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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.

Background

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The 2008 law repealed Law No. 73-52 of December 4, 1973 on Copyright Protection; Law No. 86-05 of January 24, 1986 and all earlier provisions contrary to the 2008 law.[2008-09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 rules

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 panorama

See also: Commons:Freedom of panorama

  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 originality

See also: Commons:Threshold of originality

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 also

Citations

  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