Commons:Copyright rules by territory/Consolidated list K

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Copyright rules by territory

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

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

Text transcluded from
COM:Kazakhstan

Kazakhstan

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

Background

[edit]

Kazakhstan was ruled by Russia from the mid-19th century. The territory was reorganized several times after the Russian revolution of 1917, and in 1936 became the Kazakh SSR within the Soviet Union. When the Soviet Union was dissolved, Kazakhstan declared independence on 16 December 1991.

Kazakhstan has been a member of the Berne Convention since 12 April 1999, the WIPO Copyright Treaty since 12 November 2004 and the World Trade Organization since 30 November 2015.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. 6-I of June 10, 1996, on Copyright and Related Rights (as amended up to Law of No. 419-V of November 24, 2015) as the main copyright law enacted by the legislature of Kazakhstan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

Under the Law No. 6-I of June 10, 1996 (as amended up to Law of No. 419-V of November 24, 2015),

  • Copyright shall be valid during the life of the author and for the period of 70 years after his/her death, except for cases stipulated by this Article.[419/2015 Article 28.1]
  • The copyright to the work that is published anonymously or under pseudonym, shall be effective within 70 years after the date of its lawful publication.[419/2015 Article 28.4]
  • The copyright to the work created in co-authorship, shall be effective during all his/her life and within 70 years after death of the last author who outlived other co-authors.[419/2015 Article 28.5]
  • The copyright to the work that was published for the first time after thirty years from death of the author, shall be effective within 70 years after its publication starting from the first of January of a year following the year of its publishing.[419/2015 Article 28.6]
  • If the author was subject to repression and rehabilitation after his/her death, the time period for the right protection stipulated by this Article, shall come into effect from the first of January of a year following the year of rehabilitation.[419/2015 Article 28.7]
  • Calculation of time periods stipulated by this Article, shall start from the first of January of a year following the year in which a legal fact that is the basis for start of the time period, took place.[419/2015 Article 28.8]
  • Related Rights with respect to a performer, producer etc. shall be effective within 70 years after the first performance or staging.[419/2015 Article 42.1]

Collective works

[edit]

The editor who publishes encyclopedias, encyclopedia reference books, periodic and continuous collections of scientific works, newspapers, magazines and other periodicals, shall have exclusive rights to use such works as a single whole. When using such works in any way, the editor shall have the right to indicate his/her name or to claim such indication. Authors of works included in such periodicals shall keep exclusive rights to use their works irrespective of the periodical as a whole.[419/2015 Article 11.2]

Not protected

[edit]

The following shall not be copyright objects: 1) official documents (laws, court decisions, other texts of legislative, administrative, judicial, and diplomatic nature), and their official translations; 2) state emblems and signs (flags, emblems, decorations, banknotes, and other state symbols and signs); 3) works of folklore; 4) messages about events and facts which are of informational nature.[419/2015 Article 8]

[edit]
  • {{PD-KZ-exempt}} – for official documents (laws, court decisions and other texts of a legislative, administrative, judicial or diplomatic nature) together with official translations thereof, state emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs), works of folklore, communications concerning events and facts that have an informational character.

Currency

[edit]

OK Banknotes, together with other state symbols, are explicitly excluded from copyright by article 8 of Copyright law of Kazakhstan.[419/2015 Article 8]

Please use {{PD-KZ-exempt}} for Kazakhstan currency images.

Freedom of panorama

[edit]

 Not OK Only incidental, non-commercial use is allowed.

It shall be allowed, without consent of the author or owner of the right and without paying out royalties, to reproduce, to broadcast and (or) communicate for general information via cable of works of architecture, photography, fine arts, that are permanently located in the place open for free access, except for cases when the image of the work is the main object of such reproduction, broadcasting and (or) communication for general information via cable, or when the image of the work is used for commercial purposes. [419/2015 Article 21]

Stamps

[edit]

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

Pursuant to Article 8 of Law No. 6-I of the Republic of Kazakhstan On Copyright and Associated Rights dated June 10, 1996, "official symbols and signs (flags, coats of arms, decorations, bills and coins and other official symbols and signs)" are not copyrighted.[419/2015 Article 8] Pursuant to Article 1 of Law No. 386-II of Kazakhstan On Post dated February 8, 2003, official signs of postage include "stamps, souvenir sheets, stamped covers, postcards, postage meter marks and other signs introduced into circulation by the authorised agency, which confirm that postal operator services have been paid."

See also

[edit]

Citations

[edit]
  1. a b Kazakhstan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 6-I of June 10, 1996, on Copyright and Related Rights (as amended up to Law of No. 419-V of November 24, 2015). Kazakhstan (2015). 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
Text transcluded from
COM:Kenya

Kenya

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

Background

[edit]

The British established a protectorate in what is now Kenya in 1895, followed by the Kenya Colony in 1920. Kenya gained independence in December 1963.

Kenya has been a member of the Berne Convention since 11 June 1993 and the World Trade Organization since 1 January 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, 2001 (Chapter 130) (Revised Edition 2014) as the main copyright law enacted by the legislature of Kenya.[1] WIPO holds the text of this law in their WIPO Lex database.[2] WIPO also listed the The Protection of Traditional Knowledge and Cultural Expressions Act, 2016 as one of the main copyright laws.[1] This defines special limitations on exploitation of traditional knowledge and cultural expressions where the author is unknown, which are seen as property of the communities of origin.[3]

General rules

[edit]

Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014),

  • A literary, musical or artistic work other than photographs is protected until 50 years after the end of the year in which the author dies.[Cap 130 Rev 2014 Section 23(2.1)]
  • Audio-visual works and photographs are protected until 50 years from the end of the year when the work was either made, first made available to the public or first published, whichever date is latest.[Cap 130 Rev 2014 Section 23(2.2)]
  • Sound recordings are protected until 50 years after the end of the year in which the recording was made.[Cap 130 Rev 2014 Section 23(2.3)]
  • Broadcasts are protected until 50 years after the end of the year in which the broadcast took place.[Cap 130 Rev 2014 Section 23(2.4)]
  • Anonymous or pseudonymous literary, musical or artistic works are protected until the expiration of 50 years from the end of the year in which it was first published.[Cap 130 Rev 2014 Section 23(3)]
  • For a work of joint authorship, reference to the death of the author shall be taken to refer to the author who dies last, whether or not he is a qualified person.[Cap 130 Rev 2014 Section 23(4)]
  • A literary, musical or artistic work created pursuant to a commission from the government is protected for 50 years since the end of the year when it was first published.[Cap 130 Rev 2014 Section 25(2)]

Traditional Knowledge and Cultural Expressions: not free

[edit]

See also: Commons:Paying public domain

According to The Protection of Traditional Knowledge and Cultural Expressions Act, 2016, "cultural expressions" means any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear or are manifested, and comprise of the following forms of expressions or combinations thereof­

(a) verbal expressions including stories, epics, legends, poetry, riddles; other narratives; words, signs, names, and symbols;
(b) musical expressions including songs and instrumental music;
(c) expressions by movement, including dances, plays, rituals or other performances, whether or not reduced to a material form;
(d) tangible expressions, including productions of art, drawings, etchings, lithographs, engravings, prints, photographs, designs, paintings, including body-painting, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, basketry, pictorial woven tissues, needlework, textiles, glassware, carpets, costumes; handicrafts; musical instruments, maps, plans, diagrams architectural buildings, architectural models; and architectural forms.[33/2016 Section 2]

The national government shall establish and maintain a comprehensive Traditional Knowledge Digital Repository which shall contain information relating to traditional knowledge and cultural expressions that have been documented and registered by county governments.[33/2016 Section 8(3)] The national government shall establish mechanisms that enable the communities to prevent the misappropriation, misuse or unlawful access and exploitation of traditional knowledge and cultural expressions, without prior consent.[33/2016 Section 18(4)] Where the use or exploitation is intended to be gainful, equitable remuneration or benefit-sharing, the use or exploitation is on terms determined and agreed with the relevant community and in the absence of such agreement as determined by the Cabinet Secretary in consultation with the relevant community.[33/2016 Section 18(6d)]

[edit]
  • {{PD-Kenya}} – for works whose author died more than 50 years ago (for photographs 50 years after first publication).

Freedom of panorama

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OK {{FoP-Kenya}} Under The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014), copyright on artistic works "does not include the right to control reproduction and distribution of copies, or the inclusion in a film or broadcast, of an artistic work situated in a place where it can be viewed by the public".[Cap 130 Rev 2014 Section 26(1b)] Note that the definition of artistic works under Kenyan law includes paintings, drawings, sculptures, photographs, and architecture. Furthermore, unlike freedom of panorama exemptions in some other countries, in Kenya it is not restricted to only works permanently located in a public place, and can include works in private places if viewable by the public.

Stamps

[edit]

Copyrighted. The Copyright Act 1966 states that "any work eligible for copyright which has been created pursuant to a commission from the Government" is copyrighted "until the end of the expiration of fifty years from the end of the year in which it was first published" [1]. For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Kenya|1}}.

Public domain (if prior to December 1965) per {{PD-UKGov}}

See also

[edit]

Citations

[edit]
  1. a b c Kenya Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. The Copyright Act, 2001 (Chapter 130) (Revised Edition 2014). Kenya (2014). Retrieved on 2018-11-04.
  3. The Protection of Traditional Knowledge and Cultural Expressions Act, 2016. Kenya (2016). Retrieved on 2018-11-07.
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:Kiribati

Kiribati

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

Background

[edit]

Kiribati is a sovereign state in Micronesia in the central Pacific Ocean. In 1892 the islands that now comprise Kiribati and Tuvalu became the British protectorate of the Gilbert and Ellice Islands, part of the part of the British Western Pacific Territories. In 1916 the Gilbert and Ellice Islands were made a British crown colony. In 1976 the Gilbert and Ellice islands became the separate colonies of Kiribati and Tuvalu. Kiribati became fully independent in 1979.

Kiribati has been a member of the Berne Convention since 2 January 2018 and WIPO Copyright Treaty since 22 June 2021.[1] As of 2020 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2018 as the main IP law enacted by the legislature of Kiribati. It was effective 5 November 2018. This replaced the United Kingdom's 1917 Copyright Ordinance (Cap 16), revised and consolidated in 1998. Kiribati adopted parts of the Copyright Act 1956 of England, but not Section 22 of this Act.[1]

WIPO holds the text of the 2018 Copyright Act in their WIPO Lex database.[2] WIPO holds the text of the 1998 Kiribati law in their WIPO Lex database.[3] The full text of the Copyright Act, 1956 (United Kingdom) is available in Wikisource.[4]

Definition

[edit]

Under the Copyright Act 2018, effective 5 November 2018, Section 3:[2]

"work"

(a) means an original work of any of the following - (i) an artistic work; (ii) a dramatic work (iii) a literary work (iv) a musical work (v) a film; (vi) a derivative work; (vii) a collective work; (viii) a typographical arrangement of a published edition; and
(b) includes a part of any work described in any of sub-paragraphs (i) to (viii) of paragraph (a); but
(c) does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature;

An artistic work means

(a) a building or model of a building; or
(b) any of the following whether or not the work has artistic merit -
(i) a painting, sculpture, drawing, illustration, sketch, engraving, etching, lithography, tapestry, woodcut, print photograph, collage, model, or other similar work;
(ii) a map, plan, chart, diagram, sketch technical drawing, illustration, or other similar work, or a 3-dimensional work, relating to architecture, geography, topography, or science;
(iii) a work of applied art, whether handmade or manufactured, that has utilitarian functions or that incorporated in a useful article (for example, an item of furniture, pottery, or weaving); and
(iv) any other work of artistic craftsmanship;

"collective" work means-

(a) work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated (for example, a newspaper); and
(b) a compilation of data (including those in electronic or other form readable by a computer or other machine).

General rules

[edit]

Under the Copyright Act 2018, effective 5 November 2018, Section 13:[2]

(1) Copyright in a work (other than a work of applied art or a typographical arrangement of a published edition) exists-
(a) for the life of the author; and
(b) for 50 years from the end of the calendar year in which the author dies.
(2) If two or more individuals are the authors of a work, copyright in the work (other than a work of applied art or a typographical arrangement of a published edition) exists-
(a) for the life of the longest-surviving author; and
(b) for 50 years from the end of the calendar year in which that author dies.
(3) Copyright in a collective work (other than a work of applied art or a typographical· arrangement of a published edition) or film exists for 50 years from the end of the calendar year in which the latest of the following events occurred -
(a) the work was made;
(b) the work was first made available to the public; and
(c) the work was first published.
(4) Copyright in a work of applied art (including a collective work) exists for 25 years from the end of the calendar year in which the work was made.
(5) Copyright in a typographical, arrangement of a published edition of the whole or any part of a literary work, dramatic work, or musical work (including a collective work) exists for 25 years from the end of the calendar year in which the edition is first published.

Former rules

[edit]

All rights protected under the former Copyright Ordinance Cap 16 continued to be recognized under the 2018 Act. By implication, rights that had expired were not retroactively restored by the 2018 Act.[2018 Art.50]

Under the former Copyright Act 1956 of England,

  • Copyright subsists in an original literary, dramatic or musical work for 50 years from the end of the calendar year in which the author died.[1956 Sec.2(1)]
  • An "artistic work" means any of paintings, sculptures, drawings, engravings and photographs, buildings or models for buildings, and works of artistic craftsmanship.[1956 Sec.3(1)]
  • Copyright subsists in an artistic work for 50 years from the end of the calendar year in which the author died.[1956 Sec.3(4)]
    • With an engraving, if before the death of the author the engraving had not been published, copyright subsists for 50 years from the end of the calendar year in which it is first published.[1956 Sec.3(4a)]
    • Copyright in a photograph subsists for 50 years from the end of the calendar year in which the photograph is first published.[1956 Sec.3(4b)]
  • Copyright subsists in a sound recording for 50 years from the end of the calendar year in which the recording is first published.[1956 Sec.12(3)]
  • Copyright in a film subsists for 50 years from the end of the calendar year in which it is registered.[1956 Sec.13(3a)]
  • Copyright in a television broadcast or sound broadcast subsists for 50 years from the end of the calendar year which the broadcast is made.[1956 Sec.14(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, copyright subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Schedule.2(b))]

Government works

[edit]

Under the 2018 Act, "work" does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature.[2018 Art.3] These are not protected.

Under the former Copyright Act 1956 of England,

  • For literary, dramatic or musical works made by or under the direction or control of Her Majesty or a Government department, copyright (a) where the work is unpublished, subsists so long as the work remains unpublished, and (b) where the work is published, subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Sec.39(3)]
  • Copyright in an artistic work to which Her Majesty is entitled subsists for 50 years from the end of the calendar year in which the work was made.[1956 Sec.39(4)]

Freedom of panorama

[edit]

 Not OK: Under the Copyright Act 2018, effective 5 November 2018, Division 2 - Exceptions to copyright infringement, there is no exemption for copies of works situated in public places.

Under the former Copyright Act 1956 of England,

  • The copyright in a work which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(4)]

See also

[edit]

Citations

[edit]
  1. a b Kiribati Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. a b c Copyright Act 2018. Kiribati (2018). Retrieved on 2021-01-09.
  3. Copyright Ordinance (Cap 16). Kiribati (1998). Retrieved on 2018-11-05.
  4. Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Kosovo

Kosovo

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

Background

[edit]

Kosovo was formerly the Socialist Autonomous Province of Kosovo, an autonomous province of Serbia. The Kosovo War of 1998 and 1999 resulted in the establishment of the United Nations Interim Administration Mission in Kosovo (UNMIK) on 10 June 1999 by United Nations Security Council Resolution 1244. Kosovo declared independence from Serbia on 17 February 2008.

Despite Kosovo having its own Assembly, ultimate responsibility for the administration of the territory lies with the Special Representative of the Secretary-General for Kosovo, who leads the UNMIK.

Governing laws

[edit]

As of 2024, the governing copyright law in the Republic of Kosovo is the Law No. 08/L-205 on Copyright and Related Rights, which came into effect on 27 October 2023, fifteen days after its publication in the Official Gazette of the Republic of Kosovo. The law is heavily patterned on the European Union standards. The website of the Official Gazette holds the digital copies of the law.[1]

Law No. 08/L-205 repealed the Law No. 04/L-065 on Copyright and Related Rights (2011) and its two subsequent amendments, Law No. 05/L-047 (2016) and Law No. 06/L-120 (2019).[2023 Art.146] This 2011 law, in turn, repealed the Law No. 2004/45 on Copyright and Related Rights (2007).[2011 Art.205]

General

[edit]

According to the Law No. 08/L-205 on Copyright and Related Rights,

  • The economic rights and the rights to remuneration provided for in this Law for works shall be protected throughout the lifetime of the author and for 70 years after his death computed from January 1 of the year following that of his death.[2023 Art.65.1]
  • The economic rights in a work of co-authorship, shall be protected until the death of the last surviving joint author and, after his death, for 70 years computed from January 1 of the year following that of his death.[2023 Art.65.2]
  • The economic rights in an audio-visual work shall be protected for seventy (70) years computed from January 1 of the year following the year of the death of the last of the following co- authors to survive: the principal director; the author of the scenario; the author of the dialogue; the composer of the music specifically created for use in the audio-visual work.[2023 Art.65.3]
  • The economic rights in an anonymous or pseudonymous work shall be protected for 70 years computed from January 1 of the year following that of its lawful making the work available to the public. Where such a work is not made lawfully available to the public within 70 of its creation, the copyright protection shall terminate. However, when a pseudonym adopted by the author leaves no doubt as to his identity, the provisions of paragraph 1. of this Article shall apply. The provisions of paragraph 1. of this Article shall apply also where the author of an anonymous or pseudonymous work reveals his identity or if his identity becomes obvious during that period of time.[2023 Art.65.4]
  • For the term of protection of the economic rights in collective works, the provisions of paragraph 4. of this Article shall apply. However, where the authors of contributions to the collective work may be identified, in respect of those contributions, the provisions of paragraph 1. or 2. of this Article apply, respectively.[2023 Art.65.5]
  • Where a work is published in volumes, parts, installments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the terms of protection provided for in paragraphs 1. to 5. of this Article shall run for each such item separately.[2023 Art.65.6]

Not protected

[edit]

The following works do not have copyright protection and are thus in the public domain[2023 Art.8]:

  • Official texts of a legislative, administrative and judicial nature.[2023 Art.8.1]
  • Official translations of such texts.[2023 Art.8.1]
  • Ideas, procedures, methods of operation or mathematical concepts (but only to their original expressions).[2023 Art.8.2]
  • Expressions of folklore.[2023 Art.8.2]
  • News of the day, mere facts and data as such (but only to their original presentation).[2023 Art.8.2]
  • Different information that have the character of ordinary media reports can be reproduced only after at least 12 hours have elapsed from their publication.[2023 Art.8.2]

UNMIK documents

[edit]

According to the United Nations "Addendum on Copyright in United Nations Publications: General Principles, Practice and Procedure", para. 2, the following UN documents are in the public domain:[2]

(a) Official Records: a series of printed publications relating to the proceedings of organs or conferences of the United Nations. They include verbatim or summary records, documents or check-lists of documents, issued in the form of annexes to those records, including periodic supplements, such as the quarterly ones of the Security Council; and reports to those organs of their subordinate or affiliated bodies, compilations of resolutions, certain reports of the Secretary-General and other selected publications, which are issued in the form of supplements;
(b) United Nations documents: written material officially issued under a United Nations document symbol, regardless of the form of production, although, in practice, the term is applied mainly to material offset from typescript and issued under a masthead. The term also applies to written material issued simultaneously or sequentially in the form of documents and publications;
(c) Public information material: publications, periodicals, brochures, pamphlets, press releases, flyers, catalogues and other materials designed primarily to inform about United Nations activities. The term does not include public information that is offered for sale, which may be subject to copyright registration.

UNMIK documents of the above nature are therefore in the public domain.

[edit]
  • {{PD-KosovoGov}} – for public domain Kosovar official works, state symbols, stamps, money etc.

Freedom of panorama

[edit]

OK, {{FoP-Kosovo}}. The freedom of panorama provision of the previous laws, Article 54 of Law No. 2004/45 (2007) and Article 53 of Law No. 04/L-065 (2011), only permitted non-commercial uses of works found in public spaces.

The freedom of panorama provision of the new law (Law No. 08/L-205) is patterned after the European standards:

  • It shall be permitted without the consent of the author or other holder of copyright and without payment of remuneration:...use of works, such as works of architecture or sculpture, made to be located permanently in public places.[2023 Art.49.1.12]

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:Kuwait

Kuwait

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

Background

[edit]

The Sheikhdom of Kuwait became a British protectorate in 1899 and regained independence in June 1961.

Kuwait has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 2 December 2014.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 64 of 1999 concerning Intellectual Property Rights including Explanatory Memorandum as the main IP law enacted by the legislature of Kuwait.[1] WIPO holds the text of the 1999 law in their WIPO Lex database.[2] This was replaced by Law No. 75 of 2019 on Copyright and Related Rights.[1] WIPO holds the Arabic text of the 2019 law in their WIPO Lex database.[3]A translation is provided by Lawyer Anwar Anzi.[4]

Protected works

[edit]

The protection provided by this law for authors' rights shall apply to creative works in the arts, sciences, or knowledge, whatever the type, manner of expression, relevance, purpose or authorship of such works, including in particular:[75/2019 Article 3]

  1. Written materials such as books, booklets and others.
  2. Works that are received orally, such as lectures, speeches, poems, songs, songs and the like.
  3. Theatrical works, representations and reviews, and so on performances that lend movement or sound or both.
  4. Works that are broadcast through rodio.
  5. Works of painting and works of plastic art, architecture, decorative arts, artistic knitting, sculpture, engraving and printing on stone and so on.
  6. Audiovisual works.
  7. Musical compositions, whether or not accompanied by words.
  8. Applied arts works, whether craft or industrial.
  9. Photographic works or the like.
  10. Designs, illustrations, geographical maps, blueprints and stereotyped works related to geography, topography, engineering, architecture or science....

General rules

[edit]

Under the former Law No. 64 of 1999 an author's economic rights expired,

  • Upon the lapse of 50 years after the death of the author. This period shall be calculated in the case of joint literary works as of the date of death of the last surviving author, and runs to the end of the calendar year in which the death occurs.[64/1999 Article 17.1]
  • Upon the lapse of 50 years as of the end of the calendar year in which the literary work is published with respect to the following:
    • Literary works, which are published under an assumed name without the author's name
    • Literary works in which the entitled person thereto is legal entity
    • Cinema works, photographic works, applied arts, computer software and databases
    • Literary works that are published for the first time after the depth of their authors.[64/1999 Article 17.2]
  • Upon the lapse of 50 years so of the end of the calendar year during which the performance was made in the case of actors and of the end of the calendar years during which the literary work was recorded in case of the producers of cinematic films, records or recordings prepared for TV Dr radio.[64/1999 Article 17.3]
  • Upon the lapse of 20 years as of the end of the calendar year when the programs were first transmitted in case of a broadcaster.[64/1999 Article 17.4]

Under Law No. 75 of 2019 on Copyright and Related Rights,

  • The term of protection of the author's financial rights over his life-long work and for fifty years after his death shall be calculated as of the first of January of the year following his death.[75/2019 Article 23.1]
  • The term of protection of the financial rights of authors of joint works over their entire lives and for a period of fifty years from the date of the death of the last survivors, shall be calculated as of the first of January of the year following the death of the last survivors.[75/2019 Article 23.2]
  • The term of protection of works for which the author is a legal person shall be fifty years from the first of January of the year following the year in which the first draft of the work took place.[75/2019 Article 23.3]
  • If the work is composed of several parts or volumes to be published separately or at intervals, each part or volume shall be considered a separate work for the calculation of the term of protection.[75/2019 Article 23.4]
  • The term of protection of collective works and audiovisual works shall be fifty years from the first publication of a project of the work calculated from the first of January of the following year in which the said publication occurred. In the absence of publication, the fifty-year period shall be effective from the first of January of the following year. for the year in which the work was completed.[75/2019 Article 23.5]
  • The period of protection of published works without mentioning the name of the author or the name of a pseudonym, shall be fifty years from the first of January of the following year in which the first publication of the work of the work took place, for items (1, 2) of this article.[75/2019 Article 23.6]
  • The period of protection of works published after the death of the owner thereof shall be fifty years from the first of January of the year following the year in which it is published.[75/2019 Article 23.7]
  • The protection period for applied arts and photographic works shall be fifty years from the date of the first presentation or publication of the work of the work, regordless of the republication.[75/2019 Article 23.8]

Not protected

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The protection prescribed in accordance with the provisions of this Law shall not apply to the following:[75/2019 Article 4]

  1. Ideas, procedures, working methods, methods of operation, concepts of mathematics, principles, abstract facts, discoveries and data, even if expressed, described or described in a workbook.
  2. Official texts of a legislative, administrative or judicial nature os well as their translation.
  3. Daily news or events that are just press information.
  4. Heavenly books and lines used in writing (drawing) and recitation and recording recitation.
  5. Speeches as well as pleadings during judicial proceedings.
  6. Single words, short phroses, lists of components, symbols and familiar designs. Protection shall apply to the sum of the foregoing if its collection is characterized by innovation in ranking, display or classification without the protection of the content provided.
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  • {{PD-Kuwait}} – photographs, films and two dimensional artistic works 50 years after publication, starting from the end of the publication year.

Freedom of panorama

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 Not OK: {{NoFoP-Kuwait}}. Chapter V Limitations and Exceptions to Copyright and Related Rights (Articles 31 to 33) does not include an exemption that would allow pictures of artwork or buildings in public places to be made for commercial use.[75/2019 Chapter V]

See also Commons:Village pump/Copyright/Archive/2020/11#Kuwait and FOP for the latest in-depth discussion regarding the freedom of panorama status of Kuwait.

See also

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Citations

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  1. a b c Kuwait Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 64 of 1999 concerning Intellectual Property Rights including Explanatory Memorandum. Kuwait (1999). Retrieved on 2018-11-08.
  3. Law No. 75 of 2019 on Copyright and Related Rights. Kuwait (2019). Retrieved on 2018-11-08.
  4. Law No. (75) of 2019 Promulgating the Law on Copyright and Related Rights. lawyer-anwar.com. Archived from the original on 2021-11-06. Retrieved on 2020-11-28.
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:Kyrgyzstan

Kyrgyzstan

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

Background

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The Kyrgyz state, once independent, was incorporated into the Russian Empire in 1876. It became part of the Russian SFSR in 1919 as the Kara-Kirghiz Autonomous Oblast. In 1936 the Kirghiz Soviet Socialist Republic became a full republic of the Soviet Union. During the Soviet break-up, the republic became fully independent in 1991.

Kyrgyzstan has been a member of the Berne Convention since 8 July 1999, the WIPO treaty since 6 March 2002 and the World Trade Organization since 20 December 1998.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 6 of January 14, 1998, on Copyright and Related Rights (as amended up to Law No. 42 of March 9, 2017) as the main copyright law enacted by the legislature of Kyrgyzstan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

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Under Law No. 6 as of 2017,

  • Copyright lasts for the life of the author and 50 years after death.[2017 Article 27(1)]
  • Copyright in a work of joint authorship lasts during the lives of the authors and 50 years after death of the last survivor.[2017 Article 27(2)]
  • Copyright in anonymous or pseudonymous works lasts for 50 years from 1 January of the year following the year of publication.[2017 Article 27(3)]

The compiler of a collective work such as an encyclopedia, encyclopedic dictionary, collection of scientific works, newspaper, magazine and other periodical publication has exclusive rights in the publication. However, unless otherwise agreed by contract, the authors of the works included in such publications retain the exclusive rights to the use of their contributions elsewhere.[2017 Article 11]

Not protected

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Law No. 6 as of 2017 states that the following works are not subject to copyright[2017 Article 8]:

  • Official documents (laws, regulations, decisions, etc.), as well as their official translations;
  • Official symbols and signs (flags, emblems, medals, monetary signs, etc.);
  • Works of folk art;
  • Regular press information that constitute the daily news or information on current events;
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  • In general, {{PD-Kyrgyzstan}} applies.
  • {{PD-KG-exempt}} – for official documents (laws, resolutions, decisions, etc.) as well as official translations thereof; State emblems and official signs (flags, armorial bearings, orders, monetary signs and etc.); Works of folklore; Information on the news of the day or information on the current events that are of the common press-information character; The results obtained with the help of technical means for the production of a certain type without creative activity of a man directly targeted for creation of an individual work (as amended by Law #120 from November 6, 1999).

Currency

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OK. Under Law No. 6 as of 2017, monetary signs, together with other state symbols, are explicitly excluded from copyright.[2017 Article 8]

Please use {{PD-KG-exempt}} for Kyrgyzstan currency images.

Freedom of panorama

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 Not OK: Non-commercial use only

  • Copyright does not prevent reporting of current events by means of photography, broadcasting or communication to the public by cable, with the works that are seen or heard in the course of such events, to the extent justified by the purpose of reproduction or communication of information.[2017 Article 19(5)]
  • The law allows free use of works permanently located in public places by reproduction, broadcasting or cable communication to the public without the author's consent and without payment of royalties, including works of art, photography and architecture, except when the work is the main subject of the reproduction, broadcasting or cable communication to the public or the reproduction is used for commercial purposes.[2017 Article 21]

Stamps

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

Pursuant to Article 8 of Law No. 6 of the Republic of Kyrgyzstan On Copyright and Associated Rights, "official symbols and signs (flags, coats of arms, decorations, bills and coins and other official symbols and signs)" are not copyrighted.

Pursuant to Article 1 of Law No. 52 of Kyrgyzstan On Postal Services dated June 20, 2001, official signs of postage include "postage stamps and other signs applied to postal items and confirming payment for postal services"[3]

See also

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Citations

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  1. a b Kyrgyzstan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Law No. 6 of January 14, 1998, on Copyright and Related Rights (as amended up to Law No. 42 of March 9, 2017). Kyrgyzstan (2017). Retrieved on 2018-11-03.
  3. О почтовой связи. Justice Ministry of Kyrgyzstan. June 20, 2001
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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