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This page gives overviews of copyright rules in different countries of Southern 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.

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COM:Afghanistan

Afghanistan

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

BackgroundEdit

Afghanistan came under loose British control in the late 19th century. After the Third Anglo-Afghan War in 1919 the country regained independence. Since then the country has suffered from coups, invasions and civil war.

Afghanistan has been a member of the World Trade Organization since 29 July 2016 and the Berne Convention since 2 June 2018.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) as the main IP law enacted by the legislature of Afghanistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

DurationsEdit

Under the 2008 Copyright Law, protection is as follows:

  • Works published or broadcast during the life cycle of the author shall be protected 50 calendar years after his/her death unless the author has decided differently.[2008 Article 16.1.1]
  • Joint works published or broadcast during the life cycle of the authors shall be protected for 50 years after the death of the last author.[2008 Article 16.1.2]
  • Works published or broadcast with metaphorical (pseudonym) names shall be protected for 50 years after the first year of the publication.[2008 Article 16.1.3]
  • Works not published during the life cycle of the author and in the case of the joint work, that have not been published during the life cycle of the last author, shall be protected for 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.4]
  • ­ Audiovisual works shall be protected for 50 years effective from the first year of the publication or broadcast.[2008 Article 16.1.5] If the work is not published or broadcast, it shall be protected for 50 years from fixation.[2008 Article 16.2]
  • Photography and painting works shall be protected 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.6]

FolkloreEdit

Public Culture (National Folklore) is an expression which include characterized principles of traditional artistic heritage originated or developed by a group of people in the State which reflect their artistic heritage and include the following expressions: Oral expressions such as tales, popular poetry and riddles; Musical expressions: include popular songs accompanied by music or without music; Motion expressions, include popular Atans (national dance), plays and other special popular artistic and ritual forms; Identical expressions such as products or popular art such as drawings with lines and colors, engravings, statuary, pottery, needlework, woodwork, mosaic, metalwork, jewelry, knitting, carpet weaving and other textiles; Musical instruments; Different architectural works.[2008 Article 3.23] National folklore shall be the public property of the State, the Ministry of Information and Culture, shall protect National Folklore by all legal means.[2008 Article 45]

Copyright tagsEdit

Freedom of panoramaEdit

X mark.svg Not OK, for personal uses only

Reproduction of published Work is permitted by a natural person without the Author’s authorization provided that it is exclusively for the personal use, the followings are exceptions: 1)­ Reproduction of architecture Work in the form of a building or construction ...[2008 Article 39(1)]

Threshold of originalityEdit

According to the 2008 Copyright Law, work that may be protected includes: Photography work that has been created using an innovative mode; Innovative work of handicraft or industrial art (carpet designs, rugs, felt carpet and its attachments etc.); Innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.[2008 Article 6(1) items 7-9]

StampsEdit

Copyright expires 50 years after first put in circulation.[2008 Article 16.1.6] Use {{PD-Afghanistan}}.

See alsoEdit

CitationsEdit

  1. a b Afghanistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law). Afghanistan (2008). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Bangladesh

Bangladesh

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

BackgroundEdit

Bengal was part of British India until it gained independence in 1947 as the eastern part of Pakistan. The country became independent of Pakistan in 1971, taking the name Bangladesh.

Bangladesh has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 4 May 1999.[1]

The first law on copyright was introduced in Bangladesh in 1914, based on the British Copyright law of 1911. This was replaced by the Copyright Ordinance 1962, which in turn was replaced by the Copyright Act 2000.[2] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) as the main copyright law enacted by the legislature of Bangladesh.[1] WIPO holds the Bengali text of this law in their WIPO Lex database.[3] The Copyright Office Bangladesh provides an English translation on their website.[4]

The Copyright Act, 2000 repealed The Copyright Ordinance, 1962 (Ordinance no XXXIV of 1962).[28/2000 Section 105(1)] It was not retroactive: "Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act".[28/2000 Section 105(3)]

General rulesEdit

Under the Copyright Act 2000,

  • Copyright subsists in any literary, dramatic, musical or artistic work (except a photograph) published within the lifetime of the author until 60 years from the beginning of the calendar year next following the year in which the author dies. The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who died last.[28/2000 Section 24]
  • With a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author, but which has not been published before that date, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 25(1)]
  • With a cinematograph film, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the film is published.[28/2000 Section 26]
  • With a sound recording, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the sound recording is published.[28/2000 Section 27]
  • With a photograph, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the photograph is published.[28/2000 Section 28]
  • With a computer programme, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the programme is published.[28/2000 Section 28A]
  • With a literary, dramatic, musical or artistic work (except a photograph) which is published anonymously or pseudonymously, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 29]
  • Copyright in a Government work, where the Government is the first owner of the copyright, subsists until 60 years from the beginning of the calendar year next following the year in which the work is published.[28/2000 Section 29]

Copyright tagsEdit

  • {{PD-Bangladesh}} - for photographs and films 60 years starting from the end of the year it was produced; for other works 60 years after the death of the author, or last-surviving author.

Freedom of panoramaEdit

Symbol OK.svgOK: {{FoP-Bangladesh}}

According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,

  • The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.[28/2000 Section 72(19)];
  • The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.[28/2000 Section 72(20)];
  • The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.[28/2000 Section 72(21)];

StampsEdit

Red copyright.svg. No Bangladeshi stamps might be uploaded before 2032 because the first stamps were issued on 29 July 1971 and the copyright term is 60 years from the author's death. The 1971 stamps might be uploaded by 2032.

See alsoEdit

CitationsEdit

  1. a b Bangladesh Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Mohammad Monirul Azam (2013). Copyright law in Bangladesh. Legal Steps. Retrieved on 2018-12-17.
  3. Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) (in Bengali). Bangladesh (2005). Retrieved on 2018-11-08.
  4. Copyright Act, 2000: Act No. XXVIII of 2000. Copyright Office Bangladesh (18 July 2000). Retrieved on 2018-12-17.
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:Bhutan

Bhutan

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

BackgroundEdit

Bhutan has been independent for centuries, and has never been colonized.

Bhutan has been a member of the Berne Convention since 25 November 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act of the Kingdom of Bhutan, 2001 as the main IP law enacted by the legislature of the Bhutan.[1] WIPO holds a copy of the act on its website.[2] The act came into force on 17 July 2001.[2001 Section 2]

ApplicabilityEdit

Copyright applies to literary and artistic works that are original intellectual creations.[2001 Section 5] Economic rights can be assigned in whole or in part through a formal agreement.[2001 Section 22] Moral rights cannot be assigned during the lifetime of the author.[2001 Section 9]

Literary and artistic works include books, pamphlets, articles, computer programs and other writings; speeches, lectures, addresses, sermons and other oral works; dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; stage productions of works mentioned in the previous item and of expressions of folklore that are apt for such productions; musical works, with or without accompanying words; audiovisual works; works of architecture; works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; photographic works; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.[2001 Section 5]

Derivative Works are also protected. These are translations, adaptations, arrangements and other transformations of works; and collections of works and collections of mere data (databases), whether in machine readable or other form, provided that such collections are original by reason of the selection, coordination or arrangement of their contents. Protection of derivative works is without prejudice to protection, if any, of works used in the derivative work.[2001 Section 6]

DurationsEdit

Under the Copyright Act of the Kingdom of Bhutan, 2001,

  • For individual works, economic and moral rights are protected for 50 years after the death of the author.[2001 Section 18.1]
  • A "work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the work does not qualify as a "collective work".[2001 Section 4] For joint works, economic and moral rights are protected for 50 years after the death of the last surviving author.[2001 Section 18.2]
  • For anonymous or pseudonymous works, economic and moral rights are protected for 50 years after the date of publication. If, during that period, the author's identity is revealed or is no longer in doubt, economic and moral rights are protected for 50 years after the death of the author (or the last surviving author if it is a joint work).[2001 Section 18.4]
  • With an audiovisual work, the original owner of the economic rights is, unless provided otherwise in a contract, the producer of the audiovisual work. The co-authors of the audiovisual work and the authors of the pre-existing works used in the audiovisual work maintain their economic rights to the extent that those contributions or pre-existing works can used separately from the audiovisual work.[2001 Section 19.5]
  • A "collective work" is a work which has been created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing physical persons will not be indicated in the work.[2001 Section 4] For collective works other than works of applied art, and for audiovisual works, economic and moral rights are protected for 50 years after the work was first published. If it is not published within 50 years of being made, economic and moral rights are protected for 50 years after it was made.[2001 Section 18.3]
  • A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.[2001 Section 4] For works of applied art, economic and moral rights are protected for 25 years after the work was made.[2001 Section 18.5]
  • Every period of protection defined in this section runs to the end of the calendar year in which it would otherwise expire.[2001 Section 18.6]

Government worksEdit

Protection does not apply to any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[2001 Section 7]

Freedom of panoramaEdit

X mark.svg Not OK. There is no provision for Freedom of Panorama in the Copyright Act of the Kingdom of Bhutan, 2001.

CitationsEdit

  1. a b Bhutan Copyright and Related Rights (Neighboring Rights). WIPO Lex (2018). Retrieved on 2018-10-28.
  2. The Copyright Act of the Kingdom of Bhutan, 2001. Bhutan (2001). Retrieved on 2018-10-28.
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
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COM:India

India

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

BackgroundEdit

In the 19th century most of India came under direct or indirect British rule apart from small French and Portuguese enclaves. The country gained independence in 1947, partitioned between modern India and Pakistan. The princely states were quickly absorbed. French India was transferred to India between 1950 and 1954, and Portuguese India was annexed in 1961.

India has been a member of the Berne Convention since 1 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty effective 25 December 2018.[1]

The Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) repealed the The Indian Copyright Act, 1914, which was based on the Copyright Act of 1911 of the United Kingdom.[1957-2012 Section 79(1)] It was not retroactive, so did not reinstate copyright in any work in which copyright did not subsist when it commenced.[1957-2012 Section 79(3)]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) as the main IP law enacted by the legislature of India.[1] WIPO holds the text of this law in their WIPO Lex database.[2][3]

A Hand Book of Copyright Law, published by the Government of India, is also relevant.[4]

DurationsEdit

Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012),

  • All durations are calculated from the start of the calendar year that follows the event on which the duration is calculated (e.g. from the beginning of the calendar year next following the year in which the author dies or the work is first published.)
  • Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work published within the lifetime of the author until 60 years after the author's death.[1957-2012 Section 22]
    • Works by authors who died before 1941 entered public domain after 50 years and copyright has not been restored.
    • The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.[1957-2012 Section 22]
  • With a literary, dramatic, musical or artistic work (other than a photograph) which is published anonymously or pseudonymously, copyright subsists for 60 years from the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the year in which the author dies.[1957-2012 Section 23(1)]
  • With a literary, dramatic or musical work or an engraving in which copyright subsists at the date of the death of the author ... but which ... has not been published before that date, copyright shall subsist until 60 years from the year in which the work is first published...[1957-2012 Section 24(1)]
  • The term of copyright in photographs was omitted by the Copyright (Amendment) meansAct, 2012 (27 of 2012).[1957-2012 Section 25] A photograph is considered an artistic work in this version of the Act.[1957-2012 Section 2(c)(i)]
    • Photographs were formerly protected for 50 years after creation (for creation before 1958), and for 60 years after publication (for publication after 1957).
  • With a cinematograph film, copyright subsists until 60 years from the year in which the film is published.[1957-2012 Section 26]
  • With a sound recording copyright subsists until 60 years from the year in which the sound recording is published.[1957-2012 Section 27]
  • With a Government work, where Government is the first owner of the copyright, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28] A work is a Government work if it is made or published by or under the direction or control of (1) the Government or any of its departments, (2) any Legislature in India; or (3) any court, tribunal or other judicial authority in India.[1957-2012 Section 2(k)]
  • With a work where a public undertaking is the first owner of the copyright therein, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28A] A public undertaking is (1) an undertaking owned or controlled by the Government, (2) a Government company as defined in section 617 of the Companies Act 1956 of India, or (3) a body corporate established by or under any Central, Provincial or State Act.[1957-2012 Section 17(dd)]

Copyright tagsEdit

  • {{PD-India}} – India public domain images and sounds, 60 years after the end of the year of first publication for anonymous and government works and a few other categories, provided that the subject matter of the photo or recording is also not protected by copyright. Otherwise public domain 60 years after the author's death.
  • {{PD-India-photo-1958}} – Photographs created before 1958 are in the public domain 50 years after creation.
  • {{PD-India-URAA}} – For work that is public domain in the United States because it was first published in India (and not published in the U.S. within 30 days) and it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and it was in the public domain in its home country India on the URAA date January 1, 1996.
  • {{EdictGov-India}} – For edicts of the Government of India whose copyright have not expired. Subject to restrictions, these include laws, judgements, and Reports on the Table of the Legislature.
  • Works by the Government of India can be uploaded under {{GODL-India}} (central government only, not state governments).
  • {{PD-TamilGov}} – Work in the public domain because it was nationalized by Tamil Nadu Government and released into the Public Domain.

CurrencyEdit

✓OK Indian currency should now be OK. Please use {{GODL-India}}.

Freedom of panoramaEdit

  • Symbol OK.svgOK. For 3D (architecture and sculptures) {{FoP-India}},
  • X mark.svg Not OK. For copyrighted 2D (paintings, drawings, maps, pictures, engravings, etc.)

Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012), the following acts shall not constitute an infringement of copyright:[1957-2012 Section 52]

  • The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;[1957-2012 Section 52(s)]
  • The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(t)]
    Section 2(c){iii) reads "any other work of artistic craftsmanship;".[1957-2012 Section 2(c)(iii)] Paintings, drawings, or photographs fall under Section 2(c){i).[1957-2012 Section 2(c)(i)]
  • The inclusion in a cinematograph film of (i) any artistic work permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(u)]

Indian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.

StampsEdit

PD-icon.svg: Stamps are now covered under {{GODL-India}}. In addition, all Indian stamps older than 60 years are in the public domain. See en.wikipedia discussion here and here.

Use either {{GODL-India}} or {{PD-India}} where appropriate. Material issued by the Government of India before independence may be covered by {{PD-UKGov}}.

Threshold of originalityEdit

India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied. Robbin Singh has written an essay on the subject that may be useful.[5]

See alsoEdit

CitationsEdit

  1. a b India Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012). India (2012). Retrieved on 2018-11-08.
  3. Copyright Act, 1957: Act No. 14 of 1957. India. Retrieved on 2019-01-26.
  4. A Hand Book of Copyright Law. India. Retrieved on 2019-01-26.
  5. Robbin Singh. Understanding The Concept Of Originality Under Copy Right Law In India. International Monthly Journal. Retrieved on 2019-03-22.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Iran

Iran

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

Governing lawsEdit

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1970 Act for Protection of Authors, Composers and Artists Rights (Copyright Law) as the main IP law enacted by the legislature of Iran.[1] The Islamic Parliament Research Center Of The Islamic Republic of Iran holds the Farsi text of this law.[2] WIPO holds an English translation of the text of this law in their WIPO Lex database.[3]

General rulesEdit

According to the 1970 Law for the Protection of Authors, Composers and Artist Rights,

  • Copyrightable works, such as literary, musical works, paintings, designs and decorative writings, architectural works and buildings, carpet and rug designs, sculptures and photographs are in public domain in the following cases:
    • The creator(s) died more than 50 years ago. (Reformation of article 12 - 22 August 2010)
    • The creator(s) died before 22 August 1980, for works that their copyright expired before 22 August 2010 according to the 1970 law.
      • In the case of works of joint authorship, the date of the death of the last surviving author shall be considered alone for the calculation of the time of protection.
  • "Article 16. In the following cases, the author's financial rights will be valid for a period of 30 years from the date of publication or public presentation:
1. Photographic or cinematographic works.
2. In cases where the work belongs to a person of legal position."
Note that this speaks only to financial rights and does not limit the author's exclusive right to publish, etc. The work is therefore not in the public domain.

Copyright tagsEdit

  • {{PD-Iran}} – copyright of photographs and movies lasts 30 years from the date of publication or presentation.

CurrencyEdit

  • X mark.svg Not OK For coins and banknotes designed after 21 March 1988 (current year minus 31 years)

According to the 1970 Law for the Protection of Authors, Composers and Artist Rights, Iran banknotes and coins designed after 21 March 1988 are copyrighted and their copyright belong to Central Bank of Iran.

  • Symbol OK.svgOK For coins and banknotes designed before 22 March 1989 (current year minus 30 years)

According to the 1970 Law for the Protection of Authors, Composers and Artist Rights, Iran banknotes and coins designed before 22 March 1989 become public domain after 30 years since, "In the following cases images fall into public domain after 30 years from the date of publication or public presentation (Article 16): In cases where the work belongs to a legal personality or rights are transferred to a legal personality." Iran banknotes and coins are copyrighted and their copyright belong to Central Bank of Iran which is a "legal personality".

Please use {{Iranian currency}} for banknotes/coinage designed before 22 March 1989.

Freedom of panoramaEdit

X mark.svg Not OK There is no usable FoP provision in the copyright law of Iran.

According to article 2 of copyright law of Iran (passed on January 1, 1970) architectural works, designs, sketches and buildings and sculptures of all types are protected by copyright law.

According to article 12 of copyright law of Iran, such works remain on protection for a period of 50 years (Reformation of article 12 - 22 August 2010) after the death of its author(s). Also according to article 13, copyright of the works which produced on order by an employer belongs to the employer for a period of thirty years from the date of production. In cases where the work belongs to a legal personality or rights are transferred to a legal personality, it will go into the public domain after 30 years from the date of publication or public presentation (Article 16).[2]

StampsEdit

Red copyright.svg: All stamps published before 22 March 1989 are in the public domain because according to the Law for the Protection of Authors, Composers and Artist Rights, Iran stamps designed before 22 March 1989 become public domain after 30 years since, "In the following cases images fall into public domain after 30 years from the date of publication or public presentation (Article 16): In cases where the work belongs to a legal personality or rights are transferred to a legal personality." Iranian stamps are copyrighted and their copyright belong to Iran Post which is a "legal personality".

Threshold of originalityEdit

X mark.svg Not OK for most logos. The level of originality required for copyright protection in Iran seems very low.

The following are registrable for copyright protection: "(...) pictures, drawings, designs, decorative writings, (...) or any decorative and imaginative work produced in any simple or complex manner "

See alsoEdit

CitationsEdit

  1. Iran Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. a b قانون حمایت حقوق مؤلفان و مصنفان و هنرمندان (Act for Protection of Authors, Composers and Artists Rights) (in Farsi). Islamic Parliament Research Center Of The Islamic Republic of Iran.
  3. Act for Protection of Authors, Composers and Artists Rights (Copyright Law)[1], Iran, 1970
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:Maldives

Maldives

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

BackgroundEdit

The Maldives became a British protectorate in 1887, and gained independence from the United Kingdom on 26 July 1965. The country has been a member of the World Trade Organization since 31 May 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright & Related Rights Act (Law 23 of 2010) as the main copyright law enacted by the legislature of the Maldives.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The act did not extend the copyright protection of works whose protection had expired.[23/2010 Section 2(b)]

General rulesEdit

Under the The Copyright & Related Rights Act (Law 23 of 2010),

  • In general the economic and moral rights shall be protected during the life of the author and for full 50 years after his death.[23/2010 Section 20(a)]
  • In the case of co and joint authorship, the economic and moral rights shall be protected under this Regulation, during the life of the last surviving author and for full 50 years after his death.[23/2010 Section 20(b)]
  • In the case of collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights shall be protected for 50 years from the date on which the work was either made, first made available to the public, or first published, whichever date is latest.[23/2010 Section 20(c)]
  • In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.[23/2010 Section 20(d)]
  • In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[23/2010 Section 20(e)]
  • All periods mentioned in the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[23/2010 Section 20(f)]

Not protectedEdit

Under the The Copyright & Related Rights Act (Law 23 of 2010), no protection shall extend to: (a) any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; and (b) any official text of a legislative, administrative or legal nature, as well as any official translation of such documents.[23/2010 Section 6]

Freedom of panoramaEdit

X mark.svg Not OK. The relevant section of the The Copyright & Related Rights Act (Law 23 of 2010), "Section 17: Reproduction, broadcasting and other communication to the public for informatory purposes" does not contain any language that indicates freedom of panorama.[23/2010 Section 17]

CitationsEdit

  1. a b Maldives Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright & Related Rights Act. Maldives (2010). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Nepal

Nepal

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

BackgroundEdit

Nepal was never colonised but during the 19th century and first half of the 20th century served as a buffer state between Imperial China and British India.

Nepal has been a member of the World Trade Organization since 23 April 2004 and the Berne Convention since 11 January 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 8 of 2002 as the main copyright law enacted by the legislature of Nepal.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the the Copyright Act 8 of 2002,

  • The economic and moral rights available to the author under this Act shall be protected throughout the life of the author and in the case of his/her death until 50 years computed from the year of his death.[8/2002 Section 14.1]
  • The economic and moral rights over the work prepared jointly shall be protected for 50 years computed from the year of death of the last surviving author.[8/2002 Section 14.2]
  • The economic and moral right of a collective work or work for hire shall be protected until 50 years from the date of first publication of such work or the date on which the work is made public, whichever is earlier.[8/2002 Section 14.3]
  • The economic and moral right of the work published anonymously or with pseudonym name shall be protected until 50 years from the date of first publication of such work or the date on which the work is made public, whichever is earlier.[8/2002 Section 14.4]
  • The economic and moral right of a work relating to applied art and photographic work shall be protected until 25 years from the year of preparation of such work.[8/2002 Section 14.5]

Not protectedEdit

Copyright protection under this Act shall not be extended to any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb and general data despite the fact that such matters are expressed or explained or interpreted or included in any work.[8/2002 Section 4]

Copyright tagsEdit

a) anonymous work or pseudonymous work – after 50 years from the date of its publication;
b) work created on payment of remuneration at the initiation or direction of any person or organization – 50 years from the date of its publication;
c) photographic work or work of applied art – 25 years from the year of its creation;
d) other work – 50 years from the year of death of the author (or last-surviving author)

As per the Nepal Copyright Act, 2002, any thought, religion, process, concept, principle, court judgement, administrative decision, methods of operation, folk song, folk tale, proverb and general data is not protected.[8/2002 Section 4]

CurrencyEdit

X mark.svg Not OK: Banknote and coin designs are copyrighted. According to the Copyright Act, 2059 (2002), "Government of Nepal shall have the copyright over the work prepared by Government of Nepal."[8/2002 Section 40]

Freedom of panoramaEdit

X mark.svg Not OK. There is no freedom of panorama in Nepal.[8/2002 Section 20]

CitationsEdit

  1. a b Nepal Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Copyright Act, 2059 (2002). Nepal (2018). 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
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COM:Pakistan

Pakistan

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

BackgroundEdit

The region that is now Pakistan came under British control in the 19th century. The modern state of Pakistan was established on 14 August 1947 with the partitioning of British India. East Pakistan separated from Pakistan as Bangladesh in 1971.

Pakistan has been a member of the Berne Convention since 5 July 1948, the Universal Copyright Convention since 15 September 1955 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 The Copyright Ordinance, 1962 (Act No. XXXIV) (as amended 29 September, 2000) as the main copyright law enacted by the legislature of Pakistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

According to the Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000,

  • Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until 50 years from the beginning of the calendar year next following the year in which the author dies. In this section, the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.[XXXIV/2000 Section 18]
  • With a posthumously published literary, dramatic or musical work or an engraving, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is first published.[XXXIV/2000 Section 19(1)]
  • With a cinematographic work, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is published.[XXXIV/2000 Section 20(1)]
  • With a record, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the record is published.[XXXIV/2000 Section 20(2)]
  • With a photograph, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the photograph is first published.[XXXIV/2000 Section 20(3)]
  • With a literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is first published.[XXXIV/2000 Section 21(1)] (or for 50 years from the year of creation for photographs from before independence in 1947, as per the Copyright Act 1911).
  • Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.[XXXIV/2000 Section 22(1)]

Copyright tagsEdit

  • {{PD-Pakistan}} – for public domain works first published in Pakistan. According to Pakistani copyright laws, all photographs enter the public domain fifty years after they were published, and all non-photographic works enter the public domain fifty years after the death of the creator.

CurrencyEdit

X mark.svg Not OK Although certain governments works are exempt from copyright, currency is not one of the exceptions. Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000 says,

  • Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.[XXXIV/2000 Section 22(1)]
  • The following acts shall not constitute an infringement of copyright, namely: ... the reproduction or publication of any matter which has been published in any official Gazette, or the report of any committee, commission, council, board or other like body appointed by the Government unless the reproduction or publication of such matter or report is prohibited by the Government.[XXXIV/2000 Section 57(q)(i)] Currency does not fall into this definition.
  • See also: Commons:Deletion requests/File:Pakistan commemorative banknote.png.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Pakistan}}

According to the Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000, "The following acts shall not constitute an infringement of copyright ... the making or publishing of a painting, drawing, engraving or photograph of a sculpture or other artistic work if such work is permanently situated in a public place or any premises to which the public has access.[XXXIV/2000 Section 57(s)]

StampsEdit

X mark.svg Not OK. Use {{PD-Pakistan-stamp}} for stamps whose copyright has expired

Copyright ownership of stamps is maintained by the Government of Pakistan, as stamps in Pakistan are issued by Pakistan Post, which works under the Government of Pakistan. According to Pakistan's Copyright Ordinance, 1962, stamps can be classified as artistic:

  • "artistic" work' means: ... a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possess artistic quality.[XXXIV/2000 Section 2(c.i)]
  • "Government work" means a work which is made or published by or under the direction or control of ... the Government or any department of the Government.[XXXIV/2000 Section 2(m)]
  • in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.[XXXIV/2000 Section 139(d)]
  • Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.[XXXIV/2000 Section 22(1)]

See alsoEdit

CitationsEdit

  1. a b Pakistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. The Copyright Ordinance, 1962: Ordinance No. XXXIV of 1962 as amended by Copyright (Amendment) Ordinance, 2000 dated 29th September, 2000. Pakistan (2000). Retrieved on 2018-12-19.
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:Sri Lanka

Sri Lanka

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

BackgroundEdit

Sri Lanka was occupied by the British in 1815. The country declared independence on 4 February 1948.

Sri Lanka has been a member of the Berne Convention since 4 February 1948 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 Intellectual Property Act (Act No. 36 of 2003) as the main IP law enacted by the legislature of Sri Lanka.[1] WIPO holds the text of this law in their Template:WIPO Lex database.[2] The 2003 Act repealed the Code of Intellectual Property Act, No. 52 of 1979.[36/2003 Section 208(1)]

ApplicabilityEdit

Copyright covers original literary and artistic works: writings such as books, computer programs, articles, oral works such as speeches and lectures, dramas, musical works, films, works of architecture, drawings, paintings and photographs.[36/2003 Section 6] Collections and derivative works such as databases and translations are also protected.[36/2003 Section 7]

General rulesEdit

Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,

  • Economic and moral rights are protected during the life of the author and for 70 years from the date of his death.[36/2003 Section 13(1)]
  • With a work of joint authorship, the rights are protected during the life of the last surviving author and for 70 years from the date of the death of the last surviving author.[36/2003 Section 13(2)]
  • For a collective work, other than a work of applied art, and for an audiovisual work, the rights are protected for 70 years from the date on which the work was first published, or failing publication within 70 years from the making of the work.[36/2003 Section 13(3)]
  • With a work published anonymously or under a pseudonym, the rights are protected for 70 years from the date on which the work was first published, provided the author does not become known during that period.[36/2003 Section 13(4)]
  • With a work of applied art, the rights are protected for 25 years from the date of the making of the work.[36/2003 Section 13(5)]
  • Every period provided for above runs to the end of the calendar year in which it would otherwise expire.[36/2003 Section 13(6)]

Works not protectedEdit

Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,

  • Notwithstanding the provisions of sections 6 and 7, no protection shall be extended under this Part (a) to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; (b) to any official text of a legislative, administrative or legal nature, as well as any official translation thereof; (c) to news of the day published, broadcast, or publicly communicated by any other means.[36/2003 Section 8]

Expression of folklore: not freeEdit

Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,

  • Subject to the provision of subsection (4) of this section expressions of folklore shall be protected against (a) reproduction; (b) communication to the public by performance, broadcasting, distribution by cable or other means; (c) adaptation, translation and other transformation, when such expressions are made either for commercial purposes or outside their traditional or customary context.[36/2003 Section 24(1)]
  • The right to authorize acts referred to in subsection (1) of this section shall subject to the payment of a prescribed fee, vest in a Competent authority to be determined by the Minister.[36/2003 Section 24(4)]
  • The money collected under subsection (4) shall be used for purposes of cultural development.[36/2003 Section 24(5)]

CurrencyEdit

X mark.svg Not OK The government works that are excepted from copyright are only "any official text of a legislative, administrative or legal nature, as well as any official translation thereof" (Intellectual Property Act, No. 36 of 2003, at Section 8B), so it is assumed that banknotes and coins are protected and not appropriate for Commons.

Freedom of panoramaEdit

X mark.svg Not OK Sri Lankan copyright law was revised 2001-2003. The changes introduced U.S.-style "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship or research, and dropped any direct reference to anything resembling "freedom of panorama".[36/2003 Section 11]

StampsEdit

Copyrighted. The Intellectual Property Act No 36 of 2003 is silent on stamps, so assume copyrighted until general term of protection expires. It seems that stamps would be public domain if published before 1 January 1949, use {{PD-Sri Lanka}}.

See alsoEdit

CitationsEdit

  1. a b Sri Lanka Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Intellectual Property Act (Act No. 36 of 2003). Sri Lanka (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