Commons:Copyright rules by territory/Consolidated list L
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:Laos
Laos
|
Copyright rules: Laos Shortcut: COM:LAOS | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Create + 50 years |
| Audiovisual | Create/publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Laos}} |
| ISO 3166-1 alpha-3 | LAO |
| Treaties | |
| Berne convention | 14 March 2012 |
| Univ. Copyright Convention | 16 September 1955 |
| WTO member | 2 February 2013 |
| URAA restoration date* | 14 March 2012 |
| *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 Laos relevant to uploading works into Wikimedia Commons. Note that any work originating in Laos must be in the public domain, or available under a free license, in both Laos 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 Laos, refer to the relevant laws for clarification.
Background
[edit]Laos became a French protectorate in 1893 and regained independence on 22 October 1953.
Laos has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 14 March 2012 and the World Trade Organization since 2 February 2013.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 38/NA of November 15, 2017, on Intellectual Property as the main IP law enacted by the legislature of Laos.[1] WIPO holds the Lao language text of this law in their WIPO Lex database.[2] As of 2018, SBLAW of Vietnam provided an English language version of the 2017 IP law on their website.[3]
The new law does not include radical changes, but clarifies that broadcasts may be made over new technologies such as WiFi and the Internet.[4] "This law supersedes the Law on Intellectual Property No. 01/NA dated December 20, 2011, and regulations and provisions which contradict this law, are hereby repealed".[38/NA/2017 Article 170]
The former governing law was the Law No. 08/NA of December 24, 2007, on Intellectual Property, in force on April 14, 2008.[5]
General rules
[edit]Under Law No. 38/NA of November 15, 2017, on Intellectual Property, the term of copyright shall begin on the date the work is created and shall continue to the end of the calendar year of the dates described below:
- Except as otherwise provided in this article, 50 years after the date of death of the author, or for a work of joint authorship, fifty years after the date of death of the last surviving author.[38/NA/2017 Article 113.1]
- For anonymous or pseudonymous works, 50 years from the date the work was lawfully made available to the public.[38/NA/2017 Article 113.2]
- For a cinematographic work, 50 years from the date the work was made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, fifty years from the making.[38/NA/2017 Article 113.3]
- For applied art, 25 years from the date of creation.[38/NA/2017 Article 113.4]
Not protected
[edit]The following are ineligible for copyright protection: 1. News of the day or miscellaneous facts having the character of mere items of press information; 2. Ideas, procedures, methods of operation or mathematical concepts as such; 3. Official texts of a legislative, administrative and legal nature, and official translations of such texts.[38/NA/2017 Article 94]
Copyright tags
[edit]{{PD-Laos}} – Work first published in Laos and now in the public domain because its copyright protection has expired.
Currency
[edit]
Unsure There seems no specific mentions about banknotes in the Law No. 38/NA of November 15, 2017, on Intellectual Property. Banknotes are not mentioned as artistic works. It is not clear if the government's right to hold copyright extends to banknotes.
Freedom of panorama
[edit]
Not OK. Law No. 38/NA of November 15, 2017, on Intellectual Property allows only incidental use:
- "reproducing, by photography or cinematography, images of works of fine art, photographs, and other artistic works, and works of applied art, provided such works have already been published, publicly displayed, or communicated to the public, where such reproduction is incidental to the photographic or cinematographic work and is not the object of the photographic or cinematographic work."[38/NA/2017 Article 115.3]
- "For the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire, literary or artistic works seen or heard in the course of the event may, to the extent justified by the informatory purpose, be reproduced and made available to the public. The above acts shall not conflict with a normal exploitation of the work and shall not unreasonably prejudice the legitimate interests of the author."[38/NA/2017 Article 115]
Stamps
[edit]
. Law No. 38/NA of November 15, 2017, on Intellectual Property does not mention stamps, and nothing that could be interpreted as stamps is included in the list of unprotected works.[38/NA/2017 Article 94]
See also
[edit]Citations
[edit]- ↑ a b Lao People's Democratic Republic Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 38/NA of November 15, 2017, on Intellectual Property (in Lao). Laos (2017). Retrieved on 2018-11-08.
- ↑ Law No. 38/NA Law on Intellectual Property (Amended). National Assembly. Retrieved on 2018-12-18.
- ↑ Tilleke & Gibbins (May 25, 2018) New Law Reforms Lao Intellectual Property Regime[1], Laos
- ↑ Law No. 08/NA of December 24, 2007, on Intellectual Property. Laos (2007). Retrieved on 2018-011-10.
COM:Latvia
Latvia
|
Copyright rules: Latvia Shortcut: COM:LATVIA | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-old-auto}} {{PD-LV-exempt}} |
| ISO 3166-1 alpha-3 | LVA |
| Treaties | |
| Berne convention | 11 August 1995 |
| WTO member | 10 February 1999 |
| 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 Latvia relevant to uploading works into Wikimedia Commons. Note that any work originating in Latvia must be in the public domain, or available under a free license, in both Latvia 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 Latvia, refer to the relevant laws for clarification.
Background
[edit]Latvia was incorporated in the Russian Empire in 1795. On 18 November 1918 Latvia declared independence. On 5 October 1939 Latvia was forced to accept a "mutual assistance" pact with the Soviet Union. After being occupied by Germany during World War II, Latvia was reoccupied by the Soviets in 1944-45. With the dissolution of the Soviet Union, Latvia regained independence on 21 August 1991.
Latvia has been a member of the Berne Convention since 11 August 1995, the World Trade Organization since 10 February 1999 and 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 Copyright Law (as amended up to June 14, 2017) as the main IP law enacted by the legislature of Latvia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] Likumi.lv holds a copy of the former 11 May 1993 Law on copyright and related rights.[3]
General rules
[edit]Under the Copyright Law of 2000 (as amended up to June 14, 2017),
- Copyright is in effect for the lifetime of an author and for 70 years after their death, except as specified below.[2000-2017 Sec.36(1)]
- Copyright to audio-visual works is in effect for 70 years after the death of the last of: the director; the author of the script; the author of the dialogue; the author of a musical work created for an audio-visual work.[2000-2017 Sec.37(1)]
- Copyright to a work that has legally become available to the public anonymously or under a pseudonym is in effect for 70 years from the time when it has legally become available to the public. If during that time the author reveals his or her identity, or if there is no doubt about the identity, Section 36, Paragraph one of this Law shall apply.[2000-2017 Sec.37(2)]
- Copyright to a work created by co-authors is in effect for the duration of the lives of all the co-authors and for 70 years after the death of the last surviving co-author.[2000-2017 Sec.37(3)]
- With authors whose works were prohibited in Latvia or the use of which was restricted from June 1940 to May 1990, the years of prohibition or restriction are excluded from the term of the copyright.[2000-2017 Sec.37(4)]
- A work, the term of protection of which is not calculated from the moment of the death of the author or authors, protection expires if within 70 years after the creation of such a work it has not lawfully become accessible to the public.[2000-2017 Sec.37(6)]
- Any person, who after expiration of a copyright lawfully publishes or communicates to the public a previously unpublished work, acquires rights which are equivalent to the economic rights of an author, in effect for 25 years from the first publication or the communicating to the public of the work.[2000-2017 Sec.37(7)]
- The copyright terms begin on 1 January of the year following the moment of the creation of rights (legal fact) and expire on 31 December of the year in which the terms referred to above expire.[2000-2017 Sec.38]
- The rights of performers last for 50 years from the first performance. If during this time a fixation of the performance in a phonogram is lawfully published or communicated to the public, the term of protection is 70 years from the day of such publication or communication to the public of the phonogram, depending on which action was the first.[2000-2017 Sec.55(1)]
The law protected works for 50 years after the author's death until 6 April 2000, so that works made by people who died on or before December 31, 1945 were public domain on the URAA date, January 1, 1996.
Not protected
[edit]Under the Copyright Law of 2000 (as amended up to June 14, 2017), the following are not protected by copyright:
- laws and regulations and administrative rulings, other documents issued by State and local government institutions and court adjudications (laws, court judgements, decisions and other official documents), as well as official translations of such texts and official consolidated versions;[2000-2017 Sec.6(1)]
- State approved, as well as internationally recognised official symbols and signs (flags, coats of arms, anthems, and awards), the use of which is subject to specific laws and regulations;[2000-2017 Sec.6(2)]
- maps, the preparation and use of which are determined by laws and regulations;[2000-2017 Sec.6(3)]
- information provided in the press, radio or television broadcasts or other information media concerning news of the day and various facts and events;[2000-2017 Sec.6(4)]
- ideas, methods, processes and mathematical concepts.[2000-2017 Sec.6(5)]
Copyright tags
[edit]- {{PD-LV-exempt}} – for official Latvian State symbols and insignia (flags, coats of arms, anthems, and awards).
Currency
[edit]
OK: Under the Copyright Law of 2000 (as amended up to June 14, 2017),
- The Bank of Latvia holds the copyright of lat banknotes. The Bank of Latvia copyright does not affect the right of the author of the images used on the banknotes to be recognised as the author thereof.[2000-2017 Sec.17'(1)]
- It is prohibited to reproduce banknotes in any way, except in the case, where the Bank of Latvia, the European Central Bank, the central bank or state which has emitted such banknotes has provided written permission or the requirements of the Bank of Latvia, the European Central Bank or the relevant state for the reproduction of banknotes. Restrictions on the economic rights of authors shall not apply to banknotes.[2000-2017 Sec.17'(2)]
Copyright for euro banknotes and common side of euro coins is determined by the European Central Bank (see COM:CRT/European Union:Currency), but copyright of national sides of euro coins is determined by national legislation. The Bank of Latvia suggests that the Regulation for Reproducing the Lats Banknotes and Coins must be met to reproduce lats, and ECB Reproduction rules must be met to reproduce euros. All photographic reproductions of banknotes and coins must comply those criteria. Prior to the amendments, which came into force in May 1 2004, currency was public domain in Latvia per both the unamended 2000 law and 1993 law. Therefore any coins or banknotes that were no longer in circulation by 2004 date are public domain.
Please use {{Latvian coins}} for relevant Latvian coins images and {{Latvian banknote}} for images of Latvian banknotes, as {{PD-LV}} does not apply to Latvian currency.
Freedom of panorama
[edit] Not OK: {{NoFoP-Latvia}}
Under the Copyright Law of 2000 (as amended up to June 14, 2017),
- It is permitted to use images of works of architecture, photography, visual arts, design, as well as of applied arts, permanently displayed in public places, for personal use and as information in news broadcasts or reports of current events, or included in works for non-commercial purposes.[2000-2017 Sec.25(1)]
- That which is referred to in this Section shall not apply to cases when the image of a work is an object for further repetition of the work, for broadcast by broadcasting organisations or for the purpose of commercial use of the image of a work.[2000-2017 Sec.25(2)]
The non-commercial use restriction is not acceptable for works uploaded to Commons.
Stamps
[edit].
The Copyright Law of 2000 (as amended up to June 14, 2017) says that official symbols and signs (flags, coats of arms, anthems, and awards) are not protected, but does not include stamps in this list. It also says that official documents and official translations of such texts are not protected, but a stamp cannot be considered to be the text of an official document. Under the precautionary principle we must assume that stamps are protected in the normal way.
See also
[edit]- Latvija
- Category:Latvian FOP cases
- Category:Stamps of Latvia
- Commons:Copyright rules by territory/Soviet Union
Citations
[edit]- ↑ a b Latvia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright Law (as amended up to June 14, 2017). Latvia (2017). Retrieved on 2018-11-11.
- ↑ LATVIJAS REPUBLIKAS LIKUMS Par autortiesībām un blakustiesībām 1993 (in Latvian). Likumi. Latvijas Vēstnesis. Retrieved on 2019-03-27.
COM:Lebanon
Lebanon
|
Copyright rules: Lebanon Shortcut: COM:LEBANON | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Collective | Create/publish + 50 years |
| Other | |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Lebanon}} {{PD-Lebanon-Photo}} |
| ISO 3166-1 alpha-3 | LBN |
| Treaties | |
| Berne convention | 30 September 1947 |
| Univ. Copyright Convention | 17 October 1959 |
| 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 Lebanon relevant to uploading works into Wikimedia Commons. Note that any work originating in Lebanon must be in the public domain, or available under a free license, in both Lebanon 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 Lebanon, refer to the relevant laws for clarification.
Background
[edit]For many years Lebanon was part of the Ottoman Empire. After World War I the country came under French control, formalized on 29 September 1923 under the French Mandate for Syria and the Lebanon. Lebanon declared independence on 8 November 1943, and the last French troops withdrew in December 1946.
Lebanon has been a member of the Berne Convention since 30 September 1947 and the Universal Copyright Convention since 17 October 1959.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 75 of 1999 on the Protection of Literary and Artistic Property as the main copyright law enacted by the legislature of Lebanon.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]Under Law No. 75 of 1999 on the Protection of Literary and Artistic Property,
- The term of protection granted under this Law to the economic rights of the author, shall be the life of the author and 50 years after his death, to be computed from the end of the year in which the death has occurred.[75/1999 Article 49]
- In the case of a work of joint authorship, the term of protection shall be the life of the joint authors and 50 years after the death of the last joint author, to be computed from the end of the year in which the death has occurred. Should one of the authors die without leaving heirs, his share shall pass to the co-authors or to their heirs, unless stated otherwise.[75/1999 Article 50]
- In the case of collective and audiovisual works, the term of protection shall be 50 years to be computed from the end of the year in which the work has been made available to the public or, failing such event, 50 years from the making of such work, to be computed from the end of the year in which the work has been completed.[75/1999 Article 51]
- In the case of anonymous or pseudonymous works, the term of protection shall expire 50 years after the work has been lawfully made available to the public.[75/1999 Article 52]
- In the case of posthumous works or works published in the name of a legal person, the term of protection shall be 50 years to be computed from the end of the year in which the work was published.[75/1999 Article 52]
- All economic related rights of performers shall enjoy protection for a period of 50 years to be computed from the end of the year in which the performance has been carried out.[75/1999 Article 54]
- The term of protection granted to producers of sound recordings shall be 50 years, to be computed from the end of the year in which the first fixation of sound on tangible material has taken place.[75/1999 Article 55]
- The term of protection granted to broadcasting organizations shall be 50 years, to be computed from the end of the year in which the broadcasting of their programs has taken place.[75/1999 Article 56]
The previous copyright law of Lebanon, Law No. 2385 of January 17, 1924, had the same rules, with one notable exception: photographs were copyrighted until 50 years after their initial publication (article 153).
Not protected
[edit]The following shall be excluded from the protection provided by this Law: laws, legislative decrees, decrees and decisions issued by all public authorities and official translations thereof; judicial decisions of all kinds and official translations thereof; speeches delivered in public assemblies and meetings. The authors of speeches and presentations shall enjoy the sole right of collecting and publishing such lectures and presentations; ideas, data and abstract scientific facts; artistic folkloric works of all kinds. However, works inspired by folklore shall enjoy protection.[75/1999 Article 4]
Copyright tags
[edit]- {{PD-Lebanon}} – photos and two dimensional artistic works 50 years after publication, starting from the end of the publication year after which attribution is still required forever.
- {{PD-Lebanon-Photo}}. Use this tag only for photos first published before 1949.
Freedom of panorama
[edit] Not OK, for use by media only. {{NoFoP-Lebanon}}
Law No. 75 of 1999 on the Protection of Literary and Artistic Property says:
- The media shall be permitted, without the authorization of the author and without obligation to pay him compensation, to publish pictures of architectural works, visual artistic works, photographic works or works of applied art, provided that such works are available in places open to the public.[75/1999 Article 31]
This limits freedom of panorama to the media, and so excludes other commercial use.
Note that "media" here refers to those engaged in news and information only, making Lebanese freedom of panorama insufficient for Wikimedia Commons. The French translation uses a more restrictive term that translates to English as "information agencies". See Commons talk:Freedom of panorama/Archive 1#Lebanon for a discussion on this.
See also
[edit]Citations
[edit]- ↑ a b Lebanon Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 75 of 1999 on the Protection of Literary and Artistic Property. Lebanon (1999). Retrieved on 2018-11-08.
COM:Lesotho
Lesotho
|
Copyright rules: Lesotho Shortcut: COM:LESOTHO | |
 | |
_(-mini_map).svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 25 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/Publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | LSO |
| Treaties | |
| Berne convention | 28 September 1989 |
| WTO member | 31 May 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 Lesotho relevant to uploading works into Wikimedia Commons. Note that any work originating in Lesotho must be in the public domain, or available under a free license, in both Lesotho 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 Lesotho, refer to the relevant laws for clarification.
Background
[edit]From 1869 until 1966 Lesotho was the British Crown Colony of Basutoland. Lesotho declared independence from the United Kingdom on 4 October 1966.
Lesotho has been a member of the Berne Convention since 28 September 1989 and the World Trade Organization since 31 May 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Order 1989 (Order No.13 of 1989) as the main copyright law enacted by the legislature of Lesotho.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
Durations
[edit]Under the 1989 law,
- Rights are protected during the life of the author and for 50 years after his death.[1989 Section 13(1)]
- Rights in a work of joint authorship are protected during the life of the last surviving author and for 50 years after his death.[1989 Section 13(2)]
- For anonymous and pseudonymous works, right are protected until the expiration of 50 years from the date on which the work was first lawfully published.[1989 Section 13(3)]
- Rights in a cinematographic or other audiovisual work are protected until the expiration of 50 years from the making of the work or, if the work is made available to the public during that period of 50 years with the consent of the author, fifty years from the date of its communication to the public.[1989 Section 13(4)]
- Rights in a photographic work or a work of applied art are protected until the expiration of 25 years from the making of the work.[1989 Section 13(5)]
Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[1989 Section 13(6)]
Folklore: not free
[edit]See also: Commons:Paying public domain
Any publication, reproduction, distribution and communication to the public of expressions of folklore are subject to authorization by the Minister by regulations when they are made both with gainful intent and outside their traditional or customary context. These include (a) folk tales, folk poetry, riddles; (b) folk songs and instrumental folk music; (c) folk dances, plays and artistic forms of rituals; (d) productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket costumes; and (e) traditional musical instruments.[1989 Section 19(1)] Where the Minister grants authorization, he may fix the amount of and collect such fees as he may determine.[1989 Section 22(2)]
Freedom of panorama
[edit] Not OK: free use is only permitted on audio-visual or videographic works, excluding photographic works. The Copyright Order 1989 allows the reproduction of works of art and of architecture in an audiovisual work or video-recording, and the communication to the public of the works so reproduced, if the said works are permanently located in a place where they can be viewed by the public or are included in the audio-visual work or video-recording only by way of background or as incidental to the essential matters represented.[1989 Section 9(e)]
Incidental utilization of expressions of folklore in a photograph, film or television broadcast is also allowed.[1989 Section 19(d)]
See also
[edit]Citations
[edit]- ↑ a b Lesotho Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Copyright Order 1989 (Order No.13 of 1989). Lesotho (1989). Retrieved on 2018-11-05.
COM:Liberia
Liberia
|
Copyright rules: Liberia Shortcut: COM:LIBERIA | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 50 years |
| Anonymous | Create/publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Government | Publish + 70 years |
| Applied art | Create + 50 years |
| Other | |
| Freedom of panorama | Probably no |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Liberia}} |
| ISO 3166-1 alpha-3 | LBR |
| Treaties | |
| Berne convention | 8 March 1989 |
| WTO member | 14 July 2016 |
This page provides an overview of copyright rules of Liberia relevant to uploading works into Wikimedia Commons. Note that any work originating in Liberia must be in the public domain, or available under a free license, in both Liberia 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 Liberia, refer to the relevant laws for clarification.
Background
[edit]Liberia began as a settlement of the American Colonization Society (ACS) and declared its independence on 26 July 1847.
Liberia has been a member of the Berne Convention since 8 March 1989 and the World Trade Organization since 14 July 2016.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed An Act to Repeal an Act Adopting a New Copyright Law of the Republic of Liberia approved July 23, 1997; and the Industrial Property Act of Liberia approved March 20, 2003, constituting Title 24 of the Liberian Code of Laws Revised, and to enact in their stead a New Title 24 to be known as the "Liberia Intellectual Property Act, 2016" as the main IP law enacted by the legislature of Liberia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Act Adopting a New Copyright Law of the Republic of Liberia, July 23, 1997 is repealed in its entirety.[2016 §2.1]
General rules
[edit]Under the Liberia Intellectual Property Act, 2016,
- A literary, musical and artistic work, other than photographic work, is protected during the life of the author and for 50 years after the end of the year in which the author dies.[2016 §9.20(a)]
- A work of joint authorship is protected during the life of the last surviving author and for 50 years after the end of the year in which that author dies.[2016 §9.20(b)]
- An audiovisual work or sound recording is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public by authorized publication or by any other means, whichever date is the latest.[2016 §9.20(c)]
- A broadcast is protected for 50 years from the end of the calendar year in which the broadcast took place.[2016 §9.20(d)]
- A work published anonymously or under a pseudonym is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public, by authorized publication, whichever date is the latest.[2016 §9.20(e)]
- A work of applied art is protected for 50 years from the end of the calendar year in which the work was made.[2016 §9.20(f)]
- A photograph is protected for 50 years from the end of the calendar year in which the work was made or first made available to the public by publication, whichever date is the latest.[2016 §9.20(g)]
These terms are similar to the terms under the repealed 1996 act.
Freedom of panorama
[edit]Probably Not OK. Under the Liberia Intellectual Property Act, 2016,
- The following acts shall be permitted ... for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public by means of photography, audiovisual, broadcasting or other communication of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose.[2016 §9.14(c)]]
- The fair use of a copyright work, including such use by reproduction in copies or sound recordings or by any other means, for purposes such as parody, satire, criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include the purpose and character of the use, including whether such use is of a commercial nature or is for educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the work.[2016 §9.8(a)]
See also
[edit]Citations
[edit]- ↑ a b Liberia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Liberia Intellectual Property Act, 2016. Liberia (2016). Retrieved on 2018-11-05.
COM:Libya
Libya
|
Copyright rules: Libya Shortcut: COM:LIBYA | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 25 years and publish + 50 years |
| Anonymous | Publish + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | No |
| Common licence tags | {{PD-Libya}} |
| ISO 3166-1 alpha-3 | LBY |
| Treaties | |
| Berne convention | 28 September 1976 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Libya relevant to uploading works into Wikimedia Commons. Note that any work originating in Libya must be in the public domain, or available under a free license, in both Libya 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 Libya, refer to the relevant laws for clarification.
Background
[edit]Libya was under Ottoman rule until 1911, when it became an Italian colony. From 1943 to 1951, Libya was under British/French occupation. Libya became independent as a kingdom in 1951.
Libya has been a member of the Berne Convention since 28 September 1976.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9 for 1968 Issuing the Copyright Protection Law as the main copyright law enacted by the legislature of Libya.[1] WIPO holds the text of this law in their WIPO Lex database.[2] A copy is also held in Wikisource.[3]
Another source, written by IP firm Abu-Ghazaleh Intellectual Property on Mondaq claims that copyright is governed by Law No. 7 of 1984, which is based on Law No. 9 of 1968. According to the source, protection is valid for the lifetime of the author plus a period of 50 years and in order for a work to be protected, the work must be deposited at a "Copyright Protection Office" at the Ministry of Culture & Information within one month of its publication in Libya, or the entry of the work into Libya prior to distribution of 20 copies.[4] Law No. 7 of 1984 is also mentioned by the United States Department of State in an investment climate statement.[5]. However, Law No. 7 of 1984 is a law on depositing binders that are prepared for publication, not on copyright.[6]
Durations
[edit]Note: Libya is a party to the Berne Copyright law in 1976, which requires life + 50 years copyright length, however the provisions are only required to be implemented for foreign works, and Libya is not obligated to increase the duration of their own works.
According to Libyan Law No. 9 of 1968,
- Financial utilization rights expire 25 years after the death of the author, provided that the total period of protection shall not be less than 50 years as from the date of first publication of the work.[9/1968 Article 20]
- However, for photographic and cinematic works which are limited to the mere mechanical transmission of scenery, such rights shall expire 5 years from the date of first publication of the work.[9/1968 Article 20]
- The period of protection for joint works of art is calculated from the date of death of the last surviving author.[9/1968 Article 20]
- If the author is a legal public or private entity, the financial utilization rights expire 30 years from the date of first publication of the work.[9/1968 Article 20]
- The financial utilization rights of works of art published anonymously and under a pseudonym expire 25 years after publication of the work, unless the author's identity is revealed within this period[9/1968 Article 21]
- The protection period for works of art published for the first time after the author's death expires 50 years after his death.[9/1968 Article 22]
Privacy rights
[edit]According to Libyan Law No. 9 for 1968,
- A photographer may not show, publish or distribute a photograph unless the people depicted in the photograph have consented, unless the photograph is of a public event or of officials or persons enjoying public renown, or the public authorities have given permission for its publication for the general welfare. Notwithstanding the preceding, no photograph may be shown or circulated if doing so would result in detriment to the honour, reputation or social standing of the person depicted in the photograph.[9/1968 Article 36]
- On the other hand, a person depicted in an engraving, painting, photograph, sculpture or other portrait has the right to authorize its publication in magazines, newspapers and similar publications even if the photographer does not consent, unless there is an agreement to the contrary.[9/1968 Article 36]
Not protected
[edit]According to Libyan Law No. 9 for 1968, the following works are not subject to copyright, if they are not characterized by innovation, arrangement or any other personal effort worthy of protection[9/1968 Article 4]:
- A collection made up of various works such as verse, prose and music anthologies and other collections. However, each individual work making up the collection is copyrighted.
- A collection of work that has become public property.
- A collection of official documents such as texts of laws, decrees, regulations, international agreements, legal judgements and various official documents.
- Official documents such as texts of laws, decrees, regulations, international agreements, legal judgements and various official documents.
Copyright tags
[edit]- {{PD-Libya}} – photos 5 years starting from the date of first publication of the work.
Freedom of panorama
[edit] Not OK The Copyright Protection Law of Libya (Libyan Law No. (9) for 1968) does not have a suitable freedom of panorama provision for Wikimedia Commons.
A similar provision is found at Article(17)(b) but is restricted to limited educational uses in books: "The following shall be allowed in school books and in literature, history, science and art books:...(b) Copying published works on graphic art, sculpture and photography provided that copying shall be limited to the extent necessary to explain what is written."[9/1968 Article 17(b)]
Threshold of originality
[edit]For photographic and cinematic works which are limited to the mere mechanical transmission of scenery, rights expire 5 years from the date of first publication.[9/1968 Article 20]
Citations
[edit]- ↑ a b Libya Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law No. 9 for 1968 Issuing the Copyright Protection Law. Libya (1968). Retrieved on 2018-11-04.
- ↑ Copyright Protection Law of Libya (Libyan Law No. (9) for 1968]
- ↑ https://www.mondaq.com/marine-shipping/8111/summary-of-the-copyright-registration-system-in-libya
- ↑ https://www.state.gov/reports/2023-investment-climate-statements/libya/
- ↑ https://security-legislation.ly/latest-laws/law-no-7-of-1984-on-depositing-binders-that-are-prepared-for-publication/
COM:Liechtenstein
Liechtenstein
|
Copyright rules: Liechtenstein Shortcut: COM:LIECHTENSTEIN | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 70 years |
| Audiovisual | Life + 70 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Liechtenstein-official}} {{PD-Liechtenstein-old-unknown}} |
| ISO 3166-1 alpha-3 | LIE |
| Treaties | |
| Berne convention | 30 July 1931 |
| WTO member | 1 September 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 30 April 2007 |
| *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 Liechtenstein relevant to uploading works into Wikimedia Commons. Note that any work originating in Liechtenstein must be in the public domain, or available under a free license, in both Liechtenstein 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 Liechtenstein, refer to the relevant laws for clarification.
Governing laws
[edit]Liechtenstein has been a member of the Berne Convention since 30 July 1931, the World Trade Organization since 1 September 1995 and the WIPO Copyright Treaty since 30 April 2007.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of May 19, 1999, on Copyright and Neighboring Rights (consolidated version of December 19, 2006) as the main IP law enacted by the legislature of Liechtenstein.[1] WIPO holds the machine-translatable German text of this law in their WIPO Lex database.[2] The Liechtenstein Law Gazette holds the text in German.[3]
General rules
[edit]Under the 1999 Law on Copyright and Neighboring Rights, amended 2006,
- A work is protected by copyright from the time it is created. The protection expires 70 years after the death of the author.[1999-2006 Art.32]
- If several people have participated in the creation of a work, protection expires 70 years after the death of the last surviving co-author.[1999-2006 Art.33.1]
- Where the individual contributions can be separated, each is protected for 70 years after the death of the author.[1999-2006 Art.33.2]
- The term of protection of cinematographic or other audiovisual works expires 70 years after the death of the last survivor of the main director, author of the screenplay, the author of the dialogue and the composer of the music made specifically for the film or audiovisual work in question.[1999-2006 Art.33.3]
- If the author of a work is unknown, protection expires 70 years after publication. If the author becomes known during this period, protection expires 70 years after their death.[1999-2006 Art.34]
- The term of protection lasts to 31 December of the year which it expires.[1999-2006 Art.35]
Not protected
[edit]Under the 1999 Law on Copyright and Neighboring Rights, amended 2006, the following are not protected: a) laws, regulations, international treaties and other official instruments; b) means of payment; c) decisions, records and reports of authorities and public administrations; d) patents, and published patent applications. Also not protected are official or legally required collections and translations of the above works.[1999-2006 Art.5]
Currency
[edit] OK According to the Law of May 19, 1999, on Copyright and Neighboring Rights, "Copyright protection shall not subsist in .. means of payment".[1999-2006 Art.5]
Please use {{PD-Liechtenstein-official}} for the corresponding currency images.
Freedom of panorama
[edit]The 1999 Law on Copyright and Neighboring Rights, amended 2006, says that works may be depicted when they are permanently located at or on public ground. The depiction may be offered, sold, sent or otherwise distributed. The depiction must not be three-dimensional and not be usable for the same purpose as the original.[1999-2006 Art.29]
Stamps
[edit]
According to the Law of May 19, 1999, on Copyright and Neighboring Rights, "Copyright protection shall not subsist in ... means of payment".[1999-2006 Art.5]
However, Liechtenstein generally emulates Swiss law, and Liechtenstein's Copyright Act is based on the Swiss text.
The majority of Swiss copyright law commentaries does not consider stamps "means of payment".[4][5][6][7][8][9][10][11]
It is therefore likely that Liechtenstein stamps are protected by copyright as well.
In the past, {{PD-Liechtenstein}} was used for uploads of stamps from Liechtenstein, but this should not be done in the future, unless it's possible to produce evidence for the public domain claim.
See also
[edit]Citations
[edit]- ↑ a b Liechtenstein Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law of May 19, 1999, on Copyright and Neighboring Rights (consolidated version of December 19, 2006). Liechtenstein (2006). Retrieved on 2018-11-04.
- ↑ Gesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG), LGBl. 1999 Nr. 160 (The Liechtenstein copyright act) (in German). Liechtenstein Law Gazette. Retrieved on 2019-01-29.
- ↑ Cherpillod in Müller/Oertli, Urheberrechtsgesetz, 2nd ed. 2012, Art. 5 para. 3
- ↑ Barrelet/Egloff, Das neue Urheberrecht, 3rd ed. 2008, Art. 5 para. 5
- ↑ von Büren/Meer in von Büren/David, SIWR II/1, 3rd ed. 2014, para. 379
- ↑ Hilty, Urheberrecht, 2011, para. 130
- ↑ Dessemontet, Le droit d'auteur, 1999, para. 413
- ↑ Gilliéron in Werra/Gilliéron, Propriété intellectuelle, 2013, Art. 5 LDA para. 9
- ↑ von Büren, Urheberrecht und verwandte Schutzrechte, ZSR 1993, 193-222, 200
- ↑ disagreeing: Rehbinder/Viganò, URG, 3rd ed. 2008, Art. 5 para. 3 [included by analogy]
COM:Lithuania
Lithuania
|
Copyright rules: Lithuania Shortcut: COM:LITHUANIA | |
 | |
 | |
| 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-LT-exempt}} |
| ISO 3166-1 alpha-3 | LTU |
| Treaties | |
| Berne convention | 14 December 1994 |
| WTO member | 31 May 2001 |
| 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 Lithuania relevant to uploading works into Wikimedia Commons. Note that any work originating in Lithuania must be in the public domain, or available under a free license, in both Lithuania 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 Lithuania, refer to the relevant laws for clarification.
Background
[edit]Lithuania was annexed by the Russian empire in the late 18th century. Towards the end of World War I, Lithuania declared independence on 16 February 1918. During World War II, Lithuania was occupied in turn by the Soviet Union, Germany, and then the Soviet Union for a second time. Lithuania declared independence from the Soviet Union on 11 March 1990.
Lithuania has been a member of the Berne Convention since 14 December 1994, the WIPO treaty since 6 March 2002 and the World Trade Organization since 31 May 2001.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. VIII-1185 of May 18, 1999, on Copyright and Related Rights (as amended up to Law No. XII-1183 of October 7, 2014) as the main copyright law enacted by the legislature of Lithuania.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014,
- The author’s economic rights shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.[1999–2014 Art.34.1]
- The protection of the author’s moral rights shall be of unlimited duration.[1999–2014 Art.34.2]
- The duration of the authors’ economic rights in a joint work shall run for the life of co-authors and for 70 years after the death of the last surviving author.[1999–2014 Art.35.1]
- In the case of anonymous and pseudonymous works, the term of protection of the authors' economic rights shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the prescribed period, the term of protection of the author's economic rights shall run for the life of the author and for 70 years after his death.[1999–2014 Art.35.2]
- In the case of collective works, the term of protection of the authors’ economic rights shall run for 70 years after the work is lawfully made available to the public. In cases where the natural persons who have created the work leave no doubt as to their identity, provisions of paragraph 1 of this Article shall apply.[1999–2014 Art.35.5]
- The term of protection of authors’ economic rights in an audiovisual work shall extend over the life of the principal director, author of the screenplay, author of the dialogue, art director, director of photography and the composer of music specifically created for the audiovisual work, and for 70 years after the death of the last of them to survive.[1999–2014 Art.35.7]
- The economic rights of the authors of a musical composition with words shall run for the life of the authors (the composer of the musical composition and the author of the lyrics) and for 70 years after the death of the last of the authors to survive, whether or not those persons are designated as co-authors, provided that both contributions (music and words) were specifically created for the respective musical composition with words.[1999–2014 Art.35.8]
- A natural or legal person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the exclusive economic rights in the work, laid down in paragraph 1 of Article 15 of this Law.[1999–2014 Art.36.1] The duration of the rights specified in paragraph 1 of this Article shall extend over 25 years from the date of the first lawful publication of the work or the first lawful communication to the public of the work.[1999–2014 Art.36.3]
- The terms laid down in Articles 34-36 shall be calculated from the first day of January of the year following the event which gives rise to them.[1999–2014 Art.37.1]
Not protected
[edit]Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014, the following are not subject to copyright:
- ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries or mere data;[1999–2014 Art.5.1]
- legal acts, official documents texts of administrative, legal or regulative nature (decisions, rulings, regulations, norms, territorial planning and other official documents), as well as their official translations;[1999–2014 Art.5.2]
- official State symbols and insignia (flags, coat-of-arms, anthems, banknote designs, and other State symbols and insignia) the protection of which is regulated by other legal acts;[1999–2014 Art.5.3]
- officially registered drafts of legal acts;[1999–2014 Art.5.4]
- regular information reports on events;[1999–2014 Art.5.5]
- folklore works.[1999–2014 Art.5.6]
Copyright tags
[edit]- {{PD-LT-exempt}} – for official Lithuanian State symbols and insignia (flags, coats-of-arms, anthems, banknote designs, and other State symbols and insignia).
- {{PD-old-70}} – for works where the author died more than 70 years ago
Currency
[edit] OK The designs of Lithuanian currency, including the national sides of its Euro coins, are not copyrighted.
Monetary items, together with other state symbols, are explicitly excluded from copyright by article 5 of Copyright law of Lithuania.
Please use {{PD-LT-exempt}} for Lithuanian currency images.
Freedom of panorama
[edit] Not OK {{NoFoP-Lithuania}} Commercial use of reproductions of works of architecture or sculpture in public places is not allowed when the work is the main subject and it is used commercially.
Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014, Article 28,
- It shall be permitted to carry out the following acts without the authorisation of an author or any other owner of copyright and without a remuneration, as long as the source, including the author's name, is indicated, unless this turns out to be impossible: to reproduce and make available to the public works of architecture and sculptures, made to be located permanently in public places, except for the cases where they are displayed in exhibitions and museums;[1999–2014 Art.28.1.1]
- The provisions of Art.28.1.1 shall not be applied when a work of architecture or a sculpture is the main subject of representation in the reproduction, and when this is done for direct or indirect commercial advantage.[1999–2014 Art.28.2]
Stamps
[edit]
use {{PD-LT-exempt}}.
See also
[edit]- Lietuva
- Category:Lithuanian FOP cases
- Category:License tags of Lithuania
- Category:Stamps of Lithuania
- Commons:Copyright rules by territory/Soviet Union
Citations
[edit]- ↑ a b Lithuania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law No. VIII-1185 of May 18, 1999, on Copyright and Related Rights (as amended up to Law No. XII-1183 of October 7, 2014) (2014). Retrieved on 2019-02-26.
COM:Luxembourg
Luxembourg
|
Copyright rules: Luxembourg Shortcut: COM:LUXEMBOURG | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 |
| Collective | Publish + 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-old-auto}} |
| ISO 3166-1 alpha-3 | LUX |
| Treaties | |
| Berne convention | 20 June 1888 |
| WTO member | 1 January 1995 |
| 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 Luxembourg relevant to uploading works into Wikimedia Commons. Note that any work originating in Luxembourg must be in the public domain, or available under a free license, in both Luxembourg 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 Luxembourg, refer to the relevant laws for clarification.
Governing laws
[edit]Luxembourg has been a member of the Berne Convention since 20 June 1888, the World Trade Organization since 1 January 1995 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 Law of April 18, 2001, on Copyright and Related Rights and Databases as the main IP law enacted by the legislature of Luxembourg.[1]
WIPO holds the text of this law in their WIPO Lex database.[2] The 2001 Law was amended by the Law of April 18, 2004 (LU043), Law of May 22, 2009 (LU055) and Law of April 25, 2018 (LU053).[3][4] It was also amended by Law of February 10, 2015, transposing Directive 2011/77/EU of the European Parliament ...[5] The 2001 Law applied to works that had not entered the public domain before its entry into force.[4-18-2001 Art.96(1)] It also applied to all works which, on 1 July 1995, were protected in at least one Member State of the European Union.[4-18-2001 Art.97]
General rules
[edit]Under the Law of April 18, 2001 as modified in 2015,
- Copyright extend for 70 years after the death of the author in favor of his heirs and assigns.[4-18-2001 Art.9(1)]
- When the work is the product of collaboration and the contributions are inseparable, copyright exists for the benefit of all interested parties until 70 years after the death of the last surviving author.[4-18-2001 Art.9(2)]
- Protection of audiovisual works expires 70 years after the death of the last survivor of the following persons: the principal director, the author of the screenplay, dialogues and musical compositions, with or without words, specially created for use in the work, whether or not sponsors.[4-18-2001 Art.9(2)]
- Copyright in anonymous and pseudonymous works lasts 70 years from the day when the work was lawfully made available to the public.[4-18-2001 Art.9(3)] If the identity of the author of an anonymous or pseudonymous work is established, the author or his heirs may claim protection for the duration specified in paragraph 1.[4-18-2001 Art.9(3)]
- Directed works are created by several authors at the initiative and under the direction of a natural or legal person who publishes it under their name, and in which the contributions of the authors are designed to be integrated into the collection. In the absence of of any contractual provision to the contrary, the publisher has the original economic and moral rights in the work.[4-18-2001 Art.6] Copyright in directed works lasts 70 year from the year of publication.[4-18-2001 Art.9(3)]
- Any person who, after the expiration of protection by copyright, publishes or lawfully communicates to the public for the first time a work not previously published, is vested with property rights equivalent to those enjoyed by the author for a period of 25 years from the time when the work was first published or communicated to the public.[4-18-2001 Art.9(4)]
- All dates in this article are calculated from 1 January following the relevant event.[4-18-2001 Art.9(5)]
Copyright in the United States
[edit]Luxembourg was a member of the Berne Convention when the Uruguay Round Agreements Act came into effect in the United States on 1 January 1996.[1] At that time, the governing law was the Loi du 29 mars 1972 sur le droit d'auteur (Law of 29 March 1972 on Copyright). The Government of the Grand Duchy of Luxembourg provides an online version of this law.[6] Works originating in Luxembourg are usually protected under the copyright rules of the United States if they are a type of work that may be protected by copyright in the United States, were published after 1924 and were either protected in Luxembourg on the URAA date of 1 January 1996, or were published after that date. The general rules in Luxembourg on the URAA date were:
- Literary or artistic works as defined under the Law of 1972 were subject to protection.[3-29-1972 Art.1]
- Copyright extended for 50 years after the death of the author.[3-29-1972 Art.2]
- For works of joint authorship, copyright extended for 50 years after the death of the last surviving author.[3-29-1972 Art.6]
- Copyright in photographic works and works of applied art extended for fifty years from their creation.[3-29-1972 Art.4]
- Copyright in an anonymous or pseudonymous work expired fifty years after the work was made accessible to the public.[3-29-1972 Art.8]
Some works may be in the public domain in the United States but not in Luxembourg. These are works that entered the public domain before the URAA date, then returned to copyright protection with 8 September 1997 amendment to the 1972 law, which extended the term for literary or artistic works including photographs to death plus 70 years.[3-29-1997 Art.2] This law was retroactive, but stated that "Works that passed into the public domain before July 1, 1995, and have already been freely exploited may continue to be exploited by the same persons, who shall be exempted from copyright insofar as they engage in the same forms of exploitation."[3-29-1997 Art.49][7]
Freedom of panorama
[edit] Not OK {{NoFoP-Luxembourg}} Only incidental inclusion allowed. Under the Law of April 18, 2001 as modified in 2015,
- A copyright holder may not prevent "the reproduction and communication of [his or her] works located in a publicly accessible place, when such works do not constitute the primary subject of the reproduction or communication."[4-18-2001 Art.10(7)]
Threshold of originality
[edit]According to Jean-Luc Putz, the threshold of originality in Luxembourg is not as strict as in UK but not as liberal as in Germany. During the legislation the intent was to orientate with other Benelux states or France.[8]
See also
[edit]Citations
[edit]- ↑ a b c Luxembourg Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law of April 18, 2001, on Copyright and Related Rights and Databases. Luxembourg (2001). Retrieved on 2018-11-13.
- ↑ LU043 Law of April 18, 2004, on Amendments to (1)Law of April 18, 2001, on Copyright and Related Rights and the Databases.... Luxembourg (2004). Retrieved on 2018-11-13.
- ↑ LU052 Law of April 25, 2018, on the Collective Management of Copyright and Related Rights. Luxembourg (2018). Retrieved on 2018-11-13.
- ↑ Law of February 10, 2015, transposing Directive 2011/77/EU of the European Parliament and of the Council of September 27, 2011, amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights, and on the Amendments to the Amended Law of April 18, 2001, on Copyrights and Related Rights and Databases (in French). Retrieved on 2019-01-29.
- ↑ Loi du 29 mars 1972 sur le droit d'auteur (in French). Luxembourg (12 April 1972). Retrieved on 2020-04-13.
- ↑ Law of March 29, 1972, on Copyright (as last amended on September 8, 1997). Luxembourg. Retrieved on 2020-06-04.
- ↑ Jean-Luc PUTZ. das luxemburgische Urheberrecht: eine Einführung (in German). Retrieved on 2019-01-29.