 years have passed since the date when the work was published, or performed or delivered in public, whichever occurs first.[1914 Section 17(1)] If the work is of joint authorship, it must not have been published, or performed or delivered in public, in the lifetime of the author who died last.[1914 Section 17(1)]
  • For a work prepared by or published by or under the direction or control of any government department, copyright expires when 50 years have passed since the date when the work was first published.[1914 Section 18]

Copyright tagsEdit

Freedom of panoramaEdit

Symbol OK.svgOK for 3D works, buildings and models of buildings; X mark.svg Not OK for most 2D works. According to the Burma Copyright Act 1914,

  • It is not an infringement of copyright to make or publish paintings, drawings, engravings or photographs of (1) a work of sculpture or artistic craftsmanship permanently situated in a public place, or (2) an architectural work of art (except that architectural drawings or plans may not be copied).[1914 Section 2(1){iii)]
  • "Artistic work" is defined as including "works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art and engravings and photographs", which suggests that works of artistic craftsmanship do not include paintings, drawings, sculptures, engravings, photographs and architectural works of art.[1914 Section 35(1)]
  • An "architectural work of art" is any building or structure having an artistic character or design or any model for such building or structure, but does not include processes or methods of construction.[1914 Section 35(1)]

StampsEdit

Red copyright.svg Under S.18 of the Copyright Act of 1911 (promulgated 1914 and sometimes known as the 1914 Act), Government works of Myanmar are copyright for 50 years from first publication (before 1 January 1969).

CitationsEdit

  1. Should it be Burma or Myanmar?. BBC (26 September 2007). Retrieved on 2019-01-27.
  2. a b Myanmar Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  3. Copyright Act of 1911. Burma (1914). 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:Philippines

Philippines

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

BackgroundEdit

The Philippines archipelago was colonized by Spain from the 16th century. The country declared independence after the Spanish American War of 1898. Spain had ceded the Philippines to the United States, which recolonized the country in 1899–1902. The Philippines regained independence on 4 July 1946.

The Philippines has been a member of the Berne Convention since 1 August 1951, the Universal Copyright Convention since 19 November 1955, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 October 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition) as the main IP law enacted by the legislature of the Philippines.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to the IP Code of the Philippines (Act No. 8293) (2015 Edition),

  • Literary and artistic works works are protected during the life of the author and for 50 years after his death. This rule also applies to posthumous works.[8293/2015 Section 213.1]
  • Works of joint authorship are protected during the life of the last surviving author and for 50 years after his death.[8293/2015 Section 213.2]
  • Anonymous or pseudonymous works where the author's identity is not revealed are protected for 50 years from the date on which the work was first lawfully published, or if the work is not published for 50 years from the making of the work.[8293/2015 Section 213.3]
  • Works of applied art are protected for 25 years from the date of making.[8293/2015 Section 213.4]
  • Photographic works are protected for 50 years from publication of the work and, if unpublished, for 50 years from the making.[8293/2015 Section 213.5]
  • Audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings, the term is 50 years from date of publication and, if unpublished, from the date of making.[8293/2015 Section 213.6]
  • The terms of protection provided in section 213 are always be deemed to begin on the first day of January of the year following the event which gave rise to them.[8293/2015 Section 214]
  • Sound or Image and Sound recordings are protected for 50 years from the end of the year in which the recording took place.[8293/2015 Section 215.1]
  • Broadcasts are protected for 20 years from the date the broadcast took place.[8293/2015 Section 215.2]

Works not protectedEdit

No protection shall extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[8293/2015 Section 175]

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.[8293/2015 Section 176.1]

However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. Therefore works of the Philippine Government is considered to be under the Public Domain. See discussion for {{PD-PhilippineGov}}.

Copyright tagsEdit

  • {{PD-Philippines}} – for public domain Philippine images whose copyrights expired or released into the public domain.
  • {{PD-PhilippinesGov}} – for works of the government of the Philippines exempted from copyright as stated by Republic Act No. 8293.

CurrencyEdit

X mark.svg Not OK. For reproductions of legal tender notes or metallic copies of legal tender coins.
Symbol OK.svgOK. For copies of notes and coins that are no longer legal tender, and for non-metallic reproductions of coins.

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.[8293/2015 Section 176.1] The Central Bank of the Philippines prohibits making, distributing or using:

  • Any handbill, advertisement, placard, circular, card, or any other object whatsoever bearing the facsimile, likeness or similitude of any legal tender Philippine currency note, or any part thereof, whether in black and white or any color or combination of colors, without prior authority therefore having been secured from the Governor, BSP or his duly authorized representative.
  • Any object whatsoever bearing the likeness or similitude as to design, color or the inscription thereon of any legal tender Philippine currency coin or any part thereof, in metal form, irrespective of size and metallic composition, without prior authority from the Governor, BSP or his duly authorized representative.[3]

Freedom of panoramaEdit

X mark.svg Not OK: The IP Code of the Philippines (Act No. 8293) (2015 Edition), Chapter VIII ("Limitations on copyright) does not appear to make any exception for photographs of copyrighted works. The law itself is entirely based on the law of the United States and contains identical fair use provisions, which however are not acceptable.[8293/2015 Chapter VIII Section 184–190]

StampsEdit

Public domain use {{PD-PhilippineGov}}

Works by the government of the Philippines are not protected by copyright. A prior approval of the government is necessary for exploitation of such works for profit. However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. See discussion).

See alsoEdit

CitationsEdit

  1. a b Philippines Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition). the Philippines (2015). Retrieved on 2018-11-08.
  3. Rules and Regulations on the Reproduction and/or Use of Legal Tender (excerpts from Circular No. 61 1995). Bangko Sentral ng Pilipinas. Retrieved on 2019-01-28.
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:Singapore

Singapore

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

BackgroundEdit

The British East India Company established a trading post on Singapore island in 1819, which became a British crown colony in 1858. Singapore gained independence in 1963 as part of Malaysia, then became a sovereign nation in 1965.

Singapore has been a member of the Berne Convention since 21 December 1998, the WIPO treaty since 17 April 2005 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the Singapore Government's Singapore Statutes Online website provided the text of the Copyright Act (Chapter 63), originally enacted as Act 2 of 1987, revised as of 31 January 2006.[2] The World Intellectual Property Organization (WIPO), a United Nations Agency, listed the Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018) is the main copyright law enacted by the legislature.[1] WIPO holds a copy of this act in their WIPO-LEX database.[3]

DefinitionsEdit

Under the Copyright Act (Chapter 63) as amended up to 2018, Section 7,[63/2006-2018 Section 7]

  • Artistic work means: (a) a painting, sculpture, drawing or engraving, whether the work is of artistic quality or not; (b) a building or model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies.
  • Broadcast means broadcast by wireless telegraphy, which means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy.
  • Cable programme is a programme which is included in a cable programme service.
  • Cable programme service means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either (a) for reception, otherwise than by wireless telegraphy, at two or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or (b) for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons.
  • Cinematograph film is the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown, and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images.
  • Compilation means (a) a compilation, or table, consisting wholly of relevant materials or parts of relevant materials; (b) a compilation, or table, consisting partly of relevant materials or parts of relevant materials; or (c) a compilation, or table, of data other than relevant materials or parts of relevant materials, which, by reason of the selection or arrangement of its contents, constitutes an intellectual creation.[63/2006-2018 Section 7A(3)]
  • Dramatic work includes (a) a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and (b) a scenario or script for a cinematograph film.
  • Drawing includes any diagram, map, chart or plan.
  • Literary work includes (a) a compilation in any form, and (b) a computer program.[63/2006-2018 Section 7A(1)]
  • Sound broadcast is sounds broadcast otherwise than as part of a television broadcast.
  • Sound recording is the aggregate of the sounds embodied in a record, and a record is a disc, tape, paper or other device in which sounds are embodied.
  • Telecommunication system is a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of (a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus.
  • Television broadcast is visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.

Non-government worksEdit

Under the Copyright Act (Chapter 63) as amended up to 2018,

  • The following works are in the public domain upon the expiry of 70 years after the end of the calendar year in which the authors of the works died:
    • Published literary, dramatic and musical works.[63/2006-2018 Section 28(2)]
    • Published and unpublished artistic works other than photographs.[63/2006-2018 Section 28(2)]
  • If, before the death of the author of a literary, dramatic or musical work the work had not been published, performed in public, broadcast or included in a cable programme, and records of the work had not been offered or exposed for sale to the public, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen (that is, the work was made available to the public before or in 1948).[63/2006-2018 Section 28(3)]
  • If, before the death of the author of an engraving the work had not been published, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published (that is, it was first published before or in 1948).[63/2006-2018 Section 28(5)]
  • An anonymous or pseudonymous literary, dramatic and musical work is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published (that is, it was first published before or in 1948).[63/2006-2018 Section 29(1)] The work ceases to be in the public domain if at any time before the 70-year period expires the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.[63/2006-2018 Section 29(2)]
  • A photograph is in the public domain in the following situations:
    • If it was taken before 10 April 1987, 70 years have passed since the end of the calendar year in which it was taken (that is, it was taken before or in 1948).[63/2006-2018 Section 212]
    • If it was taken on or after 10 April 1987, 70 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 28(6)]
  • A published edition of a work or works is in the public domain in the following situations:
    • If it was first published before 10 April 1987.[63/2006-2018 Section 223]
    • If it was published on or after 10 April 1987, 25 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 96] The copyright in a published edition protects the typographical format of the edition, which is separate from any copyrights in the work recorded. Therefore, even if the copyright in the typographical format has expired, the distinct copyright in the text (which is a literary work) and in illustrations or photographs (which are artistic works) may still be subsisting.[4] Do not upload files containing such works unless another licence such as {{PD-SG-lifetimepub}} or {{PD-SG-photo}} is applicable.
  • A cinematograph film is in the public domain in the following situations:
    • If it was made before 10 April 1987.[63/2006-2018 Section 220]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
  • A sound recording is in the public domain in the following situations:
    • If it was made before 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was made (that is, it was made before or in 1948).[63/2006-2018 Section 219(4)]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]
  • A television broadcast, sound broadcast or cable programme is in the public domain in the following situations:
    • If the broadcast was made or the cable programme included in a cable programme service before 10 April 1987.[63/2006-2018 Section 222(a), 224]
    • If the broadcast was made or the cable programme included in a cable programme service on or after 10 April 1987 —
      • The television or sound broadcast is a repetition of a broadcast made before that date.[63/2006-2018 Section 222(b)]
      • 50 years have passed since the end of the calendar year in which the broadcast was first made or the cable programme was first included in a cable programme service.[63/2006-2018 Section 94,95]

Government worksEdit

Under the Copyright Act (Chapter 63) as amended up to 2018,

  • A literary, dramatic or musical work made by or under the direction or control of the Government is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published by or under the direction or control of the Government.[63/2006-2018 Section 197(3)(b)]
  • An artistic work made made by or under the direction or control of the Government is in the public domain in the following situations:
    • If it is a photograph —
      • made before 10 April 1987, 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4), 231]
      • made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
    • If it is an engraving, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
    • If it is an artistic work other than an engraving or a photograph, if 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4)]
  • A cinematograph film made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
    • If it was made before 10 April 1987, it is an original dramatic work that is in the public domain, and photographs forming part of the film are also in the public domain (see the preceding paragraphs).[63/2006-2018 Section 233]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
  • A sound recording made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
    • If it was made before 10 April 1987, 70 years have passed since the expiration of the calendar year in which the recording was made.[63/2006-2018 Section 219(4), 232]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]

Copyright tagsEdit

  • {{FoP-Singapore}} – for a work that may be free under Singapore's freedom of panorama rules. A free license or public domain tag is also needed.

CurrencyEdit

X mark.svg Not OK. The copyright in the designs of banknotes and coins is held by the Government of Singapore. The designs may be regarded either as engravings, or as artistic works other than engravings or photographs, made by or under the direction or control of the Government, and under the Copyright Act (Cap. 63, 2006 Rev. Ed.):

  • an engraving enters the public domain after 70 years have passed since the end of the calendar year in which the work was first published; and
  • an artistic work other than an engraving or a photograph enters the public domain after 70 years have passed since the end of the calendar year in which the work was made.

De minimisEdit

Under section 10(1) of the Copyright Act (Cap. 63, 2006 Rev. Ed.) of Singapore, unless a contrary intention appears:

  • a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and
  • a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be.

Therefore, acts done in relation to insubstantial parts of a work or other subject-matter do not breach copyright.

Freedom of panoramaEdit

Symbol OK.svgOK for 3D objects and some 2D objects; X mark.svg Not OK for paintings, drawings, engravings, and photographs {{FoP-Singapore}}

Under the Copyright Act (Chapter 63) as amended up to 2018,

  • Section 63 provides that sculpture and works of artistic craftsmanship other than paintings, drawing, engravings, and photographs "situated, otherwise than temporarily, 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 by the inclusion of the work in a cinematograph film or in a television broadcast".[63/2006-2018 Section 63]
  • Section 64 allows for reproducing a building or model of a building by "painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film", with no restriction on location or permanency.[63/2006-2018 Section 64]

This means that freedom of panorama does not apply to two-dimensional works such as billboards, posters and paintings in a gallery, even if these are permanently displayed in a public place. It does include some 2D works that are works of artistic craftsmanship, such as textiles.

StampsEdit

Red copyright.svg All stamps are under the copyright of the Infocomm Development Authority of Singapore (IDA). No stamps may be reproduced without paying royalties to the IDA, if requested. According to Singapore's copyright law, stamps become public domain 70 years after the death of the engraver or 70 years after their issuance, if governmental work. Use {{PD-SG-artisticwork}}.

The Singapore Philatelic Museum has been appointed to administer approval for reproduction.[5]

See alsoEdit

CitationsEdit

  1. a b Singapore Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act (Chapter 63) revised edition 2006. Singapore. Retrieved on 2018-11-11.
  3. Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018). WIPO. Retrieved on 2019-01-28.
  4. Para. 2.40, George Wei () The Law of Copyright in Singapore, Singapore: Singapore National Printers
  5. Stamps Copyright. Singapore Philatelic Museum. Retrieved on 2019-03-23.
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:Thailand

Thailand

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

BackgroundEdit

Thailand (formerly called Siam) remained independent throughout the 18th and 19th centuries, the only country in Southeast Asia to avoid European colonization. It became a constitutional monarchy in 1932.

Thailand has been a member of the Berne Convention since 17 July 1931 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 Copyright Act B.E. 2537 (1994) as the main IP law enacted by the legislature of Thailand.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

This act was modified by the Copyright Act (No. 2) B.E. 2558 (2015), which adds provisions related to exceptions, rights management and violations.[3] It was further modified by the Copyright Act (No. 3) B.E. 2558 (2015) which covers recording of movies in movie theaters and exceptions for disabled persons.[4] Wikisource holds the Thai language version of the Copyright Act, 1994 and modifying acts.[5]

Copyright termEdit

According to the Copyright Act, BE 2537 (1994),

  • Except as stated below, copyright subsists for the life of the author and for 50 years after his death.[2537/1994 Sec.19]
  • With a work of joint authorship, copyright subsists for the life of the joint authors and for 50 years after the death of the last surviving joint author.[2537/1994 Sec.19]
  • If the author or all joint authors die prior to the publication of a work, copyright subsists for 50 years from first publication of the work.[2537/1994 Sec.19]
  • Where the author is a legal person, copyright subsists for 50 years as from authorship; if the work is published during such period, the copyright subsists for 50 years from first publication.[2537/1994 Sec.19]
  • Copyright under this Act in a work which is created by a pseudonymous or anonymous author subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication. If the identity of the author becomes known, Section 19 applies mutatis mutandis.[2537/1994 Sec.20]
  • Copyright in a photographic work, audiovisual work, cinematographic work, sound recording or audio and video broadcasting work subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.21]
  • Copyright in a work of applied art subsists for 25 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.22]
  • Copyright in a work created in the course of employment, instruction or control subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.[2537/1994 Sec.23]
  • When the term of copyright protection expires in the course of a year and the expiry date is not the last calendar day of the year or the exact date of expiry is not known, copyright subsists until the last day of that calendar year.[2537/1994 Sec.25]

Not subject to copyrightEdit

The following are not deemed copyright works:

  • News of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;[2537/1994 Sec.7(1)]
  • The constitution and legislation;[2537/1994 Sec.7(2)]
  • Regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;[2537/1994 Sec.7(3)]
  • Judicial decisions, orders, decisions and official reports;[2537/1994 Sec.7(4)]
  • Translations and collections of the materials referred to above, made by the Ministries, Departments or any other government or local units.[2537/1994 Sec.7(5)]

Copyright tagsEdit

  • {{PD-Thailand}} – for works from Thailand, which have different copyright terms depending on type, usually 50 years after the creator's death or 50 years after publication.
  • {{PD-TH-exempt}} – for works ineligible for copyright in Thailand, including laws and official government documents.

CurrencyEdit

X mark.svg Not OK: Reproduction of banknote images requires a permission from the Bank of Thailand.[6]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Thailand}}

The Thai Copyright Act of B.E. 2537 (A.D. 1994) states that:

  • A drawing, painting, construction, engraving, moulding, carving, lithographing, photographing, cinematographing, video broadcasting or any similar act of an artistic work, except an architectural work, which is openly located in a public place shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.37]
  • A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.[2537/1994 Sec.38]
  • A photograph or cinematograph or video broadcast of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.[2537/1994 Sec.39]
  • Note that artistic work as defined by Section 4 of the law does not include works of literature.

StampsEdit

Copyrighted The copyright of postage stamps is held by Thailand Post and lasts 50 years. Public domain for stamps published before 1 January 1969.[2537/1994 Sec.23]

See alsoEdit

CitationsEdit

  1. a b Thailand Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization. Retrieved on 2018-11-08.
  2. Copyright Act B.E. 2537 (1994). Thailand (1994). Retrieved on 2018-11-08.
  3. Copyright Act (No. 2) B.E. 2558 (2015). Retrieved on 2018-11-11.
  4. Copyright Act (No. 3) B.E. 2558 (2015) (2015). Retrieved on 2018-11-11.
  5. Copyright Act of B.E. 2537 (A.D. 1994) (In Thai)
  6. Circulatin​​g Banknotes​​. Bank of Thailand. Retrieved on 2019-01-28.
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:Vietnam

Vietnam

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

BackgroundEdit

Vietnam was independent until the 19th century, when it was colonized by the French. After World War II the country declared independence on 2 September 1945. A struggle began with the French and then the United States, during which North Vietnam and South Vietnam were politically separated. North Vietnam was the victor, and the country was reunited in 1975.

Vietnam has been a member of the Berne Convention since 26 October 2004 and the World Trade Organization since 11 January 2007.[1] Restoration of Vietnamese copyrights in the United States occurred through Presidential Proclamation No. 7161 of December 23, 1998 [63 Fed. Reg. 71571 (1998)].[2] This was prior to Vietnam's signature of the Berne Convention on October 26, 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 50/2005/QH11 of November 29, 2005, on Intellectual Property as the main IP law enacted by the legislature of Vietnam.[1] WIPO holds the text of this law in their WIPO Lex database.[3] This law was modified by Law No. 36/2009/QH12 of June 19, 2009, amending and supplementing a Number of Articles of the Law on Intellectual Property.[4]

General rulesEdit

Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, economic rights enjoy the following term of protection:

  • Cinematographic works, photographic works, works of applied art and anonymous works where the author remains unknown have a term of protection of 75 years from the date of first publication.[36/2009 Article 27(2a)]
  • For cinematographic works, photographic works and works of applied art which remain unpublished within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation.[36/2009 Article 27(2a)]
  • A work not specified in Article 27(2a) is protected for the whole life of the author and for 50 years after his/her death.[36/2009 Article 27(2b)]
  • For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.[36/2009 Article 27(2b)]
  • The term of protection expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term."[36/2009 Article 27(2c)]

Copyright and related rights protected under the legal documents effective before the effective date of the 2005 Law continued to be protected under the 2005 Law if they remained in term of protection on that date.[36/2009 Article 220] Therefore, cinematographic works, photographic works, dramatic works, works of applied art and anonymous works that were published 50 years or more prior to January 1, 2010 are still in the public domain.

Not protectedEdit

Subject matters not covered by copyright protection are 1. News of the day as mere items of press information; 2. Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents; 3. Processes, systems, operation methods, concepts, principles and data.[36/2009 Article 15]

Copyright tagsEdit

  • {{PD-Vietnam}} – all photographs enter the public domain fifty years after they were first published, and all non-photographic works enter the public domain fifty years after the death of the creator.

CurrencyEdit

X mark.svg Not OK. Banknotes and coins are not exempted from copyright law. Furthermore, duplication of Vietnamese banknotes or coins without the written consent of the State Bank is prohibited by an order of the Prime Minister in June 2003 (article 3).[5]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Vietnam}}

Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, "Use of published works in which permission and payment of royalties or remunerations are not required includes ... Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works.[36/2009 Article 25.1(h)]

See alsoEdit

CitationsEdit

  1. a b c Vietnam Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Bill Clinton. Proclamation 7161 of December 23, 1998 Extending United States Copyright Protections to the Works of the Socialist Republic of Vietnam. Retrieved on 2019-01-28.
  3. Law No. 50/2005/QH11, on Intellectual Property. Vietnam (29 November 2005). Retrieved on 2018-11-11.
  4. Law No. 36/2009/QH12, amending and supplementing a Number of Articles of the Law on Intellectual Property. Vietnam (19 June 2009). Retrieved on 2018-11-11.
  5. Decision No. 130/2003/QD-TTg: On the protection of Vietnamese money. Prime Minister of Vietnam (30 June 2003). Retrieved on 2019-01-28.
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