Commons:Copyright rules by territory/Consolidated list A

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Copyright rules by territory

A B C D E F G H I J K L M N O
P Q R Sa-Sl So-Sy T U V W X Y Z

This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.

Text transcluded from
COM:Abkhazia

Abkhazia

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

Background

[edit]

Abkhazia was absorbed by the Russian Empire during the 19th century. In 1931 Joseph Stalin made Abkhazia an autonomous republic (Abkhaz Autonomous Soviet Socialist Republic) within the Georgian SSR. In April 1991 Georgia became fully independent of the Soviet Union. In 1992–93 Abkhazia gained de-facto independence under the protection of Russia. The breakaway region has not gained international recognition.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not include Abkhazia among the WIPO/WTO/UN Members.[1] Abkhazia is not mentioned in Circular 38A on International Copyright Relations of the United States.[2] Presumably Abkhazian works would be protected in the United States under the terms that apply to Georgia.

Copyright rules in Abkazia are defined by the Law 1227-с-XIV of the Republic of Abkhazia on Copyright and Related Rights (2006).[3] The law, which took effect as of 1 July 2006, replaced Section IV "Copyright" of the Civil Code of the Republic of Abkhazia of 10 March 1993 and Section IV "Copyright" of the Fundamental Principles of Civil Legislation of the USSR and the Republic of 15 June 2001.[2006 Art. 54]

General rules

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Under the 2006 Law on Copyright and Related Rights,

  • Copyright is valid for the life of the author and for 70 years after his death, regardless of the date when this work was published, except as otherwise provided below.[2006 Art. 21.1]
  • Copyright in a work made public anonymously or under a pseudonym is valid for 70 years after the date of its lawful promulgation, unless the author becomes known during this period.[2006 Art. 21.3]
  • Copyright in a work created in co-authorship lasts for the life and 70 years after the death of the last surviving co-author.[2006 Art. 21.4]
  • Copyright in a work first published after the death of the author is valid for 70 years after its release.[2006 Art. 21.5] If the author has been repressed and rehabilitated posthumously, the term of protection of rights provided for in this article shall begin on 1 January of the year following the year of rehabilitation. If the author worked during the Great Patriotic War or the Patriotic War of the people of Abkhazia 1992-1993, or participated in one of them, the term of protection of copyright, provided for in this article, is increased by 4 and 1.5 years, respectively.[2006 Art. 21.5]
  • Calculation of the above dates begins on 1 January of the year following the year of the event on which the duration is based.[2006 Art. 21.6]

Not protected

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Under the 2006 Law on Copyright and Related Rights the following are not objects of copyright[2006 Art.8]:

  • official documents (laws, court decisions, other texts of legislative, administrative and judicial nature), as well as their official translations;
  • state symbols and signs (flags, emblems, orders, bank notes and other state symbols and signs);
  • works of folk art;
  • messages about events and facts of informational nature.
[edit]
  • {{PD-AB-exempt}} for works that are not objects of copyright.

Freedom of panorama

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 Not OK. Only incidental, non-commercial use allowed. Under the 2006 Law on Copyright and Related Rights,

  • It is allowed without the consent of the author and without paying the author's fee to reproduce, broadcast or communicate to the public by cable of works of architecture, photography or fine art which are permanently located in a place open to the public, except when the image of the work is the main object such reproduction, transmission or broadcast to the public by cable or when the image of the work is used for commercial purposes.[2006 Art.21]

Stamps

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Public domain use {{PD-AB-exempt}}

See also

[edit]

Citations

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  1. WIPO Lex. WIPO. Retrieved on 2019-01-24.
  2. Circular 38a: International Copyright Relations 11. United States Copyright Office of the United States (2019). Retrieved on 2019-01-13.
  3. Law of the Republic of Abkhazia on Copyright and Related Rights. Abhazia. Retrieved on 2019-01-24.
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
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COM:Afghanistan

Afghanistan

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

Background

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Afghanistan came under loose British control in the late 19th century. After the Third Anglo-Afghan War in 1919 the country regained independence. Since then the country has suffered from coups, invasions and civil war.

Afghanistan has been a member of the World Trade Organization since 29 July 2016, the Berne Convention since 2 June 2018 and the WIPO Copyright treaty since 9 February 2021.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) as the main IP law enacted by the legislature of Afghanistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

The Taliban government since 2021 is unrecognized, but continues to enforce existing copyright law.[clarification needed]

Durations

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Under the 2008 Copyright Law, protection is as follows:

  • Works published or broadcast during the life cycle of the author shall be protected 50 calendar years after his/her death unless the author has decided differently.[2008 Article 16.1.1]
  • Joint works published or broadcast during the life cycle of the authors shall be protected for 50 years after the death of the last author.[2008 Article 16.1.2]
  • Works published or broadcast with metaphorical (pseudonym) names shall be protected for 50 years after the first year of the publication.[2008 Article 16.1.3]
  • Works not published during the life cycle of the author and in the case of the joint work, that have not been published during the life cycle of the last author, shall be protected for 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.4]
  • ­ Audiovisual works shall be protected for 50 years effective from the first year of the publication or broadcast.[2008 Article 16.1.5] If the work is not published or broadcast, it shall be protected for 50 years from fixation.[2008 Article 16.2]
  • Photography and painting works shall be protected 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.6]

Folklore

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Public Culture (National Folklore) is an expression which include characterized principles of traditional artistic heritage originated or developed by a group of people in the State which reflect their artistic heritage and include the following expressions: Oral expressions such as tales, popular poetry and riddles; Musical expressions: include popular songs accompanied by music or without music; Motion expressions, include popular Atans (national dance), plays and other special popular artistic and ritual forms; Identical expressions such as products or popular art such as drawings with lines and colors, engravings, statuary, pottery, needlework, woodwork, mosaic, metalwork, jewelry, knitting, carpet weaving and other textiles; Musical instruments; Different architectural works.[2008 Article 3.23]

National folklore shall be the public property of the State, the Ministry of Information and Culture, shall protect National Folklore by all legal means.[2008 Article 45]

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Freedom of panorama

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 Not OK. The 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) does not contain a freedom of panorama provision. None of the exceptions under Articles 39–44 contain a provision allowing free uses of images of architectural and artistic works that can be found in public spaces.

Article 39 permits reproductions of published works "for personal use only". Article 40 only allows noncommercial uses of extracts of works for teaching purposes. Article 42 is a close provision that allows "the press or other information media" to publish "works displayed openly to the public, provided that the name of the author is clearly indicated," but the types of works are restricted to "speeches, lectures, as well as legal proceedings or similar works," not architectural works or statuaries.

Threshold of originality

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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]

Stamps

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CopyrightedCopyright expires 50 years after first put in circulation.[2008 Article 16.1.6]. For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Afghanistan}}.

See also

[edit]

Citations

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  1. a b Afghanistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law). Afghanistan (2008). Retrieved on 2018-11-08.
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
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COM:Albania

Albania

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

Governing laws

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Albania became an independent country in 1912 after the defeat of the Ottoman empire in the Balkan Wars.

Albania has been a member of the Berne Convention since 6 March 1994, the World Trade Organization since 8 September 2000 and the WIPO Copyright Treaty since 6 August 2005.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights as the main copyright law enacted by the legislature of Albania.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law applies to works that had not yet entered the public domain under the terms of the 2016 law.[35/2016 Article 7]

Wikimedia Commons holds the texts of the 1992, 2000 and 2001 laws related to copyright.[3][4][5][6]

Durations

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Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights,

  • Except where otherwise provided in this article, work are protected during the author’s life and for for 70 years after his death.[35/2016 Article 41.1]
  • The property rights of a work of co-authorship are protected until the death of the last surviving author and for 70 years after his death.[35/2016 Article 41.3]
  • The property rights of co-authorship in a work of written music are protected running for 70 years of the death of the last surviving author, the author of the text, or the composer of the musical work, when their contribution has been specially created for the use of the musical work.[35/2016 Article 41.41]
  • Audiovisual works are protected for 70 years after the death of the co-authors.[35/2016 Article 41.5]
  • Anonymous or pseudonymous works where the author remains unknown are protected for 70 years from 1 January of year following the date the work is lawfully disclosed to the public. If the work is not lawfully disclosed to the public within 70 years from creation, copyright protection ceases to exist.[35/2016 Article 41.6]
  • Property rights in collections are protected for 70 years from the day of the lawful public disclosure of the work. Where the authors of works, contributions or other materials in a collection can be identified, the terms of paragraph 1 or 3 of this Article shall apply.[35/2016 Article 41.7]

The terms of protection are calculated from 1 January of the following year of the author’s death, or where appropriate, of the first legal public disclosure of the work.[35/2016 Article 41.2]

Not protected

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Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights, the following are not protected by copyright: a. ideas, theories, concepts, discoveries and inventions of creative work, regardless of the method of interpretation, justification or expression; b. discoveries, official texts in the domain of legislation, administrative and judiciary and other official works and their collections, disclosed for the purpose of officially informing the public; c. official state symbols, symbols of organizations and public authorities, such as: the arms, the seal, the flag, the emblem, the medallion, the hallmark, the medal; ç. means of payment; d. news of the day and other news, having the character of mere items of press information; dh. Simple data and facts.[35/2016 Article 12.1]

Folklore: not free

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See also: Commons:Paying public domain Folklore literary and artistic creations in their original form shall not be the subject matter of copyright, but their communication to the public is subject to the payment of remuneration, as with the communication to the public of protected copyright works. The remuneration shall be used to promote and stimulate non-profit cultural and artistic works in the respective artistic and cultural domain in accordance with the rules of distribution of remuneration of collective management agencies for copyrights and other related rights.[35/2016 Article 12.2]

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Currency

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OK {{PD-Albania-exempt}} Means of payment are not subject to copyright.[35/2016 Article 12.1ç]

Freedom of panorama

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OK See {{FoP-Albania}}.

Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights, Reproduction of works permanently found in public spaces: streets, squares, parks, rest areas and other open areas that are accessible to the public is allowed without the authorization and compensation from and towards the author or copyright holder. The works cannot be reproduced in three-dimensional form. With regard to reproduction of architectural structures, this applies only to the external appearance of the architectural structure. The source and authorship of such copies shall be indicated, when this is possible.[35/2016 Article 82]

Stamps

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Public domain use {{PD-Albania-exempt}}

The Albanian Government regulation on postal stamps considers stamps as means of payment (General Provisions, Article 2: "Postal stamp is used to pay for postal services .."). Means of payment are exempt from copyright, see Not protected section above.

See also

[edit]

Citations

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  1. a b Albania Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
  2. Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights[2], Albania, 2016
  3. Law 7564 on Copyright (9 April 1992)
  4. Law 8594 amendments on Copyright (6 April 2000)
  5. 8630 on copyright (3 July 2000)
  6. 8826 on copyright (19 May 1992)
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
Text transcluded from
COM:Algeria

Algeria

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

Background

[edit]

Algeria was a French colony from the mid-19th century until 1962, when it became an independent republic following the March 1962 Evian agreements.

Algeria has been a member of the Berne Convention since 19 April 1998 and the WIPO treaty since 31 January 2014, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights as the main copyright law.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Wayback Machine holds the French language version.[3]

The 2003 law repealed the Order No. 97-10 dated 27 Shawwal 1417 corresponding to March 6, 1997 related to Copyrights and Neighboring Rights, which in turn repealed the Order No. 73-14 of April 3, 1973 corresponding to copyright. Article 160 of the 1997 law and Article 161 of the 2003 (current) law specify non-retroactivity of the protection terms for works that already fell into public domain.

Durations

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Works published in Algeria before 1997 are subject to the 1973 copyright law: Ordonnance n° 73-14 du 3 avril 1973 relative au droit d'auteur (General rule: 25 year protection, see the chapter VII about duration).

Works published between 1997 and 2003 are subject to the 1997 copyright law: Ordonnance n° 10 du 6 mars 1997 relative aux droits d'auteur et aux droits voisins, non retroactive. (General rule: 50 year protection).

Works published from 2003 onwards, as well as those not in the public domain at the time the 2003 copyright law came into effect, are subject to the 2003 copyright law.

According to Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003,

  • Material rights are protected throughout the author's life, and for 50 years from the beginning of the Gregorian year following his death.[Law of 2003, Art.54]
  • For a joint work protection is for 50 years from the end of the Gregorian year following the death of the last surviving co-author.[Law of 2003, Art.55]
  • The protection period for a collective, pseudonymous, anonymous, posthumous or audiovisual work is 50 years from the end of the Gregorian year during which the work has been legally published for the first time. If the work has not been published within 50 years of its creation, the 50-year protection period is effective from the end of the Gregorian year during which it was publicly circulated. If the work has not been publicly circulated within 50 years from its creation, the 50-year protection period is effective from the end of the Gregorian year during which the work was created.[Law of 2003, Art.56–58, 60]
  • Pictorial and applied art works are protected for 50 years from creation.[Law of 2003, Art.59]

However, all photographs which were first published before January 1, 1987 are in the public domain, see {{PD-Algeria-photo-except}}.

Not protected

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  • Protection shall not include ideas, concepts, principles, approaches, techniques, working procedures and patterns associated with intellectual work creation themselves, except to the extent they are enlisted, structured or arranged in the protected work, and in the format expression independent of their description, interpretation or clarification.[Law of 2003, Art.7]
  • State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
  • Approved protection of copyrights provided for herein shall not be granted to administrative laws, regulations, resolutions and administrative contracts issued by the state institutions, local groups, justice rulings and the official translation of these texts.[Law of 2003, Art.11]

Traditional cultural heritage: non-free

[edit]

See also: Commons:Paying public domain

Under Algeria's 19 July 2003 Copyrights and Related Rights Act, works of traditional cultural heritage and national works considered as public property are granted special protection.[Law of 2003, Art.8] The National Bureau of Copyrights and Neighboring Rights protects these works.[Law of 2003, Art.139] Their use is subject to a license from the Bureau, and if the use is for profit a royalty is payable to the Bureau.[Law of 2003, Art.140]

[edit]

Currency

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 Not OK for the currency issued by the current Bank of Algeria. According to the Algerian 2003 copyright act,

  • State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]

The non-commercial restriction that makes both coins or banknotes incompatible with Commons licensing policy. This does not apply to the banknotes and coins issued by the Banque de l'Algérie, the banking authority during French rule (until 1958), because it was not an official body of the current Algerian state. Copyright status of this currency is currently undetermined.

Freedom of panorama

[edit]

OK {{FoP-Algeria}}

According to article 50 of the Algerian copyright law 2003, it shall be lawful to reproduce or to communicate to the public, without authorization of the author and without remuneration, a work of architecture or the fine arts, a work of applied arts or a photographic work that is permanently situated in a public place, with the exception of art galleries, museums and classified cultural or natural sites.[Law of 2003, Art.50]

The freedom of panorama clause was introduced in the 1997 copyright law of Algeria.[Law of 1997, Art.51] Prior that, a limited freedom of panorama right for use by cinematography and TV broadcasts existed in the 1973 copyright law of Algeria.[Law of 1973, Art.27]

See also

[edit]

Citations

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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
Text transcluded from
COM:Andorra

Andorra

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

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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

[edit]

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

[edit]
  • 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

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 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

[edit]

Citations

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  1. a b Andorra Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Law on Copyright and Neighboring Rights. Andorra (1999). Retrieved on 2018-11-11.
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
Text transcluded from
COM:Angola

Angola

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

Background

[edit]

Angola was a Portuguese colony until 1975. Angola has been a member of the World Trade Organization since 23 November 1996, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 4/90 of March 10, 1990, on Author's Rights as the main copyright law enacted by the legislature of Angola.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

In 2014, the Angolan National Assembly passed Law n.º 15/14, de 31 de julho - Lei dos Direitos de Autor e Direitos Conexos, which replaced the previous 1990 copyright law. The new law came into effect by Presidential Decree 125/17 on 12 June 2017.[3]

Duration

[edit]
  • Copyright in Angola lasts for the life of the author + 70 years.[15/2014 Art.72.1]
  • Anonymous and collaborative works are protected for 70 years after being published.[15/2014 Art.73.1]
  • Copyright for photographs and applied arts lasts for the life of the author + 45 years.[15/2014 Art.73.2]
  • Unpublished works get 15 years of additional protection.[15/2014 Art.76]
  • Copyright of anonymous works belongs to who publishes the work, at least until the original author is found.[15/2014 Art.9]

Types of protection

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  • Photographic works are protected when organized in such a way that transmits a journalistic, artistic or aesthetic message, showing originality on its creation.[15/2014 Art.10]
  • Architecture erected in Angola is protected, along with any works of art included in the buildings.[15/2014 Art.2] The author of a work of architecture, urbanism or design is the creator of its global conception, as well as the project.[15/2014 Art.15]
  • Traditional learning and use are treated the same as literary, artistic and scientific works.[15/2014 Art.2]
  • Works are protected by the mere fact of being created, no matter what may be its expression, and independently of its content, value, destiny and divulgation to the public.[15/2014 Art.2]

Currency

[edit]

 Not OK No exception for currency in the Angolan copyright law.

Freedom of panorama

[edit]

OK, use {{FoP-Angola}} when needed.

Article 51.º 1.c) of Lei n.º 15/14 de 31 de Julho (Angola Copyright Law) states that reproduction of works permanently on display at public locations is allowed without the author's authorization, given that the title and name of the author of the work are stated, and that their genuinity and integrity is respected.[15/2014 Art.51.1]

See also

[edit]

Citations

[edit]
  1. a b Angola Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 4/90 of March 10, 1990, on Author's Rights. Angola (1900). Retrieved on 2018-11-03.
    Law on Authors' Rights (No. 4/90 of March 10 1990) (in English) (1990). Retrieved on 2018-12-04.
  3. Lei n.º 15/14 de 31 de Julho (Angola Copyright Law).
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
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COM:Antigua and Barbuda

Antigua and Barbuda

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

Background

[edit]

Antigua was colonized by Britain in 1632, and Barbuda island was first colonized in 1678. Antigua and Barbuda joined the West Indies Federation in 1958, then became one of the West Indies Associated States in 1967. Antigua and Barbuda became independent of the United Kingdom on 1 November 1981.

Antigua and Barbuda has been a member of the Berne Convention since 17 March 2000 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the No. 22 of 2003 Copyright Act 2003 as the main copyright law enacted by the legislature of Antigua and Barbuda.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Durations

[edit]

Under the Copyright Act 2003,

  • Subject to this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of fifty years from the end of the calendar year in which the author dies.[22/2003 Section 10(1)]
  • Where the authorship of a work referred to in subsection (1) is unknown, copyright in that work expires at the end of the period of fifty years from the end of the calendar year in which the work was either made, was first made available to the public or first published whatever date is the latest.[22/2003 Section 10(2)]
  • With a work of joint authorship the reference in subsection (1) to the death of the author shall be construed as a reference to the death of the last of the known authors to die.[22/2003 Section 10(5)]
  • Copyright in a sound recording or film expires at the end of the period of fifty years from the end of the calendar year in which it was made or, where it is made available to the public or published before the end of the years from the end of the calendar year in which it is so made available or published whichever date is the latest.[22/2003 Section 11(1)]
  • Copyright in a broadcast or cable programme expires at the end of the period of fifty years from the end of the calendar year in which the broadcast was made or the programme cable included in a cable programme service.[22/2003 Section 12(1)]

De minimis

[edit]

Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.[22/2003 Section 55(a)]

Freedom of panorama

[edit]

OK - for buildings, sculptures and works of artistic craftsmanship.

With buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, the copyright in such work is not infringed by making graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[22/2003 Section 74(2)] The copyright of such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[22/2003 Section 74(3)]

Stamps

[edit]

Copyrighted Public domain for the stamps published before 1 January 1974 (older than 50 years) if the work is anonymous. See {{PD-Antigua and Barbuda}}.

See also

[edit]

Citations

[edit]
  1. a b Antigua and Barbuda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act 2003. Antigua and Barbuda (2003). Retrieved on 2018-11-04.
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
Text transcluded from
COM:Argentina

Argentina

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

Background

[edit]

Argentina has been an independent state since the early 19th century.

Argentina has been a member of the Universal Copyright Convention since 13 February 1958, the Berne Convention since 10 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009) as the main copyright law enacted by the legislature of Argentina.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

According to Law No. 11.723 as amended up to Law No. 26.570 of November 25, 2009,

  • Ownership of intellectual works shall fall to the authors thereof during their lifetime, and to their heirs or legal successors for 70 years starting from January 1 of the year following the author's death.[11.723/2009 Article 5]
  • With works of collaboration, this term shall begin from January 1 of the year following the death of the last collaborating party.[11.723/2009 Article 5]
  • For posthumous works, the 70-year term shall begin from January 1 of the year following the death of the author.[11.723/2009 Article 5]
  • Ownership of intellectual performances fixed on phonograms shall fall to the performers for the period of 70 years starting from January 1 of the year following publication.[11.723/2009 Article 5bis]
  • The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works.[11.723/2009 Article 8]
  • For photographic works, the duration of the right of ownership shall be 20 years from the date of first publication.[11.723/2009 Article 34]
    • The Berne convention also requires protection for at least 25 years from creation of artistic photographs and works of applied art.[11.723/2009 Article 7(4)]
  • For cinematographic works, the right of ownership shall be 50 years from the death of the last of the collaborators listed in Article 20 of this Law.[11.723/2009 Article 34]

Historical changes in durations

[edit]
  • The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a.
  • In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957.
  • In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).
  • For photographic works the duration of copyright is twenty years from the date of the first publication (article 34 of last version of 11723 law, updated (August 13, 1998) by law 24249 art 1).[3]
[edit]

Currency

[edit]

 Not OK. There is no exception for currency in the Argentine copyright law.

Freedom of panorama

[edit]

Argentina has no "freedom of panorama" provision in its copyright law. At least some think there is de facto freedom of panorama in Argentina regarding buildings:

  • It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
  • Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)[4]

In accordance with this discussion from July 2010, this de facto freedom of panorama for architecture in Argentina is acceptable on Wikimedia Commons:

  • OK for buildings {{FoP-Argentina}}
  •  Not OK for sculpture and other works

As recent as 2022, this de facto freedom of panorama for Argentine architecture is brought to some skepticism, see these relevant discussions from December 2022 and from September 2023.

Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for Law No. 11.723, one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).

Stamps

[edit]

Copyrighted The basic copyright law of Argentina is Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009). There is no mention of stamps or official works in the law, but Article 8 (as translated) says that "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution and not a natural person so assume that where a stamp is anonymous, it is out of copyright after 50 years. Use {{PD-AR-Anonymous}} where applicable. If the designer of the stamp is shown, the stamp will remain in copyright for seventy years after death.

Threshold of originality

[edit]

The creations are subject to a threshold of originality that distinguishes them from others by giving their personal imprint.[5]

See also

[edit]

Citations

[edit]
  1. a b Argentina Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009). Argentina (2009). Retrieved on 2018-11-08.
  3. Art. 34 Law 11723 del September 28, 1933, as modified by Ley 24870 Septiembre 11, 1997, as amended by Law 25006 B.O. 13/8/1998.
  4. Emery, Miguel Angel (1999) Propiedad Intelectual (4th ed.), Astrea Editors, p. 40
  5. Cerlalc (25 July 2007). La obra. Originalidad. Marco conceptual Existencia del derecho (in Spanish). Retrieved on 2021-10-22.
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
Text transcluded from
COM:Armenia

Armenia

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

Background

[edit]

By the 19th century Armenia was divided between the Russian and Ottoman empires. The first Republic of Armenia was formed in 1918, and in 1920 became part of the Transcaucasian state, which in 1922 joined the Soviet Union. In 1936 Armenia became a separate republic within the USSR. Armenia regained independence in 1991 when the Soviet Union was dissolved.

Armenia has been a member of the Berne Convention since 19 October 2000, the World Trade Organization since 5 February 2003 and the WIPO treaty since 6 March 2005.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of the Republic of Armenia of June 15, 2006, on Copyright and Related Rights (as amended on September 30, 2013) as the main IP law enacted by the legislature of Armenia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] Wikisource holds the original text as of 2006.[3] The Armenian government provides slightly more recent Armenian and Russian versions.[4]

The 2006 law repealed the Law of the Republic of Armenia of December 8, 1999, on Copyright and Neighboring Rights. WIPO also holds the text of this law.[5]

General rules

[edit]

According to the Copyright law of 1999, the duration of copyright was 50 years after the death of the author and 50 years after publication for anonymous work.[1999 Article 26]

Under the 2006 Law on Copyright and Related Rights (as amended on September 30, 2013) durations were prolonged to 70 years after death or publication.[2013 Article 37] The new law restored copyright to works whose protection had expired under the previous law but which qualified for protection under the new law.[2013 Article 72] Under the 2013 version of the law,

  • The property rights of the author are valid throughout the life of the author and continue to operate 70 years after his death.[2013 Article 37.1]
  • Property rights to a work created in co-authorship are valid throughout the life of the co-authors and continue to operate 70 years after the death of the last of the co-authors.[2013 Article 37.2]
  • In the case of works under a pseudonym or anonymous works, the author’s property rights arise from the moment when the work becomes lawfully accessible to the public and is in effect for 70 years.[2013 Article 37.3]
  • The term of validity of property rights to a collective work arise from the moment when the work becomes lawfully accessible to the public and is in effect for 70 years.[2013 Article 37.4]
  • Property rights to audiovisual works are 70 years after the death of the last of the co-authors (director, scriptwriter, author of the dialogue, author of music written specifically for this work, cameraman).[2013 Article 37.6]
  • The dates established by this article shall be calculated from the first of January of the year following the corresponding specified event.[2013 Article 37.8]

Not protected

[edit]
  • The following works not subject to copyright: a) works of folklore and folk art; b) information about the news of the day or current events and facts; c) official documents - legal acts, contracts and their official translations; d) state symbols and signs (flags, emblems, orders, bank notes and so on); e) political speeches, speeches made during the trial; f) results obtained by technical means without human creative activity.[2013 Article 4.1]
  • Copyright does not apply to scientific discoveries, ideas, principles, methods, procedures, concepts, systems, processes, scientific theories, mathematical formulas, statistical diagrams, rules of the game, even if they are expressed, described, disclosed, covered in works.[2013 Article 4.2]
[edit]
  • {{PD-Armenia}} – for anonymous works or pseudonymous works 70 years after creation, other works 70 years after the death of the (last-surviving) author, "expressions of traditional folklore and art" or "political speeches, speeches delivered in the court," or "official documents, legal acts, treaties and the official translations thereof, state emblems and signs (flags, coats of arms, medals, monetary signs)."
  • {{PD-AM-exempt}} – for works of folklore; communications on daily news or on current events that are press information; official documents (laws, decisions, decrees, etc.) as well as their official translations; state emblems and signs (flags, coats of arm (armorial bearings), medals (decorations), monetary signs, etc.); results obtained by technical means without the intervention of human creative activity.
  • {{President.am}} - for works from president.am

Currency

[edit]

OK Armenian currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by the 2013 version of the copyright law of Armenia.[2013 Article 4.1(d)]

Please use {{PD-AM-exempt}} for Armenian currency images.

Freedom of panorama

[edit]
  • OK for sculptures: {{FoP-Armenia}}
  • OK for buildings and models of buildings: {{FoP-Armenia}}
  • OK for other art works (paintings, graphics, design and other works of fine arts, works of applied decorative art and stage graphics. maps, plans, sketches and plastic works related to geography, topography, geology, urban planning, architecture and other sciences.{{FoP-Armenia}}

The version of the copyright law provided by WIPO states, "It is allowed to reproduce, broadcast for non-commercial purposes an architectural, photographic or fine art work located in places open to the public without the consent of the author and the payment of author's remuneration".[2013 Article 25(d)] However, an amendment effective late April 2013 removed the restriction on commercial use, and says, "Works which are located on streets, parks, squares and other places open for attendance can be reproduced and broadcasted, and reproduced copies can be distributed, including through internet, without permission of the author and without payment to the author, in any tangible medium and by any means and in any form".[2013 Article 25(d) amended].

Stamps

[edit]

Public domain use {{PD-AM-exempt}}.

Stamps appear to qualify as "state symbols and signs", which are not subject to copyright under the 2013 version of the copyright law [2013 Article 4.1(d)]. The Law HO-46-N of December 14, 2004 On Postal Communication, amended in 2023, states that postal stamps are "state postal payment symbols".[6]

See also

[edit]

Citations

[edit]
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
Text transcluded from
COM:Aruba

Aruba

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

Background

[edit]

Aruba is an island and a constituent country of the Kingdom of the Netherlands in the southern Caribbean Sea. Aruba was administered as a colony of the Netherlands until May 1948, when the Netherlands Antilles was granted considerable autonomy. The Netherlands Antilles, which included Aruba, Curaçao, Bonaire, Sint Eustatius, Sint Maarten and Saba, became an equal partner to the Netherlands in the Kingdom of the Netherlands on 15 December 1954. On 1 January 1986 Aruba seceded from the Netherlands Antilles and became a country of the Kingdom of the Netherlands. The other countries that form the Kingdom of the Netherlands are the Netherlands, Curaçao, and Sint Maarten. The citizens of these countries are all Dutch nationals.

Standard rules

[edit]

The relevant law is the Landsbesluit van 23 oktober 2003 no. 9. The text is available on Wikisource at s:nl:Auteursverordening (Aruba). The Aruba Bureau of Intellectual Property gives an overview as of 2007.[1] The law is retroactive.[2003 Article 44]

  • Copyright lasts for the life of the author plus 50 years, expiring at the end of the calendar year.[2003 Article 38]
  • For joint works, copyright lasts for 50 years after the death of the last surviving author.[2003 Article 38]
  • For anonymous works, copyright lasts until 50 years after the year in which it was first publicly disclosed.[2003 Article 39]
  • Copyright lasts until 50 years after the year in which it was first publicly disclosed for posthumous works, works by public entities and companies.[2003 Article 39]
  • Copyright of motion pictures and photographic works last until 50 years after the year in which it was first publicly disclosed.[2003 Article 41]

Not protected

[edit]

No copyright protection is granted on:

  • Laws, decrees and regulations issued by the public authorities.[2003 Article 11]
  • Court-sentences and/or administrative rulings.[2003 Article 11]
  • Any other work published by the public authorities, except in those events of reserved rights, be it in general by laws, decrees, or regulations, or in a specific case showed by a statement on the work itself or at its publication.[2003 Article 11]

Currency

[edit]

 Not OK The copyright on Aruban banknotes is owned by the Central Bank of Aruba.[2]

Freedom of panorama

[edit]

OK There is no infringement of copyright in copies of a work that is permanently displayed in public where the size of the copy and the way in which it is made are clearly different from the original work, and in the case of buildings is limited to the exterior.[2003 Article 18]

See also

[edit]

Citations

[edit]
  1. Bureau of Intellectual Property, Aruba (25 April 2007) Copyrights Answers[3]
  2. Banknotes and Coins. Centrale Bank van Aruba (2018). Retrieved on 2018-12-03.
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
Text transcluded from
COM:Australia

Australia

This page provides an overview of copyright rules of Australia relevant to uploading works into Wikimedia Commons. Since the Wikimedia Foundation's servers are located in the United States, any work originating in Australia must be in the public domain, or available under a free licence, in both Australia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work created in Australia, refer to the relevant laws and to Australian Government copyright policy guidance.

Governing laws

[edit]

Australia has been a member of the Berne Convention since 14 April 1928, the World Trade Organization since 1 January 1995, and the WIPO Copyright Treaty since 26 July 2007.[1] As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1968 (Cth) (consolidated as of 22 December 2017) as the main intellectual property law enacted by the federal legislature of Australia.[1] WIPO holds in their WIPO Lex database the text of this law[2] and the text of the individual acts that have modified the 1968 act.[1]

Non-government works

[edit]

The Copyright Act 1968 was amended as of 1 January 2005 and further amended in February 2008. Prior to these amendments the time limit was 50 years. The amendments were not retroactive; copyrights that had expired were not revived.

The act (consolidated as of 22 December 2017) has the following provisions:

  • Australian copyright is applied to works published first in Australia or whose original author is/was an Australian citizen, Australian resident or person under protection of the Australian government.
  • Subject to this section, copyright that subsists in a literary, dramatic, musical or artistic work by virtue of this Part continues to subsist until the end of 70 years after the end of the calendar year in which the author of the work died.[1968–2017 Sec.33(2)]
  • For posthumous works, copyright subsists until the end of 70 years after the end of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.[1968–2017 Sec.33(3)]
  • For anonymous or pseudonymous works, the copyright expires 70 years after the first publication of the work.[1968–2017 Sec.34]

As a consequence, the following apply:

  • All published works whose author died before 1 January 1955 are in the public domain.
  • Moreover, since works that went out of copyright before the change of the law in 2005 did not regain copyright, all published works whose author died before 1 January 1955 are in the public domain, since they went out of copyright before the new law came into effect. Copyright is lost at the start of the next year; therefore, works of authors who died in 1955 will not be out of copyright until 2026.
  • All anonymous or pseudonymous works published before 1 January 1955 are in the public domain.
  • Unpublished works are not in the public domain.
  • Photographs (published or unpublished) taken before 1 January 1955 are in the public domain.

Government works

[edit]

Under the Copyright Act 1968 (consolidated as of 22 December 2017):

  • The Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.[1968–2017 Sec.176(2)]
  • Copyright in a literary, dramatic or musical work of which the Commonwealth or a State is the owner ... (a) where the work is unpublished—continues to subsist so long as the work remains unpublished; and (b) where the work is published—subsists, or, if copyright in the work subsisted immediately before its first publication, continues to subsist, until the expiration of 50 years after the expiration of the calendar year in which the work was first published.[1968–2017 Sec.180(1)]

  • {{PD-Australia}} – for Australian photographs published 70 years after the death of the creator, or photographs taken prior to 1955
  • {{PD-Australia-currency}} – for coins designed before 1 May 1969
  • {{PD-AustraliaGov}} – for government works whose copyright has expired.
  • {{DFAT}} - for works from the Department of Foreign Affairs and Trade

Currency

 Not OK for coins or banknotes designed on or after 1 May 1969.
OK for coins or banknotes designed before 1 May 1969, but under the following conditions: Derivative works of images of banknotes are expressly forbidden. Low resolution images of banknotes are allowed for editorial or educational purposes, as long as only one side of a bank note is featured. See website for details of exact size requirements for images.

Designs from prior to 1 May 1969 are in the public domain, and should use the tag {{PD-Australia-currency}}.

Freedom of panorama

[edit]

Freedom of Panorama is dealt with in the Australian Copyright Act, sections 65–68, and is based on the laws of the United Kingdom.

"Artistic work" is defined under section 10 of the Copyright Act 1968 as:

(a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;
(b) a building or a model of a building, whether the building or model is of artistic quality or not; or
(c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b);

The main concern stems from what is a work of "artistic craftmanship", which the statutory law does not clearly define, but was defined in case law under Burge v Swarbrick [3] The High Court ruled that whether a work has that quality depends on whether it is a work of craftsmanship the artistic form of expression of which is sufficiently "unconstrained by functional considerations".

In the Australian Federal Law Review, Justine Pila wrote an article in light of of the High Court ruling in Burgess that:

"I suggest the requirement for artistic quality is simply a requirement for a [work of artistic craftmanship] 'not imaginary, unreal or apparent only' ... As those cases reflect, even conceived in historical terms, WACs are not exceptional works but rather paradigmatic works, contrary to the orthodox view above. The fact that they are functional too does not lessen their need for artistic quality".[4]

Furthermore, she stated that:

"what constitutes a work of artistic craftsmanship is the same as what constitutes other works — their properties of form and the history of their individual production." [4]

Several users claim that this implies two-dimensional flat arts like paintings and street art are considered as "works of artistic craftsmanship" in Australia, but others doubt about this interpretation and it has not been completely accepted by Wikimedia Commons community. Moreover, according to an information sheet of the Australian Copyright Council concerning street art (dated November 2019), the exception provided by Section 65 "applies only to sculptures and works of artistic craftsmanship, not to other artistic works such as murals and graffiti. Therefore, the copyright in a mural or graffiti may be infringed by taking a photograph of it." It adds that licensing permission from the copyright holder is needed, for uses of Australian street art "to feature on a website; to photograph, particularly for commercial purposes (e.g. to sell as postcards or prints); to use as the location of a film shoot; or to publish in a book or magazine."[5]

In order to ensure compliance, two-dimensional artistic works in Australia should not be uploaded to Commons.

Stamps

[edit]

Australia Post claims copyright ownership of Australian stamps for 50 years from publication (http://www.caslon.com.au/ipguide24.htm). Stamps published before 1 January 1974 can be tagged with {{PD-Australia}}.

Threshold of originality

 Not OK for most logos. The level of originality required for copyright protection in Australia is very low. Images showing the en:Australian Aboriginal Flag were consistently deleted from Commons as an Australian court has ruled that the flag is copyrighted.[6] See the discussions in Category:Australian Aboriginal flag related deletion requests.

See also

[edit]

Citations

[edit]
  1. a b c Australia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act 1968 (consolidated as of December 22, 2017). Australia (2017). Retrieved on 2018-11-04.
  3. (2007) 232 CLR 336 ('Burge')
  4. a b Pila, Justine (2008). "Works of Artistic Craftsmanship in the High Court of Australia: the exception as paradigm copyright Work". Federal Law Review 36 (3): 363–379. DOI:10.22145/flr.36.3.4. ISSN 0067205X.
  5. Street Art & Copyright. Australian Copyright Council.
  6. Harold Joseph Thomas v David George Brown & James Morrison Vallely Tennant [1997] FCA 215. Federal Court of Australia (9 April 1997).
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
Text transcluded from
COM:Austria

Austria

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

Governing laws

[edit]

Austria has been a member of the Berne Convention since 1 October 1920, the WIPO treaty since 14 March 2010 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Federal Law on Copyright in Literary and Artistic Works and Related Rights (Copyright Law 1936, as amended up to Federal Law published in the Federal Law Gazette I No. 63/2018 (BGBI.I No. 63/2018)) as the main IP law enacted by the legislature of Austria.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Durations

[edit]

Under the Federal Law on Copyright 1936 as amended up to 2018,

  • Copyright in individual work of literature, music and the visual arts ends 70 years after the author's death.[1936-2018 Art.60]
  • If the work is jointly created, copyright ends 70 years after the death of the last surviving author.[1936-2018 Art.60]
  • Copyright in anonymous or pseudonymous works end 70 years after creation or publication if published within 70 years.[1936-2018 Art 61]
  • Copyright in cinematographic works lasts 70 years after death of the last survivor of the principal director, the scriptwriter and the composer of music especially for the work.[1936-2018 Art.62]

Calculation of durations does not count the calendar year of the event used to calculate the duration.[1936-2018 Art.64]

Photographs

[edit]

In Austria pursuant to the provisions of Article 74(6) of Federal Law BGBI No. 111 of 1936 in the Version of 2003-07-01:

  • A simple photograph ("Lichtbild"), such as simple passport photos from Photo booths, photos from satellites, pictures from radiography, is no longer protected if it was either published more than 50 years ago or it was taken more than 50 years ago and never published within 50 years of its creation.
  • Photographs that involve artistic interpretations, such as studio shots and those that involve lighting and poses, qualify as photographic works ("Lichtbildwerke") or "works of literature, music and art".[1936-2018 Art.60][3]With these, protection lasts for 70 years after the author's death. (see this discussion).

In order to be acceptable on Commons, works must be in the public domain in the United States as well as in their source country. Austrian works are currently in the public domain in the United States if their copyright had expired in Austria on the U.S. date of restoration (January 1, 1996). However, some works might have a subsisting U.S. copyright resulting from the long-standing copyright relations between Austria and the United States.

  • For unpublished simple photographs, copyright has expired in Austria if it was created more than 50 years ago and was never published within 50 years of creation. Copyright has expired in the United States if created prior to 1946 and never published within 50 years of creation.
  • For published simple photographs, copyright has expired in Austria if published more than 50 years ago. Copyright has expired in the United States if published prior to 1946.
  • For all other photographs and artworks, copyright has expired in Austria if the author died more than 70 years ago and it was published. Copyright has expired in the United States if it was published prior to 1932.

Not protected

[edit]

Under the Federal Law on Copyright 1936 as amended up to 2018,

  • Laws, regulations, official decrees, official notices and decisions and official works as defined in §2Z items 1 or 3, solely or mainly produced for official use. shall not enjoy copyright protection.[1936-2018 Art.7(1)]
[edit]
  • {{PD-AustrianGov}} – for parts of laws, ordinances or official decrees issued by an Austrian federal or state authority and for works of those authorities intended predominantly for official use.
  • {{PD-StVZVO}} – for road signs published in ordinances or other regulations.

Currency

[edit]

 Not OK

  • It is the (apparently unanimous) view in treatises and law review articles on Austrian copyright law that bank notes and coins do not constitute official works under s 7 of the Austrian Copyright Act and are therefore not freely usable.[4]

Freedom of panorama

[edit]

Generally OK, use tag {{FoP-Austria}}

Article 54 of Austrian copyright law says it is allowed to reproduce, distribute, and publish architectural works of an actual building or other works of visual arts which were created to permanently remain at a public place.[1936-2018 Art.54(5)]

Architectural works may generally be reproduced, including all permanent buildings and other structures as a whole, building parts such as walls, pillars, windows (including church windows), doors, and stairs, a complete view of the interior design. This includes photographs taken in streets and public places, private grounds and the interior of buildings. However, single pieces of furniture or artworks may not be freely reproduced.

For other types of work, uploading a photograph to Wikimedia Commons is only covered by Austrian Freedom of Panorama if the picture meets the law's criteria regarding type of depicted work, place of photograph and permanence. The rules are:

Type of work
  • ✓[OK] two-dimensional works of visual arts (paintings, frescos, sgraffiti…)
  • ✓[OK] three-dimensional works of visual arts (sculptures)
  • ✘ works of literature (texts)
  • ✘ acoustic works (music, speech, bells, signal sounds…)
Place of photograph
  • ✓[OK] streets and public places
  • ✘ private ground
  • ✘ interiors of buildings, including churches, museums, and theatres (except for works, which themselves are components of the structure, including windows in churches and such)
permanence
  • ✓[OK] works created to remain permanently at a public place, for example memorials
  • ✘ works placed at a public place only temporarily
  • ✘ stage designs of open air theaters
  • ✘ advertisements including election posters

Even if criteria for Freedom of Panorama are not met, it might be possible to upload a picture of the work to Commons, for example if the work does not meet threshold of originality, or if the copyright has expired. In such a case, the matching public domain tag is used instead of {{FoP-Austria}}.

Stamps

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The Austrian postal service (Österreichische Post) has limited copyright for all stamps and the displayed images. The stamps can be used for sale, manufacture and advertising. For all other imaging requests (such as printing works, books or encyclopedias) the respective postage stamp designer needs to be contacted, since it is not advertising. For each stamp a release must be obtained individually. The contact addresses of the designers are subject to data privacy. See de:Wikipedia:Briefmarken#.C3.96sterreichische_Post. Therefore the general copyright term applies (pma + 70).

Threshold of originality

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Austria has a low threshold of originality despite being a civil law country. See the archived discussion on the German Wikipedia.

These logos are  Not OK:

De minimis

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De minimis (Unwesentliches Beiwerk) is permissible under § 42e of the Federal Law on Copyright in Literary and Artistic Works and Related Rights.[1936-2018 Art.42e]

See also

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Citations

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  1. a b Austria Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
  2. Federal Law on Copyright in Literary and Artistic Works and Related Rights (Copyright Law 1936, as amended up to Federal Law published in the Federal Law Gazette I No. 63/2018 (BGBI.I No. 63/2018)). Austria (2018). Retrieved on 2018-11-11.
  3. Eurobike: OGH, Beschluss vom 12.9.2001, 4 Ob 179/01d.
  4. See MM Walter, "Anmerkung zu OGH 22.11.1994, 4 Ob 1105/94 – 'Bundeshymne'" (1995) 13 Medien und Recht international 186 ("Es kann mE aber nicht fraglich sein, daß ein Werk durch eine solche Veröffentlichung oder Aufnahme in ein amtliches Werk nicht seinen urheberrechtlichen Schutz verliert […] Dies gilt insbesondere für Briefmarken, Münzen oder Banknoten; sie werden durch die Veröffentlichung in Amtsblättern (Bundesgesetzblatt, Verordnungsblatt etc), in denen ihre Herausgabe (mit Verordnung) angeordnet wird, nicht zu amtlichen Werken."); MM Walter, Österreichisches Urheberrecht (Medien und Recht 2008) 311 ("Was schließlich die (grafische) Gestaltung von Münzen und Banknoten anlangt, können diese urheberrechtlich geschützt sein. Auch sie sind schon deshalb keine amtlichen Werke, weil sie nicht ausschließlich oder vorwiegend zum amtlichen Gebrauch bestimmt sind. Davon abgesehen handelt es sich auch nicht um Sprachwerke und in der Regel auch nicht um Werke wissenschaftlicher oder belehrender Art im Sinn des § 2 Z 3 UrhG."); M Ciresa, "§ 7" in M Ciresa (ed), Österreichisches Urheberrecht (Orac R 19 2017) para 8 ("Lehr- und Prüfungsmaterialien von Universitäten und Hochschulen sind ebenfalls keine amtlichen Werke […] Dies gilt auch für die grafische Gestaltung von Münzen und Banknoten"); M Röttinger, "Das Urheberrecht an den Euro-Münzen und Euro-Banknoten" (2000) 11 ecolex 654, 655 ("Aufgrund der klaren und engen Formulierung von § 7 öUrhG stellt sich gar nicht ernsthaft die Frage, ob es sich bei Münzen bzw Münzbildern um freie Werke ('amtliche Werke') handelt.").
  5. Bauer logo.
  6. Oberster Gerichtshof statement.
  7. Zimmermann Fitness logo.
  8. Oberster Gerichtshof statement.
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
Text transcluded from
COM:Azerbaijan

Azerbaijan

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

Background

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The region that today is Azerbaijan was ceded by Iran to Russia in the 19th century, then became the Azerbaijan Democratic Republic in 1918, and the Azerbaijan SSR, part of the Soviet Union, in 1920. During the dissolution of the Soviet Union, Azerbaijan became independent on 18 October 1991.

Azerbaijan has been a member of the Berne Convention since 4 June 1999 and the WIPO treaty since 11 April 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights of October 22, 1996 (as amended up to Law No. 636-IVQD of April 30, 2013) as the main copyright law enacted by the legislature of Azerbaijan.[1] WIPO holds the text of this law in their WIPO Lex database.[2] WIPO also holds the text of Law on Legal Protection of Azerbaijani Folklore Expressions of August 8, 2003 (as amended up to Law No. 638-IVQD of April 30, 2013).[3]

General rules

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According to the Copyright law of 1996 as amended up to Law No. 636-IVQD of April 30, 2013,

  • Copyright to a work remains in the force through the author's lifetime and for 70 years after his death, except for the cases stipulated in Article 26 of this Law.[636-IVQD/2013 Article 25.1]
  • With works published anonymously or under a pseudonym, the duration of copyright terminates 70 years after lawful publication.[636-IVQD/2013 Article 26.1]
  • Copyright to works created in co-authorship remains in effect through the co-authors' lifetimes and for 70 years after the death of the last co-author.[636-IVQD/2013 Article 26.2]
  • Copyright to a work that was first published within 30 years after the author's death remains in effect for 70 years after the date of lawful publication.[636-IVQD/2013 Article 26.3]
  • The rights to collective works remain in effect for 70 years after the publication of such works, if they are not published after creation.[636-IVQD/2013 Article 26.4]
  • The term of protection is calculated from beginning of the year following the year in which the protection term of the legal fact occurs.[636-IVQD/2013 Article 25.2]
  • Duration of protection determined by this Law shall be applied to all works of which term of protection has not expired until this Law enters into force.[636-IVQD/2013 Article 25.3]

Not protected

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The following items are not objects of copyright:

  • Official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and their official translations;
  • State emblems and official signs (flags, arms, anthems, orders, monetary signs and other State symbols and official signs);
  • Folk creativity (folklore) expressions;
  • News of day, data about various events and the facts of information character.[636-IVQD/2013 Article 7]

Collective works

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The natural persons and legal entities publishing encyclopaedias, encyclopaedic dictionaries, periodic collections, and collections of scientific works, newspapers, magazines and other periodicals shall hold the exclusive rights to use such publications in their entirety. The authors of the works incorporated in such publications shall preserve the exclusive rights to use their works irrespective of the entire publication, unless otherwise stipulated by an author's contract.[636-IVQD/2013 Article 10.2]

Folklore: not free

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See also: Commons:Paying public domain

Folklore expressions are protected by the Law of the Republic of Azerbaijan on Legal Protection of Azerbaijani Folklore Expressions (as amended up to Law No. 638-IVQD of April 30, 2013).

Azerbaijan folklore expressions shall mean word art works, folk music, games and dances, works of folk handicraft and applied arts (existing and not existing in a material form) created in a verbal form as well as other products of folk creative work created and protected by Azerbaijani people, its individuals and reflecting traditional artistic values, world view, hopes and wishes, characteristic features of artistic heritage of Azerbaijani people.[638-IVQD/2013 Article 1.0.1] Legal and natural persons of other states shall be entitled to use folklore expression outside the territory of the Republic of Azerbaijan in commercial purpose only with authorization of relevant executive body and with payment of fee for use. That fee shall be transferred to the account of relevant executive body and used for promotion of intellectual creativity, also safeguarding and enrichment of folklore expressions.[638-IVQD/2013 Article 6.3]

[edit]
  • {{PD-AZ-exempt}} – for official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof; State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs); works of folklore, which have no signs of Article 5 of this law; communications concerning events and facts that have informational character.
  • {{President.az}} – The permission letter from the Press Secretary for the President of Azerbaijan is available here:
The are no restrictions on the full or partial use of textual, photographic, video and audio material featured on the official website of the President of the Republic of Azerbaijan by the media outlets, internet resources and information carriers. This also applies to television channels, radio stations, newspapers, magazines, scientific publications and encyclopedias (including online encyclopedias).

All materials on the website are available under Creative Commons Attribution 4.0 International license.

Currency

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OK Monetary signs, together with other state symbols, are explicitly excluded from copyright by the 2013 Copyright law of Azerbaijan.[636-IVQD/2013 Article 7]

Please use {{PD-AZ-exempt}} for Azerbaijan currency images.

Freedom of panorama

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 Not OK, non-commercial only: {{NoFoP-Azerbaijan}} According to the Copyright law of 1996 as amended up to Law No. 636-IVQD of April 30, 2013,

  • The following shall be permitted without the consent of the author ... to reproduce, in order to present current events by means of photography or cinematography, broadcasting, cablecasting or other public communication of works seen or heard in the course of such events to the extent justified by the informational purpose.[636-IVQD/2013 Article 19.4]
  • The reproduction, or public communication of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author's or other copyright owner’s consent and without paying author’s remuneration, except where the presentation of the work constitutes the main feature of the said reproduction, or public communication, if it is used for commercial purposes.[636-IVQD/2013 Article 20]

Per Commons:Licensing, noncommercial licensing is not allowed on Wikimedia Commons, hence "not OK".

Stamps

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Public domain use {{PD-AZ-exempt}}

An exception is File:1995 John Lennon..jpg.

See also

[edit]

Citations

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  1. a b Azerbaijan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright and Related Rights (as amended up to Law No. 636-IVQD of April 30, 2013). Azerbaijan (2013). Retrieved on 2018-11-08.
  3. Law on Legal Protection of Azerbaijani Folklore Expressions (as amended up to Law No. 638-IVQD of April 30, 2013). Azerbaijan (2013). Retrieved on 2018-12-16.
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
Copyright rules by territory

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