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Commons:Copyright rules by territory/Consolidated list T-Z

This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.

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COM:Taiwan

Taiwan

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

BackgroundEdit

The island of Taiwan was annexed by China in 1683, then ceded to Japan in 1895. The Republic of China (ROC) regained control in 1945 after Japan's defeat in World War II. In 1949 the government of the ROC fled to Taiwan from the mainland. In 1971 the ROC lost its seat in the United Nations to the mainland People's Republic of China (PRC).

Taiwan copyright laws are codified in the Copyright Act as amended on 30 November 2016, in effect in Taiwan, Penghu, Kinmen, and Matsu.[1][2] A list of changes to copyright laws from 1928 is available at b:Annotated Republic of China Laws/Copyright Act.

GeneralEdit

According to the Copyright Act as amended on 30 November 2016,

  • Generally, economic rights endure for the life of the author and 50 years after the author's death.[2016 Art.30]
  • Where a work is first publicly released between the 40th and 50th years after the author's death, the economic rights shall endure for a term of 10 years beginning from the time of the first public release.[2016 Art.30]
  • Economic rights in a joint work subsist for 50 years after the death of the last surviving author.[2016 Art.31]
  • Economic rights in a pseudonymous work or an anonymous work endure for 50 years from the time of public release; provided, the economic rights shall be extinguished where it can be proven that the author has been deceased for over 50 years. These provisions do not apply when the pseudonym of the author is well known to the public.[2016 Art.32]
  • Economic rights in works authored by a legal entity endure for 50 years after the public release of the work; provided, if the work is not publicly released within 50 years from the completion of the creation, the economic rights shall subsist for 50 years after completion of the creation.[2016 Art.33]
  • Economic rights for photographic works, audiovisual works, sound recordings, and performances endure for 50 years after the public release of the work. The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.[2016 Art.34]
  • All the above terms of duration terminate as of the last day of the last year of the term.[2016 Art.35]

Not protectedEdit

According to the Copyright Act as amended on 30 November 2016, The following items shall not be the subject matter of copyright:[2016 Art.9]

1.The constitution, acts, regulations, or official documents.
2.Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
3.Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
4.Oral and literary works for news reports that are intended strictly to communicate facts.
5.Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.

The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties.[2016 Art.9]

Copyright tagsEdit

  • {{PD-Taiwan}} – for images in the public domain according to the Republic of China (Taiwan)
  • {{PD-China}} – for images in the public domain according to the People's Republic of China (mainland) and the Republic of China (Taiwan).
  • {{PD-China-film}} – for movies or images from movies published in the China more than 50 years ago according to Mainland China and Taiwan.
  • {{PD-ROC-exempt}} – for images in the public domain according to the Republic of China for free of copyright
  • {{PD-ROC-official}} – for the attachments of the laws of the Republic of China from the website of the Legislative Yuan law system
  • {{PD-ROC-Presidential Office Gazette}} – for the Presidential Office Gazette from 20 May 1948 to present by the Presidential Office of the Republic of China.[3]
  • {{PD-ROC-Traffic Signs}} – for Taiwanese traffic signs from the website of the Institute of Transportation of the Ministry of Transportation and Communications.[4]
  • {{PD-ROC-Traffic Markings}} – for Taiwanese traffic markings from the website of the Institute of Transportation of the Ministry of Transportation and Communications.[4]
  • {{OGDL}} – for data owned by the central government of Republic of China (Taiwan) and offered for use and re-use under the Open Government Data License.
  • {{GWOIA}} – for information obtained from the government websites of Taiwan that includes the Government Website Open Information Announcement.

See also Commons:Copyright rules by territory/China:Copyright tags for works before and after 1949.

CurrencyEdit

X mark.svg Not OK As documented in the OTRS ticket:2014050810011876, all New Taiwan Dollar bank notes are protected by copyright under the Copyright Act of Taiwan. The copyright holder is the Central Bank of the Republic of China (Taiwan):

In response to the enquiry in your e-mail dated April 27, 2014, please be noted that the images of our national currency are strictly under the protection of the Copyright Act of Taiwan. That means all the pictures on the NTD banknotes are not allowed to be exhibited on any commercial websites without our permission in advance.

However, the Central Bank of the Republic of China is a governmental institution and its data is allowed to be used by the public. According to the CBC website: "In order to facilitate better utilization by the general public of the information on this website, all of the Central Bank of the Republic of China (Taiwan)(herein known as CBC)’s publicly posted information and materials that are protected under copyright provisions may be utilized by the public without cost in a non-exclusive, reauthorization-available manner. The users may, without restriction on time and place, reproduce, adapt, edit, publicly transmit, or utilize in other ways, and develop various products or services (herein known as derivations)."[5]

It is Pictogram-voting-question.svg unclear if this extends to images of national currency.

Freedom of panoramaEdit

  • X mark.svg Not OK for indoor works and outdoor 2D artistic works
  • Symbol OK.svgOK for buildings, sculptures, and by extension other outdoor 3D works {{FoP-Taiwan}}
  • The "Copyright Act" (1992-2016-present) Article 58 states that:
Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:
  1. Reproduction of a building by construction of another building.
  2. Reproduction of a work of sculpture by production of another sculpture.
  3. Reproduction for the purpose of long-term public display in locales specified in this article.
  4. Reproduction of artistic works solely for the purpose of selling copies.

Reproductions of artistic works are thus only for non-commercial purposes. Note that "reproduction" in this context means reproducing the work in its original form, thus photographs of buildings and outdoor sculptures are Symbol OK.svgOK.

Threshold of originalityEdit

The level required for copyright is low. Independently created works with "minimal creativity" are eligible, according to Taiwan's Intellectual Property Office.[6]

The following examples are Symbol OK.svgOK:

  • These two artworks with traditional design elements are unprotected, according to court decisions that they do not meet the originality threshold for copyright protection:[7]
  • Simple typeface, such as the typeface of Sunshow company logo:

The following examples are X mark.svg Not OK:

  • Calligraphy works, such as the work "燒烤飯糰" on this photo, are copyright protected.[8]
  • The graphic part of Sunshow company's logo. The court ruled that the graphic part of the logo: two hands clasped together, one over the other, is copyrightable, but the typeface "SUNSHOW" is not.[9]

See alsoEdit

CitationsEdit

  1. Copyright Act. Taiwan (2016). Retrieved on 2018-11-08.
  2. 著作權法 (Copyright Act) (in Chinese). Taiwan (2016). Retrieved on 2018-11-08.
  3. Presidential Office Gazette. National Central Library. Retrieved on 2019-03-24.
  4. a b Institute of Transportation, MOTC. Retrieved on 2019-03-24.
  5. http://www.cbc.gov.tw/content.asp?mp=2&CuItem=40419 Central Bank of the Republic of China
  6. 著作權基本概念篇-1~10 (Basic Concepts of Copyright-1~10). Intellectual Property Office. Retrieved on 2019-01-27.
  7. 智慧財產法院 107 年民著上字第 3 號民事判決 (in Chinese). Judicial Yuan of the Republic of China. Retrieved on 2019-09-27.
  8. the news article about this case's court ruling, and the full text of the ruling)
  9. [1][2]
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COM:Tajikistan

Tajikistan

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

BackgroundEdit

The region of modern Tajikistan became part of the Russian empire, and then was an autonomous republic in the Soviet Union. In 1929 it became a Soviet Republic. Tajikistan became fully independent on 9 September 1991 during the dissolution of the Soviet Union.

Tajikistan has been a member of the Berne Convention since 9 March 2000, the WIPO Copyright Treaty since 5 April 2009 and the World Trade Organization since 2 March 2013.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of the Republic of Tajikistan on Copyright and Related Rights (as amended up to 2009) as the main copyright law enacted by the legislature of Tajikistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the the Law on Copyright and Related Rights (as amended up to 2009),

  • Copyright is protected for the entire life of the author and operates 50 years after the death of the author, except where stated otherwise in this article.[2009 Article 17]
  • For a collaborative work, protection lasts for the life of the co-authors and 50 years after the death of the last surviving co-author.[2009 Article 17]
  • For an anonymous or pseudonymous work, where the author's identity is not revealed, protection lasts for 50 years after lawful publication.[2009 Article 17]

Terms are calculated starting from 1 January of the year following the event on which the term is based.[2009 Article 17]

For works originating in other countries, the term of protection may not exceed that defined in the country of origin.[2009 Article 17]

Not protectedEdit

Under the the Law on Copyright and Related Rights (as amended up to 2009), the following are not covered by copyright: official documents (laws, court decisions, other texts of legislative, administrative and judicial nature), as well as their official translations; state symbols and signs (flag, coat of arms, anthem, the Order, the national currency and other public signs); messages on events and facts, which have information character; works of folklore.[2009 Article 7]

Copyright tagsEdit

  • {{PD-TJ-exempt}} – for formal documents (laws, judgements, other texts of legal, administrative and judicial nature), and also their official translations; state symbols and signs (flags, coats of arms, awards, banknotes and so on); communications concerning events and facts that have informational character; works of folk arts

CurrencyEdit

Symbol OK.svgOK. Under the the Law on Copyright and Related Rights (as amended up to 2009), Tajikistan currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright.[2009 Article 7]

Please use {{PD-TJ-exempt}} for Tajikistan currency images.

Freedom of panoramaEdit

X mark.svg Not OK. Under the the Law on Copyright and Related Rights (as amended up to 2009), only incidental and non-commercial use is allowed:

  • It is permitted without the consent of the author or other owner of the copyright rights and without payment of author's remuneration, to reproduce and broadcast by radio or cable for general information architecture works, photography and graphic arts which are permanently located in a public place, apart from cases where the work is the main subject, or where the image is used for commercial purposes.[2009 Article 21]

StampsEdit

Public domain use {{PD-TJ-exempt}}.

See alsoEdit

CitationsEdit

  1. a b Tajikistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law of the Republic of Tajikistan on Copyright and Related Rights (as amended up to 2009). Tajikistan (2009). Retrieved on 2018-11-08.
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COM:Tanzania

Tanzania

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

BackgroundEdit

In the late 19th century Germany formed German East Africa, which became the British colony of Tanganyika after World War I. Zanzibar was a separate colonial jurisdiction. Following their respective independence in 1961 and 1963, the two entities merged in April 1964 to form the United Republic of Tanzania.

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

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Act, 1999 as the main copyright law enacted by the legislature of Tanzania.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Copyright and Neighbouring Rights Act, 1999 became operational from December, 31, 1999.[3][4]

Special laws apply to works originating in Zanzibar, which are covered by the Zanzibar Copyright Act, 2003.[5]

General rulesEdit

Prior to 1966 {{PD-UKGov}} applies.[6] The general copyright term, both before and after independence, is 50 years after the death of the last surviving author.

Under the 1999 Copyright and Neighbouring Rights Act a work first published in Tanzania is now in the public domain if it meets one of the following criteria:

  • It is an anonymous work or pseudonymous work and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
  • It is an audiovisual work, and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
  • It is a work of applied art and 25 years have passed since the date of its creation
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is one of "laws and decisions of courts and administrative bodies as well as to official translations therefore"

For all post 1999 cases {{PD-Tanzania}} would apply.

Freedom of panoramaEdit

  • Outside of Zanzibar: Symbol OK.svgOK moving images/video only {{FoP-Tanzania}}
  • In Zanzibar: X mark.svg Not OK except for photographs of public "folklore"

According to article 12 (6) of the "Copyright and Neighbouring Rights Act" (1999), reproduction of works of art and works of literature is permitted in audio-visual and video recordings, if the work is permanently located in a place where it can be viewed by the public.

Per Part I, Preliminary provisions, ""audiovisual work" means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of beIng made visible, and where accompanied by sounds, susceptible of being made audible."

Zanzibar, which is part of Tanzania, has a separate copyright law, the Zanzibar Copyright Act, 2003. It does not allow for a free reproduction of works in public premises, except for the works of folklore that are permanently located in a place visible by the public (Article 29-II). In this case, it may be reproduced in the form of a photograph, a film or a television broadcasting.

See alsoEdit

CitationsEdit

  1. a b Tanzania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Neighbouring Rights Act, 1999. Tanzania (1999). Retrieved on 2018-11-04.
  3. Samuel Wangwe et al.. Country Case Study for Study 9: Tanzania 9. Commission on Intellectual Property Rights. Retrieved on 2019-01-13.
  4. Stephen Mtetewaunga (October 1999). Presentation of the new copyright act of Tanzania. WIPO. Retrieved on 2019-01-13.
  5. The Zanzibar Copyright Act, 2003. Zanzibar. Retrieved on 2018-11-07.
  6. Johansein (4 November 2010). Intellectual property right in Tanzania 2. Tanzania. Retrieved on 2019-01-13.
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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.
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COM:Togo

Togo

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

BackgroundEdit

In 1884, Germany declared a region including present-day Togo as a protectorate called Togoland. After World War I, rule over Togo was transferred to France. Togo gained its independence from France on 27 April 1960.

Togo has been a member of the Berne Convention since 30 April 1975, the Bangui Agreement since 8 February 1982, the World Trade Organization since 31 May 1995 and the WIPO Copyright Treaty since 21 May 2003.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 91-12 of June 10, 1991 on the Protection of Copyright, Folklore and Related Rights as the main copyright law enacted by the legislature of Togo.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law is retroactive: "Any provisions that contradict this Law are hereby repealed".[91-12/1991 Article 119]

General rulesEdit

Under Law No. 91-12 of June 10, 1991,

  • Copyright shall exist for the lifetime of the author and 50 calendar years from the end of the year of his death.[91-12/1991 Article 36]
  • For a collaborative work, the only date taken into account to calculate the term shall be the date of death of the last surviving collaborator.[91-12/1991 Article 36]
  • Copyright shall exist for 50 calendar years from the end of the year during which the work was lawfully made available to the public in the case of anonymous or pseudonymous works, cinematographic works, posthumous works and collective works.[91-12/1991 Article 37(a)]
  • Copyright shall exist for 25 years from the end of the year of death of the author in the case of photographic works or applied arts.[91-12/1991 Article 37(b)]

Freedom of panoramaEdit

X mark.svg Not OK. Incidental copying only.

  • When a news event is reported using photography, cinematography or sound or visual broadcast, it shall be lawful, to the extent justified by the information purpose, to record, reproduce and communicate publicly literary, scientific or artistic works that may be seen or heard during that event.[91-12/1991 Article 23]
  • ­The reproduction in a film or television program or public communication of figurative works of art or architecture that are permanently located in a public place or included in the film or program in a way that is incidental to the main subject, shall be lawful.[91-12/1991 Article 24]

Domaine public payantEdit

On expiration of the terms of protection referred to in this Law, the author's works shall enter the public domain. The right of exploitation of works in the public domain shall be administered by the Copyright Office of Togo (BUTODRA).[91-12/1991 Article 64] The public performance and reproduction of such works shall require authorization by the said body. That authorization shall, in the case of an event held for profit­ making purposes, be granted against payment of a royalty calculated according to the gross revenue from the exploitation. The amount of the royalty shall be equal to half of that usually payable for works in the same category of the private domain for the period of protection. The proceeds from that royalty shall be used for cultural and social purposes for the benefit of Togolese authors.[91-12/1991 Article 65]

FolkloreEdit

Folklore shall belong originally to the national cultural heritage. For the purposes of this Law, "folklore" shall mean all literary and artistic productions created in Togo by anonymous, unknown or forgotten authors presumed to be of Togolese nationality or from ethnic Togolese communities, passed from generation to generation and constituting one of the basic elements of the Togolese cultural heritage.[91-12/1991 Article 66] There shall be no time limit on the protection of works of national folklore.[91-12/1991 Article 67] The public performance and reproduction by any means whatsoever of national folklore with a view to exploitation for profit ­making purposes shall be subject to prior authorization by the Copyright Office of Togo (BUTODRA), against payment of a royalty.[91-12/1991 Article 69]

CitationsEdit

  1. a b Togo Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 91-12 of June 10, 1991 on the Protection of Copyright, Folklore and Related Rights. Togo (1991). Retrieved on 2018-11-04.
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COM:Tonga

Tonga

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

BackgroundEdit

Tonga has remained independent throughout and after the colonial era. From 1900 to 1970 Tonga had British protected state status, with the United Kingdom looking after its foreign affairs under a Treaty of Friendship. Tonga became signatory to the Berne convention effective 14 June 2001 and the World Trade Organization effective 27 July 2007.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 12 of 2002) as the main IP law enacted by the legislature of the Tonga.[1] WIPO holds a copy of the act in its WIPO-LEX database.[2] The 2002 Act repealed the The Copyright Regulations (Cap. 92 of the 1961 Revised Edition) and the Copyright Act, 1911 of the United Kingdom, (applied by Order in Council dated 24th June, 1912).[2002 Sec.39]

ApplicationEdit

Copyright protection applies to literary and artistic works, which are original intellectual creations including 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; 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.[2002 Sec.3]

Copyright protection also applies to derivative works, which are translations, adaptations, arrangements, and other transformations or modifications of works; and collections of works, collections of mere data (databases), whether in machine readable or other form, and collections of expressions of folklore, provided that such collections are original by reason of the selection or arrangement of their contents. This protection is without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilised for the making of such a work.[2002 Sec.4]

The Copyright Act applies to works of authors who are nationals or residents of Tonga; works first published in Tonga and works first published in another country and also published in Tonga within thirty days; works of architecture erected in Tonga and other artistic works incorporated in a building or other structure located in Tonga. The Act also applies to works eligible for protection in Tonga by virtue of and in accordance with any international convention or other international agreement to which Tonga is a party.[2002 Sec.31] The act replaced the Copyright Act (Cap. 121), and applied to all works that were still protected at the time it came into force.[2002 Sec.35]

General rulesEdit

Every period provided for in this section runs to the end of the calendar year in which it would otherwise expire.[2002 Sec.18]

  • For an individual work, economic and moral rights are protected during the life of the author and for 50 years after their death.[2002 Sec.18]
  • 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".[2002 Sec.2] The economic and moral rights are protected during the life of the last surviving author and for fifty years after their death.[2002 Sec.18]
  • A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural 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 natural persons will not be indicated.[2002 Sec.2] For a collective work other than a work of applied art, and for an audiovisual work, the economic and moral rights are protected for fifty 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.[2002 Sec.18]
  • For a work published anonymously or under a pseudonym, the economic and moral rights are protected for fifty 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, unless the author’s identity is revealed or is no longer in doubt before the expiration of this period, in which case it will be protected as an individual or joint work.[2002 Sec.18]
  • 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.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]

Government worksEdit

Copyright protection does not apply to any official text of a legislative, administrative or legal nature, or any official translation thereof.[2002 Sec.5]

StampsEdit

PDmaybe-icon.svg The copyright situation is unclear. The Post Office Act (1933, 1977) does not mention copyright.[3]The Copyright Acts 2002 states that,

  • For a collective work other than a work of applied art ... the economic and moral rights are protected for fifty 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.[2002 Sec.18]
  • 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.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]

Thus, any stamp published more than 50 years ago should be in the public domain.

See alsoEdit

CitationsEdit

  1. a b Tonga : Copyright and Related Rights (Neighboring Rights). WIPO Lex (2018). Retrieved on 2018-10-26.
  2. Copyright Act. Tonga (2002). Retrieved on 2018-10-26.
  3. Tonga Consolidated Legislation: Post Office Act Acts 12 of 1933 and 29 of 1977. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
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:Trinidad and Tobago

Trinidad and Tobago

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

Governing lawsEdit

Trinidad and Tobago has been a member of the Berne Convention since 16 August 1988, the WIPO treaty since 28 November 2008 and the World Trade Organization since 1 March 1995, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, Cap. 82:80 8 of 1997 amended by 18 of 2000, 5 of 2008 as the main IP law enacted by the legislature of Trinidad and Tobago.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This law repeals and replaces the Copyright Act 1985.[5/2008 Section 56]

ApplicabilityEdit

Copyright covers literary and artistic works that are original intellectual creations in the literary and artistic domain, including (a) books, pamphlets, articles, computer programs and other writings; (b) speeches, lectures, addresses, sermons and other works of the same nature; (c) dramatic works, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; (d) stage productions of works mentioned in paragraph (c); (e) musical works, with or without accompanying words; (f) audio-visual works; (g) works of architecture; (h) works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; (i) photographic works; (j) works of applied art; (k) illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science.[5/2008 Section 5]

The following are also protected: (a) translations, adaptations, arrangements and other transformations or modifications of works; (b) 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, co-ordination or arrangement of their contents; and (c) works of mas. Protection of these works is without prejudice to any protection of a pre-existing work incorporated in or utilised for the making of such a work.[5/2008 Section 6]

"Work of mas" is an original production intended to be performed by a person or a group of persons in which an artistic work in the form of an adornment or image presented by the person or persons is the primary element of the production, and in which such adornment or image may be accompanied by words, music, choreography or other works, regardless of whether the production is intended to be performed on stage, platform, street or other venue.[5/2008 Section 3]

DurationsEdit

The 2008 version of the law states that:

  • Copyright and moral rights of the author are protected during the life of the author and for fifty years after his death.[5/2008 Section 18(1)]
  • A "Work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the contribution of each author is not separate from that of the other author or authors and the work does not qualify as a “collective work” under the definition of "collective work".[5/2008 Section 3] Copyright and moral rights are protected during the life of the last surviving author and for fifty years after his death.[5/2008 Section 18(2)]
  • A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural person or legal entity, with the understanding that it will be published by the latter person or entity under his or its own name and subject to the moral rights of the contributing natural persons.[5/2008 Section 3] For collective works other than works of applied art, and for audio-visual works, copyright and moral rights are protected for
    • 75 years from the date on which the work was first published;
    • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
    • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.[5/2008 Section 18(3)]
  • For works published anonymously or under a pseudonym where the author's identity does not become known, copyright and moral rights are protected for
    • 75 years from the date on which the work was first published;
    • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
    • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.[5/2008 Section 18(4)]
  • 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 [5/2008 Section 3. For works of applied art, copyright and moral rights are protected for 25 years from the making of the work.[5/2008 Section 18(5)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[5/2008 Section 18(6)]

Official texts and speechesEdit

There is no copyright protection for any official text of a legislative, administrative or legal nature, as well as any official translation thereof; or political speeches and speeches delivered in the course of legal proceedings. However, collections of such texts or speeches may be protected if they are original by reason of the selection, co-ordination or arrangement of their contents.[5/2008 Section 7]

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Trinidad and Tobago}}

The 2008 Copyright Act states, "Notwithstanding the provisions of sections 8(1) and 16, the inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[5/2008 Section 17]

CitationsEdit

  1. a b Trinidad and Tobago Copyright and Related Rights (Neighboring Rights)[3], WIPO: World Intellectual Property Organization, 2018
  2. Copyright Act, Cap. 82:80 8 of 1997 amended by 18 of 2000, 5 of 2008[4], Trinidad and Tobago, 2008
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:Tunisia

Tunisia

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

BackgroundEdit

The French colonization of Tunisia occurred in 1881. Tunisia gained full independence on 20 March 1956.

Tunisia has been a member of the Berne Convention since 5 December 1887 and the World Trade Organization since 29 March 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-36 of February 24, 1994, on Literary and Artistic Property as the main IP law enacted by the legislature of Tunisia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property.[3]

General rulesEdit

According to the 1994 law as amended in 2009,

  • Protection of the rights of the author lasts during his entire life, the remainder of the year of his death and 50 years, as from January first of the year following that of his death.[2009-33 Article 18]
  • For works of collaboration, protection lasts during 50 years as from the first of January of the year following that of the death of the last co-author.[2009-33 Article 18]
  • For anonymous or pseudonymous works, protection lasts 50 years as from the first of January of the year following that of the first publication of work.[2009-33 Article 18]
  • For works published after the author death, protection lasts 50 years as from January first of the year following that of the first publication of work.[2009-33 Article 18]
  • The protection of the pecuniary rights of the author for photographic works lasts 50 years as from the date of realization of work.[2009-33 Article 19]
  • The duration of protection of the pecuniary rights of cinematographic or audio-visual works is 50 years as from the first licit public representation of work. In the absence of representation, the duration of this protection is fifty years as from the date of realization of the first copy of reference.[2009-33 Article 42bis]

Before 5 July 2009, a photographic work was protected for 25 years from creation. Pictures taken before July 5, 1984 have already been placed into the public domain.

Folklore: not freeEdit

Folklore forms part of the national heritage and any transcription of folklore with a view to exploitation for profit shall require authorization from the Ministry responsible for culture against payment of a fee for the benefit of the welfare fund of the Copyright Protection Agency. Authorization from the Ministry responsible for culture shall also be required for the production of works inspired by folklore for the full or partial assignment of copyright in a work inspired by folklore or for an exclusive license with respect to such work. Folklore within the meaning of this Law shall be any artistic heritage bequeathed by preceding generations and bound up with customs and traditions and any aspect of folk creation such as folk stories, writings, music and dance.[94-36/1994 Article 7]

Copyright tagsEdit

{{PD-Tunisia}}

The Tunisian law n°94-36 of February 24, 1994 on literary and artistic property stipulates that:

  • Copyright shall subsist for the lifetime of the author and for 50 Gregorian years counted from January 1 of the year following the author's death…
  • In the case of works of joint authorship, the date of the death of the last surviving author…
  • In the case of anonymous or pseudonymous works, copyright shall subsist for 50 years as from the date on which the work has been lawfully made available to the public…
  • In the case of photographic works, copyright shall only subsist for 25 Gregorian years as from the year during which the work was made.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Tunisia}}

Allowed uses without permission include "the reproduction or communication of a work of architecture or fine arts, or of a work of the applied arts or a photographic work, when it is located permanently in a public place, except for the museums, art galleries or any artistic heritage bequeathed by the former generations.[2009-33 Article 10(g)]

See alsoEdit

CitationsEdit

  1. a b Tunisia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 94-36 of February 24, 1994, on Literary and Artistic Property. Tunisia (1994). Retrieved on 2018-11-08.
  3. Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property. Tunisia (2009). 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:Turkey

Turkey

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

BackgroundEdit

The modern republic of Turkey was formed in 1923 as a successor state to the Ottoman Empire.

Turkey has been a member of the Berne Convention since 1 January 1952, the World Trade Organization since 26 March 1995 and the WIPO Copyright Treaty since 28 November 2008.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to Law No. 6552 of September 10, 2014) as the main IP law enacted by the legislature of Turkey.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Law No. 5846 of December 5, 1951 (as amended up to Law No. 6552 of September 10, 2014),

  • The term of protection shall last for the lifetime of the author and for 70 years after his death.[6552/2014 Article 27]
  • If there is more than one author, this period shall end upon the expiry of 70 years after the death of the last surviving author.[6552/2014 Article 27]
  • The term of protection for works that have been first made public after the death of the author shall be 70 years after the date of death.[6552/2014 Article 27]
  • The term of protection for anonymous works where the author remains unknown shall be 70 years from the date on which the work was made public.[6552/2014 Article 27]
  • If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.[6552/2014 Article 27]

Not protectedEdit

The reproduction, distribution, adaptation or exploitation in any other form of laws, by­laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.[6552/2014 Article 31]

Copyright tagsEdit

  • {{PD-Turkey}} for works whose author died more than 70 years ago, and anonymous works published more than 70 years ago.
  • {{PD-TR-currency}} for images of Turkish currency.

CurrencyEdit

Symbol OK.svgOK: Electronic reproductions of banknotes and coins are permitted by the Central Bank of the Republic of Turkey, under the following conditions:[3][4]

  • They must not exceed 72 dpi (dots per inch); and
  • The expression “ÖRNEKTIR GEÇMEZ” or “SPECIMEN” must be printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the expression “ÖRNEKTIR GEÇMEZ” or “SPECIMEN” must be at least 75 percent of the length of reproduction, and the height thereof must be at least 15 percent of the width of the reproduction. The characters must be written in a non-transparent (opaque) color contrasting with the dominant color of the respective banknote. In two-sided reproductions, the abovementioned expression must be printed on both sides.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Turkey}} Under Law No. 5846 of December 5, 1951 (as amended up to Law No. 6552 of September 10, 2014),

  • Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.[6552/2014 Article 31]
  • Works of fine arts are the following works, which have aesthetic value: Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.[6552/2014 Article 4]

StampsEdit

Red copyright.svg Under Law No. 5846 of December 5, 1951 (as amended up to Law No. 6552 of September 10, 2014),

  • The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.[6552/2014 Article 8]
  • If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.[6552/2014 Article 27]

The copyright for stamps therefore belongs to the Turkish government and lasts 70 years from publication. Thus, any stamp issued 70 or more years ago (published before 1 January 1949) is public domain.

See alsoEdit

CitationsEdit

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

Turkmenistan

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

BackgroundEdit

Turkmenistan was annexed to the Russian Empire in 1881, and became part of the Soviet Union in 1917. The Turkmen Soviet Socialist Republic was formed in 1924. Turkmenistan became fully independent with the collapse of the Soviet Union in 1991.

Turkmenistan has been a member of the Berne Convention since 29 May 2016.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 257-IV of January 10, 2012, on Copyright and Related Rights as the main copyright law enacted by the legislature of Turkmenistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Law No. 257-IV of January 10, 2012:

  • Copyright lasts for the life of the author and 50 years after his death, except as provided in Article 23(2) to (5).[2012 Article 23(1)]
  • Copyright for works published anonymously or under a pseudonym are valid for 50 years after the date of lawful promulgation.[2012 Article 23(2)]
  • Copyright in a work created in collaboration is valid for life and fifty years after the death of the last of the authors.[2012 Article 23(3)]
  • Copyright in a work first published after the death of the author is valid for 50 years after its release.[2012 Article 23(3)]

Calculation of dates begins on 1 January of the year after the year of the event that is the basis for calculating the duration.[2012 Article 23(3)]

Works not subject to copyrightEdit

Under Law No. 257-IV of January 10, 2012, works not subject to copyright are:[2012 Article 7]

  • Official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations;
  • State symbols and signs (flag, emblem, anthem, awards, banknotes and other state symbols and signs);
  • Folk art (expressions of folklore);
  • Messages about events and facts that have an informational nature.

Copyright tagsEdit

  • {{PD-TM-exempt}} – Work that is not an object of copyright according to the Civil Code of Turkmenistan of July 17, 1998. Article 1061. Works that are not Objects of Copyright are (a) formal documents (laws, judgments, other texts of administrative and legal nature), and also their official translations; (b) state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs); (c) reports on events and facts, which have a purely informational character; (d) works of folk arts.

CurrencyEdit

Symbol OK.svgOK Turkmenistan currency is not copyrighted. Banknotes and other state symbols, are explicitly excluded from copyright by Law No. 257-IV of January 10, 2012, Article 7.

Please use {{PD-TM-exempt}} for Turkmenistan currency images.

Freedom of panoramaEdit

X mark.svg Not OK. Only allowed for incidental, non-commercial use. Under Law No. 257-IV of January 10, 2012, permitted use includes:

  • Reproduction, broadcasting or communication to the public by cable of works of architecture, photography or fine art permanently located in a place open to public access, except when the image of the work is the main subject or it is used for commercial purposes;[2012 Article 19(7)]

StampsEdit

Public domain According to Law No. 257-IV of January 10, 2012, Article 7, state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs) are not copyrightable; therefore the postage stamps of Turkmenistan are in public domain. Use the {{PD-TK-exempt}} tag for each image.

See alsoEdit

CitationsEdit

  1. a b Turkmenistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 257-IV of January 10, 2012, on Copyright and Related Rights (in Russian). Turkmenistan (2018). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Tuvalu

Tuvalu

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

BackgroundEdit

The island of Funafuti was named Ellice's Island in 1819. The Ellice Islands were declared a British Protectorate in 1892. They were later part of the British Western Pacific Territories, then part of the Gilbert and Ellice Islands colony from 1916 to 1976. On 1 January 1976 the separate British colonies of Kiribati (Gilbert Islands) and Tuvalu (Ellis Islands) came into existence. Tuvalu became fully independent on 1 October 1978.

Tuvalu has been a member of the Berne Convention since 2 June 2017.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Chapter 40.24, Revised Edition 2008) as the main IP law enacted by the legislature of Tuvalu.[1] WIPO holds the text of this law in their {wp-WIPO Lex|WIPO Lex}} database.[2] This act describes penalties for infringement of the Copyright Act 1956 of the United Kingdom.[2] The full text of the Copyright Act, 1956 (United Kingdom) is available in Wikisource.[3]

General rulesEdit

Under the Copyright Act 1956 of England,

  • Copyright subsists in an original literary, dramatic or musical work for 50 years from the end of the calendar year in which the author died.[1956 Sec.2(1)]
  • An "artistic work" means any of paintings, sculptures, drawings, engravings and photographs, buildings or models for buildings, and works of artistic craftsmanship.[1956 Sec.3(1)]
  • Copyright subsists in an artistic work for 50 years from the end of the calendar year in which the author died.[1956 Sec.3(4)]
    • With an engraving, if before the death of the author the engraving had not been published, copyright subsists for 50 years from the end of the calendar year in which it is first published.[1956 Sec.3(4a)]
    • Copyright in a photograph subsists for 50 years from the end of the calendar year in which the photograph is first published.[1956 Sec.3(4b)]
  • Copyright subsists in a sound recording for 50 years from the end of the calendar year in which the recording is first published.[1956 Sec.12(3)]
  • Copyright in a film subsists for 50 years from the end of the calendar year in which it is registered.[1956 Sec.13(3a)]
  • Copyright in a television broadcast or sound broadcast subsists for 50 years from the end of the calendar year which the broadcast is made.[1956 Sec.14(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, copyright subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Schedule.2(b))]

Government worksEdit

Under the Copyright Act 1956 of England,

  • For literary, dramatic or musical works made by or under the direction or control of Her Majesty or a Government department, copyright (a) where the work is unpublished, subsists so long as the work remains unpublished, and (b) where the work is published, subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Sec.39(3)]
  • Copyright in an artistic work to which Her Majesty is entitled subsists for 50 years from the end of the calendar year in which the work was made.[1956 Sec.39(4)]

Freedom of panoramaEdit

Symbol OK.svgOK: Under the Copyright Act 1956 of England,

  • The copyright in a work which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(4)]

CitationsEdit

  1. a b Tuvalu Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. a b Copyright Act (Chapter 40.24, Revised Edition 2008). Tuvalu (2008). Retrieved on 2018-11-04.
  3. Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
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:Uganda

Uganda

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

BackgroundEdit

Uganda takes its name from the Buganda kingdom. Beginning in 1894, the area was ruled as a protectorate by the United Kingdom. Uganda regained independence on 9 October 1962.

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

The United Kingdom copyright act was introduced in Uganda in January 1953, and was not subsequently updated to reflect changes in UK law. The 1953 law formed the basis for the Copyright Act of 1964.[2] The 1964 act was replaced by the 2006 act, effective 4 August 2006.[3] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the The Copyright and Neighbouring Rights Act, 2006 as the main IP law enacted by the legislature of Uganda.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

General rulesEdit

A work first published in Uganda will be in the public domain if its copyright protection has expired in Uganda by virtue of the non-retrospective Copyright and Neighbouring Rights Bill 2006, or if it entered the public domain prior to the commencement of that law by virtue of the previous Copyright Act 1964.

Under the 1964 Act,[2]

  • Unpublished literary, musical works were protected for 50 years after the end of the year in which the author dies.
  • Published literary, musical or artistic work was protected the later of the following-(a) the end of the year in which the author dies; (b) 50 years after the end of the year in which the work was first published.
  • For unpublished cinematograph film or gramophone record, 50 years after the record, if first published 50 years after the end of the year in which the work was first published, 45 years after the end of the year in which the work was first published.
  • For broadcasts, 50 years after the end of the year in which the broadcast was made.

Under the 2006 act,

  • The economic rights of the author are protected during the life of the author and 50 years after the death of the author.[2006 Section 13(1)]
  • The economic rights in a work of joint authorship are protected during the life of the last surviving author and 50 years after the death of the last surviving author.[2006 Section 13(2)]
  • Where the economic rights in a work are owned by a corporation or other body, the term of protection is 50 years from the date of the first publication of the work.[2006 Section 13(3)]
  • For a work published anonymously or under a pseudonym, the economic rights are protected for 50 years from the date of first publication, if the author does not become known.[2006 Section 13(4)]
  • For an audio-visual work, sound recording or broadcast, the economic rights are protected until the expiration of 50 years commencing from the date of making the work or from the date the work is made available to the public with the consent of the author.[2006 Section 13(5)]
  • For a photographic work, the economic rights are protected for 50 years from the date of making the work.[2006 Section 13(7)]

Not protectedEdit

Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.[2006 Section 6]

There is no copyright in the following works:[2006 Section 7]

  • enactments, including Acts, statutes, decrees, statutory instruments and other laws made by the Legislature or other authorised bodies;
  • decrees, orders and other decisions by courts of law for the administration of justice and any official translations from them;
  • reports made by committees or commissions of inquiry appointed by the Government or any agency of the Government;
  • news of the day, namely, reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.

Copyright tagsEdit

  • {{PD-Uganda}} – for works meeting one of the following criteria:
a) photographic works 50 years after creation;
b) computer programs, audio-visual works or sound recordings 50 years after publication
c) literary, musical or artistic works published before January 1st, 1954, whose author died before Jan 1st, 2004;
d) other works 50 years after the author's death.

CurrencyEdit

X mark.svg Not OK. Bank of Uganda owns the copyright in its banknotes and coins. Under section 120(373) of the Penal Code, it is a criminal offence for any person to reproduce banknotes or coins to any degree without the prior consent in writing of the Bank of Uganda.

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Uganda}}

According to the Copyright and Neighbouring Rights Act 2006, a work of art or architecture may be used in a photograph, an audiovisual work or a television broadcast without infringing the author's copyright and without the author's consent where the work is permanently located in a public place; or is included in the background or is otherwise incidental to the main object in the photograph, audiovisual work or television broadcast.[2006 Section 15(1)(g)]

See alsoEdit

CitationsEdit

  1. a b Uganda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. a b A study report on copyright and neighbouring rights law. Uganda Law Reform Commission (2004). Retrieved on 2019-01-13.
  3. a b Copyright and Neighbouring Rights Act, 2006. Uganda (2006). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Ukraine

Ukraine

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

BackgroundEdit

In the past, Ukraine was controlled at different times in whole or part by Kievan Rus', Lithuania, Poland, Russia and Austria. After World War I, Ukraine became a founding member of the Union of Soviet Socialist Republics in December 1922. During the dissolution of the USSR, on 24 August 1991 the Ukrainian parliament adopted the Act of Independence.

Ukraine has been a member of the Berne Convention since 25 October 1995, the WIPO Copyright Treaty since 6 March 2002 and the World Trade Organization since 16 May 2008.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 3792-XII of December 23, 1993, on Copyright and Related Rights (as amended up to April 26, 2017) as the main copyright law enacted by the legislature of Ukraine.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Law No. 3792-XII of December 23, 1993 as amended up to April 26, 2017),

  • Copyright in a work arises from the fact of its creation and takes effect from the date of creation.[3792-XII/199-2017 Art.28(1)]
  • Copyright is valid throughout the life of the author and for 70 years after his death, except as provided below.[3792-XII/199-2017 Art.28(2)]
  • For works published anonymously or under a pseudonym, copyright expires 70 years after the work was released. If the pseudonym adopted by the author leaves no doubt as to the identity of the author or the author is revealed no later than 70 years after the publication of the work, copyright lasts for the author's life plus 70 years.[3792-XII/199-2017 Art.28(3)]
  • Copyright in collaborative works is valid for life and 70 years after the death of the last co-author.[3792-XII/199-2017 Art.28(4)]
  • Copyright in works of posthumously rehabilitated authors is valid for 70 years after their rehabilitation.[3792-XII/199-2017 Art.28(6)]
  • Copyright in a work first published within 30 years after the author's death is valid for 70 years from the date of its lawful publication.[3792-XII/199-2017 Art.28(7)]
  • Persons who first publish an unpublished work after its copyright protection expires enjoy protection for 25 years from the time when the work was first published.[3792-XII/199-2017 Art.28(8)]
  • Calculation of the terms of copyright starts from 1 January of the year following the relevant event.[3792-XII/199-2017 Art.28(9)]

Copyright protection under the 1993 act applied to all works where the copyright had not expired before the act became effective.[3792-XII/199-2017 Final.4] A Ukrainian or Ukrainian SSR work is in the public domain in Ukraine if it was published before 1 January 1951, and the creator (if known) died before that date. This is the effect of the copyright term extension from 50 to 70 years in 2001.

A Ukrainian or Ukrainian SSR work that is in the public domain in Ukraine according to this rule is in the public domain in the U.S. only if it was in the public domain in Ukraine before 1 January 1996, e.g. if it was published before 1 January 1946 and the creator died before this date, and no copyright was registered in the U.S. This is the combined effect of the retroactive 1993 law, Ukraine's joining the Berne Convention in 1996, and of 17 USC 104A with its critical date of January 1, 1996.[3]

Not protectedEdit

Under Law No. 3792-XII of December 23, 1993 (as amended up to April 26, 2017), protection does not extend to:[3792-XII/199-2017 Art.10]

  • Daily news or current events that constitute regular press information
  • Works of folk art (folklore);
  • Official documents issued by government authorities of a political, legislative or administrative nature (laws, decrees, regulations, court decisions and state standards, etc.) and their official translations;
  • State symbols of Ukraine, government awards; symbols and signs of government, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations;
  • Banknotes;
  • Timetables of vehicles, broadcasts, schedules, telephone directories and other similar databases that do not meet the originality criteria;

Copyright tagsEdit

  • {{PD-Ukraine}} is in effect towards works first published before January 1, 1951, and the creator (if known) died before that date). This is the effect of the retroactive Ukrainian copyright law of 1993 and the copyright from 50 to 70 years in 2001.). The final conclusion is #.4 in Chapter VI Ukrainian Copyright Law:

#.4. It shall be established that as from the day on which this Law enters into force, the terms of copyright protection, stipulated in Article 28 of this Law and parts 1 and 2 of Article 44 of this Law, shall apply in all cases where the 50-year period of copyright validity after the author's death or the period of validity of related rights has not expired prior to the date of entry into force of this Law.

A Ukrainian or Soviet work that is in the public domain in Ukraine according to this rule is in the public domain in the U.S. only if it was in the public domain in Ukraine in 1995, e.g. if it was published before 1945 and the creator died before that year, and no copyright was registered in the U.S. This is the combined effect of the retroactive Ukrainian copyright law, Ukraine's joining the Berne Convention in 1995, and of 17 USC 104A with its critical date of January 1, 1996.[3]

  • {{PD-UA-exempt}} for daily news or details of current events that constitute regular press information; works of folk art (folklore); official documents of a political, legislative or administrative nature (laws, decrees, resolutions, court awards, State standards, etc.) issued by government authorities within their powers, and official translations thereof; State symbols of Ukraine, government awards; symbols and signs of government authorities, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations; bank notes; transport schedules, TV and radio broadcast schedules, telephone directories and other similar databases that do not meet the originality criteria and to which the sui generis right (a particular or special right) is applicable.
  • {{PD-Ukraine-stamp}} for postal stamps.
  • {{PD-UAGovDoc}} for official documents of a political, legislative or administrative nature (laws, decrees, resolutions, court awards, State standards, etc.) issued by government authorities within their powers, and official translations thereof.
  • {{PD-UAGov-Money}} for unit of currencies issued by Ukraine.
  • {{PD-UAGov-Award}} for representation of an civil award or decoration of the government of Ukraine.
  • {{PD-UAexMilitary}} for works of a Ukrainian military or Ministry of Defense if it is symbol or sign of government authorities, the Armed Forces of Ukraine and other military formations.

CurrencyEdit

Symbol OK.svgOK Ukrainian currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 10 of Copyright law of Ukraine.[3792-XII/199-2017 Art.10(e)]

Please use {{PD-UA-exempt}} for Ukrainian currency images.

Freedom of panoramaEdit

X mark.svg Not OK: {{NoFoP-Ukraine}}

Ukrainian copyright law does not contain a general exception for reproductions of works in public places. Architectural works (plans, models, and actual buildings, as well as a statues and sculptures; are objects of copyright.[3792-XII/199-2017 Art.8(1)] The author holds, amongst other rights, the exclusive rights to reproduction, public display, and communication to the public (§15). Architectural and sculptural works are in no way treated differently than other kinds of works in Ukrainian law.

It is claimed, though, that article 21(4) of the Ukrainian law on copyright and related rights implied some kind of "freedom of panorama":

  • ...it shall be permitted without the consent of the author (or other copyright holder) and with mandatory indication of the author's name and of the source of borrowing: ... to reproduce, in order to highlight current events by means of photography or cinematography, to carry out public notification or other public communication of the works seen or heard in the course of such events to the extent justified by the informational purpose.[3792-XII/199-2017 Art.21(4)]

This, however, is limited to "informational purposes" and to "current events". It is not general freedom of panorama but a "fair use"-like provision for news reporting.

Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st Year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here in Ukraine since the author's works are now in the public domain.

StampsEdit

Public domain use {{PD-UA-exempt}}.

According to the Article 10 of the Law of Ukraine on Copyright and Related rights, all Ukrainian stamps are in the public domain. They are defined as "state signs" in the Law of Ukraine On Postal Service (4 October 2001) :

  • Postage stamp means a state sign manufactured according to the procedure set forth by legislation, with specified face value and state, serving as the tool of payment for postal services provided by the national operator.[4]

See alsoEdit

CitationsEdit

  1. a b Ukraine Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 3792-XII of December 23, 1993, on Copyright and Related Rights (as amended up to April 26, 2017). Ukraine (2017). Retrieved on 2018-11-03.
  3. a b 17 USC 104a Copyright in restored works. United States Copyright Office. Retrieved on 2019-03-23.
  4. Закон України. Про поштовий зв'язок (Law of Ukraine. About the postal service ). Bulletin of the Verkhovna Rada of Ukraine (VVR) 39 (2002). Retrieved on 2019-03-23. "поштова марка - державний знак, виготовлений у встановленому законодавством порядку із зазначенням його номінальної вартості та держави, який є засобом оплати послуг поштового зв'язку, що надаються національним оператором."
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:United Arab Emirates

United Arab Emirates

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

BackgroundEdit

The emirates that now make up the UAR became a British protectorate in 1819 as the Trucial States. The United Arab Emirates became independent on 2 December 1971.

The UAR has been a member of the the World Trade Organization since 10 April 1996 and the Berne Convention and WIPO Copyright Treaty since 14 July 2004.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Federal Law No. 7 of 2002 Concerning Copyrights and Neighboring Rights as the main IP law enacted by the legislature of the United Arab Emirates.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Talal Abu-Ghazaleh Organization holds a copy of Federal Law No.(32) of the year 2006 Amending the Federal Law No.(7) of the year 2002 concerning copyrights and neighboring rights.[3]

The 2002 law replaced Federal Law No. 40 of 1992 on the Protection of Intellectual Works and Copyright. WIPO also holds a copy of the earlier 1992 law.[4] Under the 2002 law,

  • The Federal Law No. 40 of the year 1992 and any other provision contrary to the provisions of this law, are hereby cancelled.[7/2002 Article 48]
  • The applied regulations and decisions shall be valid as long as they do not contradict with the provisions of this law until the new regulations and the implementing decisions are issued, and entered into force.[7/2002 Article 49]

General rulesEdit

Under the former Federal Law No. 40 of 1992,

  • Copyright was valid during the author's lifetime and for 25 calendar years after his death.[7/2002 Article 20]
  • Copyright was valid for 25 calendar years from date of publication for the following works[7/2002 Article 20]:
    • Cinema films and works of the applied arts.
    • Works made by legal persons.
    • Works published under a pen name, or without mentioning the author's name.
    • Works published for the first time after the death of their author.
  • The period of copyright for photographic works was 10 calendar years from the date of publication.[7/2002 Article 20]
  • The period of copyright for works of joint authors was counted from the death date of the last surviving author.[7/2002 Article 20]

Under Federal law No. 7 of 2002, which is retroactive, as amended in 2006:

  • The economic rights of the author are protected through his lifetime and for 50 years beginning from the first day of the calendar year following the death.[7/2002 Article 20.1]
  • The economic rights of the joint authors shall be protected through their lifetime and fifty years beginning from the first day of the calendar year following the death of the last surviving author.[7/2002 Article 20.2]
  • Collective works except applied arts are protected for 50 years beginning from the first day of the next calendar year of the first publication if the author is a legal person, but if the author is a natural person, the period will be calculated according to the rule stipulated in (1) and (2) of this article.[7/2002 Article 20.3]
  • The economic rights of works published for the first time after the death of their author expire after 50 years starting the first day of the next calendar year of its first publications.[7/2002 Article 20.3]
  • The economic rights of the works published anonymously or pseudonymously shall be protected for 50 years from the first day of the next calendar year of the first publication, unless the author becomes known in this period.[7/2002 Article 20.4]
  • The economic rights of the authors of the applied art works shall expire after 25 years of its first publication, starting the first day of the next calendar year.[7/2002 Article 20.5]

In order to be hosted on Commons, public domain works must be out-of-copyright in both the United States and their source country. Emirati photographs are currently in the public domain in the United States if their protection period had expired in the United Arab Emirates prior to the URAA date of restoration (10 April 1996).

Not protectedEdit

Under Federal Law No. 7 of 2002 protection does not extend to:

  • Mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts, but extends to creative expression in any of them.[7/2002 Article 3]
  • Official documents, whatever their original language or the language they are translated to, such as the texts of laws, regulations, decisions, international agreements, judgments, arbitrators’ awards and the decisions of the administrative committees having judicial competence.[7/2002 Article 3(1)]
  • News, events and current facts, which constitute merely media news.[7/2002 Article 3(2)]
  • Works transferred to public property.[7/2002 Article 3(3)]

Copyright tagsEdit

CurrencyEdit

X mark.svg Not OK Banknotes and coins are not exempted from copyright law in the United Arab Emirates, and so are protected in the same way as other works of applied and plastic art or drawings, with respect to reproduction and to the time period of copyright protection.

Freedom of panoramaEdit

X mark.svg Not OK {{NoFoP-UAE}}

There is no usable FoP provision in the copyright law of the UAE (Federal Law #1 of 1972, Federal Law #15 of 1980, Federal Law #40 of 1992, and Federal Law (32) 2006). UAE copyright law as of 2006 discusses an FoP like provision, but it is restricted to "broadcasts".

  • The author must not prohibit a third person from performing one of the following acts ... Presenting fine arts, applied and plastic arts or architectural works in broadcasting programmes, if such works are permanently present in public places.[7/2002 Article 22.7]

See Commons talk:Freedom of panorama/Archive 6#Update: UAE FoP situation under dispute for a discussion on FoP in the UAE.

StampsEdit

Copyrighted The 2002 UAE law states that such works as stamps are protected for 50 years starting from 1 January of the publication year. Yet the 1992 law gave a 25 years copyright protection (starting from the publication date). This means that all UAE postage stamps printed before 1977 are in public domain. Stamps issued after that year should wait 50 years.

One may tag Template:PD-United Arab Emirates stamp to any such image.

See alsoEdit

CitationsEdit

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

United Kingdom

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

Governing lawsEdit

United Kingdom has been a member of the Berne Convention since 5 December 1887, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright, Designs and Patents Act 1988 (Chapter 48, incorporating amendments up to the Digital Economy Act 2017) as the main IP law enacted by the legislature of United Kingdom.[1] WIPO holds the text of this law in their WIPO Lex database.[2] An up-to-date version of the Act is also available in structured form on legislation.gov.uk.[3]

Prior to 1988, copyright was governed by the Copyright Act 1956.

SummaryEdit

  • Standard copyright term: Life + 70 years
  • Crown copyright:
    • 50 years from first commercial publication, but
    • works except engravings created prior to 30 June 1957: 50 years from creation
  • Anonymous works
    • Photographs created before 30 June 1957: 70 years after creation if unpublished, 70 years after publication if published within 70 years of creation
  • Posthumous works
    • Non-photographic works, published posthumously before 1945, where author died 20 years or more before publication: 50 years after publication

GeneralEdit

As with the rest of the European Union, the basic copyright term in the United Kingdom is life of the author plus 70 years. The author must be a natural person and cannot be a corporation. There are a number of variations on this however. Works in the United Kingdom fall into two categories for the purposes of copyright duration: government works and non-government works. The former are covered by Crown copyright and Parliamentary copyright and their special duration rules, and the latter by ordinary copyright duration rules.

Crown copyrightEdit

Crown copyright works have a basic term of protection of 50 years from date of commercial publication. For Crown works created before the entry into force of the Copyright Act 1956 on 30 June 1957 other rules apply. Crown copyright photographs created prior to 30 June 1957 have a copyright term of 50 years from creation. Published Crown copyright engravings created prior to 30 June 1957 have a copyright term of 50 years from commercial publication. Unpublished Crown copyright engravings of the period come out of copyright at the end of 2039. Crown artistic works other than engravings and photographs created prior to 30 June 1957 have a copyright term of 50 years from creation.

Further special rules apply to Crown artistic works created between 30 June 1957 and the entry into force of the Copyright Designs and Patents Act 1988 on 1 August 1989. Published engravings created in this period are still out of copyright 50 years after commercial publication. Unpublished engravings created in this period come out of copyright at the end of 2039 as before. Published photographs are out of copyright 50 years after publication. Unpublished photographs come out of copyright at the end of 2039. Other artistic works come out of copyright 50 years after creation.

Tim Padfield has prepared a flowchart that summarizes these durations.[4]

Crown copyright sound recordings are much more simple. Copyright expires 50 years after creation unless the work is commercially published during that period when copyright expires 50 years after first publication.

The Ordnance Survey OpenData licence has been designed to be compatible with Creative Commons BY 3.0 and appears to be okay.[5][6]

Some works published from 2010 are available under the UK Open Government Licence, which is meant to be compatible with the CC BY 3.0 licence. See {{OGL}}.[6]

Parliamentary copyrightEdit

Parliamentary copyright was created by the Copyright Designs & Patents Act 1988 and its duration rules are the same as for Crown copyright materials created after 30 August 1989.

Copyright on sound recordingsEdit

If the source material is out of copyright, sound recordings leave copyright after 50 years from first publication. Plans are underway to extend this to 70 years.

Ordinary copyrightEdit

For ordinary copyright works the largest distinction is between those with a known author and those with a pseudonymous or anonymous author. There are also distinctions in copyright term between artistic works and sound recordings. The commencement dates for the Copyright Act 1957 and the Copyright Designs & Patents Act 1988 are also crucial. For a summary of these rules see the flowchart.[7] This means that some works whose copyright expired before the 1988 act came into force were brought back into copyright.

The rules for ordinary copyright sound recordings are the same as for Crown copyright sound recordings.

Known authorEdit

If the work was created after 30 August 1989 and has a known author copyright expires 70 years after the death of the author. If the work is a photograph with a known author taken before 30 June 1957 then copyright also expires 70 years after the death of the author. If the work is a non-photograph artistic work with a known author which was created prior to 30 August 1989 then several scenarios can apply:

  1. If the work was published during the author's lifetime then copyright expires 70 years after the death of the author.
  2. If the work was published before 30 August 1989 and the author died more than 20 years before publication then copyright expires 50 years after publication.
  3. If the work was published before 30 August 1989 and the author died less than 20 years before publication then copyright expires 70 years after the death of the author.
  4. If the work was not published before 30 August 1989 and the author died after 1968 then copyright expires 70 years after the death of the author.
  5. If the work was not published before 30 August 1989 and the author died before 1969 then copyright expires at the end of 2039.

Unknown authorEdit

Commons:Anonymous_works:United_Kingdom

If the author is unknown then the basic time period to bear in mind is 70 years. If the work has an unknown author and was created after 30 August 1989, copyright expires either 70 years after creation or, if during that period the work is made available to the public by being published, 70 years after publication. If the work is a photograph with an unknown author taken before 1 June 1957 then copyright expires 70 years after creation or, if during that period the work is made available to the public, 70 years after that. If the work was created before 1969 with an unknown author, then several scenarios may apply:

  1. If the work was published before 30 August 1989 then copyright expires 70 years after that first publication.
  2. If the work is unpublished and was first made available to the public after 1968 then copyright expires 70 years after the work was first made available to the public.
  3. If the work is unpublished and has never been made available to the public then copyright expires at the end of 2039.
  4. If the work is unpublished and was first made available to the public before 1969 then copyright expires at the end of 2039.

Typographical copyrightEdit

If scanning a copyright-expired work from a British publication, typographical copyright must be borne in mind.[8] This subsists for 25 years from creation of the publication and covers the typographical arrangement of the publication. It does not exist in the United States.

Publication rightEdit

One related right to copyright that must be borne in mind in the United Kingdom is publication right. This applies to ordinary copyright works but does not apply to Crown copyright works. If the copyright of an unpublished work has expired (virtually impossible before 2040) then the first publisher of that work is entitled to publication right over that work. Publication right has the same rules as copyright but only lasts for 25 years. It does not exist in the United States.

Database rightEdit

If scanning material from a publication from 1982 or later database right must also be borne in mind. This right normally lasts 15 years from creation or substantial amendment of the database. Many books count as databases due to their systematic arrangement of information. Under transitional provisions works created from 1982-1997 are also covered by database right until the end of 2012, ie 15 years after the passage of the original legislation. It does not exist in the United States.

Copyright tagsEdit

The following are copyright tags/ templates for UK works. If you are uploading a UK-based work to Commons, please find the corresponding tag and add it to the licensing information for the item you are uploading (copy and paste, if you like). When you then save the file, these tags will expand to produce and appropriate text for that kind of license.

  • {{PD-UK-unknown}} – this applies for old UK images of unknown authorship where copyright has expired
    • {{PD-Britannica}} – for images from the 12th edition of the Encyclopædia Britannica or earlier.
  • {{PD-UKGov}} – this one is for UK Crown copyright images where copyright has expired (typically works created prior to 1969)
    • {{OldOS}} – this tag is for Ordnance Survey maps published in the UK over 50 years ago.
    • {{OS OpenData}} – this tag is for Ordnance Survey maps published in the UK.

The UK's Open Government Licence (OGL) (view in English or Welsh) is a simple set of terms and conditions that facilitates the re-use of a wide range of public sector information free of charge. Since 2010, almost all information owned by the UK Crown is offered for use and re-use under the Open Government Licence.

The Open Parliament License (OPL) facilitates the free use of material made available by the House of Commons or the House of Lords in which copyright or database right subsists. Almost all material produced by Parliament and its committees is governed by the Open Parliament License.

CurrencyEdit

X mark.svg Not OK UK banknotes are fully protected by copyright. The Bank of England owns the copyright on its banknotes, and all banknotes carry a © notice.[9] No images of these banknotes may be uploaded to Commons. Those that are will be deleted.

Coin designs are copyrighted by the Royal Mint.[10]

Publishing images of coins is not prohibited by the Forgery and Counterfeiting Act 1981.[11] Its Section 19 refers only to "imitation British coins", defined as "any thing which resembles a British coin in shape, size and the substance of which it is made". The implication here is that images cannot resemble the substance of the real coins. However, since such images may only be published with the official consent of the Royal Mint, none of these images is allowed on Commons.

Both the Bank of England's copyright on its banknotes and the Royal Mint's copyright on coin designs are instances of Crown Copyright. Published photographs or engravings subject to Crown Copyright which were created more than 50 years ago are now in the public domain: use {{PD-UKGov}}. Images of British coins and banknotes which were minted and circulated more than 50 years ago are permissible provided that the author of the work containing the coins or banknotes is willing to release his / her copyright to the reuse of the image, which is a separate copyright concern and must also be addressed.

Scottish and Northern Irish banks will retain their own copyright on banknotes independent of the Bank of England; however, in the United Kingdom, it is a criminal offence under s18(1) of the Forgery and Counterfeiting Act 1981 "to reproduce on any substance whatsoever, and whether or not on the correct scale, any British currency note or any part of a British currency note."[11] The term "British currency note" is defined as something which "has been lawfully issued in England and Wales, Scotland or Northern Ireland", "is or has been customarily used as money in the country where it was issued", and is payable on demand" - this includes Scottish and Northern Irish banknotes, as well as those issued by the Bank of England.

De minimisEdit

Section 31 of the UK Copyright, Designs and patents Act 1988, as subsequently amended in 2003, states that:

  • Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, or broadcast.

"Artistic work", as defined within the act, includes photographs.

Freedom of panoramaEdit

Symbol OK.svgOK for 3D works
Symbol OK.svgOK for 2D "works of artistic craftsmanship"
X mark.svg Not OK for 2D "graphic works" {{FoP-UK}}

Section 62 of the UK Copyright, Designs and Patents Act 1988 is broader than the corresponding provisions in many other countries, and allows photographers to take pictures of

  • buildings, and
  • sculptures, models for buildings and works of artistic craftsmanship (if permanently situated in a public place or in premises open to the public).

without breaching copyright. Such photographs may be published in any way.

Note that under UK law, "works of artistic craftsmanship" are defined separately from "graphic works". Graphic works are defined in Section 4 as any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work. The freedom provided by Section 62 does not apply to graphic works - such as a mural or poster - even if they are permanently located in a public place. These cannot be uploaded to Commons without a licence from the copyright holder.

The courts have not established a consistent test for what is meant by a "work of artistic craftsmanship", but one of the standard reference works on copyright, Copinger and Skoane James (15th edn, 2005), suggests that for a work to be considered as such the creator must be both a craftsman and an artist. Evidence of the intentions of the maker are relevant, and according to the House of Lords case of Hensher -v- Restawile [1976] AC 64, it is "relevant and important, although not a paramount or leading consideration" if the creator had the conscious purpose of creating a work of art. It is not necessary for the work to be describable as 'fine art'.

In Hensher -v- Restawile, some examples were given of typical articles that might be considered works of artistic craftsmanship, including hand-painted tiles, stained glass, wrought iron gates, and the products of high-class printing, bookbinding, cutlery, needlework and cabinet-making. Copinger and Skoane James suggests that original jewellery is another candidate.

Other works that have been held to fall under this definition include hand-knitted woollen sweaters, fabric with a highly textured surface including 3D elements, a range of pottery and items of dinnerware. The cases are, respectively, Bonz -v- Cooke [1994] 3 NZLR 216 (New Zealand), Coogi Australia -v- Hyrdrosport (1988) 157 ALR 247 (Australia), Walter Enterprises -v- Kearns (Zimbabwe) noted at [1990] 4 EntLR E-61, and Commissioner of Taxation -v- Murray (1990) 92 ALR 671 (Australia).

The practical effect of the broad Freedom of Panorama provisions in the UK and in other countries with similar laws is that it is acceptable to upload to Commons not only photographs of public buildings and sculptures but also works of artistic craftsmanship which are on permanent public display in museums, galleries and exhibitions which are open to the public. According to Copinger and Skoane James, the expression "open to the public" presumably extends the section to premises to which the public are admitted only on licence or on payment. Again, this is broader than 'public place' which is the wording in many countries.

The Design and Artists Copyright Society and Artquest provide further information on freedom of panorama in the United Kingdom.[12][13]

StampsEdit

Red copyright.svg. Many British stamps are "Crown Copyright", that expires after 50 years and puts the stamps in the public domain. (See Crown copyright.) This also applies to the stamps of the various territories of the British Empire prior to their independence.

Following the privatisation of Royal Mail as a separate legal entity in 2012 the copyright of new British stamps has been held by Royal Mail in its own right, so in general no stamp may be uploaded.

Threshold of originalityEdit

Symbol OK.svgOK Lego bricks (see w:Interlego v Tyco Industries)

X mark.svg Not OK for most logos. The level of originality required for copyright protection in the United Kingdom is very low.

These images are eligible for copyright protection:

Digital copies of imagesEdit

In 2014 (updated 2015) the UK's Intellectual Property Office issued an advice notice, which said, in part:[16]

  • According to the Court of Justice of the European Union which has effect in UK law, copyright can only subsist in subject matter that is original in the sense that it is the author’s own ‘intellectual creation’. Given this criteria, it seems unlikely that what is merely a retouched, digitised image of an older work can be considered as ‘original’. This is because there will generally be minimal scope for a creator to exercise free and creative choices if their aim is simply to make a faithful reproduction of an existing work.

See alsoEdit

CitationsEdit

  1. a b United Kingdom Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-12.
  2. Copyright, Designs and Patents Act 1988 (Chapter 48, incorporating amendments up to the Digital Economy Act 2017). United Kingdom (2017). Retrieved on 2018-11-11.
  3. Copyright, Designs and Patents Act 1988 (current). legislation.gov.uk. National Archives. Retrieved on 2019-03-29.
  4. Tim Padfield. Duration of Crown Copyright: Artistic Works. Copyright for Archivists. Retrieved on 2019-03-29.
  5. OS OpenData acknowledgements. Ordnance Survey. Retrieved on 2019-03-29.
  6. a b Open Government Licence. National Archives. Retrieved on 2019-03-29.
  7. Tim Padfield. DURATION OF COPYRIGHT - Literary, dramatic, musical and artistic works. Copyright for Archivists. Retrieved on 2019-03-29.
  8. Tullo, Carol. Guidance - Copyright in Typographical Arrangement. The National Archives (United Kingdom). Retrieved on 10 March 2018.
  9. Using images of banknotes. Bank of England. Retrieved on 2019-03-29.
  10. Advertising Guidelines. Royal Mint. Retrieved on 2019-03-29.
  11. a b Forgery and Counterfeiting Act 1981. legislation.gov.uk. Retrieved on 2019-03-29.
  12. Factsheet: Sculpture and Works of Artistic Craftmanship on Public Display. Design and Artists Copyright Society. Retrieved on 2019-03-29.
  13. Advertising and marketing art: Copyright confusion. Artquest.
  14. Maurizio Borghi (2 August 2011). UK: Future v. Edge (High Court Chancery Division), 13 june 2011. Kluwer Copyright Blog. Retrieved on 2019-03-29.
  15. Uture Publishing v. The Edge Interactive Media (13 June 2011). Retrieved on 2019-03-29.
  16. Copyright Notice: digital images, photographs and the internet. Intellectual Property Office (November 2015). Retrieved on 17 January 2019.
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:United Nations

United Nations

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

General rulesEdit

According to shop.un.org as of 2019,[1]

  • Permission is required to reuse content from any and all United Nations’ online platforms and databases (namely, legal and statistical databases).
  • With regard to treaties and conventions, while each individual text is in the public domain, the online UN Treaty Collection is proprietary.
  • Use and display of the United Nations emblem is highly restricted and essentially limited to the organization’s activities. You may not use any trademark, official mark, official emblem, flag or logo of the United Nations, or any of its other means of promotion or publicity, to represent or imply an association or affiliation with the United Nations without the United Nation’s prior written consent.
  • UN photos cannot be altered, sold, redistributed or used to create derivative works.

Former rulesEdit

The United Nations's basic policy towards copyrighting as set forth in administrative instruction ST/AI/189/Add.9/Rev.1 of 26 March 1985 was not to seek copyright with the intention of thus facilitating dissemination as widely as possible of the ideas in United Nations publications. Under ST/AI/189/Add.9/Rev.2 of 17 September 1987, the United Nations would still not seek copyright for official records, documents and public information material, but did seek protection for all recurrent publications, studies or reports.[2]

United States statusEdit

Under the Second Protocol of the Universal Copyright Convention (Paris text), protection under U.S. copyright law is expressly required for works published by the United Nations, by UN specialized agencies and by the Organization of American States.[17 USC Sec. 104 (b.5)][3]

Copyright tagsEdit

  • {{PD-US-no notice-UN}}: Work is excerpted from an official document of the United Nations published in the United States prior to 17 September 1987.
  • {{PD-UN-doc}}: Published by the United Nations without a copyright notice, was left in the public domain in order to disseminate "as widely as possible the ideas (contained) in the United Nations Publications". It falls into one of the following categories outlined in Administrative Instruction ST/AI/189/Add.9/Rev.2 (paragraph 2):
    • Official records (proceedings of conferences, verbatim and summary records, periodic supplements, compilations of resolutions, etc.)
    • United Nations documents issued with a UN document symbol
    • Public information material designed primarily to inform the public about United Nations activities (not including material that is offered for sale)
  • {{PD-UN-map}} – United Nations maps.

See alsoEdit

CitationsEdit

  1. Rights & Permissions. United Nations (2018). Retrieved on 2018-12-29.
  2. ST/AI/189/Add.9/Rev.2. United Nations (17 September 1987). Retrieved on 2018-12-29.
  3. House Report No. 94-1476 in connection with Title 17, United States Code, Section 104 (2006-08-31).
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:United States

United States of America


US copyrights for works first published in US, excluding audio works
Year of first publication
Note: publication is not creation
Copyright duration
  • before 1924
  • during 1924-63: without notice, or with notice but not renewed within 28 years of first publication
  • during 1964-77: without notice
  • from 1978 to March 1, 1989: without notice and without registration within 5 years of first publication
Work has entered US public domain
  • during 1924-63: with notice and renewed
  • during 1964-77: with notice
Copyrighted for 95 years after first publication
  • from 1978 to March 1, 1989: pre-1978 creation with notice, or without notice but registered within 5 years of first publication
  • from March 2, 1989 to 2002: pre-1978 creation
  • If author is known, copyrighted until the later of either 70 years pma or Dec 31, 2047.
  • If author is unknown or corporate authorship, the earlier of 95 years after first publication or 120 years after creation, but not earlier than Dec 31, 2047.
  • from 1978 to March 1, 1989: post-1977 creation with notice, or without notice but registered within 5 years of first publication
  • from March 2, 1989 to 2002: post-1977 creation
  • unpublished before 2003 (i.e. first published after 2002)
  • If author is known, copyrighted for 70 years pma.
  • If author is unknown or corporate authorship, the earlier of 95 years after first publication, or 120 years after creation.
pma: post mortem auctoris, or "after the author's death"

This page provides an overview of copyright rules of the United States relevant to uploading works into Wikimedia Commons.

General rulesEdit

  • Anything published before January 1, 1924 is in the public domain. For a definition of “publication” see e.g. Copyright Office circular 1: Copyright Basics], page 3.[1] This modern definition is only valid for 1978 and later, as the 1909 Copyright Act did not explicitly define it, though the concepts were similar.
  • Anything published before January 1, 1964 and whose copyright was not renewed is in the public domain (search the Copyright Renewal Database, Stanford University for books).
  • Anything published before January 1, 1978 with no copyright notice ("©", "Copyright" or "Copr.") plus the year of publication (may be omitted in some cases) plus the copyright owner (or pseudonym) is also in the public domain.
  • Anything published in or after 1978 but before March 1, 1989 with no copyright notice is in the public domain unless the work's copyright was registered within 5 years of the work's initial publication.
  • Works which were first published outside the US (and not subsequently republished in the US within 30 days) on or after January 1, 1924 may be copyrighted in the US by virtue of the URAA (Uruguay Round Agreements Act) even if the work's US copyright previously expired due to a failure to comply with US copyright formalities (copyright renewal and inclusion of a copyright notice.)[2] In general, such works had their US copyright restored if the work was out of copyright in the US due to noncompliance with US formalities but still under copyright in its country of origin on the URAA date. (For most countries, the URAA date is January 1, 1996.) Works first published in the US are not affected by the URAA.
  • The US copyright situation for sound recordings (including those published before 1924) is a special case. Recordings fixed on or after February 15, 1972 are subject to the same copyright rules as other works. Under the Music Modernization Act, which was signed into law in October 2018, recordings fixed prior to February 15, 1972 are subject to a copyright term that depends on when the recording was first published.
  • Recordings that were published prior to 1924 will enter the public domain on January 1, 2022. Recordings that were published from 1924 through 1946 are copyrighted for a period of 100 years after first publication. Recordings that were published from 1947 through 1956 are copyrighted for a period of 110 years after first publication. Recordings that were published after 1956 and first fixed prior to February 15, 1972 will enter the public domain on February 15, 2067. These copyright terms for pre-1972 recordings apply regardless of any formalities (copyright notice, registration with the US copyright office, or copyright renewal.)
  • Works created after January 1, 1978 are protected for 70 years after the death of the creator.
  • Works created before 1978 and first published after or in 1978 are protected for the earlier of 95 years from publication or registration for copyright or 120 years from creation (for anonymous or corporate works) or 70 years after death of the creator for known authors; if it was published in 1978–2001, that copyright is extended to December 31, 2047 if it's shorter. (Thus no works first published with permission of the copyright holder between 1978 and 2001 in the US are out of copyright.)

U.S. copyright law applies in all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, but does not apply in American Samoa. According to the U.S. Copyright Office 17 U.S.C. § 101 (defining use of the term "United States" in the Copyright Act of 1976): "The 'United States', when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government."[3] Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[4]

Full details of US Copyright Law (Title 17) are published by the U.S. Copyright Office.[5]

Works by the US GovernmentEdit

A work by the U.S. federal Government is in the public domain. This applies certainly within the United States; it may, however, not apply in other jurisdictions. See the CENDI Copyright FAQ list, 3.1.7, the U.S. Government's own statement to that effect, but also this discussion.

Example of public domain work created by NASA, a U.S. federal government agency
  • Images on government or government agency websites are not necessarily public domain; always look for copyright notices or similar. Especially the images on the favorite website "Astronomy Picture of the Day" are in most cases not within the public domain but copyrighted by their individual authors (so please do not upload images from there to Wikimedia Commons). Images on certain military websites (e.g. AKO) frequently are creations of military members in their individual capacities (e.g. soldiers on patrol using their personal cameras). These images may not be in the public domain, but they are very hard to distinguish from works of military photographers, and they rarely contain copyright information.
  • This does not include governments of the individual states. The work of most state and local governments are subject to copyright, but there are some exceptions.
  • This does not include government-funded corporations like Amtrak
  • This does not include works of employees of the USPS, as exempted in 1976 [5]. In particular, the USPS holds exclusive copyright to all US postage stamp designs since 1978 [6] (older US stamps are all considered public domain).
  • This also does not include works commissioned by the US Government, but produced by contractors; in this case, the copyright may have been assigned to the US Government (for instance, the copyright of the official Ada programming language manual was assigned to the US Department of Defense).
  • Some US government agencies may work in cooperation with other agencies or corporations; this is in particular the case of NASA, which operates the Jet Propulsion Laboratory in cooperation with Caltech, and operates a number of space projects in cooperation with foreign agencies such as ESA and CNES. Only materials solely produced by NASA are in the public domain. The other agencies may hold copyright on some material, including material published on NASA sites (in these cases there will be copyright notices— please look for them to determine copyright status).
  • The government sometimes publishes images with statements about non-copyright restrictions (like the White House photostream). This does not affect copyright.
  • Commercial use of some federal images, such as identifying insignia or identification, is prohibited however. Fraudulent use (such as wearing military decorations without authorization) is also banned. However, restrictions of this nature are not within the scope of Commons policy.
  • The United States Army Institute of Heraldry— the official custodian of such images has addressed this issue with its Copyright statement, which informs the reader as to how to meet any commercial needs under this statute.

Edicts of GovernmentEdit

  • Edicts of Government are always public domain in whole or in part and applies to such works whether they are Federal, State, or local as well as to those of foreign governments. This includes judicial opinions, administrative rulings, legislative enactments (laws, statutes), public ordinances, regulations, and similar official legal documents. Precedence is that citizen are expected to understand the law and that there can be no copyright assertion of laws or court decisions. Edicts of government may or may not overlap with works by the U.S. Government.

Copyright tagsEdit

See also #US States and Territories

U.S. Government agenciesEdit

  • {{PD-USGov}} – for images created by the U.S. Federal Government that are ineligible for copyright.
Legislative BranchEdit
Department of AgricultureEdit
Department of CommerceEdit
  • {{PD-USGov-DOC}} – for public domain images from the Department of Commerce.
    • {{PD-USGov-DOC-Census}} – public domain files from the U.S. Census Bureau.
    • {{PD-USGov-NIST}} – for public domain images from the National Institute of Standards and Technology.
    • {{PD-USGov-NOAA}} – for public domain images from the National Oceanic and Atmospheric Administration.
      • {{PD-NWS}} – for public domain media from the National Weather Service.
    • {{PD-US-patent}} – for public domain images released under U.S. patent regulations.
Department of DefenseEdit
Department of EducationEdit
  • {{PD-USGov-ED}} – for public domain images from the Department of Education.
Department of EnergyEdit
  • {{PD-USGov-DOE}} – for public domain images from the Department of Energy.
    • {{PD-LosAlamos}} – for DOE public domain images from the Los Alamos National Laboratory.
    • {{PD-USGov-ARM}} – for public domain images from the Atmospheric Radiation Measurement Program.
Department of Health and Human ServicesEdit
Department of Homeland SecurityEdit
  • {{PD-USGov-DHS}} – for public domain images from the Department of Homeland Security.
    • {{PD-USCG}} – for public domain images from the U.S. Coast Guard.
    • {{PD-USGov-FEMA}} – for public domain images from the Federal Emergency Management Agency.
Department of Housing and Urban DevelopmentEdit
  • {{PD-USGov-HUD}} – for public domain images from the Department of Housing and Urban Development.
Department of the InteriorEdit
Department of JusticeEdit
Department of LaborEdit
Department of StateEdit
  • {{PD-USGov-DOS}} – for public domain images from the Department of State.
    • {{PD-USGov-USIA}} – for public domain images from the now-defunct United States Information Agency.
Department of TransportationEdit
  • {{PD-USGov-DOT}} – for public domain images from the Department of Transportation.
    • {{PD-USGov-MUTCD}} – for images taken from the Manual on Uniform Traffic Control Devices.
    • {{PD-USGov-FAA}} – for public domain images from Federal Aviation Administration.
    • {{PD-USGov-NTSB}} – for public domain images from the National Transportation Safety Board.
Department of the TreasuryEdit
  • {{PD-USGov-Treasury}} – for public domain images from the Department of the Treasury.
    • {{PD-USGov-money}} – for images of the official currency of the United States that are ineligible for copyright.
Department of Veterans AffairsEdit
  • {{PD-USGov-DVA}} – for public domain images from the Department of Veteran Affairs.
Independent agenciesEdit

U.S. Library of Congress public domain collectionsEdit

See also: Commons:Library of Congress

US States and TerritoriesEdit

Further information: W:WP:PDOMG
Further information: W:Copyright status of work by U.S. subnational governments

Work of Organized Territories has less clear status; the first link in this section shows strong evidence that Puerto Rico's works are in the public domain, while the second link prevaricates.


MiscellaneousEdit

CurrencyEdit

Coins

Symbol OK.svgOK

Many but not all coins or bills produced by the United States Mint are in the public domain as works of the Federal Government. Some were designed by third parties who assigned rights to the Mint. These are typically commemorative coins for special occasions and the copyright is described in their marketing materials; another example is the obverse of the golden dollar.[8] The status of each coin or bill should be assessed individually.

Banknotes

Symbol OK.svgOK

"Color illustrations" of banknotes appear to be permitted if they respect the following conditions (from 18 U.S. Code § 504 and 31 CFR § 411.1):

  • the illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated;
  • the illustration is one-sided; and
  • all negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.

Please use {{PD-USGov-money}} for relevant US currency images.

De minimisEdit

The United States courts interpret the de minimis defence in three distinct ways:

  1. Where a technical violation is so trivial that the law will not impose legal consequences;
  2. Where the extent of copying falls below the threshold of substantial similarity (always a required element of actionable copying); and
  3. In connection with fair use (not relevant here, since Commons does not allow fair use images).

It is the first of these that is often of particular concern on Commons.

Freedom of panoramaEdit

✓OK for buildings only {{FoP-US}}

Buildings are works subject to copyright in the U.S. according to 17 USC 102(a)(8) since the Architectural Works Copyright Protection Act was passed in 1990. It applies to all buildings that were completed after December 1, 1990, even if begun before, or where the plans were published after that date.

However, the U.S. federal copyright law explicitly exempts "pictures, paintings, photographs, or other pictorial representations" of copyrighted buildings from the copyright of the building in 17 USC 120(a). Anyone may paint, draw, or photograph buildings from public places. This includes such interior public spaces as lobbies, auditoriums, etc. The creator holds the exclusive copyright to such an image (the architect or owner of the building has no say whatsoever), and may publish the image in any way. 17 USC 120 applies only to architectural works, not to other works of visual art, such as statues or sculptures.

This means that for buildings completed before December 1, 1990, there is complete FoP, without regard to whether the building is visible from a public place, because the building is public domain, except for the plans. For photos of such buildings, the license tag {{PD-US-architecture}} can be used (along with a license tag for the photo.) For buildings completed after December 1, 1990, freedom is given only to photograph such a building. This includes style elements such as gargoyles and pillars, which are protected only from three-dimensional reproduction (Leicester v. Warner Bros.).

Note that copyright applies only to "buildings".

"The term building means structures that are habitable by humans and intended to be both permanent and stationary, such as houses and office buildings, and other permanent and stationary structures designed for human occupancy, including but not limited to churches, museums, gazebos, and garden pavilions."

All such works are copyrighted and, therefore, covered by the FOP exemption only if they are visible from a public place.

"Bridges, cloverleafs, dams, highways or walkways are not ‘buildings’ under the definition of architectural works."

In the U.S., such works do not have a copyright and therefore may be photographed freely, whether or not from a public place. They do have copyrights in many other countries.

Originality requirement

This discussion must be considered qualified by the requirement under US law that a work, including a derivative work, must display originality to be protectable under copyright law. See Feist Publications, Inc., v. Rural Telephone Service Co. in the English Wikipedia. More specifically, in the case of derivative works, it has been held, in Durham Industries, Inc. v. Tomy Corp.[8] and earlier in L. Batlin & Son, Inc. v. Snyder.[9] that a derivative work must be original relative to the underlying work on which it is based. Otherwise, it cannot enjoy copyright protection and copying it will not infringe any copyright of the derivative work itself (although copying it may infringe the copyright, if any, of the underlying work on which the derivative work was based). For further discussion of this issue, see the Wikipedia article Derivative work.

For a legal discussion, see Wikilegal/Pictorial Representations Architectural Works.

Artworks and sculptures X mark.svg Not OK.

For artworks, even if permanently installed in public places, the U.S. copyright law has no similar exception, and any publication of an image of a copyrighted artwork thus is subject to the approval of the copyright holder of the artwork. However, public artwork installed before 1924 is considered to be public domain, and can be photographed freely. In addition, any public artwork installed before 1978 without a copyright notice is also in the public domain (unless the copyright owner actively prevented anyone from copying or photographing the work until 1978). In these situations, document the date of installation and the creator (sculptor) of the pictured work as much as possible. (A good resource for finding information about U.S. sculptures is the Smithsonian Art Inventories Catalog.)

Applicable templates:

The line of argument that a large sculpture or memorial is a building and therefore covered by the FOP exemption was specifically rejected in Federal claims court (Gaylord v. The United States, 2008), which noted that the building exemption to the Architectural Works Copyright Protection Act (AWCPA) does not extend to "The Column" sculpture in the Korean War Veterans Memorial because "[t]he structures used in the definition of 'building' by the Copyright Office are intended to house individuals; either for the sake of providing shelter or for another purpose such as religious services."[9] While the court ruled in favor of the defendant under a fair use rationale it was later overturned in favor of the plaintiff; the photograph was deemed a derivative work. The court also contended that had Congress intended to extend the AWCPA to monuments and memorials, the law would have been drafted to reflect that in the first place.

For further legal discussion, see Wikilegal/Copyright of Images of Memorials in the US.

For further information, refer to Commons:Public art and copyrights in the US and the following resources:

For foreign works considered under US law: use {{Not-free-US-FOP}}.

Foreign works from countries that have a relevant freedom of panorama may fall under US law for copyright issues within the US. Under the choice-of-law principle lex loci protectionis U.S. courts might apply U.S. freedom-of-panorama standards in such cases, rather than the standards of the source country. However, in practice it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom-of-panorama elements.

See {{Not-free-US-FOP}} and Commons:Requests for comment/Non-US Freedom of Panorama under US copyright law. See also: Category:United States FOP cases

StampsEdit

Before 1978

Public domain use {{PD-USGov}}

Title 17 of the United States Code (source : en:United States Postal Service) :

  • public domain if issued before 31 December 1977
1978 onward

Copyrighted

Copyrighted by the United States Postal Service after 1 January 1978 (the date on which the Copyright Act of 1976 went into effect).[10] Written permission is needed[11].


Threshold of originalityEdit

These images are ✓OK to upload to Commons, because they are below the threshold of originality required for copyright protection.

Despite repeated requests, the U.S. Copyright Office found the Vodafone speechmark (shaded version) ineligible for copyright protection. It can however not be uploaded to Commons because it's a UK logo.

These are X mark.svg Not OK to upload to Commons (unless published under a free license by the copyright holder), because they are above the threshold of originality required for copyright protection.

CitationsEdit

External linksEdit

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

Uruguay

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

Governing lawsEdit

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

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

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

General rulesEdit

Under the Law of 1937 as amended up to 2006,

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

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

PrivacyEdit

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

Public domain: not freeEdit

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

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

Copyright tagsEdit

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

CurrencyEdit

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

Freedom of panoramaEdit

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

CitationsEdit

  1. a b Uruguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18. 046 of October 24, 2006). Uruguay (2006). Retrieved on 2018-11-08.
  3. Billetes y Monedas. Banco Central del Uruguay. Retrieved on 2019-01-22.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Uzbekistan

Uzbekistan

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

Governing lawsEdit

What is now Uzbekistan was taken over by the Russian Empire in the 19th century. The Uzbek Soviet Socialist Republic was created in 1924 as a constituent republic of the Soviet Union. During the breakup of the Soviet Union Uzbekistan declared independence on 31 August 1991.

Uzbekistan has been a member of the Berne Convention since 19 April 2005.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. LRU-42 of July 20, 2006, on Copyright and Related Rights (as amended up to Law of the Republic of Uzbekistan No. LRU-476 of April 18, 2018) as the main IP law enacted by the legislature of Uzbekistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under Law No. LRU-42 as amended up to Law LRU-476 of April 18, 2018,

  • Copyright has effect throughout the life of the author and for 50 years after the his death, except as provided by this Article and other laws.[LRU-476/2018 Article 35]
  • Copyright in a work of joint authorship has effect for life of the co-authors and 50 years after the death of the last surviving author.[LRU-476/2018 Article 35]
  • Copyright in a work lawfully made public under a pseudonym or anonymously is valid for 50 years after its publication.[LRU-476/2018 Article 35]
  • Copyright in a work first published after the author's death, is valid for 50 years after its release to the public.[LRU-476/2018 Article 35]

Calculation of the terms stipulated in this article begins with the first day of January next following the year in which the legal act occurred that marks the beginning of the period.[LRU-476/2018 Article 35]

Not protectedEdit

The following are not objects of copyright: official documents (laws, regulations, decisions, etc.), as well as their official translations; official symbols and signs (flags, emblems, orders, banknotes, etc.); Folk products; reports on current events daily news or messages that aree regular press information.[LRU-476/2018 Article 8]

Copyright tagsEdit

  • {{PD-UZ-exempt}} – for official documents (law, resolutions, decisions, etc.) as well as their official translations; official symbols and signs (flags, arms, orders, banknotes, etc.); national creative works; reports about the news of the day or current events having the nature of usual press conference; results received with help of equipment designed for some kind of production without the person's implementation of creative activity directly associated with the creation of individual work.[LRU-476/2018 Article 8]
  • {{PD-Uzbekistan}} – for works in the public domain according to Uzbekistanian law (50 years after the author's death).[LRU-476/2018 Article 35]

CurrencyEdit

Symbol OK.svgOK Uzbekistan currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 8 of Copyright law of Uzbekistan.[LRU-476/2018 Article 8] Drafts for such items, however, are copyrighted by their authors.[LRU-476/2018 Article 9]

Please use {{PD-UZ-exempt}} for Uzbekistan currency images.

Freedom of panoramaEdit

X mark.svg Not OK: Only incidental reproduction for non-commercial purposes is allowed. The law allows without consent of the author or other legal owner, and without payment of remuneration the reproduction, on-air transmission or cable transmission of architectural works, photos, visual art works that are permanently located in a place open for free attendance. This rule does not extend to cases when the representation of work is the basic subject of such reproduction, on-air transmission or cable transmission, as well as in case, when the representation of work is used for commercial purpose.[LRU-476/2018 Article 28]

StampsEdit

Public domain use {{PD-UZ-exempt}}.

See alsoEdit

CitationsEdit

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

Vanuatu

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

BackgroundEdit

In the 1880s France and the United Kingdom claimed parts of the archipelago that is now Vanuatu. They agreed in 1906 to jointly manage the archipelago as the New Hebrides through an Anglo–French condominium. Vanuatu became independent on 30 July 1980.

Vanuatu has been a member of the Berne Convention since 27 December 2012 and the World Trade Organization since 24 August 2012, as well as a signatory to various other international treaties.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act No. 42 of 2000 as the main IP law enacted by the legislature of Vanuatu.[1] WIPO holds the text of this law, which came into force on 8 February 2011, in their WIPO Lex database.[2]

General rulesEdit

Under the Copyright and Related Rights Act No. 42 of 2000,

  • A work of joint authorship is protected during the life of the last surviving author and for 50 years after his or her death.[2000 Sec.19(1.1)]
  • A collective work (other than an work of applied art) and an audiovisual work is protected for 50 years on and after the date on which the work: was made; or first made available to the public; first published; whichever date is the latest.[2000 Sec.19(1.2)]
  • A work published anonymously or under a pseudonym is protected for 50 years on and after the date on which the work: (a) was made; or (b) first made available to the public; (c) first published; whichever date is the latest.[2000 Sec.19(1.3)]
  • A work of applied art is protected for 25 years on and after the making of the work.[2000 Sec.19(1.4)]
  • Any other work is protected during the lifetime of the author and for 50 years after his or her death.[2000 Sec.19(1.5)]

CitationsEdit

  1. a b Vanuatu Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Related Rights Act No. 42 of 2000. Vanuatu (2011). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer

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

General rulesEdit

The current copyright law of the Vatican State was enacted 19 March 2011. The vaticanstate.va website holds the text of the law in Italian.[1] Vatican law supplements the Italian Copyright Act (l. 633, 6 April 1941), which applies in the territory of the Holy See (generally, 70 years after the author's death).

The main points of the Papal copyright:

  • Exclusive right on the use of the Pope’s image and voice for purposes other than religious, cultural and educational (art. 3)
  • Exclusive right on “purely documentary” reproductions of cultural heritage for 70 years from the fixation (art. 4)
  • The Holy See owns all copyrights in the works published under its name or created on its commission (art. 5).

Freedom of panoramaEdit

X mark.svg Not OK Under Law N. XII on Copyright of January 12, 1960, the Vatican decreed that unless church law says otherwise, the precepts of Italian copyright law apply in Vatican City. Italy does not allow for freedom of panorama. Thus, sculptures and other works, including buildings, are not ok until 70 years after the death of the architect or designer. The Vatican's publishing house, Libreria Editrice Vaticana, also claims perpetual copyright on the writings of Pope John Paul II and Pope Benedict XVI.[2]

See alsoEdit

CitationsEdit

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

Venezuela

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

BackgroundEdit

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

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

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

General rulesEdit

Under the 1993 Law on Copyright,

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

Not protectedEdit

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

Copyright tagsEdit

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

Freedom of panoramaEdit

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

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

StampsEdit

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

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

See alsoEdit

CitationsEdit

  1. a b Venezuela (Bolivarian Republic of) Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright. Venezuela (1993). Retrieved on 2018-11-08.
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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
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COM:Yemen

Yemen

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

BackgroundEdit

Yemen was divided between the Ottoman and British empires in the early 20th century. North Yemen became a kingdom after World War I, then a republic in 1962. South Yemen was a British protectorate known as the Aden Protectorate until 1967 when it became independent. The two Yemeni states united to form the modern republic of Yemen in 1990.

Yemen has been a member of the Berne Convention since 14 July 2008 and the World Trade Organization since 26 June 2014.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Intellectual Property Law (Presidential Law Decree No. 19 of 1994 in respect of Intellectual Property) as the main copyright law of Yemen.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Intellectual Property Law (Presidential Law Decree No. 19 of 1994),

  • The economic rights to a work last for the author's life and then for 30 years from 1 January of the year in which the author died.[19/1994 Article 24]
  • A movie or T.V. film producer shall have the right to the economic utilization of his work or obtaining remuneration for a period of 25 years as from the date of production which shall be calculated as from January 1st of the production year.[19/1994 Article 25]
  • The owner of the author's rights to photographs shall have the right to their economic utilization or obtaining from those who use them remuneration for 10 years as from the date of issue, and such remuneration shall be calculated from January 1st of the year of issue.[19/1994 Article 25]

However, Yemen signed the Berne agreement on 14 July, 2008. It will come into force (minimum life + 50 years) on 10 October 2024.

Not protectedEdit

The right of the writer shall not extend to: Compiled works which include works other than those of the compiler, such as poetry, prose and music anthologies, as well as other compiled works, without prejudice to the rights of the original authors; Every book whose author's rights have become public property; Collected official documents, such as the texts of governmental and political announcements; texts of laws, decrees, regulations; courts decisions and all official documents; Works which are not fit to be the subject of the right of an author, such as works which contain anthologies from the tradition or folklore, or whose author is unknown.[19/1994 Article 4]

Copyright tagsEdit

  • {{PD-Yemen}} – Generally 30 years after the author's death, with the exception of TV films, photographs, and TV programs, respectively 25 years, 10 years and 3 years after the date of broadcasting or publication. (art. 24, 25, 26 and 27 of Law No. 19 (1998) on intellectual property). Yemen being the successor state of Aden Settlement, Aden Province, Aden Colony, Aden Protectorate, the Federation of South Arabia and the People's Republic of Yemen, this applies to works published in those territories as well.

Freedom of panoramaEdit

X mark.svg Not OK: The Intellectual Property Law (Presidential Law Decree No. 19 of 1994) makes no provision for freedom of panorama.

CitationsEdit

  1. a b Yemen Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Intellectual Property Law (Presidential Law Decree No. 19 of 1994 in respect of Intellectual Property) (in Arabic). Yemen (1994). Retrieved on 2018-11-19.
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COM:Yugoslavia

Yugoslavia

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

HistoryEdit

The Kingdom of Yugoslavia was formed in 1918 after World War I, originally name the Kingdom of Serbs, Croats and Slovenes. It was dissolved in 1941 during World War II, but the Republic of Yugoslavia was formed in 1945 with much the same boundaries. Following the Yugoslav Wars that began in 1991 the country broke into Bosnia & Herzegovina, Croatia, Macedonia, Slovenia and Yugoslavia. This last was renamed the State Union of Serbia and Montenegro in 2003, which broke up into Serbia and Montenegro in 2006. In 2008 Kosovo declared its independence of Serbia. The Republic of Macedonia became the Republic of North Macedonia in 2019. Successor states are thus:

From Successor Copyright rules
1991 Croatia COM:CRT/Croatia
1991 North Macedonia COM:CRT/North Macedonia
1991 Slovenia COM:CRT/Slovenia
1992 Bosnia and Herzegovina COM:CRT/Bosnia and Herzegovina
2006 Montenegro COM:CRT/Montenegro
2006 Serbia COM:CRT/Serbia
2008 Kosovo COM:CRT/Kosovo

The successor states have passed their own copyright laws, but work originating in the former Yugoslavia that entered the public domain in Yugoslavia would be in the public domain in the successor states.

Standard rulesEdit

The Yugoslav Copyright Act of 1978 provided for a copyright term of the life of the author plus 50 years, and for 25 years after publication for a photograph or a work of applied art. A work would have entered the public domain under this act if it met one of the following criteria:

  • A work of known authorship and the author died before 1969
  • An anonymous work and it was published before 1969
  • A photograph or a work of applied art published before 1994

A work first published in Yugoslavia would have been in the public domain before the breakup of SFR Yugoslavia in 1991 if it met one of the following criteria:

  • A work of known authorship and the author died before January 1, 1941
  • An anonymous work and it was published before January 1, 1941
  • A photograph or a work of applied art published before January 1, 1966

However, The work would only be in the public domain in the successor state if it met the criteria defined in the law of that state (which could have reinstated copyright on some public domain works). Also, the work would only be in the public domain in the United States if

  • It is now in the public domain under United States copyright terms and in the successor state, or
  • It was in the public domain in the successor state on the Uruguay Round Agreements Act (URAA) date. This date would be 1 January 1996 for countries that were, on that date, members of either the Berne Convention, the World Trade Organization (WTO) or the WIPO Copyright Treaty.

Copyright tagsEdit

For more information about Yugoslav copyright laws, see sh:Wikipedia:Autorska prava na području bivše Jugoslavije on the Serbo-Croatian Wikipedia.

CitationsEdit

External linksEdit

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COM:Zambia

Zambia

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

BackgroundEdit

The Zambia region became the British protectorates of Barotziland-North-Western Rhodesia and North-Eastern Rhodesia towards the end of the 19th century. These were merged in 1911 to form Northern Rhodesia. Zambia became independent on 24 October 1964.

Zambia has been a member of the Berne Convention since 2 January 1992 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 and Performance Rights Act, 1994 (Act No. 44 of 1994) as the main copyright law enacted by the legislature of Zambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended by Act No. 25 of 2010, but the changes were concerned with rules related to handling copyright violations rather than definitions of works and durations.[3]

General rulesEdit

Under the Copyright and Performance Rights Act, enacted 1994, amended 2010,

  • Except as otherwise stated below, copyright in a literary, musical or artistic work or compilation expires at the end of 50 years from the end of the calendar year in which the author dies.[1994-2010 Section 12(1)]
  • If the work is produced by a public officer or employee of the government in the course of his employment, and the government is the first owner of the copyright in the work, copyright in the work expires at the end of 50 years from the end of the calendar year in which the work is made.[1994-2010 Section 12(2)]
  • If the work is of unknown authorship, the copyright in the work shall expire at the end of the period of 50 years from the end of the calendar year in which the work is first published, unless the identity of the author of the work becomes known before that date.[1994-2010 Section 12(3)]
  • For a work of joint authorship, references to the "author" mean the last survivor of the known authors.[1994-2010 Section 12(4)]
  • Copyright in an audiovisual work or sound recording expires at the end of the period of 50 years from the end of the calendar year in which it is made; or at the end of the period of 50 years from the end of the calendar year in which it is first published, if it is published within 50 years of being made.[1994-2010 Section 13]
  • Copyright in a broadcast or cable program expires at the end of the period of 50 years from the end of the calendar year in which the broadcast or cable program was first transmitted.[1994-2010 Section 14]

CurrencyEdit

X mark.svg Not OK Banknotes and coins are not exempted from copyright, and are assumed to be treated normally as works produced by government employees. According to the Copyright and Performance Rights Act 1994, the copyright on works made by government employees is held by the government, and the expiration of the protection is 50 years after the first publication of the work.[1994-2010 Section 12(2)]

Freedom of panoramaEdit

X mark.svg Not OK According to Copyright and Performance Rights Act, 1994 sections 2, 8 and 17, "works of architecture" may be objects of copyright. Section 21 of the law provides an exception for "incidental inclusion" but no freedom of panorama.

CitationsEdit

  1. a b Zambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994). Zambia (2018). Retrieved on 2018-11-04.
  3. Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010). Zambia. Retrieved on 2018-11-04.
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COM:Zimbabwe

Zimbabwe

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

BackgroundEdit

The British South Africa Company demarcated the present territory during the 1890s. It became the self-governing British colony of Southern Rhodesia in 1923. In 1965 the white minority government unilaterally declared independence as Rhodesia. After a lengthy guerrilla war the state gained sovereignty as Zimbabwe in April 1980.

Zimbabwe has been a member of the Berne Convention since 18 April 1980 and the {wp-World Trade Organization|World Trade Organization}} since 5 March 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2004 "Copyright and Neighbouring Rights Act (Chapter 26:05)" as the main IP law enacted by the legislature of Zimbabwe.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Copyright and Neighboring Rights Act, enacted 2004,

  • An audiovisual work, collective work, photograph or computer program is protected for 50 years from the end of the year in which the work is lawfully made available to the public or, failing such an event within 50 years from the making of the work, 50 years from the end of the year in which the work is made.[Cap.26:05/2004 Section 15.1a]
  • A sound recording is protected for 50 years from the end of the year in which the recording is first published.[Cap.26:05/2004 Section 15.1b]
  • A broadcast is protected for 50 years from the end of the year in which the broadcast first takes place.[Cap.26:05/2004 Section 15.1c]
  • A published edition is protected for 50 years from the end of the year in which the edition is first published.[Cap.26:05/2004 Section 15.1ea]
  • Any other literary, musical or artistic work is protected for the life of the author and 50 years from the end of the year in which the author dies.[Cap.26:05/2004 Section 15.1f]
  • Copyright conferred on the State or an international organisation subsist­s
    • For an audiovisual work, photograph, sound recording, broadcast or published edition, for the period specified above.[Cap.26:05/2004 Section 15.2a]
    • For any other literary, musical or artistic work, for 50 years from the end of the year in which the work was first published.[Cap.26:05/2004 Section 15.2b]
  • The copyright in an anonymous or pseudonymous literary work, other than a government work, subsists for 50 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, whichever period is the shorter.[Cap.26:05/2004 Section 15.3]
  • With a work of joint authorship, references to the death of an author refer to the author who dies last.[Cap.26:05/2004 Section 15.4]

A Zimbabwean work that is in the public domain in Zimbabwe according to this rule is in the public domain in the U.S. only if it was in the public domain in Zimbabwe in 1996, e.g. if it was published before 1946 and no copyright was registered in the U.S. This is the effect of the Uruguay Round Agreements Act (17 USC 104A) with its critical date of January 1, 1996.

Folklore: not freeEdit

"Work of folklore" means a lilerary, musical or artistic work, whether or not it is recorded, of which no person can claim to be the author; and the form or content is embodied in the traditions peculiar to one or more communities in Zimbabwe; and includes­ folk tales, folk poetry and traditional riddles; folk songs and instrumental folk music; folk dances, plays and artistic forms of ritual; productions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalwork, jewellery, baskets and costumes.[Cap.26:05/2004 Section 80] The Minister may grant a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that thing has been reserved to the President.[Cap.26:05/2004 Section 85(1)] A licence granted under subsection (1) may require the licensee to pay a fee for doing anything under the licence.[Cap.26:05/2004 Section 85(2)]

Copyright tagsEdit

  • {{PD-Zimbabwe}} – photographs 50 years starting from the end of publication year, other works 50 years starting from the end of the year, in which the author died.

See alsoEdit

CitationsEdit

  1. a b Zimbabwe Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Copyright and Neighbouring Rights Act (Chapter 26:05). Zimbabwe (2004). Retrieved on 2018-11-03.
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