Commons:Copyright rules by territory/Consolidated list Caribbean

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This page gives overviews of copyright rules in different countries or territories of the Caribbean, as defined in the United Nations geoscheme for the Americas. It is "transcluded" from individual pages giving the rules for each country or territory. The list may be used for comparison or maintenance.

Text transcluded from
COM:Anguilla

Anguilla

Other region, e.g. dependency, union, former country

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

Background

[edit]

Anguilla was colonized by English settlers from Saint Kitts in the 17th century. In 1967 Britain granted full internal autonomy to Saint Christopher-Nevis-Anguilla. In 1980, Anguilla seceded from Saint Kitts and Nevis and become a separate British Crown colony. Anguilla is now a British Overseas Territory, with legislative power vested in both the government and the House of Assembly.

The governing copyright law appears to be Chapter C120 Copyright Act (Act 3/2002) as at 15 December 2002.[1]

General

[edit]

Under the Chapter C120 Copyright Act as at 15 December 2002,

  • Subject to subsections (2) to (5), the economic and moral rights of the author shall be protected during the life of the author and for 50 years after his death.[C120-2002 Sec.15(1)]
  • In the case of a work of joint authorship, the economic and moral rights of the authors shall be protected during the life of the last surviving author and for 50 years after his death.[C120-2002 Sec.15(2)]
  • In the case of a collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights to the work shall be protected for 50 years from the date on which the work was either made, first made available to the public, or first published, whichever date is the latest.[C120-2002 Sec.15(3)]
  • In the case of a work published anonymously or under a pseudonym, the economic and moral rights to the work shall be protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest, but, where the author’s identity is revealed or is no longer in doubt before the expiration of that period, subsection (1) or (2) shall apply, as the case may be.[C120-2002 Sec.15(4)]
  • In the case of a work of applied art, the economic and moral rights to the work shall be protected for 25 years from the making of the work.[C120-2002 Sec.15(5)]
  • Every period provided for under subsections (1) to (5) shall run to the end of the calendar year in which it would otherwise expire.[C120-2002 Sec.15(6)]

Not protected

[edit]
  • No protection shall extend under this Act 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; or (b) any official text of administrative or legal nature or to any official translation thereof.[C120-2002 Sec.4(1)]
  • In paragraph (1)(b), “official text of administrative or legal nature” does not include an Act of the Legislature of Anguilla or a regulation under such an Act.[C120-2002 Sec.4(2)]

Freedom of panorama

[edit]

 Not OK The Copyright Act as of 2002 makes no provision for freedom of panorama.

Under Section 7, subsection (1), a single reproduced copy of a published work is permitted without permission from the author or copyright holder, if the reproduction is done privately by a natural person for personal purposes only.[C120-2002 Sec.7(1)]

See also

[edit]

Citations

[edit]
  1. Chapter C120 Copyright Act as at 15 December 2002. Attorney General of Anguilla. Retrieved on 2019-03-14.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Antigua and Barbuda

Antigua and Barbuda

This page provides an overview of copyright rules of Antigua and Barbuda relevant to uploading works into Wikimedia Commons. Note that any work originating in Antigua and Barbuda must be in the public domain, or available under a free license, in both Antigua and Barbuda and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Antigua and Barbuda, refer to the relevant laws for clarification.

Background

[edit]

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

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

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

Durations

[edit]

Under the Copyright Act 2003,

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

De minimis

[edit]

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

Freedom of panorama

[edit]

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

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

Stamps

[edit]

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

See also

[edit]

Citations

[edit]
  1. a b Antigua and Barbuda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act 2003. Antigua and Barbuda (2003). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Aruba

Aruba

This page provides an overview of copyright rules of Aruba relevant to uploading works into Wikimedia Commons. Note that any work originating in Aruba must be in the public domain, or available under a free license, in both Aruba and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Aruba, refer to the relevant laws for clarification.

Background

[edit]

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

Standard rules

[edit]

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

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

Not protected

[edit]

No copyright protection is granted on:

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

Currency

[edit]

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

Freedom of panorama

[edit]

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

See also

[edit]

Citations

[edit]
  1. Bureau of Intellectual Property, Aruba (25 April 2007) Copyrights Answers[1]
  2. Banknotes and Coins. Centrale Bank van Aruba (2018). Retrieved on 2018-12-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Bahamas

The Bahamas

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

[edit]

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.[1]

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.[1] WIPO holds the text of this law in their WIPO Lex database.[2] 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.[3]

General rules

[edit]

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

[edit]

 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.[4]

Freedom of panorama

[edit]

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

[edit]
  1. a b Bahamas Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act, 1998 (CH.323) (as amended by the Copyright (Amendment) Act, Act No. 2 of 2004). Bahamas (2004). Retrieved on 2018-11-08.
  3. Chapter 323 Copyright. Bahamas Laws On-Line (2010). Retrieved on 2018-11-08.
  4. Statute Law of The Bahamas - Chapter 351- Central Bank of the Bahamas (2010).
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

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

[edit]

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.[1]

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.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

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

[edit]

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

[edit]

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

[edit]

Citations

[edit]
  1. a b Barbados Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act, 1998 (Cap. 300)(as revised up to 2006). Barbados (2006). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Bermuda

Bermuda

Other region, e.g. dependency, union, former country

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

Background

[edit]

The English Virginia Company settled Bermuda in 1609 through the wreck of the Sea Venture. In 1612, the company's Royal Charter was altered to officially include Bermuda within its geographic boundaries and settlers were despatched to the archipelago to join the three survivors remaining from the Sea Venture. Planning also began for an under-company, the Somers Isles Company, that administered Bermuda from 1615 to 1684, when the Crown revoked the company's Royal Charter and took over direct administration of the colony. Under the company, an elected legislature had been introduced in 1620 and an appointed Council, under a company appointed (Lieutenant-)Governor. The Crown left this system of local governance in place. Within the Empire, Bermuda was administratively part of British North America. Following the independence of the thirteen colonies that became the United States of America, Bermuda became an Imperial fortress, the most important British naval and military base in the Western Hemisphere, with the British Government taking more interest in its governance, though it generally respected the established delegation of competencies to the local Government. In 1981, British colonies, including Bermuda, were re-styled British Dependent Territories, a designation that caused much ire amongst colonials. Since 2002, this has been modified to British Overseas Territories. Bermuda is internally self-governing, and its government enacts local laws.

As of 2019, Bermuda Laws Online showed that the relevant law was the Copyright and Designs Act 2004.[1] The act is based on the Copyright Act 1956 of the United Kingdom as extended to Bermuda by the Copyright (Bermuda) Order 1962.[2004 Sec.3(1)]

General

[edit]

Under the Copyright and Designs Act 2004,

  • The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.[2004 Sec. 21(1)]
    • Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.[2004 Sec. 21(2)]
    • If the work is of unknown authorship, copyright expires at the end of the period of 70 years from the end of the calendar year in which the work was made; or if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available;[2004 Sec. 21(3)]
    • If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[2004 Sec. 21(7)]
    • For a work of joint authorship, copyright expires 50 years after the death of the last known author.[2004 Sec. 21(8)]
    • This section does not apply to Crown copyright, Parliamentary copyright or to copyright which subsists by virtue of section 203 (copyright of certain international organisations).[2004 Sec. 21(9)]
  • With respect to a sound recording, copyright expires at the end of the period of 50 years from the end of the calendar year in which it is made; or if during that period it is released, 50 years from the end of the calendar year in which it is released;[2004 Sec. 22(1)]
  • With respect to a film, copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons the principal director; the author of the screenplay; the author of the dialogue; or the composer of music specially created for and used in the film.[2004 Sec. 23]
  • Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service.[2004 Sec. 24]
  • Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.[2004 Sec.25]

Freedom of panorama

[edit]

OK for 2D copies of 3D works. Under section 86 of the Copyright and Designs Act 2004,

  • This section applies to (a) buildings; and (b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[2004 Sec.86(1)]
  • The copyright in such a work is not infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; or (c) broadcasting or including in a cable programme service a visual image of it.[2004 Sec.86(2)]
  • Nor is the copyright infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of the copyright.[2004 Sec.86(3)]

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:British Virgin Islands

British Virgin Islands

Other region, e.g. dependency, union, former country

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

Background

[edit]

The British Virgin Islands (BVI) is a British Overseas Territory in the Caribbean. The islands were colonized by the British in the 17th century. They islands gained separate colony status in 1960 and became autonomous in 1967. The BVI is self-governing, and its government enacts local laws.

According to Chambers and Partners as of 2019, the British Virgin Islands does not have its own copyright registry. The United Kingdom extended the Copyright Act, 1956 (WIPO copy) to the BVI by the Copyright (Virgin Islands) Order 1962 (SI No 2185 of 1962).[1]

General rules

[edit]

Under the Copyright Act 1956,

  • Copyright subsist­ing in a work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[1956 Sec.2(3), 3(4)]
  • If the work had not been made public before the death of the author, copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which it was made public.[1956 Sec.2(3), 3(4)]
  • Where the first publication of a literary, dramatic, or musical work. or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the work was first published, and shall then expire.[1956 2nd Sched. Sec.2]
  • The copyright in a photograph shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published, and shall then expire.[1956 Sec.3(4b)]

Freedom of panorama

[edit]

OK for architecture, sculptures, and works of artistic craftsmanship.  Not OK for other types of artistic works. The Copyright Act 1956 contains freedom of panorama provisions at Section 9, subsections 3–6, with similar rules as those of the United Kingdom freedom of panorama.

See also

[edit]

Citations

[edit]
  1. British Virgin Islands Law and Practice. Chambers and Partners. Retrieved on 2019-03-14.
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:Cayman Islands

Cayman Islands

Other region, e.g. dependency, union, former country

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

Background

[edit]

England took formal control of the Cayman Islands, along with Jamaica, in 1670. The islands were governed as part of the Colony of Jamaica until 1962, when they became a separate Crown colony. The Cayman Islands today is an autonomous British Overseas Territory in the western Caribbean Sea.

Copyright works are protected in the Cayman Islands under rules defined in the Copyright (Cayman Islands) Order 2015 and the Copyright (Cayman Islands) (Amendment) Order 2016 which came into force on 30 June 2016. These order make a customized version of Part 1 of the United Kingdom's Copyright, Designs and Patents Act 1988 (including Schedule ZA1 and Schedule 1 of the Act) applicable to the Cayman Islands.[1] The Cayman Islands Intellectual Property Office defined durations of protection on its website in 2018.[2]

Durations

[edit]

According to the Cayman Islands Intellectual Property Office as on November 2018, durations of protection are generally:

  • Written, dramatic, musical and artistic work: 70 years after the author’s death
  • Sound and music recording: 70 years from when it’s first published
  • Films: 70 years after the death of the director, screenplay author and composer
  • Broadcasts: 50 years from when it’s first broadcast
  • Layout of published editions of written, dramatic or musical works: 25 years from when it’s first published

Currency

[edit]

 Not OK The Cayman Islands Money Authority holds the copyright on its currency notes. It permits reproductions with prior consultation with the Authority and if the reproduction is not on products for sale. Given the copyright status and the non-commercial use clause, their designs are not appropriate for use on Commons.[3]

Freedom of Panorama

[edit]
OK for 3D works
OK for 2D "works of artistic craftsmanship"
 Not OK for 2D "graphic works" {{FoP-UK}}

The relevant law is section 62 of the United Kingdom's Copyright, Designs and Patents Act 1988.[4] The Copyright (Cayman Islands) Order 2015 and Copyright (Cayman Islands) (Amendment) Order 2016 do not modify this section.

Further information: Commons:Copyright rules by territory/United Kingdom#FOP

See also

[edit]

Citations

[edit]
  1. HSM IP (July 2016). HSM IP Copyright Client Guide CAYMAN ISLANDS. Retrieved on 2018-11-30.
    Copyright, Designs and Patents Act 1988. Legislation.gov.uk. National Archives (1988). Retrieved on 2021-08-20.
    The Copyright (Cayman Islands) Order 2015. Legislation.gov.uk. National Archives (2015). Retrieved on 2021-08-20.
    The Copyright (Cayman Islands) (Amendment) Order 2016. Legislation.gov.uk. National Archives (2016). Retrieved on 2021-09-20.
  2. Duration of Protection. CIIPO: Cayman Islands Intellectual Property Office (2018). Retrieved on 2018-11-30.
  3. Reproduction Guidelines Currency Notes. Cayman Islands Monetary Authority. Retrieved on 2019-01-19.
  4. Copyright, Designs and Patents Act 1988 (section 62). Legislation.gov.uk. National Archives (1988). Retrieved on 2021-08-20.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Cuba

Cuba

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

Background

[edit]

Cuba was a Spanish colony from the 15th century until 1898, when it was occupied by the United States. In 1902 the country gained nominal independence, and regained self government in 1908.

Cuba has been a member of the Universal Copyright Convention since 18 June 1957, the World Trade Organization since 20 April 1995 and the Berne Convention since 20 February 1997.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 14 of December 28, 1977, on Copyright as the main copyright law enacted by the legislature of Cuba.[1] The 1977 law repealed the Law of Intellectual Property of 10 January 1879 and its regulations of 3 September 1880, as well as articles 428 and 429 of the Civil Code of 1889.[14/1977-1994 Article 50] WIPO holds the text of the 1977 law in their WIPO Lex database.[2] This version takes into account amendments up to Decree-Law No. 156 of September 28, 1994.

General rules

[edit]

According to Law No. 14 of December 28, 1977 as amended up to 1994,

  • Copyright is valid for the life of the author and 50 years after his death, except for the exceptions expressly indicated in this Law.[14/1977-1994 Article 43]
  • For a collaborative work, the period of validity extends for 50 years after the death of all the authors.[14/1977-1994 Article 43]
  • The term of fifty years indicated in this article begins to count from the first of January of the year following the death of the author.[14/1977-1994 Article 43]
  • For a work by an unknown author, or a work published anonymously or under a pseudonym, copyright is valid for 50 years from the first publication of the work.[14/1977-1994 Article 45]
  • The period of validity of copyright belonging to legal entities is of unlimited duration. In case of reorganization, the copyright goes to the successor juridical person, and in case of its dissolution to the State.[14/1977-1994 Article 46]
  • The period of validity of the copyright in a work created by a procedure analogous to that of the photograph, or on a work of the applied arts, extends to twenty-five years from the use of the work.[14/1977-1994 Article 47]

Status in United States

[edit]

A Cuban work uploaded to Wikimedia Commons must be in the public domain in both Cuba and the United States.

  • Photographs are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1972.
  • Anonymous works (not photographs) are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1947.
  • Corporate and government works are in the public domain in the United States if published before 1929 (95 years ago)
  • All other works are in the public domain in the United States if published in Cuba without compliance with US copyright formalities, author died before 1947 or, published 95 years ago.

Paying public domain

[edit]

See also: Commons:Paying public domain

At the expiration of the period of validity of the copyright, a work may be declared belonging to the State by decision of the Council of Ministers. The modalities and conditions of use of the declared work pertaining to the State, will be established by said body.[14/1977-1994 Article 48] Subject to the stipulations of article 48, when the period of validity of the copyright on a work has expired, it may be freely used by any person, provided that the author's name is mentioned and the integrity of the work is respected. However, the user must pay a special contribution that will be used for the development of science, education and culture of the country. The amount of this contribution, its form of payment, and the principles of administration of the funds thus acquired, will be set by the Ministry of Culture, which will also be empowered to indicate the exceptions to the provisions of this article.[14/1977-1994 Article 49]

[edit]
  • {{PD-Cuba}} – for works made in Cuba whose copyright has expired.

Freedom of panorama

[edit]

OK {{FoP-Cuba}}

According to Law No. 14 of December 28, 1977 as amended up to 1994, it is permissible, without the author's consent and without remuneration, but with obligatory reference to his name and provided the work is public knowledge and respectful of the artist's specific values: ... to reproduce by any means, except those involving direct contact with its surface, a work of art of any type on permanent display in a public place, except those in exhibitions and museums;[14/1977-1994 Article 38(c)]

Stamps

[edit]

Copyrighted Modern stamps of this country are not in public domain or their status is unknown. Cuba was under Spanish control until 1898 and then under U.S. control until the Republic was established on May 20, 1902. Accordingly, the copyright applicable to stamps issued during those time periods would be Spain and the U.S.

See also

[edit]

Citations

[edit]
  1. a b Cuba Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Ley Nº 14 de 28 de diciembre de 1977 de Derecho de Autor. Cuba (1977). Retrieved on 2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Curaçao

Curaçao

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

Background

[edit]

In 1845 all the Dutch Caribbean islands became part of a colony called Curaçao and Dependencies. In 1954 they became the Netherlands Antilles, a constituent country of the Kingdom of the Netherlands. Aruba seceded from the Netherlands Antilles in 1986 to become a separate constituent country. In 2010 the Netherlands Antilles was dissolved. Curaçao and Sint Maarten became autonomous constituent countries within the Kingdom, and Bonaire, Sint Eustatius, and Saba became special municipalities of the Netherlands.

According to the Bureau for Intellectual Property Curaçao as of 2019, the act regulating copyright in Curaçao is the Auteursverordening 1913, P.B. 1913, no. 3. That is, the 1913 National Ordinance on Copyright, National Gazette 1913, No. 3.[1]

Durations

[edit]
  • The 1913 act grants the author copyright with duration of up to 50 years after the author’s death.

Freedom of panorama

[edit]

OK According to the Auteursverordening 1913 - article 18, Freedom of Panorama is allowed as long as the reproduction is clearly different from the original work by its size or the way in which it was made, and in the case of buildings only the exterior is shown.[2]

See also

[edit]

Citations

[edit]
  1. Copyright: Exclusive author rights. Bureau for Intellectual Property Curaçao. Retrieved on 2019-03-14.
  2. "Als inbreuk op het auteursrecht op een werk, als bedoeld bij artikel 10, 6º., hetwelk blijvend op of aan den openbaren weg zichtbaar is gesteld, wordt niet beschouwd de verveelvoudiging, welke door hare grootte of door de werkwijze, volgens welke zij vervaardigd is, een duidelijk verschil vertoont met het oorspronkelijk werk, en zich, wat bouwwerken betreft, tot het uitwendige daarvan bepaalt."
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Dominica

Dominica

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

Background

[edit]

Great Britain took possession of Dominica in 1763. The island republic gained independence in 1978.

Dominica has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 7 August 1999.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2003 (Act 5 of 2003) as the main copyright law enacted by the legislature of Dominica.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law repealed the Copyright Act Chap. 78:41 (1919), which focused on modified penalties for infringing uses, with the U.K. Copyright Act 1911 as the basis. The 2003 Act's transitional provision on the use of works: "An act done before the coming into force of this Act shall not be an infringement of copyright or rights in a performance conferred by this Act if that act would not, but for the passing of this Act, have constituted an infringement."[2003 Section 108(4)]

General rules

[edit]

Under the 2003 Copyright Act,

  • Subject to the provisions of this section, copyright in a literary, dramatic, musical or artistic work are protected during the life of the author and for 70 years after his death.[2003 Section 11(1)]
  • For a work of joint authorship, the economic rights are protected during the life of the last surviving author and for 70 years after his death.[003 Section 11(2)]
  • For a collective work, other than a work of applied art, and for an audiovisual work, the economic rights are protected for 50 years from the date on which the work was either made, first made available to the public, or first published, whichever date is the latest.[2003 Section 11(3)]
  • For a work published anonymously or under a pseudonym, the economic rights are protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.[2003 Section 11(4)]
  • For a computer-generated work, the copyright expires 50 years from the year in which the work was made.[2003 Section 11(5)]
  • For a work of applied art the economic rights are protected for 25 years from the making of the work.[2003 Section 11(6)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[2003 Section 11(7)]

  • Copyright in a sound recording or film expires at the end of 50 years from the calendar year in which it was made, or where it is made available to the public before the end of that period, at the end of 50 years from the end of the calendar year in which it is so made available.[2003 Section 12(1)]
  • Copyright in a broadcast or cable programme expires at the end of 70 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service.[2003 Section 13(1)]
  • Copyright in a work made by or under the direction of the State expires 70 years from the end of the year in which it was made.[2003 Section 20(3)]
  • No copyright subsists in any official text of a legislative, administrative or legal nature, or any translation thereof.[2003 Section 21]

Expression of folklore

[edit]

See also: Commons:Paying public domain

"Expression of folklore" means a group-oriented and tradition based creation of a group or individual, which is of unknown authorship, and which reflects the standards, values, cultural and social identity of a community, as transmitted orally, or by other means, and includes folk tales, folk poetry, and folk riddles; folk songs and instrumental folk music; folk dances and folk plays; production of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaics, woodwork, metal ware, jewelry, handicrafts, costumes and indigenous textiles.[2003 Section 2]

Collections of expressions of folklore are protected as works provided that such collections are original by reason of the selection or arrangement of their contents.[2003 Section 6(1)] Protection of these collections shall be without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilized for the making of such a work.[2003 Section 6(1)] The rights of the owner in respect of expressions of folklore shall vest in the State to the same extent as if the State had been the original creator of such expressions.[2003 Section 18(8)]

Freedom of panorama

[edit]

 Not OK. The only reference in the 2003 Copyright Act appears to be

  • The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2003 Section 69(b)]

Stamps

[edit]

Copyrighted Under the 2003 Copyright Act, copyright in a work made by or under the direction of the State expires 70 years from the end of the year in which it was made.[2003 Section 20(3)]

Citations

[edit]
  1. a b Dominica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act 2003 (Act 5 of 2003). Dominica (2003). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Dominican Republic

Dominican Republic

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

Background

[edit]

The island of Hispaniola was colonized by the Spanish in the late 15th century. The eastern part became independent in 1821. In the years that followed periods of independence alternated with control by Haiti, Spain and the United States. The last US occupation ended in 1966.

The Dominican Republic has been a member of the Universal Copyright Convention since 8 May 1983, the World Trade Organization since 9 March 1995, the Berne Convention since 24 December 1997 and the WIPO Copyright Treaty since 10 January 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed [Law No. 65-00 on August 21, 2000, on Copyright as the main copyright law enacted by the legislature of the Dominican Republic.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was modified by Law No. 2-07 of January 8, 2007, but not in a way that affects definitions of works or duration of copyright.[3]

General rules

[edit]

Under Law No. 65-00 of 21 August 2000,

  • Copyright shall accrue to the author during his lifetime and to his spouse, heirs and successors in title for 50 years after his death.[65-00/2000 Article 21]
  • In the case of duly established joint authorship, the period of 50 years shall commence on the death of the last joint author.[65-00/2000 Article 21]
  • Anonymous works shall be protected for a period of 50 years from the first publication thereof or, failing that, from the making thereof.[65-00/2000 Article 24]*Collective works and computer programs shall be protected for 50 years from publication or, failing that, from the making thereof.[65-00/2000 Article 25]
  • For photographs, the duration of copyright shall be 50 years from first publication or public display or, failing that, from the making thereof.[65-00/2000 Article 26]
  • Audiovisual works shall be protected for 70 years from first publication or presentation or, failing that, from the making thereof, without prejudice to the rights in original works incorporated in productions.[65-00/2000 Article 27]

The periods established in the present Chapter shall be calculated from January 1 of the year following that of the death of the author or, where appropriate, that of the disclosure, publication or making of the work.[65-00/2000 Article 28]

Currency

[edit]

 Not OK There is no exception for currency under Dominican copyright law. Under Law No. 65-00 of 21 August 2000,

  • Rights in works created by public employees or officials in the performance of the duties inherent in their position shall be presumed to be assigned to the public organization in question.[65-00/2000 Article 28]

Freedom of panorama

[edit]

OK {{FoP-Dominican Republic}}

The reproduction, distribution and communication to the public of news of the day and other information relating to facts or events in the news that have been publicly disseminated by the press or by means of broadcasting shall be lawful. It shall also be lawful to reproduce and make accessible to the public, in connection with the reporting of current events by means of photography, broadcasting or communication to the public by cable or other analogous means, works seen or heard in the course of such events, to the extent justified by the informatory purpose.[65-00/2000 Article 34]

Works permanently located on public thoroughfares, streets or squares may be reproduced by means of painting, drawing, photography or audiovisual fixations, and such reproductions may be distributed and communicated publicly. With regard to works of architecture, this provision shall apply only to their external aspect.[65-00/2000 Article 39]

Citations

[edit]
  1. a b Dominican Republic Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 65-00 on August 21, 2000, on Copyright. Dominican Republic (2000). Retrieved on 2018-12-11.
  3. Law No. 2-07 of January 8, 2007, on Amendments to Article 189 of Law No. 65-00 on Copyright. Dominican Republic (2007). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Dutch Caribbean

Dutch Caribbean

Other region, e.g. dependency, union, former country

Islands of the Dutch Caribbean

The Dutch Caribbean consists of the islands in the Caribbean Sea that are associated with the Kingdom of the Netherlands. Some are autonomous countries and others are municipalities of the Netherlands.

In 1845 all the Dutch Caribbean islands became part of a colony called Curaçao and Dependencies. In 1954 they became the Netherlands Antilles, a constituent country of the Kingdom of the Netherlands. Aruba seceded from the Netherlands Antilles in 1986 to become a separate constituent country. In 2010 the Netherlands Antilles was dissolved. Curaçao and Sint Maarten became autonomous constituent countries within the Kingdom, and Bonaire, Sint Eustatius, and Saba became special municipalities of the Netherlands.

Presumably for Commons purposes the laws of the Netherlands would be considered to apply.

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Grenada

Grenada

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

Background

[edit]

The French colonized Grenada in 1650. In 1763 the island was ceded to the British. From 1958 to 1962 Grenada was part of the Federation of the West Indies. Grenada gained full autonomy over its internal affairs on 3 March 1967, and gained independence on 7 February 1974.

Grenada has been a member of the World Trade Organization since 22 February 1996 and the Berne Convention since 22 September 1998.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 67, Act No. 21 of 2011) as the main IP law enacted by the legislature of Grenada.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The 2011 act repealed the Copyright Act 1988.[21/2011 Section 58]

General rules

[edit]

Under the Copyright Act (Cap. 67, Act No. 21 of 2011),

  • Subject to subsections (2) to (5), rights are protected during the life of the author and for 50 years after his death.[21/2011 Section 21(1)]
  • A work of joint authorship is protected during the life of the last surviving author and for 50 years after his death.[21/2011 Section 21(2)]
  • A collective work, other than a work of applied art or a photographic work, and an audiovisual work, is protected for (a) 50 years from the date on which the work was first published; (b) 50 years from the date on which the work was first made available to the public, if the work has not been published before 25 years after its making; or (c) 50 years from the making of the work, if the work had neither been made available to the public, nor published before 25 years after its making.[21/2011 Section 21(3)]
  • A work published anonymously or under a pseudonym is protected for (a) 50 years from the date on which the work was first published; (b) 50 years from the date on which the work was first made available to the public, if the work has not been published before 25 years after its making; or (c) 50 years from the making of the work, if the work had neither been made available to the public, nor published before 25 years after its making.[21/2011 Section 21(4)]
  • A work of applied art or a photographic work is protected for 25 years from the making of the work.[21/2011 Section 21(5)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[21/2011 Section 21(6)]

Not protected

[edit]

No protection shall extend under this Act to ... any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[21/2011 Section 7(1b)].

Freedom of panorama

[edit]

OK. Under the Copyright Act (Cap. 67, Act No. 21 of 2011),

  • Copyright is a property right which subsists in literary and artistic works.[21/2011 Section 5(1)] This includes works of architecture.[21/2011 Section 5(1)(g)]
  • The inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[21/2011 Section 19]

Citations

[edit]
  1. a b Grenada Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act (Cap. 67, Act No. 21 of 2011). Grenada (2011). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Guadeloupe

Guadeloupe

Other region, e.g. dependency, union, former country

Location of Guadeloupe

Guadeloupe is an overseas department and region of France, and an outermost region of the European Union territories. It is an island of the Lesser Antilles in the Caribbean. The same laws apply as in the rest of France.

[edit]

Further information: Commons:Copyright rules by territory/France#TAG

Currency

[edit]

Further information: Commons:Copyright rules by territory/France#CUR

Freedom of panorama

[edit]

Further information: Commons:Copyright rules by territory/France#FOP

Stamps

[edit]

Further information: Commons:Copyright rules by territory/France#Stamps

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Haiti

Haiti

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

Governing laws

[edit]

Haiti was ruled by the Spanish as part of Hispaniola from 1492 to 1625, then by the French as Saint-Domingue from 1625 to 1804, when it became independent. The country was occupied by the United States from 1915 to 1934.

Haiti has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 11 January 1996 and the World Trade Organization since 30 January 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree of October 12, 2005, on Copyright as the main IP law issued by the executive of Haiti.[1] The decree was published in Le Moniteur on 9 March 2006. WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

According to the Decree on Copyrights of October 12, 2005,

  • Except where specified otherwise in this chapter, the economic rights of a work are protected during the life of the author and for 60 years after his death.[2005 Article 20]
  • The economic rights in a collaborative work are protected during the life of the last surviving author and for 60 years after his death.[2005 Article 21]
  • The economic rights in an anonymous or pseudonymous work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.[2005 Article 22]
  • The economic rights in a collective or audiovisual work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.[2005 Article 23]
  • The economic rights in a posthumous work are protected for 60 years from the end of the year in which it was legally published.[2005 Article 24]
  • The economic rights in a photographic work are protected for 25 years after the end of the year it was created.[2005 Article 25]

In this chapter all terms last until the end of the year in which they would normally expire.[2005 Article 26]

Not protected

[edit]

The following are not protected:

  • Official texts of a legislative, administrative or judiciary nature, and their official translations.[2005 Article 5(1)]
  • News of the day.[2005 Article 5(2)]
  • Ideas, processes, systems, methods of operation, concepts, principles, discoveries or simple data, even if these are stated, described, explained. illustrated or incorporated in a work.[2005 Article 5(3)]

Expressions of folklore: not free

[edit]

See also: Commons:Paying public domain

Expressions of Folklore are works of the spirit expressing the characteristic elements of the traditional artistic heritage developed and perpetuated on the territory of Haiti by a community or by individuals recognized as meeting the traditional artistic expectations of this community and including folktales, popular poetry and riddles; popular songs and instrumental music; popular dances and shows; the productions of popular arts, such as drawings, paintings, sculptures, pottery, terracotta, chiselling, mosaics, woodwork, metal objects, jewelry, textiles, costumes and many others of the same kind.[2005 Article 1] Representation or public performance, direct or indirect copying of a work of folklore for commercial purposes requires prior authorization by the collective rights management organization and payment of a fee. The products of the fee will be used for cultural and social purposes for the benefit of authors and communities who are traditional owners of the artistic heritage of Haiti.[2005 Article 7]

[edit]
  • {{PD-Haiti}} – General copyright protection last for 60 years.[2005 Article 20–24] Photographic works are protected for 25 years after the end of the year the work was created.[2005 Article 25]

Freedom of panorama

[edit]
  •  Not OK - noncommercial only (but noncommercial licensing is not compatible to Commons:Licensing).
  • OK if the work is not the main subject (in other words, de minimis).

According to Article 15 on page 9 the Décret du 12 Octobre 2005 sur les Droits d'Auteur, a reproduction of an architectural work of art, a fine arts work, a photographic work of art or an applied arts work that is situated in permanence in a location open to the public is allowed, except if the work of art is the primary subject of said reproduction and said reproduction is used for commercial purposes.[2005 Article 15]

Nonobstant les dispositions de l'article 7, il est permis, sans l'autorisation de l'auteur et sans paiement d'une rémunération, de reproduire, de radiodiffuser ou de communiquer par câble au public une image d'une oeuvre d'architecture, d'une oeuvre des beaux-arts, d'une oeuvre photographique et d'une oeuvre des arts appliqués qui est située en permanence dans un endroit ouvert au public, sauf si l'image de l'oeuvre est le sujet principal d'une teIle reproduction, radiodiffusion ou communication si elle est utilisée à des fins commerciales.

— in: 2005 Article 15

Notwithstanding the dispositions of article 7, it is permitted, without the authorisation of the author and without payment of a remuneration, to reproduce, broadcast over radio or communicate via cable to the public an image of an work of architectural art, a work of fine arts, a work of photographic art or a work of applied arts if it is situated in permanence in a location open to the public, except if the work of art is the primary subject of said image, radiodiffusion or communication if it is used for commercial purposes.

— Translation of Article 15

The "Article 7" being referenced is simply a list of a copyright holder's exclusive rights. It says that "With the exception of the dispositions of articles 8 to 19, the author of a work of art has the exclusive right to perform or authorize the following acts (...)".

Stamps

[edit]

. Stamps by artists deceased more than 60 years ago (or pseudonymously designed more than 60 years ago, before 1 January 1964) are free.[2005 Article 20–23]

See also

[edit]

Citations

[edit]
  1. a b Haiti Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Decree of October 12, 2005, on Copyright. Haiti (2005). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Jamaica

Jamaica

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

Background

[edit]

Jamaica was colonized by Spain in 1509. From 1655 it was held by England and then Great Britain until 6 August 1962, when the island became independent.

Jamaica has been a member of the Berne Convention since 1 January 1994, the World Trade Organization since 9 March 1995 and the WIPO Copyright Treaty since 12 June 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright Act (Act No. 5 of 1993) as the main copyright law enacted by the legislature of Jamaica.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

The 1993 act was modified by the The Copyright (Amendment) Act, 1999 and The Copyright (Amendment) Act, 13/2015.[1] The 1999 act clarified the rules for compilations, but otherwise did not affect definitions of works and durations of protection.[3] The 2015 amendment made more extensive changes, including changes to all durations of protection from 50 to 95 years in sections 10, 11 and 12.[4]

General rules

[edit]

According to The Copyright Act of Jamaica, 1993 as amended by The Copyright (Amendment) Act, 2015 No.13,

  • Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of 95 years from the end of the calendar year in which the author dies.[13/2015 Section 10(1)]
  • Where the authorship of a work referred to in subsection (1) is unknown, copyright in that work expires at the end of the period of 95 years from the end of the calendar year in which it was first made available to the public.[13/2015 Section 10(2)]
  • The provisions of subsections (1) and (2) shall not apply to computer-generated work, the copyright in which expires at the end of the period of 95 years from the end of the calendar year in which the work was made.[13/2015 Section 10(4)]
  • In relation to a work of joint authorship references to the death of the author shall be construed as references to the death of the last surviving known author.[13/2015 Section 10(5)]
  • Copyright in a sound recording or film expires at the end of the period of 95 years from the end of the calendar year in which it was made or, where it is made available to the public before the end of that period, 95 years from the end of the calendar year in which it is so made available.[13/2015 Section 11(1)]
  • Where, pursuant to an agreement between employer and employee, the copyright in a work created by the employee has vested in the employer, the copyright expires at the end of the period of 95 years from the end of the calendar year in which the work was created.[13/2015 Section 13A]

Subject to the provisions of this section, the amendments under sections 10, 11, 12, 13 and 129 made by, and the provisions of sections 13A and 13B incorporated under the Copyright (Amendment) Act, 2015, that extend the date for the expiration of copyright or other rights shall, notwithstanding anything to the contrary in this Act or any other law, be deemed to have come into operation on the 1st day of January, 2012.[13/2015 Section 137A]

Freedom of panorama

[edit]

OK, except murals and other 2D "graphic works" ( Not OK). {{FoP-Jamaica}}

  • This section applies to buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[13/2015 Section 74(1)]
  • The copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[13/2015 Section 74(2)]
  • The copyright of such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[13/2015 Section 74(3)]

See also

[edit]

Citations

[edit]
  1. a b c Jamaica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act (Act No. 5 of 1993). Jamaica (1993). Retrieved on 2018-11-08.
  3. The Copyright (Amendment) Act. Jamaica (1999). Retrieved on 2018-12-13.
  4. The Copyright (Amendment) Act 13. Jamaica (2015). Retrieved on 2018-12-13.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Martinique

Martinique

Other region, e.g. dependency, union, former country

Location of Martinique

Martinique is an overseas department and region of France, and an outermost region of the European Union territories. It is an island of the Lesser Antilles in the Caribbean. The same laws apply as in the rest of France.

[edit]

Further information: Commons:Copyright rules by territory/France#TAG

Currency

[edit]

Further information: Commons:Copyright rules by territory/France#CUR

Freedom of panorama

[edit]

Further information: Commons:Copyright rules by territory/France#FOP

Stamps

[edit]

Further information: Commons:Copyright rules by territory/France#Stamps

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Montserrat

Montserrat

Other region, e.g. dependency, union, former country

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

Background

[edit]

Montserrat was part of the federal crown colony of the British Leeward Islands from 1871 to 1958. The island became a province of the short-lived West Indies Federation from 1958 to 1962. Montserrat today is a British Overseas Territory in the Caribbean. Legislative power is vested in both the government and the House of Assembly.

As of December 2018 Montserrat continued to use the United Kingdom's 1956 Copyright Act.[1] The United Kingdom government holds a copy of this act as originally enacted.[2]

General rules

[edit]

Under the Copyright Act 1956,

  • Copyright subsist­ing in a work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[1956 Sec.2(3), 3(4)]
  • If the work had not been made public before the death of the author, copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which it was made public.[1956 Sec.2(3), 3(4)]
  • Where the first publication of a literary, dramatic, or musical work. or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the work was first published, and shall then expire.[1956 2nd Sched. Sec.2]
  • The copyright in a photograph shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published, and shall then expire.[1956 Sec.3(4b)]

Freedom of panorama

[edit]

OK for architecture, sculptures, and works of artistic craftsmanship.  Not OK for other types of artistic works. The Copyright Act 1956 contains freedom of panorama provisions at Section 9, subsections 3–6, with similar rules as those of the United Kingdom freedom of panorama.

See also

[edit]

Citations

[edit]
  1. Nerisaa Golden (3 December 2018). Montserrat Creatives at Risk With Archaic Copyright Laws, Says Attorney. Discover Montserrat. Retrieved on 2019-03-14.
  2. Copyright Act 1956. United Kingdom (1956).
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Puerto Rico

Puerto Rico

Other region, e.g. dependency, union, former country

Location of Puerto Rico

Puerto Rico is an unincorporated territory of the United States located in the northeast Caribbean Sea. The island was subject to Spain until gaining limited self-government on 17 July 1898. The United States invaded the island on 25 July 1898, and it was formally ceded by Spain to the United States on 11 April 1899. The island was an unincorporated organized territory until 1952, when it became a United States unincorporated organized territory with commonwealth constitution. The island retains local laws, but is subject to United States federal law.

Copyright is governed by the US Copyright Act 1976, a Federal statute, and subsequent amendments. Moral rights are governed by state laws, but this should not affect when a work enters the public domain.[1]

[edit]

Further information: Commons:Copyright rules by territory/United States#TAG

Currency

[edit]

Further information: Commons:Copyright rules by territory/United States#CUR

Freedom of panorama

[edit]

Further information: Commons:Copyright rules by territory/United States#FOP

Stamps

[edit]

Further information: Commons:Copyright rules by territory/United States#Stamps

See also

[edit]

Citations

[edit]
  1. Eugenio J Torres-Oyola (9 August 2010). The clash between the US Copyright Act and Puerto Rican succession laws. InternatioL Law Office. Retrieved on 2019-03-14.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Saint Barthélemy

Saint Barthélemy

Other region, e.g. dependency, union, former country

Location of Saint-Barthélemy

Saint-Barthélemy is an overseas collectivity of France in the West Indies. The copyright laws of France apply to works from Saint Barthelemy.

[edit]

Further information: Commons:Copyright rules by territory/France#TAG

Currency

[edit]

Further information: Commons:Copyright rules by territory/France#CUR

Freedom of panorama

[edit]

Further information: Commons:Copyright rules by territory/France#FOP

Stamps

[edit]

Further information: Commons:Copyright rules by territory/France#Stamps

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Saint Kitts and Nevis

Saint Kitts and Nevis

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

Background

[edit]

Saint Christopher Island (Saint Kitts) was colonized by the English in 1623, and soon after was partitioned with the French. The French ceded their part to the United Kingdom in 1713. St. Kitts and Nevis became independent in 1983.

Saint Kitts and Nevis has been a member of the Berne Convention since 9 April 1995 and the World Trade Organization since 21 February 1996, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 18.08) of 2002 as the main copyright law enacted by the legislature of Saint Kitts and Nevis.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

According to the Chapter 18.08 Copyright Act of 2002,

  • Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work shall expire at the end of a period of 50 years from the end of the calendar year in which the author dies.[18.08/2000 Section 10(1)]
  • Where the authorship of a literary, dramatic, musical or artistic work is unknown, copyright in that work shall expire at the end of a period of 50 years from the end of the calendar year in which it was first made available to the public.[18.08/2000 Section 10(2)]
  • The provisions of subsections (1) and (2) of this section shall not apply to computer-generated work, the copyright in which expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[18.08/2000 Section 10(4)]
  • For a work of joint authorship, duration is based on death of the last surviving known author.[18.08/2000 Section 10(5)]
  • Copyright in a sound recording or film expires at the end of a period of 50 years from the end of the calendar year in which it was made, or where it is made available to the public before the end of that period, 50 years from the end of the calendar year in which it is so made available.[18.08/2000 Section 11(1)]

Folklore

[edit]

In respect of folklore, that is to say, all literary and artistic works that (a) constitute a basic element of the traditional and cultural heritage of Saint Christopher and Nevis; (b) were created in Saint Christopher and Nevis by various groups of the community; and (c) survive from generation to generation; the rights of the author shall vest in the Crown to the same extent as if the Crown had been the original creator of the folklore.[18.08/2000 Section 22(5)]

De minimis

[edit]
  • Copyright in a work shall not be infringed (a) by its incidental inclusion in an artistic work, sound recording film, broadcast or cable programme; or (b) by the issue to the public of copies of the playing, showing, broadcasting or inclusion in a cable programme service of anything whose making was not an infringement of copyright by virtue of paragraph (a) of this section.[18.08/2000 Section 55]

Freedom of panorama

[edit]

OK for 3D works. According to the Chapter 18.08 Copyright Act of 2002,

  • Representation of artistic works on public display: This section shall apply to (a) buildings; and (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[18.08/2000 Section 74(1)]
  • The copyright in the work referred to in section 74(1) shall not be infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; (c) broadcasting or including in a cable programme service a visual image of it; or (d) the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[18.08/2000 Section 74(2)]

Citations

[edit]
  1. a b Saint Kitts and Nevis Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act (Cap. 18.08). Saint Kitts and Nevis (2002). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Saint Lucia

Saint Lucia

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

Background

[edit]

The French colonized Saint Lucia in 1663. The British and French alternately ruled the island until the British took over in 1814. It was part of the West Indies Federation from 1958 to 1962. Saint Lucia became independent on 22 February 1979.

Saint Lucia has been a member of the Berne Convention since 24 August 1993, the World Trade Organization since 1 January 1995 and the WIPO treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1995 (Act No. 10 of 1995) as the main IP law enacted by the legislature of Saint Lucia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The act was modified by the Copyright (Amendment) Act, 2000 (Act No. 7 of 2000).[1] The amendments provided for the registration of collective societies, protected the moral rights of performers, extended the range of civil remedies and made other changes, but did not change the definitions of protected works or durations of protection.[3]

General rules

[edit]

According to the Copyright Act 1995 (Act No. 10 of 1995),

  • Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.[10/1995 Section 10(1)]
  • Where the authorship of a work referred to in subsection (1) is unknown, copyright in such work expires at the end of the period of 50 years from the end of the calendar year in which it was first made available to the public.[10/1995 Section 10(2)]
  • The provisions of subsections (1) and (2) shall not apply to a computer-generated work, the copyright in which shall expire at the end of the period of 50 years from the end of the calendar year in which the work is made.[10/1995 Section 10(4)]
  • For a work of joint ownership the duration is based on the year in which the last surviving known author dies.[10/1995 Section 10(5)]
  • Copyright in a sound recording or film expires at the end of the period of 50 years from the end of the calendar year in which it was made, or where it is made available to the public before the end of that period, at the end of the period of 50 years from the end of the calendar year in which it is so made available.[10/1995 Section 11(1)]

Freedom of panorama

[edit]

OK. For 2D copies of 3D works. According to the Copyright Act 1995 (Act No. 10 of 1995),

  • This section applies to (a) buildings; (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[10/1995 Section 81(1)]
  • The copyright in such a work is not infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; or (c) broadcasting or including in a cable programme service a visual image of it.[10/1995 Section 81(2)]
  • The copyright in such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[10/1995 Section 81(3)]

Citations

[edit]
  1. a b c Saint Lucia Copyright and Related Rights (Neighboring Rights)[2], WIPO: World Intellectual Property Organization, 2018
  2. Copyright Act, 1995 (Act No. 10 of 1995)[3], Saint Lucia, 1995
  3. Copyright (Amendment) Act, 2000 (Act No. 7 of 2000)[4], Saint Lucia, 2000
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COM:Saint Martin (France)

Saint-Martin

Other region, e.g. dependency, union, former country

Commons:Copyright rules by territory/Saint Martin (France)/en

Saint Vincent and the Grenadines

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

Background

[edit]

The French colonized Saint Vincent in 1719. The island was ceded to Britain in 1763. Saint Vincent and the Grenadines became independent on 27 October 1979.

Saint Vincent and the Grenadines has been a member of the Universal Copyright Convention since 27 October 1979, the World Trade Organization since 1 January 1995 and the Berne Convention since 29 August 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2003 (Act No. 21 of 2003) as the main copyright law enacted by the legislature of Saint Vincent and the Grenadines.[1] WIPO holds the text of this law, Issue 1/2009 in their WIPO Lex database. The act repealed the Copyright Act, Chapter 262 of the Revised Laws 1990 Edition effective 30 November 2004.[2]

Durations

[edit]

According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009,

  • Copyright in a literary, dramatic, musical or artistic work expires 75 years from the end of the calendar year in which the author dies.[1/2009 Section 8(1)]
  • Where the author is unknown, copyright expires 50 years from the end of the calendar year when it was first made available to the public.[1/2009 Section 8(2)]
  • Copyright in a computer-generated work expires 50 years from the end of the calendar year when it was made.[1/2009 Section 8(4)]
  • Copyright duration in a work of joint authorship is based on year of death of the last survivors of the known authors, if any.[1/2009 Section 8(5)]
  • Copyright in a sound recording or film expires 50 years from the end of the calendar year in which it was made or, where it is made available to the public before the end of that period, 75 years from the end of the calendar year in which it is so made available.[1/2009 Section 9]
  • Copyright in a broadcast or cable programme expires 50 years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.[1/2009 Section 10]
  • Copyright in the typographical arrangement of a published edition expires 25 years from the end of the calendar year in which the edition was first published.[1/2009 Section 11]

De minimis

[edit]

According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009, of Saint Vincent and the Grenadines,

  • Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.[1/2009 Section 53]

Freedom of panorama

[edit]

OK for 2D copies of 3D works. Unclear whether 2D works may be copied, but assume  Not OK as the clause follows the the United Kingdom freedom of panorama model. According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009,

  • When an artistic work is on public display, including buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, the copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[1/2009 Section 75]

Citations

[edit]
  1. a b Saint Vincent and the Grenadines Copyright and Related Rights (Neighboring Rights). WIPO (2018). Retrieved on 2018-11-04.
  2. Copyright Act 2003 (Act No. 21 of 2003) Issue 1/2009. Saint Vincent and the Grenadines (2009). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Sint Maarten

Sint Maarten

Other region, e.g. dependency, union, former country

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

Background

[edit]

In 1845 all the Dutch Caribbean islands became part of a colony called Curaçao and Dependencies. In 1954 they became the Netherlands Antilles, a constituent country of the Kingdom of the Netherlands. Aruba seceded from the Netherlands Antilles in 1986 to become a separate constituent country. In 2010 the Netherlands Antilles was dissolved. Curaçao and Sint Maarten became autonomous constituent countries within the Kingdom, and Bonaire, Sint Eustatius, and Saba became special municipalities of the Netherlands.

Copyright regulations in Sint Maarten appear to be governed by the Auteursverordening (Author's Regulation) of 1912 as amended by National Decree containing general measures of 12 July 2006 (OJ 2006, no. 58).[1] WIPO holds an English-language unofficial translation of this law.[2]

General

[edit]

Under the Author's Regulation of 1913 as amended 2006,

  • Copyright shall expire 50 years after 1 January of the year following the year of the death of the author.[1913–2006 Art.38(1)]
  • The duration of the copyright belonging jointly to two or more persons in their capacity as coauthors of a work shall be calculated from 1 January of the year following the year of the death of the last surviving co-author.[1913–2006 Art.37(2)]
  • The copyright in a work of which the author has not been indicated or has not been indicated in such a way that his identity is beyond doubt shall expire 50 years after 1 January of the year following that in which the work was first lawfully communicated to the public.[1913–2006 Art.38(1)]
    • The same shall apply to works of which a public institution, association, foundation or company is deemed the author, unless the natural person who created the work is indicated as the author on or in copies of the work which have been communicated to the public.[1913–2006 Art.38(2)]
    • If the author discloses his identity prior to the end of the term referred to in paragraph 1, the duration of the copyright in the work concerned shall be calculated in accordance with the provisions of article 37.[1913–2006 Art.38(3)]
  • Copyright in works for which the duration of copyright is not calculated in accordance with article 37 and which have not been lawfully communicated to the public within 50 years from their creation shall expire.[1913–2006 Art.39]
  • The copyright in a cinematographic work shall expire 50 years after 1 January of the year following the year of death of the last of the following persons to survive: the principal director, the author of the screenplay, the author of the dialogue and the composer of the music created for use in the work.[1913–2006 Art.40]

Not protected

[edit]

Under the Author's Regulation of 1913 as amended 2006,

  • There is no copyright on laws, decisions and regulations issued by the public authorities, nor on judicial decisions and administrative decisions.[1913–2006 Art.11(1)]
  • There is also no copyright on what has been made public by or on behalf of the public authorities, unless that right, either in general by law, decree or regulation, or in a particular case as evidenced by communication on the work itself or when it is made public, reserved.[1913–2006 Art.11(2)]

Freedom of panorama

[edit]

OK for buildings and most 2D and 3D artwork
 Not OK for photographs, maps, applied art, industrial design, and models

Under the Author's Regulation of 1913 as amended 2006,

  • Reproduction or publication of pictures made in order to be put on permanent display in public places, of a work such as is normally found in such places, or of a work relating to architecture, will not be regarded as an infringement of the copyright of the author.[1913–2006 Art.18]

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Trinidad and Tobago

Trinidad and Tobago

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

Governing laws

[edit]

Trinidad and Tobago has been a member of the Berne Convention since 16 August 1988, the WIPO treaty since 28 November 2008 and the World Trade Organization since 1 March 1995, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, Cap. 82:80 8 of 1997 amended by 18 of 2000, 5 of 2008 as the main IP law enacted by the legislature of Trinidad and Tobago.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This law repeals and replaces the Copyright Act 1985.[5/2008 Section 56]

Applicability

[edit]

Copyright covers literary and artistic works that are original intellectual creations in the literary and artistic domain, including (a) books, pamphlets, articles, computer programs and other writings; (b) speeches, lectures, addresses, sermons and other works of the same nature; (c) dramatic works, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; (d) stage productions of works mentioned in paragraph (c); (e) musical works, with or without accompanying words; (f) audio-visual works; (g) works of architecture; (h) works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; (i) photographic works; (j) works of applied art; (k) illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science.[5/2008 Section 5]

The following are also protected: (a) translations, adaptations, arrangements and other transformations or modifications of works; (b) 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, co-ordination or arrangement of their contents; and (c) works of mas. Protection of these works is without prejudice to any protection of a pre-existing work incorporated in or utilised for the making of such a work.[5/2008 Section 6]

"Work of mas" is an original production intended to be performed by a person or a group of persons in which an artistic work in the form of an adornment or image presented by the person or persons is the primary element of the production, and in which such adornment or image may be accompanied by words, music, choreography or other works, regardless of whether the production is intended to be performed on stage, platform, street or other venue.[5/2008 Section 3]

Durations

[edit]

The 2008 version of the law states that:

  • Copyright and moral rights of the author are protected during the life of the author and for fifty years after his death.[5/2008 Section 18(1)]
  • A "Work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the contribution of each author is not separate from that of the other author or authors and the work does not qualify as a “collective work” under the definition of "collective work".[5/2008 Section 3] Copyright and moral rights are protected during the life of the last surviving author and for fifty years after his death.[5/2008 Section 18(2)]
  • A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural person or legal entity, with the understanding that it will be published by the latter person or entity under his or its own name and subject to the moral rights of the contributing natural persons.[5/2008 Section 3] For collective works other than works of applied art, and for audio-visual works, copyright and moral rights are protected for
    • 75 years from the date on which the work was first published;
    • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
    • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.[5/2008 Section 18(3)]
  • For works published anonymously or under a pseudonym where the author's identity does not become known, copyright and moral rights are protected for
    • 75 years from the date on which the work was first published;
    • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
    • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.[5/2008 Section 18(4)]
  • 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 [5/2008 Section 3. For works of applied art, copyright and moral rights are protected for 25 years from the making of the work.[5/2008 Section 18(5)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[5/2008 Section 18(6)]

==Not protected==There is no copyright protection for any official text of a legislative, administrative or legal nature, as well as any official translation thereof; or political speeches and speeches delivered in the course of legal proceedings. However, collections of such texts or speeches may be protected if they are original by reason of the selection, co-ordination or arrangement of their contents.[5/2008 Section 7]

Freedom of panorama

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OK {{FoP-Trinidad and Tobago}} The 2008 Copyright Act states, "Notwithstanding the provisions of sections 8(1) and 16, the inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[5/2008 Section 17]

Citations

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  1. a b Trinidad and Tobago Copyright and Related Rights (Neighboring Rights)[5], WIPO: World Intellectual Property Organization, 2018
  2. Copyright Act, Cap. 82:80 8 of 1997 amended by 18 of 2000, 5 of 2008[6], Trinidad and Tobago, 2008
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:Turks and Caicos Islands

Turks and Caicos Islands

Other region, e.g. dependency, union, former country

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

Background

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The Turks and Caicos Islands (TCI) is a British Overseas Territory in the West Indies and North Atlantic Ocean. Turks and Caicos Islands is self-governing, and its government enacts local laws. These are generally based on United Kingdom laws.

The United Kingdom Copyright Act 1911 applies to the TCI and covers, for example, original literary, dramatic, musical and artistic works, and film soundtracks.[1] The National Archives holds an online copy of the 1911 Act as originally enacted.[2]

General

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Under the Copyright Act 1911,

  • The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author and a period of fifty years after his death.[1911 Sec.3]
  • In the case of a work of joint authorship, copyright shall subsist during the life of the author who first dies and for a term of fifty years after his death, or during the life of the author who dies last, whichever period is the longer.[1911 Sec.16(1)]
  • In the case of a literary dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published, nor, in the case of a dramatic or musical work, been performed in public, nor, in the case of a lecture, been delivered in public, before that date, copyright shall subsist till publication, or performance or delivery in public, whichever may first happen, and for a term of fifty years thereafter.[1911 Sec.17(1)]
  • Without prejudice to any rights or privileges of the Crown, where any work has, whether before or after the commencement of this Act, been prepared or published by or under the direction or control of His Majesty or any Government department, the copyright in the work shall, subject to any agreement with the author, belong to His Majesty, and in such case shall continue for a period of fifty years from the date of the first publication of the work.[1911 Sec.18]
  • The term for which copyright shall subsist in photographs shall be fifty years from the making of the original negative from which the photograph was directly or indirectly derived.[1911 Sec.21]

Freedom of panorama

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OK for architecture, sculptures, and works of artistic craftsmanship.  Not OK for other types of artistic works.

Under the Copyright Act 1911,

  • The following acts shall not constitute an infringement of copyright ... The making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art.[1911 Sec.2(iii)]

See also

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Citations

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  1. Owen Foley and Stephen Savage. Doing business in the Turks and Caicos Islands. Retrieved on 2019-03-15.
  2. Copyright Act 1911. Retrieved on 2019-03-15.
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

United States Virgin Islands

Other region, e.g. dependency, union, former country

Location of United States Virgin Islands

The United States Virgin Islands is a group of islands in the Caribbean. Legally they are an unincorporated and organized territory of the United States. They are subject to United States federal law, but may also enact local laws.

Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[1] This is because US federal copyright law applies to "the organized territories under the jurisdiction of the United States Government," (17 U.S.C. 101) and the Virgin Islands became an organized territory with 48 U.S.C. 1541.[2] Copyright is governed by the US Copyright Act 1976, a Federal statute, and subsequent amendments.

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Further information: Commons:Copyright rules by territory/United States#TAG

Currency

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Further information: Commons:Copyright rules by territory/United States#CUR

Freedom of panorama

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Further information: Commons:Copyright rules by territory/United States#FOP

Stamps

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Further information: Commons:Copyright rules by territory/United States#Stamps

See also

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Citations

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  1. Circular 38a: International Copyright Relations of the United States 14. U.S. Copyright Office. Retrieved on 2019-03-14.
  2. The application of Federal laws in ... American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, 2, p. 467
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