Commons:Schöpfungshöhe/Asien
Diese Seite gibt einen Überblick über die Regeln zur Schöpfungshöhe in verschiedenen Ländern oder Territorien Asiens. Es wird von einzelnen Seitenabschnitten "eingebunden" und enthält die Regeln für jedes Gebiet.
Staaten in Asien
COM:TOO Afghanistan
Afghanistan
According to the 2008 Copyright Law, work that may be protected includes: Photography work that has been created using an innovative mode; Innovative work of handicraft or industrial art (carpet designs, rugs, felt carpet and its attachments etc.); Innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.[2008 Article 6(1) items 7-9]
COM:TOO Egypt
Ägypten
Keine Information verfügbar
COM:TOO Armenia
Armenien
Keine Information verfügbar
COM:TOO Azerbaijan
Aserbaidschan
Keine Information verfügbar
COM:TOO Bahrain
Bahrain
Keine Information verfügbar
COM:TOO Bangladesh
Bangladesch
Keine Information verfügbar
COM:TOO Bhutan
Bhutan
Keine Information verfügbar
COM:TOO Brunei
Brunei Darussalam
Keine Information verfügbar
COM:TOO Georgia
Georgien
Keine Information verfügbar
COM:TOO India
Indien
India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied. Robbin Singh has written an essay on the subject that may be useful.
COM:TOO Indonesia
Indonesien
Indonesia's threshold of originality is reportedly low, being based on common law ("Anglo-American model") principles, with "wallpaper, wrappers, packaging designs and technical drawings" being registered by copyright authorities.[2]
COM:TOO Iraq
Irak
Keine Information verfügbar
COM:TOO Iran
Iran
Nicht OK für die meisten Logos. Die Schöpfungshöhe, die für einen Urheberrechtsschutz im Iran erforderlich ist, scheint sehr niedrig zu sein.
Das Folgende ist für einen Urheberrechtsschutz registrierbar: „(...) Bilder, Zeichnungen, Designs, dekorative Schriften, (...) oder jedes dekorative oder erfinderische Werk, das in jedweder einfachen oder komplexen Weise produziert wurde“
COM:TOO Israel
Israel
Although Israel historically used a "skill and labour" test similar to that used by the UK, since the 1989 Israeli Supreme Court's ruling in Interlego A/S v. Exin-Lines Bros. SA they have tended fairly close to a US-style requirement equating originality with human creativity.[3] In Israel, the Supreme Court in the Interlego A/S v. Exin-Lines Bros. SA decision adopted the Feist ruling with regards to both the interpretation of the originality requirement and the general rejection of the ‘sweat of the brow’ doctrine and the labour theory as a legitimate interest for establishing a copyright claim.
COM:TOO Japan
Japan
Logos in the gallery below are OK to upload. Article 2 of Japanese copyright law defines that a work is eligible for copyright when it is a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain.
Japanese courts have decided that to be copyrightable, a text logo needs to have artistic appearance that is worth artistic appreciation. Logos composed merely of geometric shapes and texts are also not copyrightable in general.
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(DR) Tokyo High Court's ruling: letters are a means of communication, shared by all. Copyright protection of fonts is limited only to those that raise artistic appreciation as much as artistic works do. [5] |
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(DR) Tokyo High Court's ruling: although the shape is stylized, the text is in a normal arrangement and keeps its function of being read as a sequence of letters. [6] |
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Tokyo District Court's ruling: the Court is negative towards recognizing the symbol as a copyrightable work of fine arts, because it is considered merely relatively simple graphic elements. [7] |
- Furby toy: utilitarian, so not protected by copyright as an artistic work. Not utilitarian in the United States, so photos of the toy can't be uploaded to Commons.
COM:TOO Yemen
Jemen
COM:TOO Jordan
Jordanien
COM:TOO Cambodia
Kambodscha
COM:TOO Kazakhstan
Kasachstan
COM:TOO Qatar
Katar
COM:TOO Kyrgyzstan
Kirgisistan
COM:TOO Kuwait
Kuwait
COM:TOO Laos
Laos
COM:TOO Lebanon
Libanon
COM:TOO Malaysia
Malaysia
The threshold of originality situation in Malaysia remains Unsure. Some previous discussions:
- The File:Hcc.png was deleted probably based on calligraphic Chinese words, and cited that COM:TOO UK may also applied for deletion;
- But the File:Petronas Logo.svg was nominated and decided to keep twice, despite that this may also beyond COM:TOO UK. Note that this logo is used before June 2013, and since that, the Petronas modified their logo to be more modern and fairly complex, the current Petronas logo is located at English Wikipedia for Fair use, though some users oppose that.
COM:TOO Maldives
Malediven
COM:TOO Mongolia
Mongolei
COM:TOO မြန်မာပြည်
Template:မြန်မာပြည်
COM:TOO Nepal
Nepal
COM:TOO North Korea
Nordkorea
COM:TOO Oman
Oman
COM:TOO East Timor
Osttimor
COM:TOO Pakistan
Pakistan
COM:TOO Philippines
Philippinen
COM:TOO Russia
Russland
- Automatic camera works
use {{PD-RU-exempt-autocam}}
OK A photowork or a videowork made by automatic camera (Russian: автоматическая камера, not to be confused with automated camera: автоматизированная камера) is not the subject of copyright, because such work is made by technical tool without creative human activity. The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation
Examples
- Any photowork or videowork made by automatic camera for administrative violation record (for example, by automatic camera for driving offense record[9]). The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation
- Simple creative works
Nicht OK Simple result of creative work (creative human activity) is copyrightable. The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation
Examples
- Simple black square as geometric shape is uncopyrightable as itself. However Black Square by Kazimir Malevich was copyrightable because this painting was the result of creative work in recognized art style - suprematism, and it is in Public Domain because of copyright term expiry, not because of result simplicity.
- Logos
In doubt There is no clear precedent in Russian courts for the threshold of originality for simple logos.
COM:TOO Saudi Arabia
Saudi-Arabien
COM:TOO Singapore
Singapur
- For logos
Likely not OK for most logos. The level of originality required for copyright protection is presumably very low.
Because Singapore was a territory of the United Kingdom until 1963, Singapore law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.
- For buildings
Assume all Singaporean buildings as copyrighted, regardless of design or artistry involved. Copyright Act 2021 (Act 22 of 2021) explicitly considers all buildings as artistic works: a building or a model of a building (whether the building or model is of artistic quality or not).[22/2021 Section 20(1)(a)(ii)] Please use {{FoP-Singapore}} even to plain-looking Singaporean buildings instead of {{PD-structure|SGP}}.
COM:TOO Sri Lanka
Sri Lanka
COM:TOO South Korea
Südkorea
According to a machine translation of the Copyright Act as amended up to Act No. 14634 of March 21, 2017,
- "Work" refers to a creation that expresses human thoughts or feelings.[432/1957–2017 Article 2.2]
The Supreme Court of South Korea declared that it is sufficient to be work if:[10]
- it is not just an imitation,
- it has own characteristics as a product of mental efforts, and
- it can be distinguished from existing ones.
Seoul High Court judged the seagull pattern and the figure of Ebisu of EVISU Japan is not copyrighted because they cannot be recognized for originality.[11] Also, The Supreme Court of South Korea has ruled that typefaces are not copyrighted. (See also Commons:Copyright rules by territory/South Korea § Signatures)
However, the Supreme Court of South Korea judged the logo of Fox Racing is copyrighted.[12]
COM:TOO Syria
Syrien
COM:TOO Tajikistan
Tadschikistan
COM:TOO Thailand
Thailand
According to LawPlus Ltd. (2019),[13] "a copyright work does not need distinctiveness required for a trademark but it must be a creative expression of an original idea of its author. The required level of originality or creativity is minimal." It can be interpreted that Thailand's threshold of originality for logos is low.
COM:TOO Türkiye
Türkei
COM:TOO Turkmenistan
Turkmenistan
COM:TOO Uzbekistan
Usbekistan
COM:TOO United Arab Emirates
Vereinigte Arabische Emirate
COM:TOO Vietnam
Vietnam
COM:TOO 中国 / 中國
China
COM:TOO Cyprus
Zypern
Begrenzte Anerkennung
COM:TOO Abkhazia
Abchasien
COM:TOO 中華民國
Template:中華民國
COM:TOO فلسطين / Palestine
Template:فلسطين / Palestine
COM:TOO South Ossetia
Südossetien
COM:TOO Northern Cyprus
Türkische Republik Nordzypern
Weitere Gebiete
COM:TOO Akrotiri and Dhekelia
Akrotiri und Dekelia
COM:TOO British Indian Ocean Territory
Britisches Territorium im Indischen Ozean
COM:TOO Hong Kong
Hongkong
Because Hong Kong was a territory of the United Kingdom until 1997, Hong Kong law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.
COM:TOO Macau
Macau
teilweise in Asien
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