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

Contents

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COM:Azawad

Azawad

Limited international recognition

Location of Azawad in Mali

Azawad is the name given to northern Mali by Berber Touareg rebels. It was briefly an unrecognised state. The National Movement for the Liberation of Azawad (MNLA) declared independence from Mali on 6 April 2012. In December 2012, the MNLA agreed on Mali's national unity and territorial integrity. A peace deal was reached in June 2013 between the MNLA and Mali government under which the Tuaregs gained greater autonomy within a united Mali.

Azawad works are subject to the copyright law of Mali.

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Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution.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:Benin

Benin

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

BackgroundEdit

Benin, formerly known as Dahomey, was a French colony from 1892 until obtaining full independence on1 August 1960.

Benin has been a member of the Berne Convention since 1 August 1960, the WIPO treaty since 16 April 2006 and the World Trade Organization since 22 February 1996, 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 Law No. 2005-30 of April 5, 2006, relating to Copyright and Related Rights of the Republic of Benin as the main copyright law enacted by the legislature of Benin.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

DurationsEdit

  • Copyright in an individual work lasts for 70 years from the end of the author's year of death.[2006 Art.52]
  • Anonymous or pseudonymous works are protected for 70 years from the end of the year of publication unless the author's identity is disclosed, in which case they are protected for 70 years from the end of their year of death .[2006 Art.54]
  • Co-authors of a joint work are joint holders of moral and economic rights in the work as a whole, but may enjoy independent rights in their contributions if these can be separated from the work as a whole. Economic rights in a joint work are protected for 70 years from the end of the last surviving author's death.[2006 Art.53]
  • A collective work is a work created by a number of authors at the initiative and under the authority of a natural or legal person who or which publishes the work in his name and in which the contributions of the authors who participated in its creation merge in the whole work so that it is impossible to identify the various contributions and their authors.[2006 Art.1] The publisher holds the moral and economic rights in a collective work. The economic rights in a collective work are protected for 70 years from the end of the year in which it was published.[2006 Art.55]
  • With audiovisual works the director, scriptwriter, author of the adaptation and composer of the music are considered joint authors. By default the producer owns the economic rights of the work as a whole, but the other authors maintain economic rights to their contributions where these can be separated from the work as a whole.[2006 Art.30-32] The economic rights in an audiovisual work are protected for 70 years from the end of the year in which it was published.[2006 Art.55]
  • The economic rights in a work of applied art are protected for 25 years after it was made.[2006 Art.56]

Folklore: non-freeEdit

"Expressions of folklore" are the characteristic elements of the traditional artistic heritage developed and perpetuated on the territory of the Republic of Benin by a community or by individuals recognized as meeting the traditional artistic expectations of such community, and includes: folk tales, folk poetry and mysteries; folk songs and instrumental music; folk dancing and entertainments; products of folk art, such as drawings, paintings, sculptures, pottery, terracotta, carvings, mosaics, woodwork, metal objects, jewelry, textiles and costumes.[2006 Art.1]

Folklore belongs by its origin to the national heritage.[2006 Art.11] Expressions of folklore are protected against reproduction, communication to the public by means of performance, broadcast, distribution by cable or other means, adaptation, translation or any other transformation, where such uses are carried out for commercial purposes or outside their traditional or customary context.[2006 Art.80] These acts are subject to the prior authorization of the collective management organization, against payment of a royalty, the amount of which shall be determined in accordance with the customary terms in each of the categories of creation considered.[2006 Art.81]

Works not protectedEdit

Works that are not protected are.[2006 Art.9]:

  • Official texts of a legislative, administrative or judicial nature or to the official translations thereof;
  • The news of the day;
  • Ideas, processes, systems, methods of operation, concepts, principles, discoveries or simple data, even if they are set out, described, explained, illustrated or incorporated in a work

Freedom of panoramaEdit

X mark.svg Not OK: Based on the 2006 law, only incidental use is allowed for photography.

For the purpose of reporting of a current event by means of photography or cinematography or through aural or visual broadcasting, the recording, reproduction and public communication of literary or artistic works that may be seen or heard during such event shall be lawful, to the extent justified by the intended informatory purpose.[2006 Art.17]

Reproduction for the purposes of cinematography, broadcast and public communication of works of art and architecture that are permanently located in a public place or whose inclusion in a film or broadcast is merely secondary or incidental to the main subject matter shall be lawful.[2006 Art.18]

See alsoEdit

CitationsEdit

  1. a b Benin Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 2005-30 of April 5, 2006, relating to Copyright and Related Rights of the Republic of Benin. Benin (2006). 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:Burkina Faso

Burkina Faso

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

BackgroundEdit

Burkina Faso was colonized by the French in the late 19th century, named Upper Volta after the Volta River. It became self governing as the Republic of Upper Volta in 1958 and fully independent on 5 August 1960. Burkina Faso took its present name in 1984.

Burkina Faso has been a member of the Berne Convention since 19 August 1963, the World Trade Organization since 3 June 1995 and the World Intellectual Property Organization Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 032-99/AN of December 22, 1999, on the Protection of Literary and Artistic Property as the main IP law enacted by the legislature of Burkina Faso.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the 1999 law,

  • Economic rights in a work of the mind shall be protected during the author’s lifetime and 70 years after his death.[1999 Article 34]
  • Rights in a collaborative work are protected during the lifetime of the last surviving author and for 70 years after his death.[1999 Article 35]
  • Rights in an anonymous work or pseudonymous work are protected until 70 years have passed since the date of its creation or publication, whatever date is the latest.[1999 Article 36]
  • Rights in a collective work, audiovisual or radio work are protected until 70 years have passed since the date of its creation, or 70 years from its publication if published within 70 years of creation.[1999 Article 37]
  • Rights in a work of applied art expire after 30 years have passed since the date of its creation.[1999 Article 38]

The protection of copyright does not cover official texts of a legislative, administrative or judicial nature or their official translations.[1999 Article 8]

Traditional cultural heritageEdit

Expressions of traditional cultural heritage, the authors of which are not known but where it is reasonable to presume they are nationals of Burkina Faso, are part of the national heritage, as are expressions of traditional cultural heritage where the authors are known and have been dead for more than 70 years.[1999 Article 88] Publication, reproduction and distribution or public recitation, performance or transmission of expressions of traditional cultural heritage in the national heritage is subject to authorization where expressions are used with gainful intent and outside their traditional or customary context.[1999 Article 91] The authorization shall be granted subject to payment of a royalty, whose proceeds shall, after management fees have been levied, be paid into a fund for cultural promotion.[1999 Article 93]

Freedom of panoramaEdit

X mark.svg Not OK Freedom of panorama in Burkina Faso forbids reproduction of "a work of architecture, a work of fine art, a photographic work or a work of applied art ... where it is used for commercial purposes". However, since this only applies "where the image of the work is the main subject of such reproduction", a photo that only incidentally includes architecture or sculpture should be fine.[1999 Article 25]

CitationsEdit

  1. a b Burkina Faso Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 032-99/AN of December 22, 1999, on the Protection of Literary and Artistic Property. Burkina Faso (1999). Retrieved on 2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Cape Verde

Cape Verde

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

BackgroundEdit

Cape Verde was first settled by the Portuguese in the 15th century. The islands were incorporated as an overseas department of Portugal in 1951. They gained independence in 1975.

Cape Verde has been a member of the Berne Convention since 7 July 1997 and the World Trade Organization since 23 July 2008.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law as the main copyright law of Cape Verde.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by Decree-Law No. 2/2017 of November 16, 2017.[1] The amendment does to appear to affect the definitions of works or the durations of protection.[3]

Durations of protectionEdit

Under the Decree-Law No. 1/2009 of April 27, 2009,

  • The duration of protection granted to an author for a literary, artistic and scientific work shall be for the lifetime of the author plus 50 years following his death, even if it is a posthumous work.[2009 Article.25(1)]
  • A "Collective work" is one that was organized at the initiative and under the responsibility of a single or collective entity and in whose name it is published.[2009 Article.6(e)] Where it is possible to distinguish the individual contributions of some or all of the authors in a collective work, the provisions on individual contributions to works of joint authorship shall apply.[2009 Article.13(2)]
  • Newspapers and other periodicals shall be deemed to be collective works and copyright therein shall belong to the respective owners or publishers.[2009 Article.13(3)] Copyright in collective works shall lapse 50 years after the first disclosure or publication of the works.[2009 Article.26(2)]
  • Copyright in works published anonymously shall lapse 50 years after their disclosure or publication, starting from the first day of January of the calendar year following that in which the work was published beginning from the end of the calendar year in which it took place.[2009 Article.28(1)]
  • Copyright in an audiovisual work shall lapse 50 years after the death of the last survivor among (a) the director; (b) the author of the script and the dialogues or its adaptation; (c) the composer of the music; (d) the author and the director of the cartoons.[2009 Article.29]
  • Copyright in works of photography or applied arts shall lapse 25 years after such works are produced.[2009 Article.30]
  • Ownership of copyright in works of Cape Verdean folklore shall belong to the State, which shall exercise it through the Government department responsible for the culture sector.[2009 Article.15(1)] The protection of works of folklore shall have no time limit.[2009 Article.33]

The periods of protection established in the preceding articles shall only begin from the first day of January of the year following which the events referred to therein take place and shall remain in force until the last day of the year during which they lapse.[2009 Article.32]

Not protectedEdit

The following are not protected: (a) news of the day and reports of different events given simply for information, however disclosed: (b) laws and rulings of judicial and administrative bodies, as well as petitions, allegations, complaints and other texts submitted to public authorities or services; (c) political speeches, except when assembled in a volume by their authors; (d) simple facts and data; (e) ideas, processes, systems, operational methods, concerts, principles or discoveries, in themselves and as such.[2009 Article.10]

Public domain non-freeEdit

The use and exploitation, for financial gain, of works in the public domain shall be free as long as such use is subordinate to absolute respect for the moral rights, on the previous authorization of the member of Government responsible for culture and the payment of a fee to be set by the members of Government responsible for culture and finance, with the purpose of promotion and cultural development and social assistance to Cape Verdean authors.[2009 Article.34(4)]

Freedom of panoramaEdit

X mark.svg Not OK Limited to incidental or non-commercial use.

The following embodiments of works already lawfully published or disclosed shall be lawful, irrespective of authorization of the respective author and without any need for compensation, as long as the authenticity and integrity of the title and the name of the author are mentioned and respected: ... (d) reproduction, broadcasting or communication, by any other means, to the public, of the image of a work of architecture, three­ dimensional arts, photography or applied arts, which is kept permanently in a place open to the public, except if the image of the work is the main subject of the reproduction, broadcasting or communication in question, and if it were used for commercial purposes.[2009 Article.62.1(d)]

CitationsEdit

  1. a b c Cape Verde Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law. Cape Verde (2009). Retrieved on 2018-11-28.
  3. Cape Verde (16 November 2017). Decree-Law No. 2/2017 of November 16, 2017, on the First Amendment to Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law. Retrieved on 2018-11-28.
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:Gambia

Gambia

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

BackgroundEdit

The Gambia was colonized by the British in 1765. The country gained independence in 1965.

The Gambia has been a member of the Berne Convention since 7 March 1993 and the World Trade Organization since 23 September 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2004 as the main IP law enacted by the legislature of the Gambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the the Copyright Act of 2004,

  • The economic right and moral right of an author shall be protected during the life of the author and for 50 years after his or her death.[2004 Section 21(1)]
  • The economic right or moral right are protected for a work of joint authorship, during the life of the last surviving author and for fifty years after his or her death.[2004 Section 21(2a)]
  • The rights to a collective work, other than a work of applied art, are protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.[2004 Section 21(2b)]
  • A work published anonymously or under a pseudonym is protected for 50 years from the date on which the work was made, first made available to the public or first published, whichever date is the latest.[2004 Section 21(2c)]
  • A work of applied art is protected for 25 years from the making of the work.[2004 Section 21(2d)]
  • Where the copyright in a work is owned by a public corporation or other body corporate, the term of protection shall be 50 years from the date on which the work was made public.[2004 Section 22]
  • For an audiovisual work, a sound recording or broadcast, the rights are protected until the expiration of 50 years from the date of the making of the work, or where the work is made available to the public during that period with the consent of the author, until the expiration of fifty years from the date of its communication to the public.[2004 Section 23]
  • For a photographic work, the rights of the author are protected until expiration of 50 years from the date of the making of the work.[2004 Section 25]

Every period above runs to the end of the calendar year in which it would otherwise expire.[2004 Section 21(3)]

Folklore: not freeEdit

"Expression of folklore" means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including (a) folktale, folk poetry and folk riddle; (b) folk song and instrumental folk music; (c) folk dance and folk play; and (d) production of folk art, in particular, drawing, painting, carving, sculpture, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, handicraft, costume and indigenous textile.[2004 Section 2]

An expression of folklore is protected by copyright against ­(a) reproduction; (b) communication to the public by performance, broadcasting. distribution bv cable or other means; and (c) adaptation. translation and other transformation, when the expression is made either for commercial purposes or outside a traditional or customary context.[2004 Section 8(1)] The right to authorise such an act shall vest in the Secretary of State on behalf of and in trust for the people of The Gambia.[2004 Section 8(4)] The rights vested in the Secretary of State on behalf of and in trust for the people of The Gambia in respect of expression of folklore under section 8 exist in perpetuity.[2004 Section 26]

Freedom of panoramaEdit

X mark.svg Not OK The 2004 copyright act of Gambia does not contain any special provision in regard to the works displayed in public premises.

CitationsEdit

  1. a b Gambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act, 2004. Gambia (2004). 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:Ghana

Ghana

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

Governing lawsEdit

Ghana's current borders were established by the 1900s as the British Gold Coast. The country became independent of the United Kingdom on 6 March 1957

Ghana has been a member of the Berne Convention since 11 October 1991, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 18 November 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2005 (Act 690) as the main IP law enacted by the legislature of Ghana.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the Copyright Act, 2005, No. 690,

  • The authors rights are protected for the life of the author and 70 years after the death of the author.[690/2005 Section 12(1)]
  • A jointly authored work is protected until 70 years after the death of the last surviving author.[690/2005 Section 12(2)]
  • Where copyright in a work is owned by a public corporation or other body corporate the term of protection of 70 years from when the work was made or first published, whichever is later.[690/2005 Section 13]
  • For an anonymous work or pseudonymous work, it is protected until 70 years have passed since the date of its publication or creation, whichever is latest.[690/2005 Section 14]
  • It is a audiovisual work or sound recording, and 70 years have passed since the date of its publication or creation, whichever is latest.[690/2005 Section 15]

Public domain: non-freeEdit

The following works belong to the public domain: works with expired terms of protection, works by authors who have renounced their rights, and foreign works that do not enjoy protection in the Republic.[690/2005 Section 38(1)] Subject to the payment of a fee that may be specified by the Minister a work that has fallen into the public domain may be used without any restriction.[690/2005 Section 38(3)] There shall be established by the Minister a fund for the deposit of any money that accrues from the payment of these fees.[690/2005 Section 38(4)] The fund shall be for the benefit of institutions that promote the arts, authors, performers, producers of sound recording, translators and the arts in general.[690/2005 Section 38(5)]

Folklore: non-freeEdit

An expression of folklore is protected against reproduction, communication to the public by performance, broadcasting, distribution by cable or other means, and adaptation, translation and other transformation.[690/2005 Section 4(1)] The rights of folklore are vested in the President on behalf of and in trust for the people of the Republic.[690/2005 Section 4(2)] These rights exist in perpetuity.[690/2005 Section 17]

A person who intends to use folklore for any purpose other than as permitted under section 19 shall apply to the.{{sref|National Folklore] Board for permission in the prescribed form and the person shall pay a fee that the Board may determine.[690/2005 Section 64(1)] There shall be established a fund for the deposit of any fees that may be charged in respect of the use of folklore.[690/2005 Section 64(2)] The fund shall be managed by the Board and shall be used (a) for the preservation and promotion of folklore, and (b) for the promotion of indigenous arts.[690/2005 Section 64(3)]

Freedom of panoramaEdit

Probably X mark.svg Not OK. Article 19(1)(f) of the Copyrights Act, 2005 restricted panorama freedom to cinema or television or in a broadcast by television.

CitationsEdit

  1. a b Ghana Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act, 2005 (Act 690). Ghana (2005). 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:Guinea

Guinea

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

BackgroundEdit

France established control of Guinea in the late 19th century and administered the region as a territory within French West Africa. After a referendum, Guinea became independent on 2 October 1958.

Guinea has been a member of the Berne Convention since 20 November 1980, the World Trade Organization since 25 October 1995 and the WIPO Copyright Treaty since 25 May 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Guinea.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General termsEdit

  • Copyright shall subsist during the lifetime of the author and for 80 calendar years from the end of the year of his death. In the case of a work of joint authorship, the only date taken into consideration for the calculation of the term of protection shall be that of the death of the last surviving coauthor.[1980 Article 42]
  • Copyright shall subsist for 80 calendar years from the end of the year in which the work is lawfully made accessible to the public in the case of anonymous or pseudonymous works, cinematographic works; posthumous works and collective works.[1980 Article 43 (a)]
  • Copyright shall subsist for 40 calendar years from the end of the year of the author's death in the case of photographic works and works of applied art.[1980 Article 43 (b)]

Folklore: not freeEdit

Folklore belongs to the national heritage, where "folklore" means all literary and artistic creations made by authors presumed to be of Guinean nationality, passed from generation to generation and constituting one of the basic elements of the traditional Guinean cultural heritage. Public performance or direct or indirect fixation of folklore with a view to its exploitation for profit-making purposes shall require the prior authorization of the BGDA (Guinean Copyright Office) obtainable against payment of a fee.[1980 Article 5]

Domaine Public PayantEdit

On expiry of the terms of protection referred to in Articles 42 and 43, during which a recognized exclusive right belongs to authors, their heirs or successors in title, the works of the author shall fall into the public domain. Exploitation of works in the public domain shall be subject to respect for moral rights, prior declaration and payment of a fee, the product of which shall be paid to the BGDA and used for cultural and social purposes for the benefit of authors. The right of exploitation or performance of works in the public domain shall be administered by the BGDA.[1980 Article 45]

Freedom of panoramaEdit

X mark.svg Not OK: Only incidental use is allowed.

  • It shall be lawful, to the extent justified by the informatory purpose, to record, repro­duce and communicate to the public literary, scientific or artistic works that may be seen or heard in the reporting of current events by means of photography, cinematography, or sound or visual broadcasting.[1980 Article 13]
  • It shall be lawful to reproduce in a film or in a television broadcast and to communicate to the public works of figurative art permanently located in a public place, or whose inclusion in the film or broadcast is only by way of background or is incidental to the essential matters represented.[1980 Article 14]

CitationsEdit

  1. a b Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights. Guinea (1980). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Guinea-Bissau

Guinea-Bissau

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

BackgroundEdit

The present Guinea-Bissau was colonized as Portuguese Guinea in the 19th century. It declared independence in 1973, and this was fully recognized in 1974. The name of the capital, Bissau, is added to the name to avoid confusion with Guinea (formerly French Guinea).

Guinea-Bissau has been a member of the Berne Convention since 22 July 1991, the World Trade Organization since 31 May 1995 and the Bangui Agreement since 8 July 1998.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Portuguese Copyright Code (approved by Decree-Law No. 46.980 of March 28, 1972) as the main copyright law enacted by the legislature of Guinea-Bissau.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The decree-law of 1972 approved and reproduced Law No. 46980 of April 27, 1966, issued by the colonial government of Portuguese Guinea.[2]

As of 2013 there were still no signs of any replacement of the colonial copyright Law No. 46,980 of April 27, 1966.[3]

General rulesEdit

Under the 1972 version of the Copyright Code,

  • The duration of protection shall cover the life of the author and 50 years following his death.[46.980/1972 Article 25]
  • Copyright in a work of joint authorship shall last for the lifetime of its authors and shall continue for 50 years after the death of the last surviving co­author.[46.980/1972 Article 30]
  • Copyright for a collective work, as a whole, shall be 50 years following the first publication or disclosure of the work, or of each volume, issue or installment of the work if these different parts are published separately at different times.[46.980/1972 Article 31, 36]
  • If, however, the collective work belongs to an individual operator, copyright shall last for the lifetime of the author and for another 50 years following his death.[46.980/1972 Article 31]
  • The duration of copyright of the individual contribution of each co­author in works of joint authorship or collective works is the life of the author and 50 years following his death.[46.980/1972 Article 32]
  • The duration of protection of posthumous works shall cease 50 years after the death of the author.[46.980/1972 Article 33]
  • The duration of protection of anonymous, cryptic or pseudonymous works shall be 50 years following disclosure or publication.[46.980/1972 Article 34]

The periods of protection shall only commence on 1 January of the year following that in which the death or other events referred to in these Articles occurred.[46.980/1972 Article 35]

Freedom of panoramaEdit

Symbol OK.svgOK: For 3D objects. The applicable law still is the colonial copyright law, which says "The reproduction and publication by the press, cinema, television or any other mean, of the image of works of architecture or any other kind of plastic arts already divulged by the author is free".[46.980/1972 Article 152]

CitationsEdit

  1. a b Guinea-Bissau Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. a b Copyright Code (approved by Decree-Law No. 46.980 of March 28, 1972). Guinea-Bissau (1972). Retrieved on 2018-11-04.
  3. Akester, Patrícia () Direito de Autor em Portugal, nos PALOP, na União Europeia e nos Tratados Internacionais, p. 234
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COM:Ivory Coast

Ivory Coast

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

BackgroundEdit

The Côte d'Ivoire, or Ivory Coast, became a protectorate of France in 1843 and was consolidated as a French colony in 1893. The country achieved independence in 1960.

Ivory Coast has been a member of the Berne Convention since 1 January 1962, the Bangui Agreement since 7 February 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 Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights as the main copyright law enacted by the legislature of Ivory Coast.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This replaced Law No 96-564 of 25 July 1996 on the protection of intellectual works and the rights of authors, performers and producers of sound and video.[3] The 2016 law abrogated any previous provisions contrary to those of the 2016 law, and in particular abrogated Law No. 96-564 of 25 July 1996.[2016-555 Article 151]

General rulesEdit

Under the 1996 law, copyright in Ivory Coast (Côte d'Ivoire) lasted for 99 years after the death of the author for works published within the lifetime of the author, and 99 years from publication for photographic or audiovisual works or works of applied art; anonymous or pseudonymous works; and posthumous works. Ivory Coast had the rule of the shorter term.[96-564 Article 45]

Under the 2016 law these durations were dropped down to 70 years.[2016-555 Section 5]:

  • Economic rights in a work last during the life of author. At the death of the author, they persist for the benefit of his successors during the current calendar year and the next seventy years.[2016-555 Article 47].
  • Economic rights in a collaborative work persist in the calendar year of the death of the last survivor of the co-authors and the 70 years that follow.[2016-555 Article 48]
  • Economic rights in an anonymous or under a pseudonymous work last for 70 years from the end of the calendar year in which the work was lawfully made available to the public. If not published in this period, the rights last for 70 years from completion of the work.[2016-555 Article 49]
  • For posthumous works, the duration of the exclusive rights is 70 years after death. For posthumous works disclosed after the expiry of this period, the duration of the exclusive right is 25 years from the first of January of the calendar year following that of the publication.[2016-555 Article 50]
  • Economic rights in a collective work or an audiovisual work last for 70 years from the end of the calendar year in which such work was published, made available to the public, or created, whichever is longest.[2016-555 Article 51]
  • Economic rights in a work of applied arts last for 25 years from the end of the year during which the work was disclosed.[2016-555 Article 52]

Works not protectedEdit

Protection does not extend to ideas, methods, procedures, concepts or information; official texts of a legislative, administrative or judicial nature, nor to their official translations; simple data and facts.[2016-555 Article 10]

Public domain: not freeEdit

At the expiry of the periods of protection, the right to exploit works, interpretations, audiovisual fixations, phonograms or videograms in the public domain is administered by the empowered collective management organization.[2016-555 Article 124] Public performance and reproduction of the works in the public domain require an authorization from this organization. Authorization in the case of for-profit use is granted on payment of a royalty.[2016-555 Article 125] Works, performances, phonograms or videograms or audiovisual fixations not subject to protection shall be collected by the authorized collective management organizations.[2016-555 Article 126] The proceeds of the royalty shall be deposited, after deduction of the management costs, into a special fund managed by the empowered collective management organization that is devoted to cultural and social purposes for the benefit of Ivorian authors, performers and producers.[2016-555 Article 127]

Traditional cultural expressions: not freeEdit

Traditional cultural expressions (TCEs) are productions of characteristic elements of the traditional artistic heritage developed and perpetuated by a community or individuals presumed to be Ivorian nationals, recognized as meeting the expectations of that community and including all literary and artistic production, including folk tales, folk poetry, popular songs and instrumental music, folk dances and performances, and artistic expressions of folk art rituals and productions.[2016-555 Article 1] TCEs are part of the national heritage.[2016-555 Article 46] The right to exploit TCEs is administered by the empowered collective management organization. Public performance and reproduction of TCEs for profit-making purposes requires authorization from the empowered agency. This authorization is granted on payment of a fee.[2016-555 Article 128]

Copyright tagsEdit

  • {{PD-Cote d'Ivoire}} The copyright term is generally 70 years after the author's death or 70 years after publication.

Freedom of panoramaEdit

X mark.svg Not OK. Incidental use only.

  • The author can not prohibit ... reproduction by audiovisual means and public communication by cable or by any other means, of works of graphic or plastic art, photographic works, and works of architecture placed permanently in a public place and including the inclusion in the audiovisual work, where such reproduction is only accessory or incidental to the main subject.[2016-555 Article 27]

CitationsEdit

  1. a b Côte d'Ivoire Copyright and Related Rights (Neighboring Rights). Côte d'Ivoire (2016). Retrieved on 2019-03-05.
  2. Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights. Côte d'Ivoire (2016). Retrieved on 2018-11-04.
  3. Loi no. 96-564 du 25 juillet 1996 (1996). Retrieved on 2018-11-06.
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:Liberia

Liberia

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

BackgroundEdit

Liberia began as a settlement of the American Colonization Society (ACS) and declared its independence on 26 July 1847.

Liberia has been a member of the Berne Convention since 8 March 1989 and the World Trade Organization since 14 July 2016.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed An Act to Repeal an Act Adopting a New Copyright Law of the Republic of Liberia approved July 23, 1997; and the Industrial Property Act of Liberia approved March 20, 2003, constituting Title 24 of the Liberian Code of Laws Revised, and to enact in their stead a New Title 24 to be known as the "Liberia Intellectual Property Act, 2016" as the main IP law enacted by the legislature of Liberia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Act Adopting a New Copyright Law of the Republic of Liberia, July 23, 1997 is repealed in its entirety.[2016 §2.1]

General rulesEdit

Under the Liberia Intellectual Property Act, 2016,

  • A literary, musical and artistic work, other than photographic work, is protected during the life of the author and for 50 years after the end of the year in which the author dies.[2016 §9.20(a)]
  • A work of joint authorship is protected during the life of the last surviving author and for 50 years after the end of the year in which that author dies.[2016 §9.20(b)]
  • An audiovisual work or sound recording is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public by authorized publication or by any other means, whichever date is the latest.[2016 §9.20(c)]
  • A broadcast is protected for 50 years from the end of the calendar year in which the broadcast took place.[2016 §9.20(d)]
  • A work published anonymously or under a pseudonym is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public, by authorized publication, whichever date is the latest.[2016 §9.20(e)]
  • A work of applied art is protected for 50 years from the end of the calendar year in which the work was made.[2016 §9.20(f)]
  • A photograph is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public by publication, whichever date is the latest.[2016 §9.20(g)]

These terms are similar to the terms under the repealed 1996 act.

Freedom of panoramaEdit

Probably X mark.svg Not OK. Under the Liberia Intellectual Property Act, 2016,

  • The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public by means of photography, audiovisual, broadcasting or other communication of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2016 §9.14(c)]]
  • The fair use of a copyright work, including such use by reproduction in copies or sound recordings or by any other means, for purposes such as parody, satire, criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include the purpose and character of the use, including whether such use is of a commercial nature or is for educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the work.[2016 §9.8(a)]

CitationsEdit

  1. a b Liberia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Liberia Intellectual Property Act, 2016. Liberia (2016). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Mali

Mali

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

BackgroundEdit

France seized Mali in the late 19th century and made it part of French Sudan. On 20 June 1960 the country regained independence in federation with Senegal, and on 22 September 1960 became the independent Republic of Mali.

Mali has been a member of the Berne Convention since 19 March 1962, the Bangui Agreement since 30 September 1984, the World Trade Organization since 31 May 1995 and the WIPO treaty since 24 April 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 08-024 of July 23, 2008, laying down the Regime of Literary and Artistic Property in the Republic of Mali as the main copyright law enacted by the legislature of Mali.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the 2008 law,

  • Economic rights generally last for the life of the author and 70 years after his death.[08-024/2008 Article 44]
  • Economic rights to a collaborative work last for 70 years after the death of the last surviving author.[08-024/2008 Article 45]
  • Economic rights to an anonymous or pseudonymous work are protected for 70 years after the publication if published within 70 years of creation, or of first public disclosure if disclosed within 70 years of creation, or else for 70 years after creation.[08-024/2008 Article 46]
  • Economic rights to an collective or audiovisual work are also protected for 70 years after the publication if published within 70 years of creation, or of first public disclosure if disclosed within 70 years of creation, or else for 70 years after creation.[08-024/2008 Article 47]
  • Economic rights to a work of applied arts are protected for 25 years after creation.[08-024/2008 Article 48]

All periods expire at the end of the calendar year in which they would normally expire.[08-024/2008 Article 49]

Public domainEdit

Works in the public domain include works whose protection period have expired, works whose owners have waived their rights, and works of foreign authors who are not protected. The right of exploitation of works that have fallen into the public domain is administered by the professional body of collective management.[08-024/2008 Article 53]

Expressions of Folklore: not freeEdit

Wooden figure Dogon 17th-18th century

"Expressions of folklore" means productions which consist exclusively of characteristic elements of the traditional artistic and literary heritage, which are developed and perpetuated by a national community of the Republic of Mali or by individuals recognized as meeting the traditional artistic aspirations of this community and includes folk tales, popular poetry, popular songs and instrumental music, popular dances and performances, and expressions of ritual art and productions of folk art.[08-024/2008 Article 107] Expressions of Folklore whose individual authors are unknown, but for which there is every reason to believe that they are citizens of the Republic of Mali, belong to the national heritage.[08-024/2008 Article 108] These works are protected without time limitation.[08-024/2008 Article 110]

Representation or public performance, and reproduction by some process of expressions of folklore, with a view to profitable exploitation and outside the traditional or customary context, are subject to the authorization by the collective management body, by means of payment of a fee. The proceeds will be managed by the professional body of collective management and devoted to cultural and social purposes for the benefit of Malian authors.[08-024/2008 Article 111]

Freedom of panoramaEdit

X mark.svg Not OK. Under the 2008 law, permitted uses are limited to:

  • Reproduction for the purpose of audiovisual creation or broadcasting and public communication of works of figurative and architectural art permanently placed in a public place and whose inclusion in the audiovisual work or broadcast is accessory or incidental to the main subject.[08-024/2008 Article 27(b)]
  • Reproduction and communication of literary, artistic or scientific works that may be seen or heard on the occasion of reports of a news event by means of photography, cinematography or broadcasting.[08-024/2008 Article 27(c)]

CitationsEdit

  1. a b Mali Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 08-024 of July 23, 2008, laying down the Regime of Literary and Artistic Property in the Republic of Mali (in French). Mali (2008). 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:Mauritania

Mauritania

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

BackgroundEdit

France began to extend its control north from the Senegal River area into what is now Mauritania in the late 19th century. Mauritania was part of French West Africa from 1920. The country gained independence in 1960.

Mauritania has been a member of the Berne Convention since 6 February 1973, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 31 May 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any copyright law enacted by the legislature of Mauritania.[1] A report on Mauritania on the World Trade Organization website in March 2009 stated that Mauritania had not yet notified the WTO of its intellectual property rights legislation, and had not ratified the Protocol amending the TRIPS Agreement.[2]

The WTO stated that the legislative and regulatory framework of copyright in Mauritania had undergone a major reform with the adoption of Law No. 2012-038 of 17 July 2012 on literary and artistic property, but implementing legislation had not been adopted.[2] In November 2018 Loi No 2012-038 relative à la propriété littéraire et artistique was held on the website of the Organisation Africaine de la Propriété Intellectuelle.[3] Following a website reorganization, the document is no longer available.[4]

General rulesEdit

According to the 2012 copyright act Loi No 2012-038 relative à la propriété littéraire et artistique,

  • Protection lasts for 70 years after the death of the author.[2012-038 Art. 53]
  • For joint works, protection lasts for 70 years after death of the last surviving author.[2012-038 Art. 54]
  • For collective and audiovisual works, protection lasts for 70 years after creation, public disclosure if within 70 years of creation or publication if within 70 years of creation, whichever is latest.[2012-038 Art. 55, 57]
  • For pseudonymous, collective or posthumous work, protection last for 70 years after the date of its publication or creation, whatever is the latest.[2012-038 Art. 56, 59]
  • In the case of photographic works and works of applied art, protection lasts for 70 years after the date of creation.[2012-038 Art. 58]

All terms run to the end of the year in which they expire.

Traditional cultural heritage and national works: not freeEdit

The 2012 copyright law gives protection to works of traditional cultural heritage and national works that have fallen into the public domain.[2012-038 Art. 8]

  • Traditional cultural heritage works consist of works of classical folk music; musical works and folk songs; popular expressions, created, developed and perpetuated within the national community and characteristic of the country's traditional culture; stories, poetry, dances and popular performances; works of popular art such as drawing, painting, engraving, sculpture, pottery and mosaic; work on metal objects, wood, jewelry, basketry and needlework, carpets and textiles.[2012-038 Art. 8]
  • National works that have fallen into the public domain shall consist of literary or artistic works whose term of protection of economic rights for the benefit of their author and rights holders under the provisions of this law has come to an end.[2012-038 Art. 8]

The Copyright and Neighboring Rights Unit is responsible for protecting works in the public domain and works of traditional cultural heritage.[2012-038 Art. 139] Exploitation of these works is subject to authorization granted by the Copyright and Neighboring Rights Unit. When the exploitation is for profit, the Unit receives a royalty.[2012-038 Art. 140] The royalties are intended to finance the recording and preservation of these works.[2012-038 Art. 140]

Freedom of panoramaEdit

Symbol OK.svgOK in most places.

Reproduction or communication to the public of a work of architecture or the fine arts, a work of the applied arts or a photographic work shall be considered lawful, without permission of the author or remuneration, if it is permanently located in a public place, with the exception of art galleries, museums and classified cultural and natural sites.[2012-038 Art. 47]

CitationsEdit

  1. a b Mauritania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. a b Examen des Politiques Commerciales. Rapport du Secrétariat. Mauritanie (in French). World Trade Organization. Retrieved on 2019-03-31.
  3. Loi No 2012-038 relative à la propriété littéraire et artistique (in French). Mauritania (2012). Retrieved on 2018-11-04. (dead link)
  4. Intellectual Property. Literary and Artistic Property. Lois. OAPI.
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:Niger

Niger

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

BackgroundEdit

The French began colonization efforts in what is now Niger in the late 19th century, and had eliminated all resistance by 1922. Niger became an autonomous state in 1958 and acquired full independence on 3 August 1960.

Niger has been a member of the Berne Convention since 3 August 1960, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 13 December 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree No. 93-027 of March 30, 1993, on Copyright, Neighbouring Rights and Folklore as the main copyright law enacted by the legislature of Niger.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

Under the the Decree No. 93-027 of March 30, 1993 on Copyright, Neighbouring Rights and Folklore,

  • Except as otherwise provided in this Chapter, the economic rights in a work shall be protected during the lifetime of the author and for 50 years after his death.[93-027/1993 Article 22(1)]
  • The economic rights in a work of joint authorship shall be protected during the lifetime of the last surviving author and for 50 years after his death.[93-027/1993 Article 23]
  • The economic rights in a work published anonymously or under a pseudonym shall be protected until the expiry of a period of 50 years as from the date on which such work has been lawfully published for the first time.[93-027/1993 Article 24]
  • The economic rights in a collective work or in an audiovisual work shall be protected until the expiry of a period of 50 years after such a work has been lawfully made accessible to the public or, failing such an event occurring during the period of 50 years as from the making of the work, 50 years as from its making.[93-027/1993 Article 25]
  • The economic rights in a work of applied art shall be protected until the expiry of a period of 25 years as from the making of such work.[93-027/1993 Article 26]

In the above, each time limit shall expire at the end of the calendar year during which it would normally lapse.[93-027/1993 Article 27]

Expressions of folklore: not freeEdit

"Folklore" means any productions created within the national territory by national ethnic communities, handed down from generation to generation, and constituting one of the fundamental elements of the traditional cultural heritage of a nation.[93-027/1993 Article 54(1)] "Expressions of folklore" means any productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of such a community, in particular verbal expressions, such as folk tales, folk poetry and riddles; musical expressions, such as folk songs and instrumental music; expressions by actions, such as folk dances, plays and artistic forms of rituals; tangible expressions, such as productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes; musical instruments; architectural forms.[93-027/1993 Article 54(2)]

The expressions of folklore developed and maintained in Niger shall be protected against unlawful exploitation and other prejudicial actions.[93-027/1993 Article 55] The following utilizations of the expressions of folklore shall be subject to authorization by the Copyright Office of Niger when they are made both with gainful intent and outside their traditional or customary context: any publication, reproduction and any distribution of copies of expressions of folklore; any public recitation or performance, any transmission by wireless means or by wire, and any other form of communication to the public, of expressions of folklore.[93-027/1993 Article 56] Where the Copyright Office of Niger grants authorization, it shall fix the amount of and collect fees. The fees collected shall be used for the purpose of promoting or safeguarding Nigerien culture.[93-027/1993 Article 57 (2)]

The law permits utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, a film or television broadcast.[93-027/1993 Article 58(ii)]

Copyright tagsEdit

  • {{PD-Niger}} – for works made in Niger whose copyright has expired
  • {{PD-NigerienGov}} – for works created by the Nigerien government that do not fall under copyright protection.

Freedom of panoramaEdit

X mark.svg Not OK: incidental, non-commercial use only.

The 1993 law permits, without the consent of the author, "to reproduce or make available to the public, for the purposes of reporting on current events by means of photography, cinematography, or through broadcasting or such communication to the public by cable, a work seen or heard during such an event, to the extent justified by the intended informatory purpose.[93-027/1993 Article 14(ii)] The 1993 law also permits, "to reproduce, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art that is permanently located in a place open to the public, except if the image of the work is the main subject of such reproduction, broadcast or communication and if it is used for profit-making purposes.[93-027/1993 Article 15]

The law permits utilization of any expression of folklore that can be seen or heard in the course of a current event for the purposes of reporting on that event by means of photography, broadcasting, or sound or visual recording, provided that the extent of such utilization is justified by the informatory purpose.[93-027/1993 Article 58 (i)] It also permits utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, a film or television broadcast.[93-027/1993 Article 58(ii)]

CitationsEdit

  1. a b Niger Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Decree No. 93-027 of March 30, 1993, on Copyright, Neighbouring Rights and Folklore. Niger (1993). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Nigeria

Nigeria

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

BackgroundEdit

Nigeria state originated from British colonial rule beginning in the 19th century, and took its present territorial shape with the merging of the Southern Nigeria Protectorate and Northern Nigeria Protectorate in 1914. Nigeria became a formally independent federation on 1 October 1960.

Nigeria has been a member of the Berne Convention since 14 September 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 January 2018.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act of 1988 (Chapter C.28, as codified 2004) as the most recent main copyright law enacted by the legislature of Nigeria.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The act repealed the Copyright Act 1970.[C.28/2004 Art.52] It applies retroactively.[C.28/2004 5th Schedule]

DurationsEdit

Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), the terms of protection are:

  • Anonymous or pseudonymous works are protected until 70 years after the end of the year of publication.[C.28/2004 Art.2(3)]
  • Literary, musical or artistic works other than photographs: 70 years after the end of the year in which the author dies.[C.28/2004 1st Sched/1]
  • In the case of government or a body corporate, 70 years after the end of the year in which the work was first published.[C.28/2004 1st Sched/1]
  • Cinematograph films and photographs. 50 years after the end of the year in which the work was first published.[C.28/2004 1st Sched/2]
  • Sound recordings. 50 years after the end of the year in which the recording was first made.[C.28/2004 1st Sched/3]
  • Broadcasts. 50 years after the end of the year in which the broadcasting first took place.[C.28/2004 1st Sched/4]

Notice there is no exception for government works – quite the opposite, they are very broadly covered: " Copyright shall be conferred by this section on every work, which is eligible for copyright and is made by or under the direction or control of the Government, a State authority or prescribed international body."

Copyright tagsEdit

a) cinematograph films or photographs 50 years after first publication;
b) sound recordings 50 years after creation;
c) broadcasts 50 years after first taking place;
d) other works 70 years after author's death or in case of governmental or corporative authorship – 70 years after first publication.

CurrencyEdit

X mark.svg Not OK. There is no copyright exemption for government works. (discussion)

Freedom of panoramaEdit

Symbol OK.svgOK {{FoP-Nigeria}} "The right conferred in respect of a work by section 5 of this Act does not include the right to control ... the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".[C.28/2004 2nd Sched/d]

Threshold of originalityEdit

Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), A literary, musical or artistic work shall not be eligible for copyright unless (a) sufficient effort has been expended on making the work to give it an original character;...[C28/2004 Section 1(2)]

CitationsEdit

  1. a b Nigeria Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act (Chapter C.28, as codified 2004). Nigeria (2004). 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
Text transcluded from
COM:Senegal

Senegal

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

BackgroundEdit

The French established rule of what is now Senegal in the 19th century. On 4 April 1959 Senegal and the French Sudan merged to form the Mali Federation, which became fully independent on 20 June 1960. The Federation broke up on 20 August 1960, when Senegal and the Republic of Mali each proclaimed independence.

Senegal has been a member of the Berne Convention since 25 August 1962, the Bangui Agreement since 8 February 1982, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 18 April 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights as the main copyright law enacted by the legislature of Senegal.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

The 2008 law repealed Law No. 73-52 of December 4, 1973 on Copyright Protection; Law No. 86-05 of January 24, 1986 and all earlier provisions contrary to the 2008 law.[2008-09 Article 162] The 2008 law applied to works that had not yet fallen into the public domain.[2008-09 Article 161] This did not apply to posthumous works.[2008-09 Article 161]

General rulesEdit

According to the Law No. 2008-09 of January 25, 2008 on Copyright and Related Rights,

  • The author's economic rights shall last for his or her lifetime and for 70 years after his death.[2008-09 Article 51]
  • The economic rights in a work of joint authorship shall last for the lifetime of the last surviving author and for 70 years after his death.[2008-09 Article 52]
  • The economic rights in a work published anonymously or under a pseudonym shall last for 70 years from publication or, if publication has not occurred within 70 years of creation of the work, for 70 years after such creation.[2008-09 Article 53]
  • The economic rights in a posthumous work shall last for 70 years from the disclosure of the work.[2008-09 Article 54]

The periods provided for above expire at the end of the calendar year during which they would normally expire.[2008-09 Article 55]

Freedom of panoramaEdit

X mark.svg Not OK {{NoFoP-Senegal}}

The reproduction and communication, for the purpose of reporting a current event, of works that may be seen or heard in the course of the event shall not, insofar as they are justified for information purposes, be subject to the author's consent.[2008-09 Article 45(2)] The author may not prohibit the reproduction or communication of a graphic or three dimensional work that is permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction, broadcast or communication and is used for commercial purposes.[2008-09 Article 46]

Threshold of originalityEdit

Works of the mind may enjoy protection only if they are original. "Originality" means the work bears the stamp of the author's personality.[2008-09 Article 7]

See alsoEdit

CitationsEdit

  1. a b Senegal Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights. Senegal (2008). Retrieved on 2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Sierra Leone

Sierra Leone

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

BackgroundEdit

The British Crown founded a settlement in Sierra Leone in 1787 as a home for African-Americans they had freed during the American Revolutionary War. Sierra Leone became independent from the United Kingdom on 27 April 1961.

Sierra Leone has been a member of the World Trade Organization since 23 July 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2011 (Act No. 8 of 2011) as the main copyright law enacted by the legislature of Sierra Leone.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rulesEdit

  • The economic and moral right of an author is protected during their life and for 50 years after their death. The moral right exists in perpetuity .[Section 21(1/2)]
  • The economic and moral right in a work of joint authorship is protected during the life of the last surviving author and for 50 years after their death.[Section 21(3a)]
  • A collective work other than a work of applied art or an audiovisual work is protected for 50 years from when it was made, first made available to the public or first published, whichever is last.[Section 21(3b)]
  • An anonymous work or pseudonymous work is protected for 50 years from when it was made, first made available to the public or first published, whichever is last, as long as the author does not become known.[Section 21(3c)]
  • A work of applied art is protected for 25 years from when it was made.[Section 21(3d)]

All the above periods of protection run to the end of the calendar year in which it would otherwise expire.[Section 21(4)]

  • When copyright in a work is owned by a public corporation or other body corporate, protection last for 50 years from the date the work was made public.[Section 22]
  • A photograph is protected until 50 years after the date the work was made.[Section 25]

FolkloreEdit

An expression of folklore is protected by copyright against reproduction, communication to the public and adaptation when the expression is made for commercial purposes or outside a traditional or customary context. The right to authorize such an act vests in the Minister responsible for trade.[ Section 9]

Public domain: not freeEdit

Works in the public domain include works with expired terms of protection, works by authors who have renounced their rights and foreign works that do not enjoy protection in Sierra Leone. Subject to payment of a fee to be prescribed by the Registrar a work that has fallen into the public domain may be used without any restriction. These fees will be used to promote institutions that operate for the advancement of authors, performers, producers of sound recording, translators and the arts in general.[8/2011 Section 48]

CurrencyEdit

X mark.svg Not OK: Government works are copyrighted.[8/2011 Section 8]

CitationsEdit

  1. a b Sierra Leone Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act, 2011 (Act No. 8 of 2011). Sierra Leone (2011). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM: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:Western Sahara

Western Sahara

Limited international recognition

Western Sahara, showing the berm (red) dividing the areas of Moroccan control and SADR control

Western Sahara is a disputed territory in the Maghreb region of North and West Africa, partially controlled by the self-proclaimed Sahrawi Arab Democratic Republic and partially controlled by Morocco.

BackgroundEdit

The modern territory of Western Sahara was occupied and ruled by Spain as the Spanish Sahara between 1884 and 1975. Under the Madrid Treaty of 1975 Spain ceded the Spanish Sahara to Morocco, a move that was encouraged by the United States. Since then, the United States has been neutral over Morocco's claim to the territory.[1]

The Sahrawi Arab Democratic Republic (SADR) was proclaimed by the Polisario Front on 27 February 1976. The SADR government controls a strip of land in the east of the country, separated by a berm from the larger area to the west that is controlled by Morocco, which claims it as its Southern Provinces. The Sahrawi Republic maintains diplomatic relations with 40 states of the United Nations and is a full member of the African Union.

Applicable lawEdit

Neither Western Sahara nor the Sahrawi Arab Democratic Republic appear in the list of countries with which the United States has copyright relations.[2] The de facto position would appear to be that Moroccan copyright law applies to works from Western Sahara, or at least to works created west of the berm.

See alsoEdit

CitationsEdit

  1. Abdel-Rahim Al-Manar Slimi (17 June 2009). The United States, Morocco and the Western Sahara Dispute. Carnegie Endowment. Retrieved on 2019-03-11.
  2. Circular 38a: International Copyright Relations 11. United States Copyright Office of the United States (2019). Retrieved on 2019-01-13.
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