即便許多國家基於《公約》第7條而接受其他國家或地區較短的著作權保護期限，但請留意美國著作權法不適用這個規則。舉例，17 U.S.C. 104A(a)(1)(B)規定，美國以外發表的作品，不論在來源地的著作權保護期限是否已經過期，仍可以依據該法進行回溯，以維持美國的著作權保護期限。這將會影響1996年1月1日以後的其他來源地作品，也意味著某位維基共享資源使用者母國的公有領域作品，在美國可能仍依法受到著作權保護。有關更多細節可以參考中文維基百科的非美國著作權指引，當中列出非美國著作權作品的美國著作權保護回溯情形。
However, this directive does not shorten already running extended copyright terms in countries that apply them.
The 2001 EUCD, Article 5, specifies exceptions to copyright. However, only one of these exceptions is mandatory (it concerns caching). The others are optional, meaning that for each exception, each country is free to choose whether it adopts it and how it restricts it. Thus, one should not assume that an exception true in one EU country applies in another. Notably, each country is free to choose how to copyright objects permanently located in public places and "simple" photographs.
Finally, there is a considerable amount of case law or jurisprudence on these issues. In some cases, they may create rights or restrictions that do not appear in the text of the law. Thus, one should always be wary in how the law is interpreted in the country of interest, as opposed to merely reading the legal texts.
Laws about copyright differ from country to country. Images uploaded to Commons, unless uploaded from the United States, involve the interaction of two or more copyright jurisdictions. Generally, the policy applied on Commons is to only allow images that can be used in all (or at least most) countries. The laws of individual countries differ especially in the following points:
- The time for which a copyright applies. In most countries, copyright expires no later than 70 years after the death of the author (p.m.a.), sometimes extended by war periods when copyright protection could not be enforced.
- Status of works of the government. In many (but not all) countries, documents published by the government for official use are in the public domain.
- Material applicable for copyright. In some jurisdictions, pictures of artistic work like architecture, sculptures, clothing etc. can not be used freely without the consent of the creator of the original artwork.
The safest way to apply international copyright law is to consider the laws of all the relevant jurisdictions and then use the most restrictive combination of laws to determine whether something is copyrighted or not. The jurisdictions that might need to be considered are:
- The place where the work was created;
- The place where the work is being uploaded from;
- The place that any web server the work has been downloaded from physically is;
- The United States.
A work is only allowed on Commons if it is either public domain in all relevant jurisdictions or if there is a free licence which applies to the work in all relevant jurisdictions.
In the case of a painting published in France please do apply US-American copyright laws as those copyright laws apply to the servers of Commons. Also apply the copyright laws of the country you are in and the copyright laws of any web server you got the work off. In the case of a French painting uploaded to Commons from a French web server by someone living in the UK three copyright jurisdictions would apply: France, UK and US. US law would mean that if the painting had not been published before 1925 it would be in copyright. British law would mean that if the painting was by an artist who had been dead for less than 70 years it would be in copyright. French law would mean that, if the painting was by an artist who died while in service for France (a concept called Mort pour la France), it would be in copyright for 100 years after the artist's death: an additional 30 years past the term provided by British law. In this case the most restrictive combination of jurisdictions would be French and US. Only if the painting was legally in the public domain in both France and the United States could it be uploaded from a French web server to Commons.
The Public Domain Calculator by the Europeana Connect project/Österreichische Nationalbibliothek is useful (for people who are not legal newbies) for determining the copyright status of European works in their source nations.
- Rules are generally different for works with known authors and works published anonymously or pseudonymously. Works published anonymously or pseudonymously may gain the standard known-author copyright term if authorship is subsequently made public.
- Rules may also be different for works of collective, corporate or government authorship.
- Note that copyright rules based on the death of the author normally assume the work to have been published, and often require the work to have been published during the author's lifetime. Unpublished works, or works published posthumously, may have different rules.
- Main page: 共享资源:衍生作品.
Many creative works are derivatives of other creative works. This may be a copyright infringement if the work used is not in the public domain. Exceptions exist for allowing derivatives to be made without infringing copyright; whether and how these apply varies widely across countries, by subject matter, and may depend on a range of circumstances.
|V • T •||各地著作權法規|
The table to the right gives links to consolidated lists of copyright rules for countries within the subregions defined in the United Nations geoscheme.
For consolidated lists of copyright rules for all countries in alphabetic sequence, see
- Commons:Copyright rules by territory/Consolidated list A-B
- Commons:Copyright rules by territory/Consolidated list C-D
- Commons:Copyright rules by territory/Consolidated list E-H
- Commons:Copyright rules by territory/Consolidated list I-L
- Commons:Copyright rules by territory/Consolidated list M-N
- Commons:Copyright rules by territory/Consolidated list O-R
- Commons:Copyright rules by territory/Consolidated list S-S
- Commons:Copyright rules by territory/Consolidated list T-Z
- Commons:Copyright rules by territory/Structure for technical information on this and related pages
- 共享资源:URAA回溯版权 for information on restored copyrights in the United States under the Uruguay Round Agreement Act
- Berne Convention for the Protection of Literary and Artistic Works. WIPO. Retrieved on 2019-04-09.
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. Official Journal L 167 10-19 (22 June 2001). Retrieved on 2019-04-09.