共享资源:各地著作权法规/柬埔寨
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著作权法规： 柬埔寨 快捷方式: COM:柬埔寨 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+50年 |
| 匿名 | 出版 + 75年 |
| 视听作品 | 出版 + 75年 |
| 集体作品 | 出版 + 75年 |
| 死后出版 | 出版 + 75年 |
| 其他 | |
| 全景自由 | 否 |
| 一般授权条款标签 |
{{PD-Cambodia}} {{PD-CambodiaGov}} |
| 协议 | |
| 伯尔尼公约 | 2022年3月9日 |
| 世界贸易组织成员 | 2004年10月13日 |
| 乌拉圭回合协议法案回溯日期* | 2004年10月13日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Cambodia relevant to uploading works into Wikimedia Commons. Note that any work originating in Cambodia must be in the public domain, or available under a free license, in both Cambodia 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 Cambodia, refer to the relevant laws for clarification.
背景
Cambodia became a protectorate of France in 1863, and regained independence on 9 November 1953.
Cambodia has been a member of the World Trade Organization since 13 October 2004, and became a member of the Berne Convention since 9 March 2022.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Cambodia.[1] WIPO holds the text of this law in their WIPO Lex database.
一般规则
According to Cambodia's Law on Copyright and Related Rights, 2003,
- The protection of economic right starts from the date of the creation of a work and covers the life of the author, and the whole 50 years following his/her decease. In the case of a work of collaboration, the economic rights shall be protected during the life of the last surviving author and for 50 years after his/her death.[2003 Article 30]
- For anonymous and pseudonymous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation. If the identity of the author is revealed or is established beyond doubt of the public before this period of expiration, copyright instead expires 50 years after the death of the author.[2003 Article 31]
- For collective, audiovisual, or posthumous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation.[2003 Article 31]
不受保护
参见：共享资源:不受保护
The following works shall not have under any protection by this law: a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations; b- Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations; Court decision or other court warrants; d- translation of the materials mentioned in the preceding paragraphs; e- Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work.[2003 Article 10]
版权标签
参见：共享資源:著作權標籤
- {{PD-Cambodia}} - Works where the (last surviving) author has been dead for over 50 years. Collective, anonymous, pseudonymous or collective audio-visual works 75 years after creation or publication.[2003 Article 30–31]
- {{PD-CambodiaGov}} - ineligible for copyright because it is one of: "Constitution, Law, Royal Decree, Sub-Decree, ... other Regulation, ... Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations" and "Court decision or other court warrants" including translations thereof or "Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work."[2003 Article 10]
全景自由
参见：共享资源:全景自由
不可以, only incidental ("not the main subject") inclusion is allowed. {{NoFoP-Cambodia}}
Cambodian copyright law does provide some form of freedom of panorama, but does not allow if the artistic works become the main subject of the subsequent reproduction (that is, further depictions). The "principle" on the English version is likely a typographical error, as "principle" is not used as an adjective in the English language. More likely, it should have been "principal".
- "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle [sic] subject for subsequent reproduction."[2003 Article 25]
Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Cambodia.[2003 Article 30] On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."
邮票
参见：共享資源:郵票
不可以 - Stamps are not among the government documents exempt from copyright.[2003 Article 10]
They may count as anonymous or collective works, in which case copyright expires 75 years after publication.
If the author is known, presumably they are protected for life + 50 years.[2003 Articles 31]
参见
引用
- ↑ a b Cambodia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law on Copyright and Related Rights. Cambodia (2003). Retrieved on 2018-11-08.