Commons:Copyright rules by territory/Consolidated list E
This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.
COM:East Timor
East Timor
Copyright rules: East Timor Shortcut: COM:EAST TIMOR | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Publish + 25 years |
Audiovisual | Publish + 50 years |
Government | Public domain |
Applied art | Life + 50 years |
Other | |
Freedom of panorama | Yes |
ISO 3166-1 alpha-3 | TLS |
Treaties | |
URAA restoration date* | 30 August 2024 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of East Timor (Timor-Leste) relevant to uploading works into Wikimedia Commons. Note that any work originating in East Timor must be in the public domain, or available under a free license, in both East Timor 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 East Timor, refer to the relevant laws for clarification.
Background
[edit]East Timor, the eastern part of the island of Timor, was a Portuguese colony until November 1975, when it declared independence. Indonesia invaded East Timor a few days later, and in 1976 it was declared a province of Indonesia. After a prolonged struggle for independence Indonesia relinquished control in 1999 and East Timor (Timor Leste) became a sovereign state on 20 May 2002.[1]
Timor-Leste became a WTO member on 30 August 2024, meaning that this is the URAA restoration date.[2]
Governing laws
[edit]As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any laws enacted by the legislature of East Timor that directly defined IP rules.[3] The UN similarly found no such copyright laws except for limited provisions in the Constitution and the Civil Code.[4] The rules applicable to Portuguese colonies or to Indonesia should be considered for works created prior to 1999. For later works, we assume that Indonesian copyright law as of 1999 applies, per a VPC discussion, that law is the Copyright Law of the Republic of Indonesia Consolidated text of law No.6/1982 As amended by law No.7/1987 and Law No.12/1987.[5][6] Per its Chapter II Copyright Validity:
- Article 26 - The copyright on:
- a. books, computer program, pamphlets, typographical arrangement of published works, and all other written works;
- b. sermons, lecturers, addresses and other works of utterance
- c. visual aids for educational and scientific purposes
- d. songs or music with or without lyrics, including arts of karawitan and phonograms;
- e. dramatic works, dances (choreographic works), puppet shows, pantomimes;
- f. all forms of arts, such as paintings, drawings, engravings, calligraphy, carving, sculptures, collages, applied arts in the form of handy crafting;
- g. architecture;
- h. maps;
- i. batik art;
- j. translations, interpretations, adaptations, anthologies, and other works as a result of changing of form or mode
shall be protected for the life of the author and 50 (fifty) years after his death.
- Article 27 (1) - The copyright on:
- a. computer programs;
- b. cinematographic works;
- c. phonograms;
- d. performances;
- e. broadcasting works;
shall be for 50 (fifty) years as from the first publication.
- Article 27 (2) - The copyright on a photographic work shall be for 25 (twenty five) years as from the first publication of the work.
- Article 27 (2a) - The copyright on typographical arrangement of a published work shall be for 25 (twenty five) years as from the first publication of the work.
And according to article 12, there shall be no copyright to:
- a. any result of open meetings of the Highest State Institutions and High State Institutions and other constitutional institutionà
- b. laws and regulations;
- c. court decisions and judicial orders;
- d. state addresses and government official speeches;
- e. awards of arbitration boards.
- 2022 Code of Copyright and Related Rights
On 29 November 2022, the East Timorese parliament approved its first-ever copyright law, the Code of Copyright and Related Rights; it comes into effect 180 days after it was published.[7] It contains 224 articles and is awaiting approval from the President of East Timor.[8] The date of effectivity is 28 May 2023. A copy of the law in Portuguese is available at the official journal of the Republic of East Timor, at pages 19–51.
Copyright tags
[edit]- {{PD-TLGov}} - works published by the Government of East Timor, public domain according to the Article 12 of 1982 Indonesian Copyright Law.[5][6] This template only applies to works published before 28 May 2023.
Freedom of panorama
[edit]OK under the new Code of Copyright and Related Rights of 2022: {{FoP-East Timor}}.
The previous law applicable for East Timor, the 1982 Indonesian Copyright Law, did not provide a suitable freedom of panorama for free uses of images of copyrighted artistic works and architecture in public spaces.
Under the new Code of Copyright and Related Rights (2022), a freedom of panorama legal right is provided that is apparently based on Portuguese model:
- The use of works, such as, for example, works of architecture or sculpture, made to be kept permanently in public places;
- Original (Portuguese) text: A utilização de obras, como, por exemplo, obras de arquitetura ou escultura, feitas para serem mantidas permanentemente em locais públicos;[2022/Article 129(2)(o)]
See also
[edit]- Timor Lorosa'e
- Commons:Copyright rules by territory/Indonesia
- Commons:Copyright rules by territory/Portugal
- Category:East Timor FOP cases
Citations
[edit]- ↑ East Timor profile - Timeline. BBC. Retrieved on 2018-11-05.
- ↑ https://www.wto.org/english/news_e/news24_e/acc_22jul24_e.htm
- ↑ Timor-Leste Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
- ↑ Readiness Assessment for Cross-Border Paperless Trade: Timor-Leste 2019
- ↑ a b The Main Characteristics of the Timorese Legal System – a Practical Guide 177. Retrieved on 2021-04-26.
- ↑ a b the Copyright Law of the Republic of Indonesia Consolidated text of law No.6/1982 As amended by law No.7/1987 and Law No.12/1987. WIPO: World Intellectual Property Organization. Retrieved on 2021-04-26.
- ↑ East Timor: Approved the first Code of Copyright and Related Rights. Inventa (2022-12-13). Retrieved on 2023-03-11.
- ↑ Borges, Nelia (2022-11-29). "TL's copyright law is prepared to be submitted to the President for its promulgation". Tatoli.
COM:Ecuador
Ecuador
Copyright rules: Ecuador Shortcut: COM:ECUADOR | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Other | |
Freedom of panorama | No |
Common licence tags |
{{PD-old-auto}} {{PD-EC-exempt}} |
ISO 3166-1 alpha-3 | ECU |
Treaties | |
Berne convention | 9 October 1991 |
Univ. Copyright Convention | 5 June 1957 |
WTO member | 21 January 1996 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 6 March 2002 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Ecuador relevant to uploading works into Wikimedia Commons. Note that any work originating in Ecuador must be in the public domain, or available under a free license, in both Ecuador 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 Ecuador, refer to the relevant laws for clarification.
Background
[edit]Ecuador was colonized by Spain during the 16th century. It became independent in 1820 as part of Gran Colombia, and became a sovereign state in 1830.
Ecuador has been a member of the Universal Copyright Convention since 5 June 1957, the Berne Convention since 9 October 1991, the World Trade Organization since 21 January 1996 and the WIPO Copyright Treaty since 6 March 2002.[1] Ecuador is also a member of the Andean Community of Nations. In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.[2][3]
The UNHCR holds a copy of Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual.[4] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, held a copy of the Organic Code of Social Economy of Knowledge, Creativity and Innovation in their WIPO Lex database.[5] This new law, passed in 2016, repealed the 1998 Intellectual Property Law, which was last amended in 2014. A copy of the 2006 amendment of this old law, Codification No. 2006-13, was held by the WIPO Lex database.[6] The 1998 law, in turn, repealed the Law on Copyright (Ley de Derechos de Autor) of 1976. WIPO included these laws among those enacted by the legislature.[1]
The 1998 law did not restore copyrights to works that were already in public domain.[2006-13 Art.378(Third)]
The 2016 law is not retroactive regarding intellectual property rights that were validly granted with national legislation, but is retroactive in terms of uses, enjoyment, obligations, licenses, renewals and extensions, as well as ongoing legal procedures.[2016 Disposiciones Transitorias(Décima Cuarta)]
General rules
[edit]Under the Intellectual Property Law (Codification No. 2006-13),
- Economic rights shall last throughout the author's lifetime and for 70 years after their death, regardless of the country of origin of the work.[2006-13 Art.80]
- With works of joint authorship, the period of protection shall commence on the death of the last joint author.[2006-13 Art.80]
- With posthumous works, the period of 70 years shall commence on the date of the author's death.[2006-13 Art.80]
- An anonymous work the author of which does not make byself known within 70 years of the date of first publication shall enter the public domain. Where the identity of the author of a work published under a pseudonym is not known, the work shall be considered anonymous.[2006-13 Art.80]
- Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006-13 Art.81]
- 1976 law
The Law on Copyright (1976), which was repealed by the Intellectual Property Law (1998, last-amended in 2014), provided a term of 50 years after author's death.[7] However, works that became public domain before the enactment of the 1998 law are not affected by the extension of term to 70 years, as per the third transitional provision under the Article 378 of the 1998 law.
Not protected
[edit]{{PD-EC-exempt}}. The following shall not be protected: ... legal and regulatory provisions, judicial decisions, and instruments, agreements, deliberations and rulings of public bodies, and also the official translations thereof.[2006-13 Art.10] Coats of arms, flags and other official symbols are not explicitly exempted from copyright protection, but they may be in the public domain if a decree or resolution originating from the proper public office, adopting such emblem or symbol, is found.
Freedom of panorama
[edit]Not OK {{NoFoP-Ecuador}}
See Andean Community:Freedom of panorama.
The Organic Code of Social Economy of Knowledge, Creativity and Innovation (2016) provides a restrictive freedom of panorama that does not allow commercial uses of images of copyrighted works permanently found in public spaces:
- The reproduction, adaptation, distribution or public communication for scientific or educational purposes and to guarantee access to people with disabilities of architectural, photographic, fine arts, applied art or other similar works, which are permanently located in places open to the public, through photography, painting, drawing, filming or any other similar technique or procedure, provided that the name of the author of the original work, if known, and the place where it is located are indicated.[2016 Art.212(7)]
The repealed Intellectual Property Law (1998, last-amended in 2014) provided a more lenient exception, under Article 83(f), permitting the use of works permanently located in public spaces as long as "the purpose is strictly the dissemination of art, science and culture." However, under the fourteenth provision of the "Disposiciones Transitorias" of the 2016 Organic Law, rules of the current copyright law are prevailing regarding uses, enjoyment, obligations, licenses, renewals, and extensions.
Decision 351 of the Andean Community of Nations provides for freedom of panorama: "Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".[351/1993 Article 22(h)]
Nevertheless, the member states such as Ecuador have the leeway to restrict FoP rules. According to Cerda Silva (2012), "the Decision only set forth a minimum legal standard, allowing the standard to be heightened by domestic law. This is the case for moral rights recognized for authors, economic exclusive rights, term of protection, and exceptions and limitations to copyright."[2]
See Commons:Village pump/Copyright/Archive/2024/05#Ecuadorian FoP in the new law for the discussion.
Stamps
[edit]Under the Intellectual Property Law (Codification No. 2006-13) there is no exception for stamps, which would be protected for 70 years from publication.
- Protected works shall include, inter alia, the following: ... works of painting, drawing, engraving and lithography ....[2006-13 Art.8(f)]
- The employer or commissioner owns copyright in works by made employees or commissioned.[2006-13 Art.16]
- Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006-13 Art.81]
Threshold of originality
[edit]See Andean Community: Threshold of originality
See also
[edit]Citations
[edit]- ↑ a b Ecuador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ a b Cerda Silva, Alberto J. (2012). Copyright Convergence if the Andean Community of Nations. Intellectual Property Law Section of the State Bar of Texas. Retrieved on 2018-11-30.
- ↑ Andean Community (17 December 1993). Decision No. 351—Common Provisions on Copyright and Neighboring Rights. Retrieved on 2018-12-01.
- ↑ Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual (1998). Retrieved on 2018-12-12.
- ↑ Organic Code of Social Economy of Knowledge, Creativity and Innovation. Ecuador (2016).
- ↑ Intellectual Property Law (Codification No. 2006-13). Ecuador (2006). Retrieved on 2018-11-08.
- ↑ Cardoso, Pablo. The Economic Contribution of Copyright Industries in the Republic of Ecuador. World Intellectual Property Organization. Retrieved on 2024-05-30.
COM:Egypt
Egypt
Copyright rules: Egypt Shortcut: COM:EGYPT | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Publish + 50 years |
Collective | Publish + 50 years |
Posthumous | Publish + 50 years |
Applied art | Publish + 25 years |
Other | |
Freedom of panorama | Yes |
Common licence tags |
{{PD-Egypt}} {{PD-Egypt-folklore}} {{PD-Egypt-official}} {{PD-Egypt-stamp}} |
ISO 3166-1 alpha-3 | EGY |
Treaties | |
Berne convention | 7 June 1977 |
WTO member | 30 June 1995 |
URAA restoration date* | 1 January 1996 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Egypt relevant to uploading works into Wikimedia Commons. Note that any work originating in Egypt must be in the public domain, or available under a free license, in both Egypt 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 Egypt, refer to the relevant laws for clarification.
Background
[edit]The British took effective control of Egypt in the late 19th century, and on 5 November 1914 it became a British protectorate. Britain unilaterally declared that Egypt was independent on 22 February 1922, but retained a military presence until 1954.
Egypt has been a member of the Berne Convention since 7 June 1977 and the World Trade Organization since 30 June 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 82 of 2002 on the Protection of Intellectual Property Rights as the main IP law enacted by the legislature of Egypt.[1] WIPO holds the text of this law in their WIPO Lex database.[2] A copy of the English text is also held on Commons.[3] Law No. 82 of 2002 repealed Law #354 of 1954, and repealed any provisions of that law that contradicted the provisions of the new law.[82/2002 Article 2(c)]
General rules
[edit]According to Law No. 82 of 2002,
- The author's economic rights are protected throughout the lifetime of the author and for 50 years from the date of his death.[82/2002 Article 160]
- The economic rights relating to works of joint authorship are protected throughout the lives of all co-authors and for 50 years from the death of the last survivor.[82/2002 Article 161]
- For collective works, other than works of applied art,
- Where the copyright holder is a legal entity, the economic rights are protected for 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 162]
- Where the copyright holder is a natural person, the protection period is calculated as in Articles 160 and 161.[82/2002 Article 162]
- The economic rights relating to a posthumous work expire after 50 years from the date the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 162]
- The economic rights relating to a work published anonymously or under pseudonym are protected for 50 years from the date the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 163]
- The economic rights of the author of a work of applied art expire 25 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 164]
- Producers of sound recordings enjoy an exclusive economic right for 50 years from the date on which the recording was made or made public, whichever comes first.[82/2002 Article 167]
United States status
[edit]As a result of the Uruguay Round Agreements Act,
- For non-creative photographic or audiovisual works copyright has expired in Egypt if published prior to 1987 and copyright has expired in the U.S. if published prior to 1981.
- For other works with an identifiable author, copyright has expired in Egypt if the author died prior to 1974 and copyright has expired in the U.S. if the author died prior to 1946 or published prior to 1929.
- For other works that are either anonymous or pseudonymous, copyright has expired in Egypt if published prior to 1974 and copyright has expired in the U.S. if published prior to 1946
- For other works (e.g. collective works) whose copyright is held by a legal person, copyright has expired in Egypt if published prior to 1974 and copyright has expired in the U.S. if published prior to 1946.
National folklore
[edit]National folklore is any expression which consists of distinctive elements reflecting the traditional popular heritage, which originated or developed in Egypt, including in particular:[82/2002 Article 138(7)]
- Oral expressions such as folk tales, poetry and charades, and other folklore;
- Musical expressions such as popular songs accompanied by music;
- Motion expressions, such as popular dances, plays, artistic forms and rituals;
- Tangible expressions such as: Products of popular plastic art, particularly drawings with lines and colours, engravings, sculpture, ceramics, pottery, woodwork and any inlaid designs, mosaics, metal or jewellery, hand-woven bags, needlework, textiles, carpets and clothes; Musical instruments; Architectural forms.
National folklore shall be considered part of the public domain of the people. The competent ministry shall exercise the author's economic and moral rights and shall protect and support such folklore.[82/2002 Article 142]
Copyright tags
[edit]- {{PD Egypt}} – for all works other than those listed below.
- {{PD-Egypt-folklore}} – for works deemed part of Egypt's national folklore.
- {{PD-Egypt-official}} – for official documents.
- {{PD-Egypt-stamp}} – for Egyptian stamps published prior to 1946.
- {{FoP-Egypt}} — For photographs that benefit from the principle of freedom of panorama
Currency
[edit]OK According to Law No. 82 of 2002 on the Protection of Intellectual Property Rights: "[Copyright protection] shall not cover the following: Official documents, whatever their source or target language, such as laws, regulations, resolutions and decisions, international conventions, court decisions, award of arbitrators and decisions of administrative committees having judicial competence."[82/2002 Article 141]
Freedom of panorama
[edit]OK even for 2-D artworks. {{FoP-Egypt}}
According to Article 171 of Law No. 82 of 2002:
- Without prejudice to the moral rights of the author, pursuant to the provisions of the law herein, the author may not prevent third parties, after the publication of his work, from undertaking any of the following acts: ...[82/2002 Article 171]
- Make a single copy of the work for one's exclusive personal use, provided that such a copy shall not hamper the normal exploitation of the work nor cause undue prejudice to the legitimate interests of the author or copyright holders;
- However, the author or his successor may, after the publication of the work, prevent third parties from carrying out any of the following acts without his authorization:
- Reproduction or copying works of fine, applied or plastic arts, unless they were displayed in a public place, or works of architecture; ...[82/2002 Article 171(2)]
By expressly denying the copyright holder the ability to enforce his copyright on works "displayed in a public place, or works of architecture" freedom of panorama for these items is implied. "Applied art" means art incorporated into useful articles. Plastic arts are three dimensional artworks. Fine arts are painting, photography, and sculpture, so Egypt's FOP is relatively broad, covering everything except text.
See also
[edit]Citations
[edit]- ↑ a b Egypt Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law No. 82 of 2002 on the Protection of Intellectual Property Rights. Egypt (2002). Retrieved on 2018-11-04.
- ↑ Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights
COM:El Salvador
El Salvador
Copyright rules: El Salvador Shortcut: COM:EL SALVADOR | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Other | |
Freedom of panorama | For exterior architecture and most types of public art |
Common licence tags | {{PD-old-auto}} |
ISO 3166-1 alpha-3 | SLV |
Treaties | |
Berne convention | 19 February 1994 |
Univ. Copyright Convention | 29 March 1979 |
WTO member | 7 May 1995 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 6 March 2002 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of El Salvador relevant to uploading works into Wikimedia Commons. Note that any work originating in El Salvador must be in the public domain, or available under a free license, in both El Salvador 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 El Salvador, refer to the relevant laws for clarification.
Background
[edit]El Salvador was colonized by Spain in the early 16th century. It became independent in 1821, apart from periods when it was part of the First Mexican Empire (1821–23), Federal Republic of Central America (1823–41) and Greater Republic of Central America (1895–98).
El Salvador has been a member of the Universal Copyright Convention since 29 March 1979, the Berne Convention since 19 February 1994, the World Trade Organization since 7 May 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) as the main IP law enacted by the legislature of El Salvador.[1] WIPO holds the text of this law in their WIPO Lex database.[2] It supersedes the Legislative Decree No. 604 of 15 July 1993.[2] WIPO also holds a copy on the 1993 law.[3]
General rules
[edit]According to the Law on Intellectual Property as amended up to February 15, 2017,
- Protection when the author is a natural person applies during the life of the author and 70 years from the day of his death.[2017 Article 86(a)]
- For joint authorship, protection lasts for 70 years from the death of the last surviving co-author.[2017 Article 86(a)]
- For anonymous or pseudonymous works, protection lasts for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(b)]
- When protection is not based on the author's life, the period will be for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(c)] If there is no authorized disclosure in the 50 years after creation, the period will be for 70 years from 1 January after the year of creation.[2017 Article 86(c)]
The protection term was 50 years in the law of 1993.
Freedom of panorama
[edit]OK for exterior architecture and most types of public art. {{FoP-El Salvador}}
- "The following shall be allowed without the consent of the author or remuneration: . . . the reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the exterior façade".[2017 Article 45 (f)]
Spanish text:
Respecto de las obras ya divulgadas lícitamente, es permitida sin autorización del autor ni remuneración: . . . La reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, por medio de un arte diverso al empleado para la elaboración del original. Respecto de los edificios, dicha facultad se limita a la fachada exterior.
Stamps
[edit]According to the 2017 revision, works owned by legal entities are protected for 70 years counted from 1 January of the year following that of first publication.[2017 Article 86(c)]
Translation of the specific permission to use images of postage stamps for non-commercial educational, philatelic and cultural purposes was contained in an email message dated 11 January 2007 from Silvia María Orantes, Head of the Philatelic Office, Government of El Salvador but commercial restriction images are not permitted here.
See also
[edit]Citations
[edit]- ↑ a b El Salvador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ a b Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017). El Salvador (2017). Retrieved on 2018-11-04.
- ↑ Law on the Promotion and Protection of Intellectual Property Rights (Legislative Decree No. 604 of 15 July 1993). El Salvador (1993).
COM:Equatorial Guinea
Equatorial Guinea
Copyright rules: Equatorial Guinea Shortcut: COM:EQUATORIAL GUINEA | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Publish + 50 years |
Audiovisual | Publish + 50 years |
Collective | Publish + 50 years |
Applied art | Create + 25 years |
Other | |
Freedom of panorama | Assume no |
ISO 3166-1 alpha-3 | GNQ |
Treaties | |
Berne convention | 26 June 1997 |
Bangui Agreement | 23 November 2000 |
URAA restoration date* | 26 June 1997 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Equatorial Guinea relevant to uploading works into Wikimedia Commons. Note that any work originating in Equatorial Guinea must be in the public domain, or available under a free license, in both Equatorial Guinea 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 Equatorial Guinea, refer to the relevant laws for clarification.
Background
[edit]The Spanish colonies of Bioko and Rio Muni were united in 1926 to form the colony of Spanish Guinea. In 1959 its status was raised from "colonial" to "provincial". In 1968 Equatorial Guinea became an independent republic.
Equatorial Guinea has been a member of the Berne Convention since 26 June 1997.[1]
As of 2024 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Spanish 1889 Civil Code as the main IP law. It was prevously alleged that the Law of January 10, 1879, on Intellectual Property applied, but it has not been mentioned in the EU's IP Country Fiche, which only lists the 1963 penal code. [1] WIPO holds the text of this law in their WIPO Lex database.[2]
Article 428 of the 1889 Civil Code only makes a vague statement about copyright: "The author of a literary, scientific or artistic work has the right to exploit it and dispose of it at will." [1889 Article 428] The following article states that the Law on Intellectual Property (RCL 1960, 1042) determines the people to whom that right belongs, the form of its exercise and the length of its duration. In cases not provided for or resolved by said Special Law, the general rules established in this Code on property will apply. [1889 Article 429] However, the 1960 law (1960, 1042) is actually a law on horizontal property which does not contain any copyright-related provisions.
The 1963 Penal Code had provisions on copyright, but it was repealed in 2022 by a new one.
Since Equatorial Guinea is a member of the Bangui Agreement, Part 1 Title 1 Article 5 states that any provisions contrary to the agreement will be repealed, and the copyright provisions are just a baseline[Bangui Agreement Part 1 Title 1 Article 5], we will assume that the Bangui Agreement (specifically Title 7 which is on copyright) applies.
General rules
[edit]Under the Bangui Agreement,
- Econonomic rights are protected for the author's life and 50 years after his death.[Bangui Agreement Title 7 Article 26]
- Econonomic rights of a work of joint authorship are protected for the author's life and 50 years after his death.[Bangui Agreement Title 7 Article 27]
- Anonymous and pseudonymous works are protected for 50 years after publication or 50 years after creation if it was not published within the time.[Bangui Agreement Title 7 Article 28]
- Collective and audiovisual works are protected for 50 years after publication or 50 years after creation if it was not published within the time.[Bangui Agreement Title 7 Article 29]
- Works of applied art are protected for 25 years from their creation.[Bangui Agreement Title 7 Article 30]
Currency
[edit]OK. Bank of Central African States, which issues Central African CFA franc used in Equatorial Guinea, is based in Cameroon. Article 3c of the main IP law of Cameroon, the 2000 Copyright law, explicitly excludes banknotes and coins from copyright protection.
Please use {{PD-CA-CFA-franc}} for Central African CFA franc images.
See also: COM:CUR Cameroon
Freedom of panorama
[edit]Not OK. The 1889 Civil Code only listed a vague statement about copyright[1889 Article 428] and the Bangui Agreement has a limited FoP exception which does not allow reproduction of architecture in images if the work. [Bangui Agreement Title 7 Article 16]
Citations
[edit]- ↑ a b Equatorial Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Law of January 10, 1879, on Intellectual Property. Equatorial Guinea (1879). Retrieved on 2018-11-05.
COM:Eritrea
Eritrea
Copyright rules: Eritrea Shortcut: COM:ERITREA | |
Durations | |
---|---|
Standard | Life + 50 years |
Posthumous | Publish + 50 years |
Other | |
Freedom of panorama | No |
Common licence tags | {{PD-Eritrea}} |
ISO 3166-1 alpha-3 | ERI |
Treaties | |
URAA restoration date* | none |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Eritrea relevant to uploading works into Wikimedia Commons. Note that any work originating in Eritrea must be in the public domain, or available under a free license, in both Eritrea 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 Eritrea, refer to the relevant laws for clarification.
Background
[edit]Italian Eritrea, a colony of the Kingdom of Italy, was established in 1889. The British took over from 1941 to 1950, when Eritrea became loosely federated with Ethiopia. Eritrea broke away from Ethiopia in 1991 and declared independence in May 1993.
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Provisional Commercial Code of Eritrea and Provisional Civil Code of Eritrea of 1993 (Extracts relating to Intellectual Property rights) as the main IP law enacted by the legislature of Eritrea.[1]
WIPO holds the text of this law in their WIPO Lex database.[2]
General terms
[edit]- The author’s right to authorize the production, reproduction or adaptation of his work may, after his death, be exercised by his heirs for a period of fifty years from the time of the publication of the work.[1993 Art.1670]
- A work published after the death of its author is protected for a period of fifty years as from the date of publication.[1993 Art.1672]
- Photographs are only protected if they are printed in a book or are part of a collection, or if they bear the name and address of the author or their agent.[1993 Art.1662]
Freedom of panorama
[edit]Not OK. The 1993 Provisional Commercial Code of Eritrea contains nothing that could be considered a waiver allowing pictures of buildings or works or art in public places to be used for commercial purposes without permission of the copyright holder.
Note that due to lack of a copyright treaty, most works from Eritrea are in the public domain in the United States and most other countries. However, files uploaded to Commons must also be free in the country of origin.
Citations
[edit]COM:Estonia
Estonia
Copyright rules: Estonia Shortcut: COM:ESTONIA | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Audiovisual | Life + 70 years |
Collective | Publish + 70 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
Common licence tags |
{{PD-old-auto}} {{PD-EE-exempt}} |
ISO 3166-1 alpha-3 | EST |
Treaties | |
Berne convention | 26 October 1994 |
WTO member | 13 November 1999 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 14 March 2010 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Estonia relevant to uploading works into Wikimedia Commons. Note that any work originating in Estonia must be in the public domain, or available under a free license, in both Estonia 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 Estonia, refer to the relevant laws for clarification.
Background
[edit]Estonia declared independence from Russia on 24 February 1918.
- In 1940, the country was annexed and occupied by the Soviet Union, which "incorporated" into the USSR as the Estonian Soviet Socialist Republic on 21 July 1940.
- Estonia was occupied by Germany between 1941 and 1944.
- For a few days after the German forces left, Estonia was free.
- The country was then reoccupied by the Soviet Union until 1991. The Soviet occupation was not recognised by the United States and a number of other Western countries.
Estonia restored its independence on 20 August 1991.
Estonia has been a member of the Berne Convention since 26 October 1994, the World Trade Organization since 13 November 1999 and the WIPO Copyright Treaty since 14 March 2010.[1]
As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017) as the main copyright law enacted by the legislature of Estonia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Estonian Ministry of Justice provides the current consolidated text in Estonian.[3] They also provide a consolidated English translation.[4]
General rules
[edit]Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017),
- The term of protection of copyright is the life of the author and 70 years after his or her death except in the cases prescribed in §§39–42 of this Act.[1992/2017 §38(1)]
- The term of protection of copyright in a work created by two or more persons as a result of their joint creative activity is the life of the last surviving author and 70 years after his or her death.[1992/2017 §39]
- In the case of anonymous or pseudonymous works where the author does not become known, the term of protection of copyright shall run for 70 years after the work is lawfully made available to the public.[1992/2017 §40]
- The term of protection of copyright in a collective work or work created in the execution of duties runs for 70 years after the work is lawfully made available to the public.[1992/2017 §41(1)]
- The term of protection of copyright in an audiovisual work expires 70 years after the death of the last surviving author (director, script writer, author of dialogue, author of a musical work specifically created for use in the audiovisual work).[1992/2017 §41(1.1)]
- If a collective work, work created in the execution of duties or audiovisual work is not made available to the public 50 years after creation, the term of protection of copyright expires 70 years after the creation of the work.[1992/2017 §41(2)]
The above terms begin on 1 January of the year following the year of the death of the author, year when the work was lawfully made available to the public or year of creation of the work, as applicable.[1992/2017 §43]
Collective works
[edit]A collective work is a work which consists of contributions of different authors which are united into an integral whole by a natural or a legal person on the initiative and under the management of this person and which is published under the name of this natural or legal person (works of reference, collections of scientific works, newspapers, journals and other periodicals or serials, etc.).[1992/2017 §31(1)] Copyright in a collective work shall belong to the person on whose initiative and under whose management the work was created and under whose name it was published unless otherwise prescribed by contract.[1992/2017 §31(2)] The authors of the works included in a collective work (contributions) shall enjoy copyright in their works and they may use their works independently unless otherwise determined by contract. Authors of contributions are not deemed to be joint authors or co-authors.[1992/2017 §31(3)]
Not protected
[edit]Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017), copyright does not apply to ideas, images, notions, theories, processes, systems, methods, concepts, principles, discoveries, inventions, and other results of intellectual activities which are described, explained or expressed in any other manner in a work; works of folklore; legislation and administrative documents (acts, decrees, regulations, statutes, instructions, directives) and official translations thereof; court decisions and official translations thereof; official symbols of the state and insignia of organisations (flags, coats of arms, orders, medals, badges, etc.); news of the day; facts and data; ideas and principles which underlie any element of a computer program, including those which underlie its user interfaces.[1992/2017 §5]
Copyright tags
[edit]- {{PD-EE-exempt}} – copyright does not apply to works of folklore, legislation and administrative documents, court decisions and official translations thereof; official symbols of the state and insignia of organizations. Freedom of panorama in Estonia is restricted to non-commercial uses only, or to overview photos.
Freedom of panorama
[edit]Not OK, only non-commercial use allowed if the work is the main subject. {{NoFoP-Estonia}}
Under the Copyright Act of 11 November 1992 (consolidated text of February 1, 2017): It is permitted to reproduce works of architecture, works of visual art, works of applied art or photographic works which are permanently located in places open to the public, without the authorisation of the author and without payment of remuneration, by any means except for mechanical contact copying, and to communicate such reproductions of works to the public except if the work is the main subject of the reproduction and it is intended to be used for direct commercial purposes. If the work specified in this section carries the name of its author, it shall be indicated in communicating the reproduction to the public.[1992/2017 §20¹]
An obviously unsuitable freedom of panorama for architecture exists, in which architecture can be freely used, but for purpose of "real estate advertisements" only.[1992/2017 §20²]
Currency
[edit]OK. Estonian currency was removed from the public domain in 2000.[5] However, Bank of Estonia (Eesti Pank), which holds the copyright to the design of the currency, has allowed reproduction under certain terms:
- Banknotes: As long as reproductions in advertising or illustrations cannot be mistaken for genuine banknotes they can be used without prior authorisation of the Bank of Estonia. Same kind of restrictions apply to reproductions of Estonian kroon banknotes as do to euro banknotes.[6]
- Coins: Reproduction in a non-relief (drawings, paintings, films) format is authorised, provided they are not detrimental to the image of the Estonian kroon.
Please use {{EEK banknote}} or {{EEK coin}} for Estonian currency images.
See also
[edit]- Eesti
- Category:Estonian FOP cases
- Category:License tags of Estonia
- Commons:Copyright rules by territory/European Union
- Commons:Copyright rules by territory/Soviet Union
Citations
[edit]- ↑ a b Estonia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright Act (consolidated text of February 1, 2017). Estonia (2017). Retrieved on 2018-11-11.
- ↑ Autoriõiguse seadus (in Estonian). Justiitsministeerium. Retrieved on 2019-02-10.
- ↑ Copyright Act. Ministry of Justice. Retrieved on 2019-02-10.
- ↑ Autoriõiguse seaduse muutmise seadus (Copyright Act Amendment Act) (in Estonian) (27 September 2000).
- ↑ Copy of e-mail was forwarded to permissions-commons@wikimedia.org on 14 July 2008. (ticket:2008071410045309)
COM:eSwatini
Eswatini
Commons:Copyright rules by territory/eSwatini/en
COM:Ethiopia
Ethiopia
Copyright rules: Ethiopia Shortcut: COM:ETHIOPIA | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Creation + 25 years |
Anonymous | Publish + 50 years |
Audiovisual | Create/publish + 50 years |
Collective | Create/publish + 50 years |
Other | |
Freedom of panorama | No |
Common licence tags | {{PD-Ethiopia}} |
ISO 3166-1 alpha-3 | ETH |
Treaties | |
URAA restoration date* | none |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Ethiopia relevant to uploading works into Wikimedia Commons. Note that any work originating in Ethiopia must be in the public domain, or available under a free license, in both Ethiopia 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 Ethiopia, refer to the relevant laws for clarification.
Background
[edit]During the late 19th-century Scramble for Africa, Ethiopia was one of two nations to retain its sovereignty from long-term colonialism by a European colonial power, although it was occupied by Italy between 1936 and 1941.
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighboring Rights Protection Proclamation No. 410/2004 as the main IP law enacted by the legislature of Ethiopia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended in some aspects by the Copyright and Neighboring Rights Protection (Amendment) Proclamation No. 872/2014.[3]
Applicability
[edit]"Work" means a production in the literary, scientific and Artistic fields. It includes in particular: a) books, booklets, articles in reviews and newspaper, computer programs; b) speeches, lectures, addresses, sermons, and other oral works; c) dramatic, dramatico-musical works, pantomimes, choreographic works, and other works created for stage production; d) musical compositions; e) audiovisual works; f) works of architecture; g) works of drawing, painting, sculpture, engraving, lithography, tapestry, and other works of fine arts; h) photographic works; i) illustrations, maps, plans, sketches, and three dimensional works related to geography, topography, architecture or science.[410/2004 Article 2(30)]
The following are also protected as works: a) translation, adaptations, arrangements and other transformations or modifications of works, b) collection of works such as encyclopedia or anthologies or databases whether in machine readable or other form provided that such collections are original by reason of the selection or arrangement of their contents.[410/2004 Article 4] The author of a work shall be entitled to protection for his work without any formality where it is original and fixed. Photographic works, in addition to the above, shall be protected where they a) form part of a collection or are published in a book or b) bear the name and address of the author or his agent.[410/2004 Article 6]
General rules
[edit]Under the Proclamation No. 410/2004 on Copyright and Neighboring Rights Protection (Federal Negarit Gazeta):
- Economic rights shall belong to the author during his lifetime and to the heirs or legatees for 50 years from the date of death of the author.[410/2004 Article 20/1]
- In case of a work of joint authorship, the term of 50 years shall commence from the death of the last surviving author.[410/2004 Article 20/2]
- The term of 50 years of a posthumous work shall commence to run from the date of publication of the work.[410/2004 Article 20/3]
- Where the work is a work of collective work, other than an audiovisual work, the economic rights shall be protected for 50 years from the date on which the work was either made or first made available to the public, or first published, whichever date is the latest.[410/2004 Article 20/4]
- Where the work is a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was either made or first made available to the public or first published, whichever date is the latest.[410/2004 Article 20/5]
- The economic rights relating to a photographic work shall be protected for 25 years from the making of the work.[410/2004 Article 20/7]
- The economic rights relating to an audiovisual work shall be protected for 50 years beginning from the date of making of the work or communication of the work to the public, whichever date is the latest.[410/2004 Article 20/8]
- Any official text of a legislative, administrative or of legal nature, as well as official translations thereof, is not protected.[410/2004 Article 5(b)]
Commissioned works
[edit]Under the Proclamation No. 410/2004 on Copyright and Neighboring Rights Protection (Federal Negarit Gazeta):
- Where the work is a work created by an author employed or Commissioned by a person in the course of his employment or contract of service, unless agreed otherwise, the original owner of the rights shall be the employer or the person who commissioned the work.[410/2004 Article 21/4]
Lack of treaties
[edit]Copyright tags
[edit]- {{PD-Ethiopia}} – copyright term is generally 50 years after the author's death, or from the making of an audiovisual work or communication of said work to the public, whichever date is the latest. Copyright of a photographic work is 25 years from the making of the work.[410/2004 Article 20/1,7,8]
Currency
[edit]Not OK. Ethiopia's copyright law excepts "any official text of a legislative, administrative or of legal nature, as well as official translations thereof".[410/2004 Article 5(b)] The term "official text" does not seem to include banknotes. Note that, as of May 2016, Ethiopia is not a party to the Berne Convention, so Ethiopian banknotes are not protected by US copyright law. However, Commons' policy is that works must be free in both the US and the source country.
Freedom of panorama
[edit]Not OK. {{NoFoP-Ethiopia}} Ethiopian law includes buildings and sculptures and fine arts works among the works subject to rights of copyright (Part 1 - article 3 : Scope of application ) and there is no "freedom of panorama" exception.
Note that due to lack of a copyright treaty, most works from Ethiopia are in the public domain in the United States and most other countries. However, files uploaded to Commons must also be free in the country of origin.
Stamps
[edit]. There are no specific laws on the copyright status of stamps. Ethiopian stamps are in the public domain 50 years after the date of issue, per the Copyright and Neighbouring Rights Protection Proclamation No. 410/2004, which states that "Economic rights shall belong to the author during his lifetime and to the heirs or legatees for fifty years from the date of death of the author" (Art. 20) and "The economic rights relating to an audiovisual work shall be protected for fifty years beginning from the date of making of the work or communication of the work to the public, which ever date is the latest."
See also
[edit]Citations
[edit]- ↑ Ethiopia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright and Neighboring Rights Protection Proclamation No. 410/2004. Ethiopia (2004). Retrieved on 2018-11-04.
- ↑ Copyright and Neighboring Rights Protection (Amendment) Proclamation No. 872/2014. Ethiopia (2014). Retrieved on 2018-11-04.
COM:European Union
European Union
Copyright rules: European Union Shortcut: COM:EUROPEAN UNION | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Other | |
ISO 3166-1 alpha-3 | ~ |
Treaties | |
WIPO treaty | 14 March 2010 |
This page provides an overview of copyright rules of the European Union relevant to uploading works into Wikimedia Commons. Note that any work originating in the European Union must be in the public domain, or available under a free license, in both the country of origin 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 European Union, refer to the relevant laws for clarification.
Background
[edit]The European Union (EU) is a political and economic union of member states that are located primarily in Europe. The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one. A monetary union was established in 1999 and came into full force in 2002 and is composed of 19 EU member states which use the euro currency.
The Copyright Directive (officially the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society), is a directive of the European Union enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions.[1] The European Union has been a Contracting Party to the WIPO Copyright Treaty with effect from 14 March 2010.[2]
EU members are:
In addition to the normal copyright, there are some related rights that may apply:
- The publication right lasts 25 year from first publication of a previously unpublished work the copyright term of which has ended. The publisher gets exclusive copyright-like rights to the work.
- The database right is an exclusive right to some aspects of copying any significant portion of facts from a compilation, lasting 15 years, but new versions of the collection are equally protected for 15 years.
Copyright tags
[edit]The following tags apply to works published in any country which has copyright legislation harmonized to the European Union directives.
- {{PD-old-70}} – for works in the public domain because their copyright has expired in countries and areas copyrighting works for life plus 70 years or less.
- {{PD-anon-70-EU}} – anonymous work more than 70 years old (European Union).
- {{PD-EU-no author disclosure}} – anonymous work published more than 70 years ago without a public claim of authorship and no subsequent claim of authorship in the 70 years following its first publication (European Union).
- {{PD-EEA}} – Image in the public domain because it is extracted from the European Environment Agency Website, whose material is in the public domain unless otherwise stated.
- {{Attribution-Eur-Lex}} – for works of law of the European Union, as recorded on Eur-Lex
- {{Attribution-Eurostat}} – for works from the European Union's statistical agency, Eurostat
- {{PD-European-Commission}} – for works produced by the commission without specified restrictions; works on ec.europa.eu or its portal are CC-BY-4.0.
- {{EC-Audiovisual Center}} - for works from the European Commission's Audiovisual Center.
Individual countries of the European Union may also have country-specific tags.
Currency
[edit]- Euro banknotes
OK. Under conditions. (use {{Money-EU}} for images of Euro banknotes). The rules for reproducing Euro banknotes were published in the Official Journal of the European Union, L078 of 25 March 2003.[3] In summary, Euro banknotes are copyright of the European Central Bank, and the following rules apply to one-sided reproductions, such as pictures on websites:
- The size of the reproduction must be at least 125% or not greater than 75% of both the length and width of the banknote.
- Reproductions depicting a part of either side of the note should be smaller than one-third of the original side.
- On intangible reproductions (e.g. websites), the word SPECIMEN must be printed diagonally across the reproduction in Arial font or similar, in a non-transparent color contrasting with the dominant color of the note. The length of the word must be at least 75% of the length of the reproduction, and the height of the word must be at least 15% of the width of the reproduction. The resolution of the image must not exceed 72 dots per inch (dpi).
- Euro coins
OK. Common side, under conditions. Copyright of the common side of the coin lies with the Commission of the European Union, which has determined that reproduction in a format without relief (e.g. drawing, pictures), provided that they are not detrimental to the image of the euro, is authorized.[4][5][6] A deletion request was made in 2010 regarding them (Commons:Deletion requests/Template:Euro coin common face 2) and the conclusion was to keep them but they were deleted regardless. They were reinstated after a deletion review.
- "Reproduction of all or part of the common face design of the euro coins is authorised without recourse to a specific procedure in the following cases ... for photographs, drawings, paintings, films, images, and generally reproductions in flat format (without relief) provided they are in faithful likeness and are used in ways which do not damage or detract from the image of the euro."[6]
Not OK. National side may not be acceptable. Copyright of the national side of the coin is determined by the individual Member States in accordance with national legislation. It is copyrighted in some of them. For more information see Copyright of the national sides of euro circulation coins (ec.Europa.eu: XLSX format file).[7]
De minimis
[edit]The Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society allows for de minimis exception in Art. 5(3)(i):[8]
- Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: […] incidental inclusion of a work or other subject-matter in other material.
Under the generic conditions of Article 5(5):
- The exceptions and limitations provided for in paragraphs 1, 2, 3 and 4 shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightsholder.
Freedom of panorama
[edit]There is a European Parliament directive on the harmonisation of the copyright law 2001/29/EC which asserts in article 5 section 3 letter h that the copyright law of the member states may restrict the copyright rights for sculptures and buildings exposed in public places:
- "Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases: (...) (h) use of works, such as works of architecture or sculpture, made to be located permanently in public places".[9]
Citations
[edit]- ↑ Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (2001). Retrieved on 2019-01-28.
- ↑ Contracting Parties: WIPO Copyright Treaty > European Union (EU). WIPO. Retrieved on 2018-12-02.
- ↑ GUIDELINE OF THE EUROPEAN CENTRAL BANK of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes. Official Journal of the European Union 16-19 (25 March 2003).
- ↑ Reproduction rules for coins. European Commission. Retrieved on 2019-01-28.
- ↑ The euro. European Commission. Retrieved on 2019-01-28.
- ↑ a b European Commission (22 October 2001). Communication from the Commission on copyright protection of the common face design of the euro coins. Retrieved on 2019-01-28.
- ↑ Copyright of the national sides of euro circulation coins. ec.europa.eu. Retrieved on 2019-03-20.
- ↑ Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. Official Journal L 167 10-19 (22 June 2001). Retrieved on 2019-03-20.
- ↑ Freedom Of Panorama. European Parliamentary Research Service (2016). Retrieved on 2019-01-28.