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

Background

The island of Funafuti was named Ellice's Island in 1819. The Ellice Islands were declared a British Protectorate in 1892. They were later part of the British Western Pacific Territories, then part of the Gilbert and Ellice Islands colony from 1916 to 1976. On 1 January 1976 the separate British colonies of Kiribati (Gilbert Islands) and Tuvalu (Ellis Islands) came into existence. Tuvalu became fully independent on 1 October 1978.

Tuvalu has been a member of the Berne Convention since 2 June 2017.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Chapter 40.24, Revised Edition 2008) as the main IP law enacted by the legislature of Tuvalu.[1] WIPO holds the text of this law in their {wp-WIPO Lex|WIPO Lex}} database.[2] This act describes penalties for infringement of the Copyright Act 1956 of the United Kingdom.[2] The full text of the Copyright Act, 1956 (United Kingdom) is available in Wikisource.[3]

General rules

Under the Copyright Act 1956 of England,

  • Copyright subsists in an original literary, dramatic or musical work for 50 years from the end of the calendar year in which the author died.[1956 Sec.2(1)]
  • An "artistic work" means any of paintings, sculptures, drawings, engravings and photographs, buildings or models for buildings, and works of artistic craftsmanship.[1956 Sec.3(1)]
  • Copyright subsists in an artistic work for 50 years from the end of the calendar year in which the author died.[1956 Sec.3(4)]
    • With an engraving, if before the death of the author the engraving had not been published, copyright subsists for 50 years from the end of the calendar year in which it is first published.[1956 Sec.3(4a)]
    • Copyright in a photograph subsists for 50 years from the end of the calendar year in which the photograph is first published.[1956 Sec.3(4b)]
  • Copyright subsists in a sound recording for 50 years from the end of the calendar year in which the recording is first published.[1956 Sec.12(3)]
  • Copyright in a film subsists for 50 years from the end of the calendar year in which it is registered.[1956 Sec.13(3a)]
  • Copyright in a television broadcast or sound broadcast subsists for 50 years from the end of the calendar year which the broadcast is made.[1956 Sec.14(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, copyright subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Schedule.2(b))]

Government works

Under the Copyright Act 1956 of England,

  • For literary, dramatic or musical works made by or under the direction or control of Her Majesty or a Government department, copyright (a) where the work is unpublished, subsists so long as the work remains unpublished, and (b) where the work is published, subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Sec.39(3)]
  • Copyright in an artistic work to which Her Majesty is entitled subsists for 50 years from the end of the calendar year in which the work was made.[1956 Sec.39(4)]

Freedom of panorama

See also: Commons:Freedom of panorama

 OK: Under the Copyright Act 1956 of England,

  • The copyright in a work which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(4)]

Citations

  1. a b Tuvalu Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. a b Copyright Act (Chapter 40.24, Revised Edition 2008). Tuvalu (2008). Retrieved on 2018-11-04.
  3. Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
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