Commons:Copyright rules by territory/Guinea
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Copyright rules: Guinea Shortcut: COM:GUINEA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 80 years |
| Photograph | Life + 40 years |
| Anonymous | Publish + 80 years |
| Audiovisual | Publish + 80 years |
| Collective | Publish + 80 years |
| Posthumous | Publish + 80 years |
| Applied art | Life + 40 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | GIN |
| Treaties | |
| Berne convention | 20 November 1980 |
| Bangui Agreement | 18 January 1990 |
| WTO member | 25 October 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 25 May 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of 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.
Background
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 terms
- 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 free
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 Payant
See also: Commons:Paying public domain
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 panorama
See also: Commons:Freedom of panorama
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]
See also
Citations
- ↑ a b Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights. Guinea (1980). Retrieved on 2018-11-05.