Commons:Copyright rules by territory/Consolidated list Northern Africa
| V • T • E | Copyright rules by territory |
 UN geographical subregions | |
| Africa | |
| Americas | |
| Asia | |
| Europe | |
| Oceania | |
| Others | |
This page gives overviews of copyright rules in different countries of Northern Africa, as defined in the United Nations geoscheme for Africa. It is "transcluded" from individual pages giving the rules for each territory. The list may be used for comparison or maintenance.
COM:Algeria
Algeria
|
Copyright rules: Algeria Shortcut: COM:ALGERIA | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 50 years |
| Anonymous | Publish + 50 years |
| Collective | Publish + 50 years |
| Applied art | Create + 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Algeria}} {{PD-Algeria-photo-except}} |
| ISO 3166-1 alpha-3 | DZA |
| Treaties | |
| Berne convention | 19 April 1998 |
| Univ. Copyright Convention | 10 July 1974 |
| URAA restoration date* | 19 April 1998 |
| WIPO treaty | 31 January 2014 |
| *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 Algeria relevant to uploading works into Wikimedia Commons. Note that any work originating in Algeria must be in the public domain, or available under a free license, in both Algeria 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 Algeria, refer to the relevant laws for clarification.
Background
[edit]Algeria was a French colony from the mid-19th century until 1962, when it became an independent republic following the March 1962 Evian agreements.
Algeria has been a member of the Berne Convention since 19 April 1998 and the WIPO treaty since 31 January 2014, 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 Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights as the main copyright law.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Wayback Machine holds the French language version.[3]
The 2003 law repealed the Order No. 97-10 dated 27 Shawwal 1417 corresponding to March 6, 1997 related to Copyrights and Neighboring Rights, which in turn repealed the Order No. 73-14 of April 3, 1973 corresponding to copyright. Article 160 of the 1997 law and Article 161 of the 2003 (current) law specify non-retroactivity of the protection terms for works that already fell into public domain.
Durations
[edit]Works published in Algeria before 1997 are subject to the 1973 copyright law: Ordonnance n° 73-14 du 3 avril 1973 relative au droit d'auteur (General rule: 25 year protection, see the chapter VII about duration).
Works published between 1997 and 2003 are subject to the 1997 copyright law: Ordonnance n° 10 du 6 mars 1997 relative aux droits d'auteur et aux droits voisins, non retroactive. (General rule: 50 year protection).
Works published from 2003 onwards, as well as those not in the public domain at the time the 2003 copyright law came into effect, are subject to the 2003 copyright law.
According to Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003,
- Material rights are protected throughout the author's life, and for 50 years from the beginning of the Gregorian year following his death.[Law of 2003, Art.54]
- For a joint work protection is for 50 years from the end of the Gregorian year following the death of the last surviving co-author.[Law of 2003, Art.55]
- The protection period for a collective, pseudonymous, anonymous, posthumous or audiovisual work is 50 years from the end of the Gregorian year during which the work has been legally published for the first time. If the work has not been published within 50 years of its creation, the 50-year protection period is effective from the end of the Gregorian year during which it was publicly circulated. If the work has not been publicly circulated within 50 years from its creation, the 50-year protection period is effective from the end of the Gregorian year during which the work was created.[Law of 2003, Art.56–58, 60]
- Pictorial and applied art works are protected for 50 years from creation.[Law of 2003, Art.59]
However, all photographs which were first published before January 1, 1987 are in the public domain, see {{PD-Algeria-photo-except}}.
Not protected
[edit]- Protection shall not include ideas, concepts, principles, approaches, techniques, working procedures and patterns associated with intellectual work creation themselves, except to the extent they are enlisted, structured or arranged in the protected work, and in the format expression independent of their description, interpretation or clarification.[Law of 2003, Art.7]
- State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
- Approved protection of copyrights provided for herein shall not be granted to administrative laws, regulations, resolutions and administrative contracts issued by the state institutions, local groups, justice rulings and the official translation of these texts.[Law of 2003, Art.11]
Traditional cultural heritage: non-free
[edit]See also: Commons:Paying public domain
Under Algeria's 19 July 2003 Copyrights and Related Rights Act, works of traditional cultural heritage and national works considered as public property are granted special protection.[Law of 2003, Art.8] The National Bureau of Copyrights and Neighboring Rights protects these works.[Law of 2003, Art.139] Their use is subject to a license from the Bureau, and if the use is for profit a royalty is payable to the Bureau.[Law of 2003, Art.140]
Copyright tags
[edit]- {{PD-Algeria-photo-except}} – for photographs published prior to 1987.
- {{PD-Algeria}} – for other works.
Currency
[edit]
Not OK for the currency issued by the current Bank of Algeria. According to the Algerian 2003 copyright act,
- State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
The non-commercial restriction that makes both coins or banknotes incompatible with Commons licensing policy. This does not apply to the banknotes and coins issued by the Banque de l'Algérie, the banking authority during French rule (until 1958), because it was not an official body of the current Algerian state. Copyright status of this currency is currently undetermined.
Freedom of panorama
[edit]According to article 50 of the Algerian copyright law 2003, it shall be lawful to reproduce or to communicate to the public, without authorization of the author and without remuneration, a work of architecture or the fine arts, a work of applied arts or a photographic work that is permanently situated in a public place, with the exception of art galleries, museums and classified cultural or natural sites.[Law of 2003, Art.50]
The freedom of panorama clause was introduced in the 1997 copyright law of Algeria.[Law of 1997, Art.51] Prior that, a limited freedom of panorama right for use by cinematography and TV broadcasts existed in the 1973 copyright law of Algeria.[Law of 1973, Art.27]
See also
[edit]Citations
[edit]- ↑ a b Algeria Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights. Algeria (2018). Retrieved on 2018-11-03.
- ↑ Journal Officiel De La Republique Algerienne Democratique Et Populaire (23 July 2003).
COM:Bir Tawil
Bir Tawil
Other region, e.g. dependency, union, former country
Bir Tawil is an uninhabited area along the border between Egypt and Sudan that is claimed by neither country. It results from a dispute over the boundary between the two countries, where Egypt claims all land north of a straight line defined in 1899 and Sudan claims all land south of an irregular line defined in 1902. Bir Tawil is south of the straight line and north of the irregular line, with the result that each country claims the other owns it.[1]
No works are currently published in Bir Tawil. Thus, if hypothetically someone both published a work in this region and also attempted to assert copyright over it, the copyright status of such a work is unknown, and would be addressed on a case-by-case basis. Unpublished works and works published outside of Bir Tawil will usually be subject to protection in the author's country and the country of publication. Published works that claim to be under the copyright of one of the various en:micronations that have claimed Bir Tawil rather than Egypt, Sudan, or the author's home country would lack copyright protection, as these micronations are not signatory to the relevant international copyright treaties.
See also
[edit]- Category:Bir Tawil
- Commons:Copyright rules by territory/Egypt
- Commons:Copyright rules by territory/Sudan
Citations
[edit]COM:Ceuta
Ceuta
Other region, e.g. dependency, union, former country
.svg)
Ceuta is a Spanish autonomous city on the north coast of Africa, sharing a land border with the Kingdom of Morocco. Ceuta, as part of Spain, is part of the territory of the European Union.
Works from Ceuta are covered by the copyright law of Spain.
Not protected
[edit]Further information: Commons:Copyright rules by territory/Spain#NOP
Copyright tags
[edit]Further information: Commons:Copyright rules by territory/Spain#TAG
Currency
[edit]Further information: Commons:Copyright rules by territory/Spain#CUR
Freedom of panorama
[edit]Further information: Commons:Copyright rules by territory/Spain#FOP
Stamps
[edit]Further information: Commons:Copyright rules by territory/Spain#Stamps
See also
[edit]Citations
[edit]COM:Egypt
Egypt
|
Copyright rules: Egypt Shortcut: COM:EGYPT | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 50 years |
| Collective | Publish + 50 years |
| Posthumous | Publish + 50 years |
| Applied art | Publish + 25 years |
| Other | |
| Freedom of panorama | Yes |
| Common licence tags |
{{PD-Egypt}} {{PD-Egypt-folklore}} {{PD-Egypt-official}} {{PD-Egypt-stamp}} |
| ISO 3166-1 alpha-3 | EGY |
| Treaties | |
| Berne convention | 7 June 1977 |
| WTO member | 30 June 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Egypt relevant to uploading works into Wikimedia Commons. Note that any work originating in Egypt must be in the public domain, or available under a free license, in both Egypt and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Egypt, refer to the relevant laws for clarification.
Background
[edit]The British took effective control of Egypt in the late 19th century, and on 5 November 1914 it became a British protectorate. Britain unilaterally declared that Egypt was independent on 22 February 1922, but retained a military presence until 1954.
Egypt has been a member of the Berne Convention since 7 June 1977 and the World Trade Organization since 30 June 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 82 of 2002 on the Protection of Intellectual Property Rights as the main IP law enacted by the legislature of Egypt.[1] WIPO holds the text of this law in their WIPO Lex database.[2] A copy of the English text is also held on Commons.[3] Law No. 82 of 2002 repealed Law #354 of 1954, and repealed any provisions of that law that contradicted the provisions of the new law.[82/2002 Article 2(c)]
General rules
[edit]According to Law No. 82 of 2002,
- The author's economic rights are protected throughout the lifetime of the author and for 50 years from the date of his death.[82/2002 Article 160]
- The economic rights relating to works of joint authorship are protected throughout the lives of all co-authors and for 50 years from the death of the last survivor.[82/2002 Article 161]
- For collective works, other than works of applied art,
- Where the copyright holder is a legal entity, the economic rights are protected for 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 162]
- Where the copyright holder is a natural person, the protection period is calculated as in Articles 160 and 161.[82/2002 Article 162]
- The economic rights relating to a posthumous work expire after 50 years from the date the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 162]
- The economic rights relating to a work published anonymously or under pseudonym are protected for 50 years from the date the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 163]
- The economic rights of the author of a work of applied art expire 25 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[82/2002 Article 164]
- Producers of sound recordings enjoy an exclusive economic right for 50 years from the date on which the recording was made or made public, whichever comes first.[82/2002 Article 167]
United States status
[edit]As a result of the Uruguay Round Agreements Act,
- For non-creative photographic or audiovisual works copyright has expired in Egypt if published prior to 1987 and copyright has expired in the U.S. if published prior to 1981.
- For other works with an identifiable author, copyright has expired in Egypt if the author died prior to 1974 and copyright has expired in the U.S. if the author died prior to 1946 or published prior to 1929.
- For other works that are either anonymous or pseudonymous, copyright has expired in Egypt if published prior to 1974 and copyright has expired in the U.S. if published prior to 1946
- For other works (e.g. collective works) whose copyright is held by a legal person, copyright has expired in Egypt if published prior to 1974 and copyright has expired in the U.S. if published prior to 1946.
National folklore
[edit]National folklore is any expression which consists of distinctive elements reflecting the traditional popular heritage, which originated or developed in Egypt, including in particular:[82/2002 Article 138(7)]
- Oral expressions such as folk tales, poetry and charades, and other folklore;
- Musical expressions such as popular songs accompanied by music;
- Motion expressions, such as popular dances, plays, artistic forms and rituals;
- Tangible expressions such as: Products of popular plastic art, particularly drawings with lines and colours, engravings, sculpture, ceramics, pottery, woodwork and any inlaid designs, mosaics, metal or jewellery, hand-woven bags, needlework, textiles, carpets and clothes; Musical instruments; Architectural forms.
National folklore shall be considered part of the public domain of the people. The competent ministry shall exercise the author's economic and moral rights and shall protect and support such folklore.[82/2002 Article 142]
Copyright tags
[edit]- {{PD Egypt}} – for all works other than those listed below.
- {{PD-Egypt-folklore}} – for works deemed part of Egypt's national folklore.
- {{PD-Egypt-official}} – for official documents.
- {{PD-Egypt-stamp}} – for Egyptian stamps published prior to 1946.
- {{FoP-Egypt}} — For photographs that benefit from the principle of freedom of panorama
Currency
[edit]
OK According to Law No. 82 of 2002 on the Protection of Intellectual Property Rights: "[Copyright protection] shall not cover the following: Official documents, whatever their source or target language, such as laws, regulations, resolutions and decisions, international conventions, court decisions, award of arbitrators and decisions of administrative committees having judicial competence."[82/2002 Article 141]
Freedom of panorama
[edit] OK even for 2-D artworks. {{FoP-Egypt}}
According to Article 171 of Law No. 82 of 2002:
- Without prejudice to the moral rights of the author, pursuant to the provisions of the law herein, the author may not prevent third parties, after the publication of his work, from undertaking any of the following acts: ...[82/2002 Article 171]
- Make a single copy of the work for one's exclusive personal use, provided that such a copy shall not hamper the normal exploitation of the work nor cause undue prejudice to the legitimate interests of the author or copyright holders;
- However, the author or his successor may, after the publication of the work, prevent third parties from carrying out any of the following acts without his authorization:
- Reproduction or copying works of fine, applied or plastic arts, unless they were displayed in a public place, or works of architecture; ...[82/2002 Article 171(2)]
By expressly denying the copyright holder the ability to enforce his copyright on works "displayed in a public place, or works of architecture" freedom of panorama for these items is implied. "Applied art" means art incorporated into useful articles. Plastic arts are three dimensional artworks. Fine arts are painting, photography, and sculpture, so Egypt's FOP is relatively broad, covering everything except text.
See also
[edit]Citations
[edit]- ↑ a b Egypt Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law No. 82 of 2002 on the Protection of Intellectual Property Rights. Egypt (2002). Retrieved on 2018-11-04.
- ↑ Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights
COM: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:Melilla
Melilla
Other region, e.g. dependency, union, former country
.svg)
Melilla is a Spanish autonomous city on the north coast of Africa, sharing a land border with the Kingdom of Morocco. Melilla, as part of Spain, is part of the territory of the European Union.
Works from Melilla are covered by the copyright law of Spain.
Copyright tags
[edit]Further information: Commons:Copyright rules by territory/Spain#TAG
Currency
[edit]Further information: Commons:Copyright rules by territory/Spain#CUR
Freedom of panorama
[edit]Further information: Commons:Copyright rules by territory/Spain#FOP
Stamps
[edit]Further information: Commons:Copyright rules by territory/Spain#Stamps
See also
[edit]Citations
[edit]COM:Morocco
Morocco
|
Copyright rules: Morocco Shortcut: COM:MOROCCO | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 70 years |
| Audiovisual | Create/publish + 70 years |
| Collective | Create/publish + 70 years |
| Applied art | Create/publish + 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Morocco}} |
| ISO 3166-1 alpha-3 | MAR |
| Treaties | |
| Berne convention | 16 June 1917 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 20 July 2011 |
| *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 Morocco relevant to uploading works into Wikimedia Commons. Note that any work originating in Morocco must be in the public domain, or available under a free license, in both Morocco 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 Morocco, refer to the relevant laws for clarification.
Governing laws
[edit]In 1912, Morocco was divided into French and Spanish protectorates, with an international zone in Tangier. It regained independence in 1956.
Morocco has been a member of the Berne Convention since 16 June 1917, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 July 2011.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2-00 on Copyright and Related Rights (promulgated by Dahir No. 1-00-20 of 9 Kaada 1420 (February 15, 2000)) as the main IP law enacted by the legislature of Morocco.[1] This law was modified by Dahir No. 1-05-192 of 15 Moharrem 1427 (14 February 2006) enacting Law No. 34-05 amending and supplementing Law No. 2-00 on Copyright and Related Rights.[1] WIPO holds the text of the law as amended in 2006 in their WIPO Lex database.[2]
The 2006 law replaced and repealed Dahir No. 1-69-135 of 25 joumada I 1390 (July 29, 1970), relating to the protection of literary and artistic works.[1-05-192/2006 Art.71] It was not retroactive, and does not apply to works that had already entered the public domain.[1-05-192/2006 Art.69] The protection term under Dahir No. 1-69-135 was 50 years.[3]
General rules
[edit]Under Moroccan Law as amended 2006,
- Except where otherwise specified below, economic rights in a work are protected during the author’s lifetime and for 70 years after his death.[1-05-192/2006 Art.25]
- A collaborative work is protected during the lifetime of the last surviving author and for 70 years after his death.[1-05-192/2006 Art.26]
- A work published anonymously or under a pseudonym is protected for 70 years from the year when it was first published or, where this has not occurred in the 50 years since the work was created, 70 years from the year when it was made available to the public or, where this has not occurred in the 50 years since production, 70 years from the year of creation.[1-05-192/2006 Art.27]
- A collective or audiovisual work is protected for a period of 70 years from the year when it was first published or, where this has not occurred in the 50 years since it was created, 70 years from the year when it was made available to the public or, where this has not occurred in the 70 years since creation, 70 years from the year of creation.[1-05-192/2006 Art.28]
- A work of applied art is protected for 70 years from the year when it was lawfully published for the first time, or where this has not occurred in the 50 years since creation, 70 years from the year of creation.[1-05-192/2006 Art.29]
In the above, any deadline expires at the end of the calendar year during which it would normally lapse.[1-05-192/2006 Art.30]
Expressions of folklore: not free
[edit]See also: Commons:Paying public domain
"Expressions of folklore" means productions of elements characteristic of the traditional artistic heritage developed and preserved on the territory of the Kingdom of Morocco by a community or by individuals recognized as meeting the traditional artistic expectations of this community and comprising: popular tales, popular poetry and mysteries; songs and popular instrumental music; popular dances and shows; productions of the popular arts such as drawings, paintings, sculptures, terracottas, potteries, mosaics, works on wood, metallic objects, jewels, textiles, costumes.[1-05-192/2006 Art.1(10)]
Expressions of folklore shall be protected for the following uses, where those uses have a commercial aim or lie outside the conventional or customary framework: reproduction; communication to the public through representation, performance, broadcasting or cable transmission, or any other means; adaptation, translation or any other modification; fixation of expressions of folklore.[1-05-192/2006 Art.7(1)] The right to authorize the acts referred to in paragraph (1) of this Article shall belong to the Moroccan Copyright Office.[1-05-192/2006 Art.7(4)] The sums received in relation to this Article shall be allocated for professional purposes and to cultural development.[1-05-192/2006 Art.7(5)]
Copyright tags
[edit]- {{PD-Morocco}} – All works are protected for 70 years after the author's death.
- {{PD-Morocco-exempt}} – Works not subject to copyright under Article 8 of the Law No. 34‐05 on Copyright and Related Rights.
- {{Data.gov.ma}} – Works published on Data.gov.ma, the government's open data portal
Freedom of panorama
[edit] Not OK: non-commercial only if work is the main subject of the image: {{NoFoP-Morocco}}
"It shall be permitted, without the author’s authorization or payment of a fee, to republish, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work, or a work of applied art which is permanently located in a place open to the public, unless the image of the work is the main subject of such a reproduction, broadcast or communication and if it is used for commercial purposes".[1-05-192/2006 Art.20]
Note: all images of works on Commons must be commercially usable; the exception only permits commercial use if the copyrighted work is not the main subject of the reproduction.
Not protected
[edit]Works that fit the following criteria are not protected under Moroccan copyright law:
- (a) official texts of a legislative, administrative or judicial nature, nor to their official translations;
- (b) current events;
- (c) ideas, processes, systems, operating methods, concepts, principles, discoveries or simple data, even if these are stated, described, explained, illustrated or incorporated in a work."[1-00-20 Art.8]
De minimis
[edit]"It shall be permitted, without the author’s authorization or payment of a fee, to republish, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work, or a work of applied art which is permanently located in a place open to the public, unless the image of the work is the main subject of such a reproduction, broadcast or communication and if it is used for commercial purposes".[1-05-192/2006 Art.20]
Threshold of originality
[edit]Moroccan copyright law defines a work as an "original intellectual creations in the literary and artistic field".[1-00-20 Art.3] The law also specifies that protection is "independent from the mode or form of expression, nor the quality or purpose of the work".[1-00-20 Art.3] This implies that, while present, the TOO in Morocco would be somewhat low.
See also some previous discussions:
- Commons:Village pump/Copyright/Archive/2021/04#Helps from Moroccan users needed
- Commons:Deletion requests/File:شعار-مصرف-المغرب.png
See also
[edit]Citations
[edit]- ↑ a b c Morocco Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law No. 2-00 on Copyright and Related Rights (promulgated by Dahir No. 1-00-20 of 9 Kaada 1420 (February 15, 2006)). Morocco (2006). Retrieved on 2018-11-04.
- ↑ Dahir No. 1-69-135. Bulletin Officiel, Royaume du Maroc. 7 October 1970
COM:Sudan
Sudan
|
Copyright rules: Sudan Shortcut: COM:SUDAN | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 25 years |
| Audiovisual | Publish + 25 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-Sudan}} {{PD-Sudan-Photo}} |
| ISO 3166-1 alpha-3 | SDN |
| Treaties | |
| Berne convention | 28 December 2000 |
| URAA restoration date* | 28 December 2000 |
| *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 Sudan relevant to uploading works into Wikimedia Commons. Note that any work originating in Sudan must be in the public domain, or available under a free license, in both Sudan 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 Sudan, refer to the relevant laws for clarification.
Background
[edit]In 1898 the British defeated the Mahdist State and began to govern Sudan jointly with Egypt. Sudan obtained self-government in 1953 and full independence on 1 January 1956.
Sudan has been a member of the Berne Convention since 28 December 2000.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighboring Rights Protection Act 1996 as the main IP law enacted by the legislature of Sudan.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]Under the 1996 Act,
- The protection of economic rights in a work shall last during the author’s life and 50 years after his death.[1996 Section 13(2)]
- The term of protection shall last 25 years from the date of publication of the following works:
- photographic pictures and cinematographic films and other audiovisual works.[1996 Section 13(3a)]
- works which are published for the first time after the author’s death.[1996 Section 13(3b)]
- works published under unknown pseudonym or anonymously; the term starts to run from the date of first publication.[1996 Section 13(3c)]
- In relation to a joint work the period shall start to run from the date of death of the last surviving author.[1996 Section 13(4)]
Government works
[edit]Under the 1996 law copyright does not extend to state emblems and symbols or official documents.[1996 Section 6] "Official documents" means the official documents issued by the State or its institution, corporation or unit and which, by virtue of their specialization, are issued for publication to the public, including laws, Presidential or administrative orders, international agreements and judicial judgments, but not including military documents, secret agreements and deliberations of secret sessions in courts or legislative bodies".[1996 Section 3]
Folklore: not free
[edit]See also: Commons:Paying public domain
National folklore of the Sudanese community is deemed to be the property of the State. The State represented by the Ministry of Culture and Information, shall endeavor to protect works of folklore by all legal ways and means, and shall exercise the rights of an author in cases of mutilation, transformation and commercial exploitation.[1996 Section 7]
Copyright tags
[edit]- {{PD-Sudan}} – photos and films 25 years after publication, starting from the publication date.
- {{PD-Sudan-Photo}}
Currency
[edit]- OK: Banknote designs before 18 December 1996
- Not OK: Banknote designs on or after 18 December 1996
Sudan's first copyright law entered into force on 18 December 1996 and did not extend protection to works already in the public domain. Banknotes issued before this date are therefore in the public domain in Sudan. Because these banknotes were in the public domain in Sudan before it joined the Berne Convention (28 December 2000), they are also in the public domain in the United States and may be uploaded to Commons.
The status of banknote designs released after 18 December 1996 is unclear. Under Sudanese copyright law, "official documents" are in the public domain, but banknotes may not fall under the definition of "official documents". If that definition does not include banknotes, then banknotes will be protected for 50 years after the death of the last contributing author.
Freedom of panorama
[edit] Not OK Copyright and Neighbouring Rights Protection Act 1996 does not have a usable freedom of panorama provision that allows uses in advertising and other commercial media, of images of copyrighted works of architecture and artistic works permanently located in public spaces.
See also
[edit]Citations
[edit]- ↑ a b Sudan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright and Neighboring Rights Protection Act 1996. Sudan (1996). Retrieved on 2018-11-04.
COM:Tunisia
Tunisia
|
Copyright rules: Tunisia Shortcut: COM:TUNISIA | |
 | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Creation + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Posthumous | Publish + 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Tunisia}} |
| ISO 3166-1 alpha-3 | TUN |
| Treaties | |
| Berne convention | 5 December 1887 |
| WTO member | 29 March 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 Tunisia relevant to uploading works into Wikimedia Commons. Note that any work originating in Tunisia must be in the public domain, or available under a free license, in both Tunisia 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 Tunisia, refer to the relevant laws for clarification.
Background
[edit]The French colonization of Tunisia occurred in 1881. Tunisia gained full independence on 20 March 1956.
Tunisia has been a member of the Berne Convention since 5 December 1887 and the World Trade Organization since 29 March 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-36 of February 24, 1994, on Literary and Artistic Property as the main IP law enacted by the legislature of Tunisia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This was amended by Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property.[3]
General rules
[edit]According to the 1994 law as amended in 2009,
- Protection of the rights of the author lasts during his entire life, the remainder of the year of his death and 50 years, as from January first of the year following that of his death.[2009-33 Article 18]
- For works of collaboration, protection lasts during 50 years as from the first of January of the year following that of the death of the last co-author.[2009-33 Article 18]
- For anonymous or pseudonymous works, protection lasts 50 years as from the first of January of the year following that of the first publication of work.[2009-33 Article 18]
- For works published after the author death, protection lasts 50 years as from January first of the year following that of the first publication of work.[2009-33 Article 18]
- The protection of the pecuniary rights of the author for photographic works lasts 50 years as from the date of realization of work.[2009-33 Article 19]
- The duration of protection of the pecuniary rights of cinematographic or audio-visual works is 50 years as from the first licit public representation of work. In the absence of representation, the duration of this protection is fifty years as from the date of realization of the first copy of reference.[2009-33 Article 42bis]
Before 5 July 2009, a photographic work was protected for 25 years from creation. Pictures taken before July 5, 1984 have already been placed into the public domain.
Folklore: not free
[edit]See also: Commons:Paying public domain
Folklore forms part of the national heritage and any transcription of folklore with a view to exploitation for profit shall require authorization from the Ministry responsible for culture against payment of a fee for the benefit of the welfare fund of the Copyright Protection Agency. Authorization from the Ministry responsible for culture shall also be required for the production of works inspired by folklore for the full or partial assignment of copyright in a work inspired by folklore or for an exclusive license with respect to such work. Folklore within the meaning of this Law shall be any artistic heritage bequeathed by preceding generations and bound up with customs and traditions and any aspect of folk creation such as folk stories, writings, music and dance.[94-36/1994 Article 7]
Copyright tags
[edit]The Tunisian law n°94-36 of February 24, 1994 on literary and artistic property stipulates that:
- Copyright shall subsist for the lifetime of the author and for 50 Gregorian years counted from January 1 of the year following the author's death…
- In the case of works of joint authorship, the date of the death of the last surviving author…
- In the case of anonymous or pseudonymous works, copyright shall subsist for 50 years as from the date on which the work has been lawfully made available to the public…
- In the case of photographic works, copyright shall only subsist for 25 Gregorian years as from the year during which the work was made.
Freedom of panorama
[edit]Allowed uses without permission include "the reproduction or communication of a work of architecture or fine arts, or of a work of the applied arts or a photographic work, when it is located permanently in a public place, except for the museums, art galleries or any artistic heritage bequeathed by the former generations.[2009-33 Article 10(g)]
See also
[edit]Citations
[edit]- ↑ a b Tunisia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 94-36 of February 24, 1994, on Literary and Artistic Property. Tunisia (1994). Retrieved on 2018-11-08.
- ↑ Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property. Tunisia (2009). Retrieved on 2018-11-08.