Commons:Copyright rules by territory/Andorra
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Copyright rules: Andorra Shortcut: COM:ANDORRA | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 years |
| Collective | Publish + 70 years |
| Other | |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | AND |
| Treaties | |
| Berne convention | 2 June 2004 |
| Univ. Copyright Convention | 16 September 1955 |
| URAA restoration date* | 2 June 2004 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Andorra relevant to uploading works into Wikimedia Commons. Note that any work originating in Andorra must be in the public domain, or available under a free license, in both Andorra 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 Andorra, refer to the relevant laws for clarification.
Governing laws
Andorra has been a member of the Universal Copyright Convention since 16 September 1955 and the Berne Convention since 2 June 2004.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1999 Law on Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Andorra.[1] WIPO holds the English and Catalan text of this law in their WIPO Lex database.[2]
General rules
The 1999 Copyright law of Andorra states that,
- Except as stated below, economic and moral rights are protected during the life of the author and for 70 years after his death.[1999 Art. 18(1)]
- With a work of joint authorship, the rights are protected during the life of the last surviving author and for 70 years after his death.[1999 Art. 18(2)]
- With a collective work, the rights are protected for 70 years from the date on which the work was first lawfully made available to the public or, failing such an event within 70 years from the making of the work, from its making. In the event that a collective work subsequently is published with indication of the names of the persons who created the work, the provisions of paragraph 1) and 2) of this article shall apply.[1999 Art. 18(3)]
- With an audiovisual work, the rights are protected during the life of the following persons and for 70 years after the death of the last of them to survive: the principal director, the author of the scenario, the author of the dialogue and the composer of music specifically created for the audiovisual work.[1999 Art. 18(4)]
- With a work published anonymously or under a pseudonym, the rights are protected for 70 years from the date on which the work was first lawfully made available to the public, provided that, where the pseudonym adopted by the author leaves no doubt as to his identity, or, before the expiration of the said period, the author’s identity is revealed or is no longer in doubt, the provisions of paragraph (1) or paragraph (2) shall apply, as the case may be.[1999 Art. 18(5)]
- Provisions of paragraph 3 shall apply, mutatis mutandis in cases where, under this law, a legal entity is considered to be the author. Provided that if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public, the provisions of paragraph 1) and 2) of this article shall apply.[1999 Art. 18(6)]
- Every period provided for in this Article is calculated from 1 January of the year following the event which gives rise to them.[1999 Art. 18(8)]
Not protected
See also: Commons:Unprotected works
- Copyright protection shall extend to expressions and not to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1999 Art. 4(1)]
- No protection shall extend under this law to any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[1999 Art. 4(2)]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK Andorra's 1999 copyright law includes buildings and sculptures and fine arts works among the works subject to rights of copyright.[1999 Art. 2]
There is no "freedom of panorama" exception.[1999 Art. 11]
Note: "Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st Year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for states with no formal FOP since the author's works are now copyright free."
See also
Citations
- ↑ a b Andorra Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Law on Copyright and Neighboring Rights. Andorra (1999). Retrieved on 2018-11-11.