Commons:Copyright rules by territory/Consolidated list B

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:Bahamas

The Bahamas

Copyright rules: the Bahamas Shortcut: COM:Bahamas
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
ISO 3166-1 alpha-3	BHS
Treaties
Berne convention	10 July 1973
Univ. Copyright Convention	13 July 1976
URAA restoration date‌*	1 January 1996
*‌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 the Bahamas relevant to uploading works into Wikimedia Commons. Note that any work originating in the Bahamas must be in the public domain, or available under a free license, in both the Bahamas 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 Bahamas, refer to the relevant laws for clarification.

Background

The Bahamas became a British crown colony in 1718. The country became an independent Commonwealth realm in 1973,

The Bahamas has been a member of the Berne Convention since 10 July 1973 and the Universal Copyright Convention since 13 July 1976.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1998 (CH.323) (as amended by the Copyright (Amendment) Act, Act No. 2 of 2004) as the main copyright law enacted by the legislature of the Bahamas. WIPO holds the text of this law in their WIPO Lex database. A more recent version with revisions up to 2010 is held on the Bahamas Laws On-Line database managed by the Office of the Attorney-General & Ministry of Legal Affairs.

General rules

According to the 2010 version of Statute Law of The Bahamas - Chapter 323 the duration of copyright is:

• Individual works: 70 years from the end of the calendar year in which the author dies.^{[Cap 323/2010 Sec.10 (1)]}
• Joint works: 70 years from the end of the calendar year in which the last surviving author dies.^{[Cap 323/2010 Sec.10 (5)]}
• If a work is anonymous, pseudonymous or made for hire, copyright in that work expires at the end of the period of 70 years from the year of its first publication or a term of one hundred years from the year of its creation, whichever expires first.^{[Cap 323/2010 Sec.10 (2)]}

There is copyright protection for every work which is eligible for copyright and which is made by or under the direction or control of the Government.^{[Cap 323/2010 Sec.8]}

Currency

 Not OK. Images of banknotes and coins denominated in Bahamian dollars are subject to copyright protection and are property of the Central Bank of The Bahamas. They cannot be reproduced or published without the expressed consent of the Central Bank of The Bahamas.

Freedom of panorama

OK. The Bahamas has freedom of panorama for architecture, and 2D and 3D artistic works on display in places or premises open to the public. According to the 2010 version of Statute Law of The Bahamas - Chapter 323,

• The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work, if the building in which the work is embodied is located in or is ordinarily visible from a public place.^{[Cap 323/2010 Sec.78 (1)]}
• The copyright in an artistic work does not include the right to prevent the making, distributing or public display of pictures, paintings, photographs or other pictorial representations of the work if the work is located in or ordinarily visible from a public place.^{[Cap 323/2010 Sec.79 (1)]} This section applies to (a) buildings; (b) sculptures, models of buildings and artistic works, if permanently situated in a public place or in premises open to the public. ^{[Cap 323/2010 Sec.78 (2)]}
• In this Act... “artistic works” include two-dimensional and three dimensional work of fine, graphic and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, architectural plans and technical drawings;"^{[Cap 323/2010 Sec.2 (1)]}

Citations

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:Bahrain

Bahrain

Copyright rules: Bahrain Shortcut: COM:BAHRAIN
Durations
Standard	Life + 70 years
Anonymous	Create/Publish + 70 years
Audiovisual	Create/Publish + 70 years
Collective	Create/Publish + 70 years
Applied art	Create/Publish + 70 years
Other
Terms run to year end	Yes
Common licence tags	{{PD-Bahrain}}
ISO 3166-1 alpha-3	BHR
Treaties
Berne convention	2 March 1997
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	15 December 2005
*‌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 Bahrain relevant to uploading works into Wikimedia Commons. Note that any work originating in Bahrain must be in the public domain, or available under a free license, in both Bahrain 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 Bahrain, refer to the relevant laws for clarification.

Background

Bahrain, an island in the Persian Gulf, became a British protectorate in 1892. On 15 August 1971 the country became independent.

Bahrain has been a member of the World Trade Organization since 1 January 1995, the Berne Convention since 2 March 1997 and the WIPO treaty since 15 December 2005.

As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 22 of 2006 relating to the Protection of Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Bahrain. WIPO holds an English version of the text of this law in their WIPO Lex database. This repealed Legislative Decree No. 10 of June 7, 1993 in respect of Copyright Law.

The law was modified by Law No. 5 of 2014 amending some Provisions of Law No. 22 of 2006 relating to the Protection of Copyright and Neighboring Rights. WIPO holds the Arabic text of this law in their WIPO Lex database. It does not appear to affect the definitions of works or durations of protection.

General rules

According to the former Legislative Decree No. 10 of June 7, 1993 in respect of Copyright Law,

• Copyright protection for an intellectual property lapsed 50 calendar years after the death of the author.^{[10/1993 Art.31(1)]}
• For jointly owned intellectual properties, the period was calculated from the date of the death of the last survivor of the co-authors.^{[10/1993 Art.31(1)]}
• Copyright protection lapsed upon the expiry of 50 calendar years from the date of publication for the following intellectual works:
  • Cinematographic films, applied arts works and photographs.^{[10/1993 Art.31(2a)]}
  • Intellectual properties published under a pseudonym or without carrying the author's name unless the identity of the author has been revealed during that period.^{[10/1993 Art.31(2b)]}
  • Intellectual properties belonging to public or private corporate entities.^{[10/1993 Art.31(2c)]}
  • Intellectual properties published for the first time after the author's death.^{[10/1993 Art.31(2d)]}
• Protection period for computer software lapsed upon the expiry of 50 years from the date of completing the work or 40 years from the date of publication, whichever was earlier.^{[10/1993 Art.31(3)]}
• Works that had entered the public domain under the 1993 law before the 2006 law took effect remained in the public domain.^{[22/2006 Article 78]}

Under Law No. 22 of 2006 relating to the Protection of Copyright and Neighboring Rights,

• An author's economic rights are protected throughout his lifetime and for 70 years beginning on the first day of the calendar year following the year of his death, except where other provision is made in this subsection.^{[22/2006 Article 37]}
• The economic rights of authors of joint works are protected throughout their lifetime and for 70 years beginning on the first day of the calendar year following the year in which the last surviving author dies.^{[22/2006 Article 38]}
• The economic rights to collective works and audiovisual works are protected for 70 years beginning on the first day of the calendar year following the year in which those works were first legally published. If such publication does not take place within 50 years of the date the works were created, the economic rights to those works are protected for 70 years beginning on the first day of the calendar year following the year in which they were created.^{[22/2006 Article 39]}
• The economic rights of works published anonymously or under a pseudonym are protected for 70 years beginning on the first day of the calendar year following the year in which those works were first legally published. If such publication does not take place within 50 years of the date the works were created, the economic rights to those works are protected for 70 years beginning on the first day of the calendar year following the year in which they were created.^{[22/2006 Article 40]}
• The economic rights to works of the applied arts are protected for 70 years beginning on the first day of the calendar year following the year in which those works were first legally published. If such publication does not take place within 50 years of the date the works were created, the economic rights to those works are protected for 70 years beginning on the first day of the calendar year following the year in which they were created.^{[22/2006 Article 41]}

Not protected

Protection is not accorded to: (a) Mere ideas, procedures, working methods, mathematical concepts, principles, discoveries or data, (b) Legislation, judgements and judicial decrees, the judgement of arbitrators, decisions issued by administrative committees possessing judicial prerogatives, international treaties and all other official documents and official translations thereof, (c) News of current affairs when of a purely informative nature. Nevertheless, collections of the above elements do enjoy protection if creativity exists in the selection or arrangement of the contents.^{[22/2006 Article 4]}

Copyright tags

• {{PD-Bahrain}} – for films 70 years from publication, for other works 70 years after the author's death.

Freedom of panorama

 Not OK {{NoFoP-Bahrain}}, Only non-commercial use is allowed. Under Law No. 22 of 2006,

• It shall be permissible, without a permission from the author and without payment of a compensation but subject to the condition of mentioning the author’s name, to transmit works of fine, applied, plastic or architectural arts to the public through radio broadcasts for non-commercial purposes if such works are permanently displayed at public places.^{[22/2006 Article 25]}
• Copyright expires after 70 calendar years from the death of author or last surviving author (Joint work).^{[22/2006 Article 37–38]}

See also

• Category:Bahrain FOP cases

Citations

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:Bangladesh

Bangladesh

This page requires updating because: New Copyright Act 2023 has been passed In doing so, you could add a timestamp to the page. Please notify the uploader with {{subst:update-note|1=Commons:Copyright rules by territory/Consolidated list B|2=New Copyright Act 2023 has been passed}} ~~~~

Copyright rules: Bangladesh Shortcut: COM:BANGLADESH
Durations
Standard	Life + 60 years
Photograph	Publish + 60 years
Anonymous	Publish + 60 years
Audiovisual	Publish + 60 years
Posthumous	Publish + 60 years
Government	Publish + 60 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Bangladesh}}
ISO 3166-1 alpha-3	BGD
Treaties
Berne convention	4 May 1999
Univ. Copyright Convention	5 August 1975
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
*‌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 Bangladesh relevant to uploading works into Wikimedia Commons. Note that any work originating in Bangladesh must be in the public domain, or available under a free license, in both Bangladesh 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 Bangladesh, refer to the relevant laws for clarification.

Background

Bengal was part of British India until it gained independence in 1947 as the eastern part of Pakistan. The country became independent of Pakistan in 1971, taking the name Bangladesh.

Bangladesh has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 4 May 1999.

The first law on copyright was introduced in Bangladesh in 1914, based on the British Copyright law of 1911. This was replaced by the Copyright Ordinance 1962, which in turn was replaced by the Copyright Act 2000. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) as the main copyright law enacted by the legislature of Bangladesh. WIPO holds the Bengali text of this law in their WIPO Lex database. The Copyright Office Bangladesh provides an English translation on their website.

The Copyright Act, 2000 repealed The Copyright Ordinance, 1962 (Ordinance no XXXIV of 1962).^{[28/2000 Section 105(1)]} It was not retroactive: "Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act".^{[28/2000 Section 105(3)]}

General rules

Under the Copyright Act 2000,

• Copyright subsists in any literary, dramatic, musical or artistic work (except a photograph) published within the lifetime of the author until 60 years from the beginning of the calendar year next following the year in which the author dies. The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who died last.^{[28/2000 Section 24]}
• With a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author, but which has not been published before that date, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.^{[28/2000 Section 25(1)]}
• With a cinematograph film, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the film is published.^{[28/2000 Section 26]}
• With a sound recording, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the sound recording is published.^{[28/2000 Section 27]}
• With a photograph, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the photograph is published.^{[28/2000 Section 28]}
• With a computer programme, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the programme is published.^{[28/2000 Section 28A]}
• With a literary, dramatic, musical or artistic work (except a photograph) which is published anonymously or pseudonymously, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.^{[28/2000 Section 29]}
• Copyright in a Government work, where the Government is the first owner of the copyright, subsists until 60 years from the beginning of the calendar year next following the year in which the work is published.^{[28/2000 Section 29]}

Copyright tags

• {{PD-Bangladesh}} - for photographs and films 60 years starting from the end of the year it was produced; for other works 60 years after the death of the author, or last-surviving author.

Freedom of panorama

OK for architecture, sculptures, and works of artistic craftsmanship: {{FoP-Bangladesh}}

 Not OK for other types of artistic works.

According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,

• The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.^{[28/2000 Section 72(19)]};
• The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.^{[28/2000 Section 72(20)]};
• The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.^{[28/2000 Section 72(21)]};

Under 2000 Copyright Act of Bangladesh, the "artistic works" are enumerated as: (a) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph whether or not any such work possesses artistic quality; (b) a work of architecture; and (c) any other work of artistic craftsmanship.^{[28/2000 Section 2(36)]} Thus the Bangladeshi freedom of panorama only applies to works of architecture, sculptures, and works of artistic craftsmanship "permanently situated in a public place or any premises to which the public has access."

As expected in most of the former British colonies, the Bangladeshi law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.

Stamps

. No Bangladeshi stamps might be uploaded before 2032 because the first stamps were issued on 29 July 1971 and the copyright term for government works is 60 years from publication. The 1971 stamps might be uploaded in 2032.

See also

• বাংলাদেশ
• Category:Postage stamps of Bangladesh

Citations

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:Barbados

Barbados

Copyright rules: Barbados Shortcut: COM:BARBADOS
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Audiovisual	Create/Publish + 50 years
Other
Freedom of panorama	For 3D works and works of artistic craftsmanship
Terms run to year end	Yes
ISO 3166-1 alpha-3	BRB
Treaties
Berne convention	30 July 1983
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	13 December 2019
*‌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 Barbados relevant to uploading works into Wikimedia Commons. Note that any work originating in Barbados must be in the public domain, or available under a free license, in both Barbados 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 Barbados, refer to the relevant laws for clarification.

Background

Barbados was an English or British colony from 1627 to 1966. Barbados became an independent state on 30 November 1966 and transitioned to be a republic in 2021, with no formal relationship with the United Kingdom.

Barbados has been a member of the Berne Convention since 30 July 1983, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 13 December 2019.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1998 (Cap. 300)(as revised up to 2006) as the main copyright law enacted by the legislature of Barbados. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the Copyright Act 1998 revised up to 2006,

• Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work exists for the life of the author and for the 50 calendar years following his death.^{[Cap.300/2006 Section 10(1)]}
• When copyright is vested jointly in more than one author, the copyright exists for the life of the last surviving author and for 50 calendar years immediately following the year of his death.^{[Cap.300/2006 Section 10(2)]}
• Where the author is unknown, copyright exists for the 50 calendar years immediately following the year in which the work was first published.^{[Cap.300/2006 Section 10(3)]}
• For a computer-generated work, the copyright in expires at the end of the period of 50 calendar years following the calendar year in which the work was made.^{[Cap.300/2006 Section 10(4)]}
• Copyright in a sound recording or film exists for the 50 calendar years immediately following the calendar year in which it was made or, where it is made available to the public before the end of that period, 50 calendar years immediately following the calendar year in which it is so made available.^{[Cap.300/2006 Section 11(1)]}
• Copyright in a broadcast or cable programme exists for the 50 calendar years immediately following the calendar year in which the broadcast was made or the programme included in a cable programme service.^{[Cap.300/2006 Section 12(1)]}

The Copyright Bill 2023, which is currently in the House of Assembly but has not been passed, would extend the durations to 70 years from 50 years.

Folklore: not free

See also: Commons:Paying public domain

In respect of folklore, that is to say, all literary and artistic works that constitute a basic element of the traditional and cultural heritage of Barbados; were created in Barbados by various groups of the community; and survive from generation to generation, the rights of the author vest in the Crown to the same extent as if the Crown had been the original creator of the folklore.^{[Cap.300/2006 Section 22(5)]} The rights of the Crown in respect of folklore are enforceable at the instance of the Attorney-General.^{[Cap.300/2006 Section 22(6)]}

Freedom of panorama

OK for 3D works and works of artistic craftsmanship,  Not OK for 2D artwork. Use {{FoP-Barbados}} for images of compliant public artistic works of Barbados.

Under the Copyright Act 1998 revised up to 2006, copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.^{[Cap.300/2006 Section 54(a)]}

This section [73] applies to buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or on premises open to the public.^{[Cap.300/2006 Section 73(1)]} The copyright in a work referred to in subsection (1) is not infringed by making a graphic work representing it; making a photograph or film of it; broadcasting or including in a cable programme service a visual image of it; or issuing to the public copies, or the broadcasting or including in a cable programme service anything whose making was, by virtue of this section, not an infringement of copyright.^{[Cap.300/2006 Section 73(2)]}

Barbadian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.

See also

• Category:Barbadian FOP cases

Citations

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:Belarus

Belarus

Copyright rules: Belarus Shortcut: COM:BELARUS
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Other
Terms run to year end	Yes
Common licence tags	{{PD-Belarus}} {{PD-BY-exempt}}
ISO 3166-1 alpha-3	BLR
Treaties
Berne convention	12 December 1997
Univ. Copyright Convention	27 July 1991
URAA restoration date‌*	12 December 1997
WIPO treaty	6 March 2002
*‌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 Belarus relevant to uploading works into Wikimedia Commons. Note that any work originating in Belarus must be in the public domain, or available under a free license, in both Belarus 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 Belarus, refer to the relevant laws for clarification.

Background

Belarus was annexed by Russia in 1795. It was occupied by Germany during World War I. Towards the end of the war, Belarus declared independence in 1918. In 1919 the country became a republic of the Soviet Union. During the break-up of the Soviet Union, Belarus again declared independence on 27 July 1990.

Belarus has been a member of the Berne Convention since 12 December 1997 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law of the Republic of Belarus No. 262-Z of May 17, 2011, on Copyright and Related Rights as the main IP law enacted by the legislature of Belarus. WIPO holds the text of this law in their WIPO Lex database.

General rules

According to the Law of the Republic of Belarus No. 262-Z of May 17, 2011,

• Moral rights to works of science, literature and art are protected without limitation of time.^{[262-Z/2011 Art.20(1)]}
• The exclusive right to a work is valid during the author’s life and for 50 years after his/her death unless otherwise stipulated below.^{[262-Z/2011 Art.20(2)]}
• The exclusive right to an anonymous work or work made under a pseudonym is valid for 50 years from the moment of the first rightful disclosure of such work or 50 years from the moment of creation unless it was duly disclosed with the author’s consent within 50 years from its creation.^{[262-Z/2011 Art.20(3)]}
• The exclusive right to the work created in co-­authorship is valid during the life and for 50 years after death of the author who outlived the other co­authors.^{[262-Z/2011 Art.20(4)]}
• Calculation of the above durations starts from 1 January of the year following the year of occurrence of the legal fact that is the basis for calculating the duration.^{[262-Z/2011 Art.20(5)]}
• Termination of the period of validity of exclusive right to a work means transfer of such work to public domain. Works that have never been protected on the territory of the Republic of Belarus are deemed as transferred to public domain.^{[262-Z/2011 Art.21(1)]}
• Works transferred to public domain can be freely used by any individual or legal entity without payment of royalty. However, moral rights of the authors must be observed.^{[262-Z/2011 Art.21(2)]}

Not protected

According to the Law of the Republic of Belarus No. 262-Z of May 17, 2011,

• The following are not deemed objects of copyright: official documents (legal acts, court decisions, other administrative and court documents, constituent documents of legal entities) and their official translations; State symbols of the Republic of Belarus (State Flag of the Republic of Belarus, State Emblem of the Republic of Belarus, State Anthem of the Republic of Belarus), symbols of state decorations of the Republic of Belarus (orders and medals), state signs (paper currency of the Republic of Belarus, post stamps and other signs), official heraldry symbols (flags, emblems of administration divisions of the Republic of Belarus, heraldry signs, colours, badges, emblems of state authorities etc.); works of folk art which authors are unknown.^{[262-Z/2011 Art.7(2)]}
• Copyright shall not cover ideas, methods, processes, systems, ways, conceptions, principles, discoveries, facts even if they are expressed, presented, explained or implemented in works.^{[262-Z/2011 Art.7(2)]}

Freedom of panorama

 Not OK, noncommercial only. According to the Law of the Republic of Belarus No. 262-Z of May 17, 2011,

• Works of photography, architecture, fine arts can be visualized, broadcasted or cablecasted, and publicly transmitted in any other way if such works continuously remain at the place with free admission. Representation of such works shall not be the main object of visualization, broadcasting or by cablecasting or other public transmission and shall not be used for commercial purposes.^{[262-Z/2011 Art.32(7)]}

This only permits noncommercial representations, but noncommercial licensing is not accepted at Wikimedia Commons.

Copyright tags

• {{PD-BY-exempt}} – for formal documents (laws, judgements, other texts of legal, administrative and judicial nature), and also their official translations; state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs); works of folk arts, authors of which are not known.
• {{PD-Belarus}} – for works 50 years after the author's (or last-surviving co-author) death or 50 years after the first legal publication of the work published under pseudonym or anonymously.

Currency

OK Belarusian currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright.^{[262-Z/2011 Art.7(2)]}

Please use {{PD-BY-exempt}} for Belarus currency images.

Stamps

use {{PD-BY-exempt}}

According to the Law of the Republic of Belarus No. 262-Z of May 17, 2011, "state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs)" are not copyrightable.^{[262-Z/2011 Art.7(2)]} According to the Postage Law of the Republic of Belarus No. 258-З of December 15, 2003, "postage stamp is an official (state) sign of postage printed on paper and carrying an artwork, and inscriptions "БЕЛАРУСЬ", "BELARUS", year of issue (in Arabic letters) and a par value (in Arabic figures). The par value of postage stamp may be designated in letters."

See also

• Беларусь
• Category:Belarusian FOP cases
• Category:License tags of Belarus
• Commons:Copyright rules by territory/Soviet Union

Citations

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:Belgium

Belgium

Copyright rules: Belgium Shortcut: COM:BELGIUM
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-Belgium-exempt}}
ISO 3166-1 alpha-3	BEL
Treaties
Berne convention	5 December 1887
Univ. Copyright Convention	31 August 1960
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	30 August 2006
*‌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 Belgium relevant to uploading works into Wikimedia Commons. Note that any work originating in Belgium must be in the public domain, or available under a free license, in both Belgium 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 Belgium, refer to the relevant laws for clarification.

Governing laws

Belgium has been a member of the Berne Convention since 5 December 1887, the WIPO treaty since 30 August 2006 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code de droit économique (Code of Economic Law) (updated on September 10, 2018) as the main IP law enacted by the legislature of Belgium. WIPO holds the text of this law in their WIPO Lex database. Book XI. of this law covers intellectual property and business secrets. The website https://www.ejustice.just.fgov.be holds the Dutch and French text of this law.

General rules

According to the law as of 2018 (Art. XI.166.):

• Copyright protection lasts for 70 years after the death of the author. Rights to works created by employees or under contract may be transferred to the employer or contractee.
• With collaborative works, copyright protection lasts for 70 years after death of the last surviving author. For audiovisual works, this includes various people with defined roles in production of the work, including the director, scenarist and authors of text and music.
• For anonymous or pseudonymous works, copyright protection lasts for 70 years after publication unless there is no doubt about the author's identity or they reveal their identity, in which case copyright lasts for 70 years after the death of the author.
• The above durations all end on 1 January of the year following the last year of protection.
• A portrait may not be reproduced without the permission of the person represented or their heirs for 20 years after their death.
• Until 1994, Belgian law was 50 years pma, but the new law is retroactive, so all copyrights were restored by URAA.
• Publication of never-published works give a new right during 25 years.

Copyright tags

• {{PD-Vlaams-gemeentewapen}} – for municipal coats of arms from the Flemish region.
• {{PD-Vlaamse-gemeentevlag}} – for municipal flags from the Flemish region
• {{PD-Belgium-exempt}} – for the official products of the Belgian government

Currency

Banknotes

OK Banknotes denominated in Belgian francs issued by the National Bank of Belgium can still be exchanged for an undetermined period of time. The Bank still owns copyrights with regard to the design of the banknotes it has issued, as long as reproductions in advertising or illustrations cannot be mistaken for genuine banknotes they can be used without prior authorisation of the Bank of Belgium. The same kind of restrictions apply to reproductions of Belgium banknotes as to Euro banknotes.

Please use {{Belgian franc banknote}} for Belgian franc banknotes.

Coins

 Unknown

De minimis

Art. XI.190 of the Code on Economic Law states:

• Once a work has been lawfully published, its author may not prohibit: [...] 2°. reproduction and communication to the public of a work shown in a place accessible to the public where the aim of reproduction or communication to the public is not the work itself [...].

Freedom of panorama

OK: {{FoP-Belgium}}

Since 1 January 2015, Belgian copyright law is defined by Title 5 of Book XI (intellectual property) of the Code on Economic Law. It replaced the Copyright Act of 30 June 1994. On 16 June 2016 the Belgian Parliament introduced freedom of panorama by adding the following to article XI.190 of the Code on Economic Law (translated here to English):

"Once a work has been lawfully published, its author may not prohibit: [...] 2/1°. reproduction and communication to the public of works of plastic, graphic or architectural art designed to be placed on a permanent basis in public places, provided that the reproduction or the communication of the work is as it is found there and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author."^{[2018 Art.XI.190]}

The Act was signed into law on 27 June, published on 5 July, and took effect on 15 July 2016.

2022 amendment

A 2022 amendment to the law moved the restriction from "and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author" from Art.XI.190 itself to Art.XI.192/3, where it now forms part of a common set of provisions restricting the scope of multiple exceptions. Translated here to English, it reads:

"Art. XI.192/3 The exceptions provided for in articles XI.189, XI.190, XI.191, XI.191/1, XI.191/2, XI/192 (Section 1, Paragraph 2), XI.192/1 and XI.192/2 are only applicable insofar as much as they do not affect the normal exploitation of the work or database and so not unjustly prejudice the legitimate interests of the rightsholder."^{[2022 Art.XI.192/3]}

Notes

• An explanation that was attached to a draft version of the freedom of panorama provision stated that the provision was intended to apply to locations that are permanently accessible to the public, such as public streets and squares, and that the provision was not intended to apply inside of public museums or other buildings that are not permanently open to the public. According to the explanation, if a work of art is situated inside a building that is not permanently open to the public, then the artist may not have expected public exhibition of the work.
• Before 15 July 2016, there was no panorama freedom in Belgium. Modern pieces of art could not be the central motive of a commercially available photograph without permission of the artwork copyright holder. See also this discussion from 2009.
• Another exception to copyright, de minimis, is stated in article XI.190 (previously article 22 in the 1994 act) of the law: "Once a work has been lawfully published, its author may not prohibit: [...] 2°. reproduction and communication to the public of a work shown in a place accessible to the public where the aim of reproduction or communication to the public is not the work itself [...]". These conditions need not be met any more if the conditions of freedom of panorama as stated above are met.

Stamps

In Belgium an image of a stamp is copyright free when the following conditions are fulfilled: 70 years after La Poste / De Post have issued the stamp AND 70 years after the designer of the image on the stamp has died.

The works of the following artists are in public domain because the artist died before 31 December 1945.

• Baugniet, Charles (1814-1886)
• Houyoux, Léon (1856-1940)
• Meunier, Henri (1873–1922)
• Vloors, Émile (1871–1952)

The work of the following artists will be in public domain on 1 January following 70 years after their death

• Bonnevalle, Oscar (1920-1993)
• De Bast, Jean (1883-1975)
• Dolphyn, William (1935–2016)
• Van Noten, Jean (1903–1982)

See also

• België / Belgique / Belgien
• Category:Belgian FOP cases
• Category:License tags of Belgium
• Category:Stamps of Belgium

Citations

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:Belize

Belize

Copyright rules: Belize Shortcut: COM:BELIZE
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Belize}}
ISO 3166-1 alpha-3	BLZ
Treaties
Berne convention	17 June 2000
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	9 February 2019
*‌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 Belize relevant to uploading works into Wikimedia Commons. Note that any work originating in Belize must be in the public domain, or available under a free license, in both Belize 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 Belize, refer to the relevant laws for clarification.

Background

The Belize region became a British colony in 1840, known as British Honduras, and a Crown colony in 1862. Belize became independent on 21 September 1981.

Belize has been a member of the World Trade Organization since 1 January 1995, the Berne Convention since 17 June 2000 and the WIPO Copyright Treaty effective 9 February 2019.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 252, Revised Edition 2000) as the main copyright law enacted by the legislature of Belize. WIPO holds the text of this law in their WIPO Lex database.

Prior to 2000, copyright was governed by the Copyright Act 1956 of the United Kingdom per article 5 of the Belize Independence Order 1981.

General rules

According to the Belize Copyright Act of 2000,

• Literary, dramatic, musical, or artistic works are protected for 50 years after the death of the author.^{[Cap.252/2000 Section 10(1)]}
• If the author is unknown, the works are protected for 50 years after publication unless the author becomes known during that period, in which case the works are protected for 50 years after the death of the author.^{[Cap.252/2000 Section 10(2)]}
• A work of joint authorship is protected for 50 years after the death of the last surviving known author, or 50 years after publication if none of the authors is known.^{[Cap.252/2000 Section 10(5)]}
• Copyright in a sound recording or film expires 50 years after it was made, or 50 years after it was made available to the public.^{[Cap.252/2000 Section 11]}

Protection ceases at the end of the last calendar year.

License tags

• {{PD-Belize}} for works in the public domain under Belize copyright law
• For stamps issued before Belizean independence (in the territory of British Honduras), crown copyright applies (See {{PD-UKGov}}).

Freedom of panorama

OK {{FoP-Belize}} The Belize Copyright Act of 2000 states that photographs, films, or graphic works depicting a building, sculpture, or work of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, do not infringe the copyright of the original work.^{[Cap.252/2000 Section 78]}

Prior to 2000, freedom of panorama was granted by the Copyright Act 1956 of the United Kingdom.

Stamps

According Belize's Copyright Act of 2000, where a protected work has been made by or under the direction or control of the Government and, apart from this subsection no copyright would subsist in the work, then copyright shall subsist therein by virtue of this subsection and shall initially belong to the State.^{[Cap.252/2000 Section 25(4)]} No special terms are specified for stamps or other government works, so standard copyright rules apply.

For stamps issued before Belizean independence (1981), crown copyright applies.

Currency

As of 2019, all Belize coins are in the public domain, with the exception of some commemorative and numismatic coins (e.g. those created by the Franklin Mint). The designs for all currently circulating Belize coins were created in the 1950s or earlier by the Royal Mint of the United Kingdom (when Belize was British Honduras). Thus they were under crown copyrights which have now expired. Please use {{PD-UKGov}} for these in addition to a license for the photographs (since coins are considered 3D objects). Any future coin designs, however, are likely to be copyrighted by the Belizean government, as Belize does not have a public domain exception for government works.

See also

• Belize
• Category:Postage stamps of Belize

Citations

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:Benin

Benin

Copyright rules: Benin Shortcut: COM:BENIN
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Publish + 70 years
Collective	Publish + 70 years
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
ISO 3166-1 alpha-3	BEN
Treaties
Berne convention	31 July 1960
Bangui Agreement	19 March 1983
WTO member	22 February 1996
URAA restoration date‌*	1 January 1996
WIPO treaty	16 April 2006
*‌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 Benin relevant to uploading works into Wikimedia Commons. Note that any work originating in Benin must be in the public domain, or available under a free license, in both Benin 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 Benin, refer to the relevant laws for clarification.

Background

Benin, formerly known as Dahomey, was a French colony from 1892 until obtaining full independence on 1 August 1960.

Benin has been a member of the Berne Convention since 31 July 1960, the WIPO treaty since 16 April 2006 and the World Trade Organization since 22 February 1996, as well as a signatory to various other international treaties.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2005-30 of April 5, 2006, relating to Copyright and Related Rights of the Republic of Benin as the main copyright law enacted by the legislature of Benin. WIPO holds the text of this law in their WIPO Lex database.

The 2006 law repealed the Law No. 84-008 of March 15, 1984, on Copyright Protection in the Republic of Benin, non-retroactively.^{[2006 Art.132]} The French text of the repealed 1984 law is available on LEGIS.BJ.

Durations

• Copyright in an individual work lasts for 70 years from the end of the author's year of death.^{[2006 Art.52]}
• Anonymous or pseudonymous works are protected for 70 years from the end of the year of publication unless the author's identity is disclosed, in which case they are protected for 70 years from the end of their year of death .^{[2006 Art.54]}
• Co-authors of a joint work are joint holders of moral and economic rights in the work as a whole, but may enjoy independent rights in their contributions if these can be separated from the work as a whole. Economic rights in a joint work are protected for 70 years from the end of the last surviving author's death.^{[2006 Art.53]}
• A collective work is a work created by a number of authors at the initiative and under the authority of a natural or legal person who or which publishes the work in his name and in which the contributions of the authors who participated in its creation merge in the whole work so that it is impossible to identify the various contributions and their authors.^{[2006 Art.1]} The publisher holds the moral and economic rights in a collective work. The economic rights in a collective work are protected for 70 years from the end of the year in which it was published.^{[2006 Art.55]}
• With audiovisual works the director, scriptwriter, author of the adaptation and composer of the music are considered joint authors. By default the producer owns the economic rights of the work as a whole, but the other authors maintain economic rights to their contributions where these can be separated from the work as a whole.^{[2006 Art.30-32]} The economic rights in an audiovisual work are protected for 70 years from the end of the year in which it was published.^{[2006 Art.55]}
• The economic rights in a work of applied art are protected for 25 years after it was made.^{[2006 Art.56]}

Previous durations

The repealed 1984 law provided a copyright duration of 50 years (after author's death or publication, depending on the situation of the work).^{[1984 Art.43]} As the 2006 law is non-retroactive, works that fell into public domain courtesy of the durations prescribed in the 1984 law remained in public domain (not extended by the current, longer term).

Folklore: non-free

"Expressions of folklore" are the characteristic elements of the traditional artistic heritage developed and perpetuated on the territory of the Republic of Benin by a community or by individuals recognized as meeting the traditional artistic expectations of such community, and includes: folk tales, folk poetry and mysteries; folk songs and instrumental music; folk dancing and entertainments; products of folk art, such as drawings, paintings, sculptures, pottery, terracotta, carvings, mosaics, woodwork, metal objects, jewelry, textiles and costumes.^{[2006 Art.1]}

Folklore belongs by its origin to the national heritage.^{[2006 Art.11]} Expressions of folklore are protected against reproduction, communication to the public by means of performance, broadcast, distribution by cable or other means, adaptation, translation or any other transformation, where such uses are carried out for commercial purposes or outside their traditional or customary context.^{[2006 Art.80]} These acts are subject to the prior authorization of the collective management organization, against payment of a royalty, the amount of which shall be determined in accordance with the customary terms in each of the categories of creation considered.^{[2006 Art.81]}

Currency

 Unsure West African CFA franc used in Benin has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law, but it is not known if it also applies to West African CFA franc.

See also: COM:CUR France

Not protected

Works that are not protected are.^{[2006 Art.9]}:

• Official texts of a legislative, administrative or judicial nature or to the official translations thereof;
• The news of the day;
• Ideas, processes, systems, methods of operation, concepts, principles, discoveries or simple data, even if they are set out, described, explained, illustrated or incorporated in a work

Freedom of panorama

 Not OK: Based on the 2006 law, reporting or current events purposes only for photography, and full freedom of panorama for film and television broadcasts only.

For the purpose of reporting of a current event by means of photography or cinematography or through aural or visual broadcasting, the recording, reproduction and public communication of literary or artistic works that may be seen or heard during such event shall be lawful, to the extent justified by the intended informatory purpose.^{[2006 Art.17]}

Reproduction for the purposes of cinematography, broadcast and public communication of works of art and architecture that are permanently located in a public place or whose inclusion in a film or broadcast is merely secondary or incidental to the main subject matter shall be lawful.^{[2006 Art.18]}

The restricted Beninese freedom of panorama in the 1984 law – for both audio-visual media and current events reporting only – was identical to the freedom of panorama of the current, 2006 law.^{[1984 Art.15 and 16]}

See also

• Category:Beninese FOP cases

Citations

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:Bhutan

Bhutan

Copyright rules: Bhutan Shortcut: COM:BHUTAN
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Audiovisual	Create/publish + 50 years
Collective	Create/publish + 50 years
Government	Public domain
Applied art	Create + 25 years
Other
Terms run to year end	yes
Common licence tags	{{PD-old-auto}}
ISO 3166-1 alpha-3	BTN
Treaties
Berne convention	25 November 2004
URAA restoration date‌*	25 November 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 Bhutan that are relevant to uploading works into Wikimedia Commons. Note that any work originating in Bhutan must be in the public domain, or available under a free license, in both Bhutan 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 Bhutan, refer to the Copyright Act for clarification.

Background

Bhutan has been independent for centuries, and has never been colonized.

Bhutan has been a member of the Berne Convention since 25 November 2004.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act of the Kingdom of Bhutan, 2001 as the main IP law enacted by the legislature of the Bhutan. WIPO holds a copy of the act on its website. The act came into force on 17 July 2001.^{[2001 Section 2]}

Applicability

Copyright applies to literary and artistic works that are original intellectual creations.^{[2001 Section 5]} Economic rights can be assigned in whole or in part through a formal agreement.^{[2001 Section 22]} Moral rights cannot be assigned during the lifetime of the author.^{[2001 Section 9]}

Literary and artistic works include books, pamphlets, articles, computer programs and other writings; speeches, lectures, addresses, sermons and other oral works; dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; stage productions of works mentioned in the previous item and of expressions of folklore that are apt for such productions; musical works, with or without accompanying words; audiovisual works; works of architecture; works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; photographic works; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.^{[2001 Section 5]}

Derivative Works are also protected. These are translations, adaptations, arrangements and other transformations of works; and collections of works and collections of mere data (databases), whether in machine readable or other form, provided that such collections are original by reason of the selection, coordination or arrangement of their contents. Protection of derivative works is without prejudice to protection, if any, of works used in the derivative work.^{[2001 Section 6]}

Durations

Under the Copyright Act of the Kingdom of Bhutan, 2001,

• For individual works, economic and moral rights are protected for 50 years after the death of the author.^{[2001 Section 18.1]}
• A "work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the work does not qualify as a "collective work".^{[2001 Section 4]} For joint works, economic and moral rights are protected for 50 years after the death of the last surviving author.^{[2001 Section 18.2]}
• For anonymous or pseudonymous works, economic and moral rights are protected for 50 years after the date of publication. If, during that period, the author's identity is revealed or is no longer in doubt, economic and moral rights are protected for 50 years after the death of the author (or the last surviving author if it is a joint work).^{[2001 Section 18.4]}
• With an audiovisual work, the original owner of the economic rights is, unless provided otherwise in a contract, the producer of the audiovisual work. The co-authors of the audiovisual work and the authors of the pre-existing works used in the audiovisual work maintain their economic rights to the extent that those contributions or pre-existing works can used separately from the audiovisual work.^{[2001 Section 19.5]}
• A "collective work" is a work which has been created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing physical persons will not be indicated in the work.^{[2001 Section 4]} For collective works other than works of applied art, and for audiovisual works, economic and moral rights are protected for 50 years after the work was first published. If it is not published within 50 years of being made, economic and moral rights are protected for 50 years after it was made.^{[2001 Section 18.3]}
• A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.^{[2001 Section 4]} For works of applied art, economic and moral rights are protected for 25 years after the work was made.^{[2001 Section 18.5]}
• Every period of protection defined in this section runs to the end of the calendar year in which it would otherwise expire.^{[2001 Section 18.6]}

Not protected

Protection does not apply to any official text of a legislative, administrative or legal nature, as well as any official translation thereof.^{[2001 Section 7]}

Freedom of panorama

 Not OK. There is no provision for Freedom of Panorama in the Copyright Act of the Kingdom of Bhutan, 2001. None of the indicated exceptions or limitations to copyright at Sections 10–17 contain a provision allowing the free use of a copyrighted work permanently seen or found in public spaces, like architecture and sculptures, without the need to get license clearances from the designers of the said public space works.

Copyright tags

• {{PD-Bhutan}}
• {{PD-BhutanGov}}

See also

• Category:Bhutanese FOP cases

Citations

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:Bolivia

Bolivia

Copyright rules: Bolivia Shortcut: COM:BOLIVIA
Durations
Standard	Life + 50 years
Photograph	Create/publish + 50 years
Anonymous	Publish + 50 years
Audiovisual	Create/publish + 50 years
Collective	Create/publish + 50 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Bolivia}}
ISO 3166-1 alpha-3	BOL
Treaties
Berne convention	4 November 1993
Univ. Copyright Convention	22 March 1990
WTO member	12 September 1995
URAA restoration date‌*	1 January 1996
*‌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 Bolivia relevant to uploading works into Wikimedia Commons. Note that any work originating in Bolivia must be in the public domain, or available under a free license, in both Bolivia 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 Bolivia, refer to the relevant laws for clarification.

Background

Bolivia was colonized by the Spanish in the early 16th century. It became independent on 6 August 1825.

Bolivia has been a member of the Universal Copyright Convention since 22 March 1990, the Berne Convention since 4 November 1993 and the World Trade Organization since 12 September 1995. Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 copyright rules issued by that customs union.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No.1322 of April 13, 1992, on Copyright as the main copyright law enacted by the legislature of Bolivia. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under Law No.1322 of April 13, 1992, on Copyright an author must be a natural person, but the Bolivian state and legal entities may exercise copyright as derived owners. Economic rights in a work may be transferred by contract in whole or part.

• Individual works are protected for 50 years after the death of the author.^{[1322/1992 Article 18]}
• Joint works are protected for 50 years from the death of the last surviving author.^{[1322/1992 Article 18]}
• Economic rights in collective audiovisual and photographic works, phonograms, broadcasting programs and computer or computing programs, shall last 50 years starting from their publication, exhibition, fixation, transmission and utilization, as appropriate, or, if they have not been published, since their creation.^{[1322/1992 Article 19]}
• Anonymous and pseudonymous works are protected for 50 years after publication.^{[1322/1992 Article 19]}

The time limits shall be calculated from the first day of January of the year following the author’s death or that of publication, exhibition, fixation, transmission, utilization or creation, as the case may be.^{[1322/1992 Article 19]}

Folklore and crafts: not free

This Law shall be deemed to protect all those works considered as folklore: the body of literary and artistic works created on the national territory by authors who are unknown or who do not identify themselves and who are presumed to be nationals of the country or members of its ethnic communities and which is passed down from generation to generation, representing one of the fundamental elements of the nation’s traditional cultural heritage.^{[1322/1992 Article 21]} Works of folklore, for the purposes of their utilization as literary and artistic works, shall be considered as works belonging to the national heritage, in accordance with the norms contained in Title XI of this Law, without prejudice to any norms of protection that may be adopted by other State institutions or through international agreements.^{[1322/1992 Article 22]} Crafts and crafts designs shall be protected by the general norms of this Law, especially with regard to three-dimensional arts and the national heritage.^{[1322/1992 Article 23]}

National heritage and public domain: not free

See also: Commons:Paying public domain

The following belong to the National Heritage: Works of folklore and traditional culture by unknown authors; Works whose authors have expressly waived their rights; Works of authors who have passed away without successors or successors in title; Works whose terms of protection as fixed by Articles 18 and 19 have expired; Patriotic and civic hymns and anything that has been taken up by any public or private institution. Foreign works whose term of protection has expired shall belong to the public domain.^{[1322/1992 Article 58]} The utilization in any form or procedure of works from the National Heritage and the public domain shall be free, but anyone using such works for commercial purposes shall pay the State, in accordance with the provisions of the Regulations, a fee based on the fee for utilization of similar works covered by the private protection system.^{[1322/1992 Article 60]} Income from the utilization of National Heritage works shall be earmarked exclusively for the promotion and dissemination of the country’s cultural values.^{[1322/1992 Article 61]}

Copyright tags

• {{PD-Bolivia}}

Currency

 Unsure According to Article 8 of the Law No.1322 of April 13, 1992, on Copyright: "Only a natural person may be an author; however, the State, public law bodies and moral or legal entities may exercise copyright as derived owners, in accordance with the norms of this Law".^{[1322/1992 Article 8]}

Article 5(i) of Law No. 1322 defines "derived work" as: "Any work arising from the adaptation, translation or other transformation of an original work, provided that it constitutes a separate creation".^{[1322/1992 Article 5(i)]}

The copyright law has provisions giving copyright to the State in national folklore and when Bolivian nationals die without heirs, so it is not clear if the government's right to hold copyright extends to banknotes.

Freedom of panorama

OK, see Commons:Copyright rules by territory/Andean Community#Freedom of panorama. {{FoP-Bolivia}}.

Law No.1322 of April 13, 1992, on Copyright does not give a freedom of panorama provision. However, Decision 351 of the Andean Community of Nations (of which Bolivia is part of) provides for a freedom of panorama provision.

Stamps

The Law No.1322 of April 13, 1992 on Copyright states that copyright protection expires 50 years after the author's death calculated from 1 January following the year of death.^{[1322/1992 Article 18]} For "anonymous works ... and in pseudonymous works, the economic rights shall last 50 years after the works have been made known" also calculated from 1 January of the following year.^{[1322/1992 Article 19]}

For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Bolivia}}.

Threshold of originality

See Andean Community: Threshold of originality

See also

• Bolivia
• Category:Stamps of Bolivia
• Commons:Copyright rules by territory/Andean Community

Citations

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:Bosnia and Herzegovina

Bosnia and Herzegovina

Copyright rules: Bosnia and Herzegovina Shortcut: COM:BiH
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Collective	Publish + 70 years
Other
Common licence tags	{{PD-old-auto}} {{PD-BH-exempt}} {{PD-Bosnia and Herzegovina}}
ISO 3166-1 alpha-3	BIH
Treaties
Berne convention	3 March 1992
URAA restoration date‌*	1 January 1996
WIPO treaty	25 November 2009
*‌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 Bosnia and Herzegovina relevant to uploading works into Wikimedia Commons. Note that any work originating in Bosnia and Herzegovina must be in the public domain, or available under a free license, in both Bosnia and Herzegovina 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 Bosnia and Herzegovina, refer to the relevant laws for clarification.

Background

Following World War I, Bosnia and Herzegovina became part of the Kingdom of Yugoslavia on 1 December 1918. After World War II it was part of the newly formed Socialist Federal Republic of Yugoslavia. After the dissolution of Yugoslavia, Bosnia and Herzegovina became an independent state on 3 March 1992.

Bosnia and Herzegovina has been a member of the Berne Convention since 3 March 1992 by virtue of succession from the former Yugoslavia. The declaration of succession was deposited on 2 June 1993. Bosnia and Herzegovina acceded to the WIPO Copyright Treaty on 25 November 2009.

The Yugoslav Copyright Act of 1978 applied in Bosnia and Herzegovina until it was replaced by the Law on Copyright and Related Rights in Bosnia and Herzegovina of 2002. The 2002 Act was retroactive: "The Copyright Law (Official Gazette of the SFRY Nos. 19/78, 24/86 and 21/90), as well as legal regulations of the Entities regulating this matter which are incongruent to this Law, shall cease to be effective after this Law enters into force."^{[2002 Art 140]}

The 2002 Law was replaced by the 'Copyright and Related Rights Law and the Law on the Collective Management of Copyright and Related Rights in Bosnia of 2010. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2010 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Bosnia and Herzegovina. WIPO holds the text of this law in their WIPO Lex database.

General rules

The Yugoslav Copyright Act of 1978 provided for copyright term of the life of the author plus 50 years, and for 25 years after publication for a photograph or a work of applied art. A work published in Bosnia and Herzegovina would have entered the public domain under this act, before the new copyright act of 2002 took force, if it met one of the following criteria:

• A work of known authorship and the author died before January 1, 1952
• An anonymous work and it was published before January 1, 1952
• A photograph or a work of applied art published before January 1, 1977

Under the 2002 Copyright Act,

• Authors' property rights continued during the author's life and 70 years after his/her death.^{[2002 Art 84(1)]}
• If authors' rights belonged jointly to co-authors the 70 years term was counted from the death of the last deceased co-author.^{[2002 Art 84(2)]}
• Author's rights on an anonymous or pseudonymous work continued for 70 years as of the lawful publication of the work if the identity of the author was nt revealed.^{[2002 Art 84(3)]}
• If the holder of the author's property right was a legal entity, copyright ceased to exist after 70 years from publication of the work.^{[2002 Art 84(4)]}
• The above terms ran as of January 1 of the year immediately following the year of the author’s death or the year in which the work was published.^{[2002 Art 84(5)]}

Under the 2010 Law on Copyright and Related Rights,

• Copyright runs for the life of its author and for 70 years after his death, unless otherwise provided.^{[2010 Article 55]}
• If copyright is jointly owned by co-authors, the term is calculated from the death of the last surviving co-author.^{[2010 Article 56]}
• The copyright on an anonymous or pseudonymous work runs for 70 years from the day of the lawful disclosure of the work if the author remains unknown.^{[2010 Article 57]}
• Copyright on collective works runs for 70 years from the day of the lawful disclosure thereof.^{[2010 Article 58]}
• All the terms under this Chapter, with the exception of cases where the author withdraws, are calculated from January 1 of the year following the year in which the event as of which the commencement of a term is calculated occurred.^{[2010 Article 62]}

Transitional rules

• Works of authors who died in 1945 or earlier are public domain both in Bosnia and Herzegovina and in the United States.
• Works of authors who died in 1946–51 are public domain in Bosnia and Herzegovina but copyrighted in the United States, since the URAA date for Bosnia and Herzegovina is 1 January 1996.
• Works of authors who died in 1952 or later are copyrighted in both countries.
• An exception applies to photographic and similarly-made works, and the works of applied art.
  • There are considered free in the United States if published before 1 January 1971. The copyright on these works lasted for 25 years since publication per the 1978 Yugoslav copyright act.
  • They are public domain in Bosnia and Herzegovina if published before 1 January 1977, but are again copyrighted in the United States if published on 1 January 1971 or later.
• The publication right applies for all works published for the first time on 11 August 2010 or later, even if the copyright has already expired. It lasts for 25 years starting 1 January of the year following the year of the publication.

Not protected

There is no copyright protection for: ideas, concepts, procedures, work methods, mathematical operations; official texts in the domain of legislation, administration and judiciary (laws, regulations, decisions, reports, minutes, judgments and alike); political speeches and speeches made at court hearings; daily news or miscellaneous information having the character of mere items of press information; folk literary and artistic creations.^{[2010 Article 8]}

Copyright tags

• {{PD-BH-exempt}} – for works exempt from copyright under Bosnia and Herzegovina law (“ideas, plans, …, official texts, …, professional reports, …” – see license template for details)

Currency

 Not OK. Banknotes and coins of the Central Bank of Bosnia and Herzegovina can only be reproduced with the express permission of the Bank, as defined by the law «Official Gazette of BiH» 1/97, Chapter 5, Article 47.

Freedom of panorama

 Not OK The 2010 law on copyright and related rights allows only non-commercial reproduction of works in public places:

• The free use of the works permanently located in squares, parks, streets or other places accessible by the public shall be permitted.^{[2010 Article 52(1)]}
• The works referred to in paragraph (1) of this Article shall not be reproduced in three-dimensional form, used for the same purpose as the original work or used for gaining economic advantage.^{[2010 Article 52(2)]}
• In the case of the use referred to in paragraph (1) of this Article, the source and authorship must be indicated if they are indicated on the work used.^{[2010 Article 52(3)]}

The Bosnia and Herzegovina copyright law is based on the copyright law from Croatia but this article subtly differs from it, adding restrictions for commercial use.

Non-commercial license is forbidden on Wikimedia Commons as per Commons:Licensing#Forbidden licenses. See also a related discussion at Commons talk:Freedom of panorama/Archive 17#Bosnian Authorship Law and its Article 52.

See also

• Bosna i Hercegovina / Босна и Херцеговина
• Category:Bosnia and Herzegovinian FOP cases
• Category:License tags of Bosnia and Herzegovina
• Commons:Copyright rules by territory/Yugoslavia

Citations

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:Botswana

Botswana

Copyright rules: Botswana Shortcut: COM:BOTSWANA
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Collective	Publish + 50 years
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
ISO 3166-1 alpha-3	BWA
Treaties
Berne convention	15 April 1998
WTO member	31 May 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	27 January 2005
*‌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 Botswana relevant to uploading works into Wikimedia Commons. Note that any work originating in Botswana must be in the public domain, or available under a free license, in both Botswana 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 Botswana, refer to the relevant laws for clarification.

Background

Botswana was formerly the British protectorate of Bechuanaland. The country adopted its new name after becoming independent within the Commonwealth on 30 September 1966.

Botswana has been a member of the Berne Convention since 15 April 1998, the WIPO treaty since 27 January 2005 and the World Trade Organization since 31 May 1995, as well as a signatory to various other international treaties.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright & Neighboring Rights Act, 2000 (Act No. 6 of 2006) as the main IP law enacted by the legislature of Botswana. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under Act 6 of 2006,

• Copyright in individual works is protected 50 years from the death of the author.^{[2006 Section 10.1]}
• For joint works, copyright is protected for 50 years from death of the last surviving author.^{[2006 Section 10.2]}
• For collective works and audiovisual works copyright is protected 50 years from the date of publication.^{[2006 Section 10.3]}
• For anonymous works or pseudonymous works copyright is protected 50 years from the date of publication.^{[2006 Section 10.4]}
• For works of applied art, copyright is protected for 25 years from creation.^{[2006 Section 10.5]}

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.^{[2006 Section 10.6]}

Not protected

Under Act 6 of 2006, no protection shall extend to (a) any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; (b) any official text of a legislative, administrative or legal nature, as well as any official translation thereof; (c) a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme; or (d) a sound recording or film which is, or to the extent that it is, a copy of a previous sound recording or film.^{[2006 Section 6.2]}

Freedom of panorama

 Not OK: The Act of 2006 makes no provision for freedom of panorama other than "the reproduction and the broadcasting or other communication to the public, for the purpose of reporting current events, of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose;"^{[2006 Section 18.b]}

See also

• Category:Botswanan FOP cases

Citations

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:Brazil

Brazil

Copyright rules: Brazil Shortcut: COM:BRAZIL
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes with caveats
Terms run to year end	Yes
Common licence tags	{{PD-Brazil-media}} {{PD-Brazil-URAA}} {{PD-BrazilGov}}
ISO 3166-1 alpha-3	BRA
Treaties
Berne convention	9 February 1922
Univ. Copyright Convention	13 January 1960
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
*‌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 Brazil relevant to uploading works into Wikimedia Commons. Note that any work originating in Brazil must be in the public domain, or available under a free license, in both Brazil 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 Brazil, refer to the relevant laws for clarification.

Background

Brazil became independent of Portugal in 1822 with the creation of the Empire of Brazil. The country became a presidential republic in 1889 following a military coup d'état.

Brazil has been a member of the Berne Convention since 9 February 1922, the Universal Copyright Convention since 13 January 1960 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended by Law No. 12.853 of August 14, 2013) as the main IP law enacted by the legislature of Brazil. WIPO holds the text of this law in their WIPO Lex database. The Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended up to Law No. 10.196 of February 14, 2001) is also relevant.

General rules

According to Brazilian Copyright law of 1998,

• The author has the exclusive right to use his literary, artistic or scientific work, to derive benefit from it and to dispose of it.^{[9.610/1998 Article 28]}
• The author's economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law.^{[9.610/1998 Article 41]}
• Where a literary, artistic or scientific work of joint authorship is indivisible, the term of protection provided for in the foregoing Article shall be calculated from the death of the last surviving joint author.^{[9.610/1998 Article 42]}
• The term of protection of economic rights in anonymous or pseudonymous works shall be 70 years counted from the first of January of the year following that of the first publication.^{[9.610/1998 Article 43]} The provisions of Articles 41 apply where the author makes his identity known before the expiry of the period referred to in the introduction to this Article.* The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure.^{[9.610/2013 Article 44]}
• In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain.^{[9.610/1998 Article 45]}:
  • I. the works of authors deceased without heir;
  • II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
• The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organization, and public performance in other cases.^{[9.610/1998 Article 96]}

The old copyright of 1973 provided that copyright lasted for the life of the author and 60 years after their death. However, it also provided that the children, parents, and the spouse of the author benefited of the rights for life, even if it exceeded the 60 years. The copyright law of 1998 did not extend copyright in works where the life+60 years terms had already expired. For instance, the estate of Graciliano Ramos relied on this provision to extend their rights beyond 2024 (Ramos died in 1953). Ramos' last living daughter died in 2022, and in December 2023, the Ramos family complied with Brazilian law.

Government works

Under the Berne Convention, Article 2.4, It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts. The convention was implemented by Federal Decree nº 75.699 of 1975 but the decree does not address the issue. Some freedom of access was defined in 1988 with the new Federal Constitution,

• Article 5 (XIV) – access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity.
• Article 216 (Para 2) It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so.

In 1998 the exclusion from copyright protection of these types of work was expressed by article 8, items I and IV of the Copyright law. It excludes legislative and judicial documents, but not all works (ex. cited maps, tables, etc.) created by the federal government.

See {{PD-BrazilGov}}. Note: a special clause must be added to the CC0 implicit license of legislative documents that obliges copiers to add a red notice saying "This text does not replace the original published in the Official Gazette".

URAA: Uruguay Round Agreements Act

See {{PD-Brazil-URAA}} for compatibility between the United States Uruguay Round Agreements Act and works in the public domain in Brazil.

Photos

All photographic works produced until 19 June 1998 follow the 1973 Brazilian copyright law, which deemed Public Domain works not considered to be "artistic creations". This includes documentary photography in general (commercial or not), as well as non-artistic photographic portraits. {{PD-Brazil-Photo}} should be used for those cases. Some examples to help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

• OK The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique"
  TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (2006): "não se considera criação artística as fotografias tiradas por profissional do ramo que retratam de forma manifestamente singela, sem o emprego de qualquer técnica diferenciada, o frontispício de um edifício residencial e a vista parcial da cidade, em observância a contrato de prestação de serviços entabulado com empresa do ramo imobiliário e com destino publicitário previamente ajustado entre as partes"
• OK Mere documental, descritive photographs in general, such as photographs documenting social reunions:
  TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (2006): ""mera documentação fotográfica, sem caráter artístico, afasta a incidência do direito de autor, "... tornando possível o uso de terceiro sem menção do nome do fotógrafo, pois, conforme lei brasileira, somente a fotografia artística (pela escolha do objeto e condiçõe de execução) se inscreve dentre as obras protegidas." (...) [segue exemplo ilustrativo] fotografias documentárias de reuniões sociais - Autor que na época estava do desempenho de funções junto ao réu - Inexigível a referência ao nome do fotógrafo por não se tratar de trabalho artístico - Falta de originalidade, criatividade, valor estético ou de furo de documentação "
• OK
  TJ-PR - Apelação Cível : AC 946589 PR Apelação Cível - 0094658-9 (2000) "As fotografias destinadas a documentos de identidade, produzidas por máquinas automáticas, não são obras artísticas. (...) Também não devem alcançar a proteção do direito de autor as fotografias meramente técnicas, em que se procura uma reprodução tal qual de certo objetivo, sem a menor preocupação artística."
•  Not OK
  TJ-MG : 2933464 MG 2.0000.00.293346-4/000(1) (2000) "as fotos [...] denotam caráter artístico, caracterizando-se pela originalidade, criatividade e técnica da sua autora, elementos que dela não se podem excluir como reveladores, a princípio, de uma obra de arte. Não são elas, como pretende o apelante, meras constatações ou reproduções de imagens para fins publicitários, ou instantâneos comuns"

Copyright tags

Simplified flowchart for licensing in the context of Brazil

• {{PD-BrazilGov}} – for works published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983, or the text of a treaty, convention, law, decree, regulation, judicial decision, or other official enactment.
• {{PD-Brazil-Photo}} - Non-artistic photographs produced until 19 June 1998.
• {{PD-Brazil-media}} – for Brazilian photographs and audiovisual works first published more than 70 years ago.
• {{PD-Brazil-URAA}} – for Brazilian photographic works published/created before 1998, whose author died before 1936, or anonymous works published before 1936.
• {{PD-BR-1935}} – for Brazilian audiovisual works created before 1936 that entered the public domain 60 years after creation.
• {{Arquivo Nacional PD-license}} – for works preservated by the Brazilian National Archives.

See also Category:License tags attribution from Brazil, for example:

• {{Attribution-NavyofBrazil}} – for some works published by the Brazilian Navy.

Currency

OK

Under the Copyright Law, all works subsidized by the Union are in the public domain.^{[9.610/2013 Article 6]} According to the Industrial Property Law of 1996,

• The following are not registrable as marks: ... reproductions or imitations of titles, policies, coins, and paper currency of the Union, the States, the Federal District, the Territories, the Municipalities, or of a country.^{[9.279/1996 Art.124(XIV)]}
• However, the law prohibits reproducing or imitating, in whole or in part and in a way that may induce error or confusion, coats of arms, escutcheons, or national, foreign or international official badges, without the necessary authorization, in a mark, title of establishment, trade name, insignia or advertising sign, or using such reproductions or imitations for economic purposes.^{[9.279/1996 Art.191]}

Please use: {{Money-BR}}.

Illegal graffiti

OK Graffiti in Brazil produced without the authorization of the owner of the place where the artwork is installed is not subject to copyright.

Freedom of panorama

OK, {{FoP-Brazil}} with caveats. Freedom of panorama is allowed in Brazil, including commercial use, to some extent. According to the Copyright Law 9.610 as of 2013,

• Works permanently located in public places may be freely represented by painting, drawing, photography and audiovisual processes.^{[9.610/2013 Article 48]}

Representation is allowed, but reproduction is forbidden. Works of art placed in locations with access to the public can be freely represented by photography, painting, drawing and audiovisual means, to the extent that it does not reproduce the artwork. Commercial use is allowed, as long as the artist's work is properly attributed and the representation does not consist of a reproduction. The existing jurisprudence consistently allows commercial use of artworks under freedom of panorama, as long as the artwork is accessory, and is not detached from its surrounding elements, and therefore not unfairly used to produce revenue that by law belongs to the artist.

According to the available jurisprudence, and the ongoing debate about Article 48 in Brazil, "Public places" means "places available to the public", including private property and building interiors. Lawyer Marcelo Frullani Lopes says on the question of commercial use of representations of the Rio de Janeiro iconic landmark Christ the Redeemer: "although the area is privately owned, public access to the site is not restricted. One cannot ignore, also, that the Christ Redeemer is part of the landscape of Rio de Janeiro. From this point of view, the place where the work is located must be considered a public place."

Examples of public places quoted in a 2017 court case include squares, gardens, sidewalks, parks, avenues, streets, museums, cultural entities.

Article 48 of Law nº 9.610 of February 19, 1998 must be interpreted with other articles of the law, as established by case law.

• Article 5 of Federal Constitution of Brazil states: XXVII – the exclusive right of use, publication or reproduction of works rests with their authors and is transmissible to their heirs for the time the law shall establish.
• Under the Copyright Law as of 2013, unless otherwise agreed, the author of a work of art, when disposing of the object in which it materializes, transmits the right to exhibit it, but does not transmit to the acquirer the right to reproduce it.^{[9.610/2013 Article 77]} Authorization to reproduce a work of art in any form must be in writing and is assumed to be costly (se presume onerosa).^{[9.610/2013 Article 78]}

Sample freedom of panorama court cases

Statue of Christ the Redeemer in Rio de Janeiro

• In Frederico George Barros Day vs. Edipress (2016): A mural in a public alley was represented by photography in a commercial publication, deformed and without attribution. The court considered the artwork was not being used in a way that took away revenue from the artist, even by being in a commercial publication. However, it considered that the artist's moral rights were violated due to lack of attribution and misrepresentation of the work in an improper way (deformed mural), causing damage to his reputation. An indemnization was granted.
• In a more recent case involving the same artist, Frederico George Barros Day (graffiter) vs. Editora Abril (2017), the artwork was reproduced on magazine covers, without attribution and with clear commercial intent, due to freedom of panorama being confused with Public Domain. An indemnization was granted.
• In Ricardo Fernandez Costa (artist) vs. Leo Burnett Publicidade Ltda (2017): Use of mural graffiti placed in a public alley in publicity campaign for shopping center, the court considered there was no breach of moral or material rights of the author, and that the use was allowed under Article 48.
• Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol - CBF & Outplan Sistemas (2017) concerned representation of the artist's sculpture "Araras" in tickets sold for a soccer game. Commercial use of the representation was considered by the court to be covered by freedom of panorama as it was not detached from its landscape.
• This differs from Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, where a statue was detached from its surroundings on commercialized phone cards.
• In Frederico George Barros Day (graffiter) vd. Edições Globo Conde Nast, commercial use of a representation of the mural in a fashion presentation was deemed to be correct under Article 48, as it was contained within the street landscape.
• In the Panda / Mochilheira case (2015), commercial use of a representation of a mural in a fashion presentation was deemed to be correct under Article 48. Use of the "Panda" mural as background for the Mochilheira fashion show was deemed by the court to be accessory, and therefore covered by Article 48.
• In Camila Pavanelli & others (mural artists/graffiters) vs. Lew’lara/TBWA Publicidade Propaganda, casual presence of artwork in a commercial spot was not in breach of the law under Article 48.
• In a much quoted 2011 court case, Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, commercial use of representations of sculptures in a public place was deemed to be unlawful in court. On the phone cards being sold, the sculptures had been detached from their surrounding elements, which was considered to be in breach of Article 48. The court case lasted from 2007 to 2011, dealing with use of representations of sculptures placed in a public place in phone cards sold by the phone operator. The sculptures had been detached from their surrounding elements, which was considered to violate the spirit of Article 48. Of the three judges that voted on the final sentence, two considered that Article 48 does not cover commercial use of representations of artworks, when that representation was only about the artwork. The third judge considered that commercial use was allowed by Article 48, even when the only represented subject was the artwork.
• Compare the above with Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol, where the commercial use of an image of an artwork under copyright was considered to be covered by Article 48, as unlike this case, it had not been detached from its surrounding elements.
• The situation was repeated in 2016, when a representation of a house on a commercial product was detached from its surrounding elements and used commercially by a paint manufacturer without consent by the architect, and without proper attribution.
• Other cases, in particular related to Rio de Janeiro's iconic Christ the Redeemer which has been widely used commercially, have been quoted in court and in technical opinions to support the notion that Article 48 does indeed allow for free and unrestricted representation of works of art in public places.
• In a 2017 juridical technical opinion, statues in public squares used in selling products were presented as an example of what is covered by Article 48. Recent jurisprudence related to Article 48 reinforces the notion that freedom of panorama in Brazil cannot be used in any way that provenly takes or diverts revenue that by right would belong to the artist.
• In 2016, a controversial court case arose about a paint brand who used the representation of a copyrighted architectural work (house) to sell the paints, without attributing the work, and under the payment of a fee to the house owners (not the copyright holders). While the court considered the commercial use of the artwork representation unlawful, and granted compensation to the copyright holder, it based its sentence on the fact that there was payment for the use of the specific artwork to someone who was not the copyright holder of the work, thus taking away revenue from the artist and damaging his rights. The court also emphasized the architect's moral rights violation, from commercializing his work without properly attributing it, and said this fact alone was enough to warrant compensation.
  • Use of the above decision to imply an interpretation of Article 48 as forbidding commercial use in general is disputed and contradicted by other evidence.
  • Also, in this case, the image of the house on the commercialized product was detached from its surrounding elements.
  • The Superior Court has written, "The point is not merely representation of the surroundings of the architectural work, but of representation of the architectural work solely for the purpose of profit."
• In any case, the ongoing debate on Brazilian jurisprudence over Article 48 is limited to the resulting financial damage to the artist, which has to be consistently demonstrated by palpable proof, and not to the use of artwork representations.
• More recently, in June 2018, a 2nd instance Brazilian court affirmed the a hospital had the right to commercially use the image of the Rio de Janeiro Monument of the Redeemer even without any landscape context. "Article 48 of Law 9.610/98 in its literal sense authorizes the free representation of works located permanently in public places, and does not require maintenance of the landscape context."

Stamps

Before 1983

use {{PD-BrazilGov}}

After 1983

Threshold of originality

There are some court cases related to threshold of originality in Brazil. According to one study, and the court decisions contained in it, the concept of creativity in Brazil is way more strict and exigent than in the United States, and consequently the threshold of originality is considerably higher than the United States, which is the general reference in Commons. Examples:

• OK. In the case of Boneco de Preço Miúdo (2011), puppets that were a tridimensional and humanized version of a logo were deemed by the court to lack enough originality to be protected. The court considered that there was no originality or unpublished work in the puppets because they represented an already existing symbol (the supermarket's logo), and that there were already previous 3D and humanized versions of that logo. The court did not grant any value nor legal protection to the specific 3D and humanized version of the logo in question, and called it something like a "stylization subordinate to a previous idea".
• OK. Copyright for compilations/ reorganizations of already existing elements has often been rejected on court, hinting that the threshold for what constitutes an "intellectual creation" in this respect is quite high in Brazil.
• OK. Slogans are generally acceptable. In rare occasions they may be protected, when there is such a level of creativity as to attain the level of a literary work. For example, in the Guerra das Moedas court case (2013), copyright in the expression was not recognized by the court. The verdict stated that the language is the cultural patrimony of the people, so language expressions can't be protected by law. The Rede Globo vs. Ronaldo Ciambroni case was similar.

Some examples help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

• OK. The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique". The court ruled: "photographs are not considered artistic creations ... that portray in a manifestly simple way, without use of any differentiated technique, the front of a residential building and a partial view of the city, under a service contract with a real estate business with a predefined advertising purpose"
• OK. Simple documentary, descriptive photographs in general, such as photographs documenting social reunions: In SC-AC 111630 SC 2002.011163-0 (2006): "mere photographic documentation, without artistic character, does not qualify for copyright ... making it possible to use a copy without mention of the photographer's name, since, according to Brazilian law, only artistic photography (by choice of the object and conditions of execution) is listed among protected works. ... [for example] with documentary photographs of social gatherings, where the author was performing duties for the defendant, a reference to the photographer's name is not required because it is not an artistic work..."
• OK. A 2000 ruling stated: "Photographs for identity documents, produced by automatic machines, are not artistic works. ... Neither should purely technical photographs, which reproduce a certain object without the slightest artistic concern, be protected by copyright."
•  Not OK Another 2000 decision stated: "the photos [...] have an artistic character characterized by the originality, creativity and technique of its author, elements that reveal ... a work of art. They are not, as the appellant claims, mere reproductions of images for advertising purposes, or common snapshots."

Puppets who were a tridimensional and humanized version of this logo were deemed in court to lack enough originality to be protected.

See also

• Brasil
• Category:Brazilian FOP cases
• Category:License tags of Brazil
• Category:Stamps of Brazil

Citations

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:Brunei

Brunei

Copyright rules: Brunei Shortcut: COM:BRUNEI
Durations
Standard	Life + 50 years
Anonymous	Create + 50 years
Audiovisual	Create/publish + 50 years
Other
Freedom of panorama	For 3D works and "works of artistic craftsmanship"
Common licence tags	{{PD-Brunei}}
ISO 3166-1 alpha-3	BRN
Treaties
Berne convention	30 August 2006
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	2 May 2017
*‌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 Brunei (officially, the Brunei Darussalam) relevant to uploading works into Wikimedia Commons. Note that any work originating in Brunei must be in the public domain, or available under a free license, in both Brunei 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 Brunei, refer to the relevant laws for clarification.

Background

The Bruneian Empire once controlled a large part of the island of Borneo, but in the 19th century lost most of its territory to the Dutch and British. In 1888 what remained of Brunei became a British protectorate. Brunei regained independence on 1 January 1984.

Brunei has been a member of the Berne Convention since 30 August 2006, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 2 May 2017.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Emergency (Copyright) Order, 1999 as the main copyright law issued by the Executive of Brunei. WIPO holds the text of this law in their WIPO Lex database.

General rules

A work first published in Brunei will be in the public domain because its copyright protection has expired by virtue of the Emergency (Copyright) of 1999 if it meets one of the following criteria:

• Literary, dramatic, musical or artistic works:
  • Computer-generated: 50 years from creation.^{[1999 14(3)]}
  • Anonymous/pseudonymous: 50 years from creation.^{[1999 14(2)]}
  • Other: 50 years from death of (last known) author(s).^{[1999 14(1)]}
• Sound recording or film: 50 years from publication or creation (whichever date is later) ^{[1999 Sec.15]}
• Broadcast or cable program: 50 years from publication.^{[1999 Sec.16(1)]}
• Government work
  • Published with 75 years of creation: 50 years from publication.^{[1999 167(1)(3)(b)]}
  • Otherwise: 125 years from creation.^{[1999 167(1)(3)(a)]}
• Legislative council work: 50 years from creation.^{[1999 169(3)]}
• Act or order
  • 50 years from assent of an act.^{[1999 168(2)]}
  • 50 years from creation of an emergency order.^{[1999 168(3)]}

Copyright tags

• {{PD-Brunei}}

Freedom of panorama

OK for 3D works and works of artistic craftsmanship = {{FoP-Brunei}}.  Not OK for 2D graphic works.

Under the Emergency (Copyright) Order, 1999 of Brunei Darussalam,

• It is not a copyright infringement to make graphic representations, take photographs, broadcast the images of buildings, sculptures, models for buildings and works of artistic craftsmanship given that the object is permanently situated in a public place, nor to reproduce aforementioned works to the public.^{[1999 Section 66]}
• "Work of artistic craftsmanship" is defined separately from "graphic work".^{[1999 Section 6]} "Graphic work" includes any painting, drawing, diagram, map, chart or plan, and any engraving, etching, lithograph, woodcut or similar work.^{[1999 Section 6]} These works are not covered by the Section 66 exception.^{[1999 Section 66]}

Citations

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:Bulgaria

Bulgaria

Copyright rules: Bulgaria Shortcut: COM:BULGARIA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Terms run to year end	Yes
Common licence tags	{{PD-BG-exempt}} {{PD-BulgarianGov}} {{PD-BGMFA}}
ISO 3166-1 alpha-3	BGR
Treaties
Berne convention	5 December 1921
Univ. Copyright Convention	7 June 1975
WTO member	1 December 1996
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌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 Bulgaria relevant to uploading works into Wikimedia Commons. Note that any work originating in Bulgaria must be in the public domain, or available under a free license, in both Bulgaria 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 Bulgaria, refer to the relevant laws for clarification.

Background

Bulgaria was part of the Ottoman Empire for many years. The Principality of Bulgaria became an autonomous state after the Russo-Turkish War of 1877–78. On 5 October 1908 Bulgaria declared its independence as the Kingdom of Bulgaria.

Bulgaria has been a member of the Berne Convention since 5 December 1921, the Universal Copyright Convention since 7 June 1975, the World Trade Organization since 1 December 1996 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Neighboring Rights (as amended up to 2011) as the main IP law enacted by the legislature of Bulgaria. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the Law on Copyright and Neighboring Rights (as amended up to 2023),

• Copyright shall be protected for the life of the author and 70 years after his death.^{[2023 Article 27(1)]}
• In the case of works created by two or more authors the term specified in para 1 shall run from the death of the last surviving author.^{[2023 Article 27(2)]}
• Copyright in anonymous or pseudonymous work shall expire 70 years after the work has been first made available to the public.^{[2023 Article 28]}
• Copyright in a film or other audio-visual work shall expire 70 years after the death of the last surviving among the director, the scriptwriter, the operator, the author of the dialogue and the author of the music if it has been created especially for the film.^{[2023 Article 29]}
• Copyright in encyclopaedias, periodicals and other works shall expire seventy years after making them available to the public. Where the author is disclosed, Article 27 applies.^{[2023 Article 30]}

The terms defined above begin on the first of January of the year following the year of the death of the author or in which the work was created, made available to the public or published, as applicable.^{[2023 Article 31]}

Not protected

The following are not considered subject matter of copyright:^{[2023 Article 4]}

1. normative and individual acts of state administration bodies, acts of courts, as well as their official translations;
2. ideas and concepts;
3. works of folklore;
4. news, facts, information and data.
5. materials obtained by reproduction of works referred to in Art. 5 - 10 with an expired term of copyright.

In particular, this applies to various documents, e.g. certificates, issued by units of the Bulgarian armed forces, including historical ones, like the Macedonian-Adrianopolitan Volunteer Corps (MAVC). In these cases it is advisable to use appropriate “author” templates if such exist, e.g. {{Author-MAVC}} for MAVC.

Copyright tags

• {{PD-BG-exempt}} – for works exempt from copyright under Bulgaria law.
• {{PD-BulgarianGov}} – for government works exempt from copyright under Bulgaria law.
• {{PD-BGMFA}} — for works published on the website of the Bulgarian Ministry of Foreign Affairs.
• {{President.bg}} — for works published on the website of the Administration of the President of the Republic of Bulgaria.

Currency

 Not OK. The Bulgarian National Bank requires written permission for reproduction of Bulgarian banknotes and coins of all emissions in physical or electronic form.

Freedom of panorama

 Not OK, non-commercial uses only of images of permanent works in public spaces. {{NoFoP-Bulgaria}}. Under the Law on Copyright and Neighboring Rights (as amended up to 2011):

• Art. 24. (amend. - SG 77/02, in force from 01.01.2003) (1) Without consent of the owner of the copyright and without payment of compensation shall be permissible:
  • 7. use of works, permanently exhibited at streets, squares and other public places without mechanical contact copying, as well as wireless broadcasting or transmitting by cable or other technical device, if done with informatory or other non-commercial purpose.^{[2011 Article 24(7)]}

Notes:

1. Please tag Bulgarian no-FoP deletion requests: <noinclude>[[Category:Bulgarian FOP cases/pending]]</noinclude>
2. "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

• България
• Category:Bulgarian FOP cases
• Category:License tags of Bulgaria

Citations

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:Burkina Faso

Burkina Faso

Copyright rules: Burkina Faso Shortcut: COM:BURKINA FASO
Durations
Standard	Life + 70 years
Anonymous	Create/publish + 70 years
Audiovisual	Publish + 70 years
Collective	Publish + 70 years
Applied art	Create + 30 years
Other
Freedom of panorama	No
Common licence tags	{{PD-Burkina Faso}}
ISO 3166-1 alpha-3	BFA
Treaties
Berne convention	19 August 1963
Bangui Agreement	1 June 1983
WTO member	3 June 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌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 Burkina Faso relevant to uploading works into Wikimedia Commons. Note that any work originating in Burkina Faso must be in the public domain, or available under a free license, in both Burkina Faso 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 Burkina Faso, refer to the relevant laws for clarification.

Background

Burkina Faso was colonized by the French in the late 19th century, named Upper Volta after the Volta River. It became self governing as the Republic of Upper Volta in 1958 and fully independent on 5 August 1960. Burkina Faso took its present name in 1984.

Burkina Faso has been a member of the Berne Convention since 19 August 1963, the World Trade Organization since 3 June 1995 and the World Intellectual Property Organization Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 032-99/AN of December 22, 1999, on the Protection of Literary and Artistic Property as the main IP law enacted by the legislature of Burkina Faso. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the 1999 law,

• Economic rights in a work of the mind shall be protected during the author’s lifetime and 70 years after his death.^{[1999 Article 34]}
• Rights in a collaborative work are protected during the lifetime of the last surviving author and for 70 years after his death.^{[1999 Article 35]}
• Rights in an anonymous work or pseudonymous work are protected until 70 years have passed since the date of its creation or publication, whatever date is the latest.^{[1999 Article 36]}
• Rights in a collective work, audiovisual or radio work are protected until 70 years have passed since the date of its creation, or 70 years from its publication if published within 70 years of creation.^{[1999 Article 37]}
• Rights in a work of applied art expire after 30 years have passed since the date of its creation.^{[1999 Article 38]}

The protection of copyright does not cover official texts of a legislative, administrative or judicial nature or their official translations.^{[1999 Article 8]}

Traditional cultural heritage

See also: Commons:Paying public domain

Expressions of traditional cultural heritage, the authors of which are not known but where it is reasonable to presume they are nationals of Burkina Faso, are part of the national heritage, as are expressions of traditional cultural heritage where the authors are known and have been dead for more than 70 years.^{[1999 Article 88]} Publication, reproduction and distribution or public recitation, performance or transmission of expressions of traditional cultural heritage in the national heritage is subject to authorization where expressions are used with gainful intent and outside their traditional or customary context.^{[1999 Article 91]} The authorization shall be granted subject to payment of a royalty, whose proceeds shall, after management fees have been levied, be paid into a fund for cultural promotion.^{[1999 Article 93]}

Currency

Shortcut

• COM:CUR Burkina Faso

See also: Commons:Currency

 Unsure West African CFA franc used in Burkina Faso has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law, but it is not known if it also applies to West African CFA franc.

See also: COM:CUR France

Freedom of panorama

 Not OK, noncommercial only: the Burkinabe freedom of panorama is limited only to noncommercial purposes (which is incompatible with Commons:Licensing). However, a photo that only incidentally includes architecture or sculpture should be fine.

• In derogation of the author’s rights, reproducing, broadcasting or communicating to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art which is permanently located in a place open to the public shall be permitted, except where the image of the work is the main subject of such reproduction or communication and where it is used for commercial purposes.^{[1999 Article 25]}

See also

• Category:Burkinabe FOP cases

Citations

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

Burma

see Myanmar

Text transcluded from
COM:Burundi

Burundi

Copyright rules: Burundi Shortcut: COM:BURUNDI
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Create/publish + 50 years
Collective	Create/publish + 50 years
Posthumous	Create/publish + 50 years
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Burundi}}
ISO 3166-1 alpha-3	BDI
Treaties
Berne convention	12 April 2016
WTO member	23 July 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	12 April 2016
*‌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 Burundi relevant to uploading works into Wikimedia Commons. Note that any work originating in Burundi must be in the public domain, or available under a free license, in both Burundi 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 Burundi, refer to the relevant laws for clarification.

Background

Burundi was an independent kingdom until the beginning of the 20th century, when Germany colonised the region. After World War I Germany ceded the territory to Belgium, which administered it as part of the territory of Ruanda-Urundi. Burundi and Rwanda became independent countries in 1962.

Burundi has been a member of the World Trade Organization since 23 July 1995, the Berne Convention since 12 April 2016, and the WIPO treaty since 12 April 2016.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed "Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi" as the main copyright law enacted by the legislature of Burundi. WIPO holds the text of this law in their WIPO Lex database.

Applicability

Copyright is the exclusive right of the author of a literary or artistic work that is an original intellectual creation.^{[Act 1/021 2005 Article 2]} Copyright protection is not subject to any formalities.^{[Act 1/021 2005 Article 3]}

Literary and artistic works

These include: (a) books, pamphlets and other writings, including computer programs; (b) conferences, speeches, sermons and other similar works; (c) dramatic and dramatico-musical works; (d) musical works, with or without a written form and with or without accompanying words; (e) choreographic works and pantomimes; (f) audiovisual works; (g) works of drawing, painting, architecture, sculpture, engraving, lithography and tapestry; (h) photographic works, including works made by means similar to the photographic process; (i) works of applied art, whether handicraft works or works produced by industrial processes; (j) illustrations, maps, plans, sketches and three-dimensional works relating to geography, topography, architecture and science.^{[Act 1/021 2005 Article 4]}

Derived works

Copyright also applies to (a) translations, adaptations, musical arrangements and other transformations of a literary or artistic work; (b) collections of works and data in machine-readable or other form which, by reason of the selection, organization or arrangement of their contents, are original; (c) original works derived from folklore.^{[Act 1/021 2005 Article 5]}

Collective work

"Collective work" means a work created on the initiative of a natural person or legal entity who edits, publishes and discloses it under his own direction and in his own name and in which the personal contributions of various authors who take part in the writing of it merge into the whole for which they have been designed, so that it is impossible to attribute to each of them a distinct right over the whole that is created;^{[Act 1/021 2005 Article 1/k]}

• A collective work shall be the property of the natural person or legal entity on whose initiative it is designed and under whose name it is disclosed. Copyright shall vest in such person.^{[Act 1/021 2005 Article 15]}
• A press company shall acquire the right to publish, in the newspaper, magazine or periodical for which the author or authors work, the articles, drawings, photographs and other productions provided by the employees under a contract of employment, while the authors shall retain the other rights protected under this Act.^{[Act 1/021 2005 Article 11]}

Not protected

Copyright protection shall not apply to: (a) acts, legal decisions and decisions of administrative bodies and the official translations of such texts, or daily news published, broadcast or communicated in public; (b) ideas, procedures, systems, methods of operation, concepts, principles, discoveries or mere data, even if expressed, described, explained, illustrated or embodied in a work.^{[Act 1/021 2005 Article 7]}

Duration of copyright

All durations are from the end of the year of the relevant event.

• Copyright shall subsist for the lifetime of the author and for the 50 calendar years from the year of his death.^{[Act 1/021 2005 Article 58]}
• A work of joint authorship ... shall be protected during the lifetime of the last surviving joint author and for 50 years after his death.^{[Act 1/021 2005 Article 59]}
• A work published anonymously or under a pseudonym shall be protected for a period of 50 years from the year in which the work was first published, or, failing such an event within 50 years from the making of the work, 50 years from the year in which the work was made accessible to the public, or, failing such events within 50 years from the making of the work, 50 years beginning from the year of such making.^{[Act 1/021 2005 Article 60]}
• A collective, audiovisual or posthumous work shall be protected for a period of 50 years from the year in which the work was lawfully published for the first time, or, failing such an event within 50 years from the making of the work, 50 years from the year in which the work was made accessible to the public, or, failing such events within 50 years from the making of the work, 50 years from the year of such making.^{[Act 1/021 2005 Article 61]}
• A work of applied art shall be protected for a period of 25 years beginning from the making of the work.^{[Act 1/021 2005 Article 62]}
• A work originally belonging to a legal entity ... shall be protected for a period of 50 years beginning from the date on which the work was lawfully made accessible to the public.^{[Act 1/021 2005 Article 63]}

Right of privacy

Neither the author nor the owner of a portrait shall have the right to reproduce or exhibit it in public without the consent of the person portrayed or of his assignees, for a period of 20 years after his death.^{[Act 1/021 2005 Article 12]}

Domaine Public Payant

See also: Commons:Paying public domain

Burundi Act 1/021 2005 Article 25 says:

• Works in the public domain shall be placed under the protection of the State, represented by the Ministry in charge of culture.
• The public representation or performance or the direct or indirect fixation of works in the public domain and of works exclusively composed of elements borrowed from works that have fallen into the public domain, with a view to exploitation for profit, are subject to regulations on royalties under conditions that shall be determined by an order of the Ministry in charge of culture.
• The revenue from the collection of royalties for the use of works in the public domain shall be devoted to social and cultural purposes.

Freedom of panorama

 Not OK: the Burundian freedom of panorama is not free enough to allow publications of images of protected works of architecture and public art in commercial media like advertisements and websites, thus does not meet with Commons:Licensing. See also a related discussion here.

Under Burundi Act 1/021 2005 Article 26/4:

• The reproduction of works of art or of architecture through cinematography or television and the communication of such works to the public if such works are permanently located in a place where they can be viewed by the public or are included in the film or program by way of background or as incidental to the essential matters represented.
• Similarly, the reproduction of works of architecture through photography, cinematography, television or any other similar process, in addition to the publication of corresponding photographs in the press, periodicals and textbooks, shall be free and may not give rise to copyright payment.

Stamps

Stamps are not included among the types of work for which copyright does not apply.^{[Act 1/021 2005 Article 7]} If the author is known, a stamp would be protected for life + 50 years.^{[Act 1/021 2005 Article 58]} Otherwise, as an anonymous or collective work it would be protected for publication + 50 years.^{[Act 1/021 2005 Article 60–61]}

Citations

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

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