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This page is a translated version of a page Commons:Copyright rules by territory/Namibia and the translation is 58% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Namibia and have to be approved by a translation administrator.

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

Contents

Hintergrund

In 1884 Germany established rule over Southwest Africa as a protectorate. In 1920 the United Kingdom gained a mandate over the country, which was administered by South Africa. Namibia became independent of South Africa on 21 March 1990.

Namibia has been a member of the Berne Convention since 21 March 1990 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 Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994) as the main IP law for general copyright enacted by the legislature of Namibia.[1] WIPO holds the text of this law in their Template:Wp-WIPO Lex database.[2]

The 1994 law is not retroactive. "Subject to subsection (2), this Act shall apply in relation to works before the commencement of this Act as it applies in relation to works made thereafter" [6/1994 Section 65(1)]. However, "Nothing in this Act contained shall (a) affect the ownership, duration or existence of a copyright which subsists under the Copyright Act, 1965 (Act 63 of 1965); or (b) be construed as creating a copyright which did not subsist prior to 11 September 1965" [6/1994 Section 65(2)].

The 1994 law is amended by Schedule II of the Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). The amendments did not affect the definitions of copyrighted works or durations of protection.[3]

Allgemeine Regeln

Under the 1994 law,

  • Copyright in a literary or musical work or an artistic work, other than a photograph, endures during the life of the author and for a period of 50 years from the end of the year in which the author dies.[6/1994 Section 6(1a)]
  • If a work has not been made available to the public during the author's life, copyright lasts for 50 years from the end of the year when it is made available to the public.[6/1994 Section 6(1a)]
  • Copyright in a cinematograph film, photograph or computer program endures for a period of 50 years either from the end of the year in which it is made available to the public or if it was not so made available to the public within 50 years of its making, the end of the year in which it was made.[6/1994 Section 6(1b)]
  • For anonymous or pseudonymous works copyright endures for 50 years from the end of the year in which the work is first made available to the public or from the end of the year in which it is reasonable to presume that the author died, whichever is first.[6/1994 Section 6(2)]
  • For a work of joint authorship the reference to the death of the author shall be taken to refer to the author who dies last.[6/1994 Section 6(4)]
  • A literary or musical work or an artistic work, other than a photograph, made by or under the direction of the state is protected for a period of 50 years after it is first published.[6/1994 Section 6(5)]

Lizenzvorlagen

Siehe auch: Commons:Lizenzvorlagen

  • {{PD-Namibia}} – photos, films and computer programs 50 years after publication, starting from the end of the publication year. Other works 50 years after the author's death.

Panoramafreiheit

Siehe auch: Commons:Panoramafreiheit

  Nicht OK The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or television broadcast or its transmission in a diffusion service, if (a) such inclusion is merely by way of background to the principal matters represented in the film, broadcast or transmission or incidental thereto; (b) such work is permanently situated in a street, square or a similar public place.[6/1994 Section 18(1)]

Briefmarken

Siehe auch: Commons:Briefmarken   According to the Copyright and Neighbouring Rights Protection Act 6 of 1994, copyright of government-produced work is held by the state, and lasts for a period of 50 years after publication [6/1994 Section 6(5)]. The Namibian post was originally a department of the government's Ministry of Works, Transport and Communication, and became Namibia Post Ltd, or NamPost, in 1992. Before its independence in 12 June 1968 {{PD-SAGov}} may apply.

Siehe auch

Zitate

  1. a b Namibia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Act No. 6 of 1994: Copyright and Neighbouring Rights Protection Act, 1994. Namibia (1994). Retrieved on 2018-11-04.
  3. Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). Namibia. Retrieved on 2018-11-07.
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss