Commons:Copyright rules by territory/Consolidated list Oceania

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

Text transcluded from
COM:American Samoa

American Samoa

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

Location of American Samoa

American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of Samoa.

History

Under the 1899 Tripartite Convention Germany and the United States partitioned the Samoan Islands. Germany took the larger islands to the west, now Samoa, while the United States took the smaller eastern island group, known as the Tutuila Islands in 1900 and officially Manu'a in 1904. The United States formally annexed the islands in 1902, and in 1911 renamed them American Samoa. American Samoa became self-governing under a constitution effective from 1 July 1967, but is on the United Nations list of Non-Self-Governing Territories.

Laws

American Samoa laws are subject to a constitution that became effective 17 October 1960.[1][2] A Constitutional Convention of American Samoa in Fagatogo begun on 26 September 1966 and approved several amendments.[3] These were approved in a referendum in the general elections in 1966, and became effective 1 July 1967.[4]

Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[5] Title 27 of the American Samoa Consolidated Legislation - Code Annotated (ASCA), related to Commerce and Trade, prohibits import of export of Goods, merchandise or commodities that violate international or U.S. copyright or patent laws, but does not otherwise mention copyright law.[6]

As of 1993, American Samoa itself enacted no copyright laws. However, "because a copyright may be obtained by a person who is not a citizen of the U.S., but who is instead either "a national or domiciliary of the United States" (17 U.S.C. 104(b)(1)), United States copyright protection is available to Samoans in general... That protection, however, would not extend to the Samoan... author "at home" in Samoa... because the Federal law does not extend to... Samoa."[7] In other words, "The Federal copyright laws... do not apply within American Samoa..., but American Samoans can obtain copyright protection elsewhere in the United States".[8]

This means that American Samoans can register for copyright protection from the United States, however works created in American Samoa and that are not registered for United States copyright protection are possibly in the public domain.

{{PD-American Samoa}}

Currency

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

Freedom of panorama

May be similar to COM:FOP US.

The absence of copyright law applying to the territory means that photos that would be affected by freedom of panorama could be uploaded. However, as the copyright of any American Samoan architect living in the United States would be protected according to US federal law, realistically such photos would be protected similarly to American FOP.

Stamps

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

See also

Citations

  1. ↑ Leibowitz, 1980, p. 254
  2. ↑ Leibowitz, 1989, p. 420
  3. ↑ Leibowitz, 1980, pp. 254-255
  4. ↑ Revised Constitution of American Samoa. International Labour Organization (ILO) (1967). Retrieved on 2020-03-23.
  5. ↑ Circular 38a: International Copyright Relations of the United States 14. U.S. Copyright Office. Retrieved on 2019-03-14.
  6. ↑ American Samoa Consolidated Legislation - Code Annotated (ASCA) : Commerce and Trade [Title 27]. Pacific Islands Legal Information Institute (2020). Retrieved on 2020-03-23.
  7. ↑ Extraterritoriality does not apply in copyright law.
  8. ↑ The application of Federal laws in ... American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands: by Dept. of the Interior, Office of the Solicitor., Washington, 1993, volume 2, pp. 465-470.

Sources

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

Australia

Copyright rules: Australia
Shortcut: COM:AUSTRALIA
Flag of Australia
Map of Australia
Durations
Standard Life + 70 years
Anonymous Publish + 70 years
Government Creation + 50 years
Other
Freedom of panorama For 3D works and "works of artistic craftsmanship"
ISO 3166-1 alpha-3 AUS
Treaties
Berne convention 14 April 1928
WTO member 1 January 1995
URAA restoration date‌* 1 January 1996
WIPO treaty 26 July 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 Australia relevant to uploading works into Wikimedia Commons. Since the Wikimedia Foundation's servers are located in the United States, any work originating in Australia must be in the public domain, or available under a free licence, in both Australia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work created in Australia, refer to the relevant laws and to Australian Government copyright policy guidance.

Governing laws

Australia has been a member of the Berne Convention since 14 April 1928, the World Trade Organization since 1 January 1995, and the WIPO Copyright Treaty since 26 July 2007.[1] As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1968 (Cth) (consolidated as of 22 December 2017) as the main intellectual property law enacted by the federal legislature of Australia.[1] WIPO holds in their WIPO Lex database the text of this law[2] and the text of the individual acts that have modified the 1968 act.[1]

Non-government works

The Copyright Act 1968 was amended as of 1 January 2005 and further amended in February 2008. Prior to these amendments the time limit was 50 years. The amendments were not retroactive; copyrights that had expired were not revived.

The act (consolidated as of 22 December 2017) has the following provisions:

  • Australian copyright is applied to works published first in Australia or whose original author is/was an Australian citizen, Australian resident or person under protection of the Australian government.
  • Subject to this section, copyright that subsists in a literary, dramatic, musical or artistic work by virtue of this Part continues to subsist until the end of 70 years after the end of the calendar year in which the author of the work died.[1968–2017 Sec.33(2)]
  • For posthumous works, copyright subsists until the end of 70 years after the end of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.[1968–2017 Sec.33(3)]
  • For anonymous or pseudonymous works, the copyright expires 70 years after the first publication of the work.[1968–2017 Sec.34]

As a consequence, the following apply:

  • All published works whose author died before 1 January 1955 are in the public domain.
  • Moreover, since works that went out of copyright before the change of the law in 2005 did not regain copyright, all published works whose author died before 1 January 1955 are in the public domain, since they went out of copyright before the new law came into effect. Copyright is lost at the start of the next year; therefore, works of authors who died in 1955 will not be out of copyright until 2026.
  • All anonymous or pseudonymous works published before 1 January 1955 are in the public domain.
  • Unpublished works are not in the public domain.
  • Photographs (published or unpublished) taken before 1 January 1955 are in the public domain.

Government works

Under the Copyright Act 1968 (consolidated as of 22 December 2017):

  • The Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.[1968–2017 Sec.176(2)]
  • Copyright in a literary, dramatic or musical work of which the Commonwealth or a State is the owner ... (a) where the work is unpublished—continues to subsist so long as the work remains unpublished; and (b) where the work is published—subsists, or, if copyright in the work subsisted immediately before its first publication, continues to subsist, until the expiration of 50 years after the expiration of the calendar year in which the work was first published.[1968–2017 Sec.180(1)]

  • {{PD-Australia}} – for Australian photographs published 70 years after the death of the creator, or photographs taken prior to 1955
  • {{PD-Australia-currency}} – for coins designed before 1 May 1969
  • {{PD-AustraliaGov}} – for government works whose copyright has expired.
  • {{DFAT}} - for works from the Department of Foreign Affairs and Trade

Currency

 Not OK for coins or banknotes designed on or after 1 May 1969.
OK for coins or banknotes designed before 1 May 1969, but under the following conditions: Derivative works of images of banknotes are expressly forbidden. Low resolution images of banknotes are allowed for editorial or educational purposes, as long as only one side of a bank note is featured. See website for details of exact size requirements for images.

Designs from prior to 1 May 1969 are in the public domain, and should use the tag {{PD-Australia-currency}}.

Freedom of panorama

Freedom of Panorama is dealt with in the Australian Copyright Act, sections 65–68, and is based on the laws of the United Kingdom.

"Artistic work" is defined under section 10 of the Copyright Act 1968 as:

(a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;
(b) a building or a model of a building, whether the building or model is of artistic quality or not; or
(c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b);

The main concern stems from what is a work of "artistic craftmanship", which the statutory law does not clearly define, but was defined in case law under Burge v Swarbrick [3] The High Court ruled that whether a work has that quality depends on whether it is a work of craftsmanship the artistic form of expression of which is sufficiently "unconstrained by functional considerations".

In the Australian Federal Law Review, Justine Pila wrote an article in light of of the High Court ruling in Burgess that:

"I suggest the requirement for artistic quality is simply a requirement for a [work of artistic craftmanship] 'not imaginary, unreal or apparent only' ... As those cases reflect, even conceived in historical terms, WACs are not exceptional works but rather paradigmatic works, contrary to the orthodox view above. The fact that they are functional too does not lessen their need for artistic quality".[4]

Furthermore, she stated that:

"what constitutes a work of artistic craftsmanship is the same as what constitutes other works — their properties of form and the history of their individual production." [4]

Several users claim that this implies two-dimensional flat arts like paintings and street art are considered as "works of artistic craftsmanship" in Australia, but others doubt about this interpretation and it has not been completely accepted by Wikimedia Commons community. Moreover, according to an information sheet of the Australian Copyright Council concerning street art (dated November 2019), the exception provided by Section 65 "applies only to sculptures and works of artistic craftsmanship, not to other artistic works such as murals and graffiti. Therefore, the copyright in a mural or graffiti may be infringed by taking a photograph of it." It adds that licensing permission from the copyright holder is needed, for uses of Australian street art "to feature on a website; to photograph, particularly for commercial purposes (e.g. to sell as postcards or prints); to use as the location of a film shoot; or to publish in a book or magazine."[5]

Stamps

Australia Post claims copyright ownership of Australian stamps for 50 years from publication (http://www.caslon.com.au/ipguide24.htm). Stamps published before 1 January 1974 can be tagged with {{PD-Australia}}.

Threshold of originality

 Not OK for most logos. The level of originality required for copyright protection in Australia is very low. Images showing the en:Australian Aboriginal Flag were consistently deleted from Commons as an Australian court has ruled that the flag is copyrighted.[6] See the discussions in Category:Australian Aboriginal flag related deletion requests.

  • The Australian Aboriginal Flag is allowed on Commons only because the Australian government has purchased the copyright from the original author, retroactively applying laws that place it in public domain in its country of origin
    The Australian Aboriginal Flag is allowed on Commons only because the Australian government has purchased the copyright from the original author, retroactively applying laws that place it in public domain in its country of origin

See also

Citations

  1. ↑ a b c Australia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Copyright Act 1968 (consolidated as of December 22, 2017). Australia (2017). Retrieved on 2018-11-04.
  3. ↑ (2007) 232 CLR 336 ('Burge')
  4. ↑ a b Pila, Justine (2008). "Works of Artistic Craftsmanship in the High Court of Australia: the exception as paradigm copyright Work". Federal Law Review 36 (3): 363–379. DOI:10.22145/flr.36.3.4. ISSN 0067205X.
  5. ↑ Street Art & Copyright. Australian Copyright Council.
  6. ↑ Harold Joseph Thomas v David George Brown & James Morrison Vallely Tennant [1997] FCA 215. Federal Court of Australia (9 April 1997).
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:British Overseas Territories

British overseas territories

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

British overseas territories are 14 territories under the jurisdiction and sovereignty of the United Kingdom. They are remnants of the British Empire that have not been granted independence or have voted to remain British territories. These territories do not form part of the United Kingdom. They are:

Typically each territory has local government and may pass local laws, including copyright laws, based heavily on United Kingdom laws.

Freedom of panorama summary

Territory Status
Akrotiri and Dhekelia OK: see Commons:Copyright rules by territory/Cyprus#Freedom of panorama
Anguilla  Not OK
Bermuda OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
British Indian Ocean Territory OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
British Virgin Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Cayman Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Falkland Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Gibraltar OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Montserrat OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Pitcairn Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Saint Helena, Ascension and Tristan da Cunha OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
South Georgia and the South Sandwich Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
Turks and Caicos Islands OK for 3D + works of artistic craftsmanship;  Not OK for 2D. Similar to Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.

See also

Citations

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

Clipperton Island

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

Location of Clipperton Island

Clipperton Island is is an uninhabited coral atoll in the eastern Pacific Ocean off the coast of Central America. It is an overseas minor territory of France, under direct authority of the Minister of Overseas France.

French copyright laws apply for works from Clipperton Island

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Cook Islands

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

Copyright rules: the Cook Islands
Shortcut: COM:Cook Islands
Flag of the Cook Islands
Map of the Cook Islands
Durations
Standard Life + 50 years
Audiovisual Create/publish + 50 years
Collective Create/publish + 50 years
Applied art Create 25 years
Other
Terms run to year end Yes
ISO 3166-1 alpha-3 COK
Treaties
Berne convention 3 August 2017
WIPO treaty 19 June 2019

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

Background

The Cook Islands became a British protectorate in 1888. In 1900 the islands were annexed by Britain. In 1901 they were included within the boundaries of the Colony of New Zealand. The islands remained a New Zealand dependent territory until 1965, when they became self-governing. The Cook Islands today is a self-governing island country in free association with New Zealand. The Cook Islands has been a member of the Berne Convention since 3 August 2017 and the WIPO Copyright treaty since 19 June 2019.[1]

As of 2019 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2013 and the Traditional Knowledge Act 2013 as the main IP laws enacted by the legislature of the Cook Islands.[2] The WIPO-LEX website holds copies of these acts, which both entered into force on 5 December 2013.[3][4]

The Copyright Act 1962 of New Zealand applied to the Cook Islands until 2013.[5] The 2013 Act replaced the Copyright Act 1962, but was not retroactive.

  • On and from its commencement, this Act applies, with any necessary modification, to any work, performance, sound recording, or communication to the public protected under the Copyright Act 1962 or any previous Act if the term of copyright protection or rights protection for the work, performance, sound recording, or communication to the public has not expired under that enactment (the previous enactment).[8/2013 Sec.53(1)]
  • The protection under subsection (1) applies for the balance of the term of protection as calculated in accordance with the previous enactment.[8/2013 Sec.53(2)]

General

According to the former Copyright Act 1962, a work is in the public domain if it meets one of the following criteria:

  • It is an anonymous work or pseudonymous work and 50 years have passed since the date of its publication
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is work not published during the lifetime of the author, and 75 years have passed since the death of the author, or 50 years have passed since the date of its publication, whichever period is the shorter
  • It is a photographic work, sound recording, cinematograph film, television or sound broadcast and 50 years have passed since the date of its creation
  • It is a "original literary, dramatic, musical, or artistic work made by or under the direction or control of Her Majesty or a Government Department", and 50 years have passed since the date of its creation

According to the Copyright Act 8/2013,

  • Copyright in a work (other than a work of applied art or a typographical arrangement of a published edition) exists (a) for the life of the author; and (b) for 50 years from the end of the calendar year in which the author dies.[8/2013 Sec.13(1)]
  • If 2 or more individuals are the authors of a work, copyright in the work (other than a work of applied art or a typographical arrangement of a published edition) exists ( a) for the life of the longest-surviving author; and (b) for 50 years from the end ·of the calendar year in which that author dies.[8/2013 Sec.13(2)]
  • Copyright in a collective work (other than a work of applied art or a typographical arrangement of a published edition) or film exists for 50 years from the end of the calendar year in which the latest of the following events occurred: (a) the work was made: (b) the work was first made available to the public: (c) the work was first published.[8/2013 Sec.13(3)]
  • Copyright in a work of applied art (including a collective work) exists for 25 years from the end of the calendar year in which the work was made.[8/2013 Sec.13(4)]
  • Copyright in a typographical arrangement of a published edition of the whole or any part of a literary work, dramatic work, or musical work (including a collective work) exists for 25 years from the end of the calendar year in which the edition is first published.[8/2013 Sec.13(5)]

Not protected

  • The definition of "work" does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature.[8/2013 Sec.3(work)]
  • Copyright does not exist in any idea, procedure, system, method of operation, concept, principle, discovery, or data expressed, described, explained, illustrated, or otherwise embodied in a work.[8/2013 Sec.7(4)]

Traditional knowledge

The Traditional Knowledge Act 2013, which is not retroactive, imposes non-copyright restrictions on the uses allowed for expressions of traditional knowledge. Ownership of rights to traditional knowledge is confirmed by the Are Korero of the traditional community, and the owner must approve various types of use, including commercial use.

Freedom of panorama

 Not OK There is no provision in the 2013 law for freedom of panorama.

The 1962 law broadly followed the Copyright Act 1956 (UK), which did allow Freedom of Panorama. The 2013 law applies to any works whose copyright had not expired when it came into effect.[8/2013 Sec.53]

See also

Citations

  1. ↑ Berne Notification No. 277. WIPO (3 May 2017). Retrieved on 2020-03-25.
  2. ↑ Cook Islands. WIPO Lex (2018). Retrieved on 2019-03-20.
  3. ↑ Copyright Act 2013. Retrieved on 2019-03-20.
  4. ↑ Traditional Knowledge Act 2013. Retrieved on 2019-03-20.
  5. ↑ Copyright Act 1962. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Fiji

Fiji

Copyright rules: Fiji
Shortcut: COM:FIJI
Flag of Fiji
Map of Fiji
Durations
Standard Life + 50 years
Photograph Create + 50 years
Anonymous Publish + 50 years
Audiovisual Create / publish + 50 years
Government Create + 50 years
Other
Terms run to year end Yes
Common licence tags {{PD-Fiji}}
ISO 3166-1 alpha-3 FJI
Treaties
Berne convention 9 October 1970
WTO member 14 January 1996
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 Fiji relevant to uploading works into Wikimedia Commons. Note that any work originating in Fiji must be in the public domain, or available under a free license, in both Fiji 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 Fiji, refer to the relevant laws for clarification.

Background

The British established the crown colony of Fiji in 1874. Fiji gained independence in 1970. Fiji has been a member of the Berne Convention since 9 October 1970.[1] By letter dated 1 December 1971, the Government of Fiji deposited a declaration of continued application of the Brussels Act of the Berne Convention.[2] Fiji joined the World Trade Organization since 14 January 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1999 as the main IP law enacted by the legislature of Fiji.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

Applicability

According to the Copyright Act, 1999, copyright is a property right that exists in accordance with this Act in original works of the following descriptions: (a) literary, dramatic, musical, or artistic works; (b) sound recordings; (c) audio visual works; (d) broadcasts; (e) cable programmes; (f) typographical arrangements of published editions.[1999 Section 14(1)]

Durations

Under the Copyright Act, 1999,

  • Subject to the following subsections, copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies.[1999 Section 22(1)]
  • If the work is a photograph, copyright expires at the end of 50 years after the end of the calendar year in which the photograph is taken.[1999 Section 22(2)]
  • If the work is computer-generated, copyright expires at the end of 50 years after the end of the calendar year of authorised publication of the work, or, if there is no authorised publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making.[1999 Section 22(3)]
  • If the work is of unknown authorship, copyright expires at the end of 50 years after the end of the calendar year of authorised publication of the work, or if there is no authorized publication within 50 years after the making of the work. at the end of 50 years after the end of the calendar year of its making.[1999 Section 22(4)] If the identity of the author of a work of unknown authorship becomes known after the copyright has expired, the copyright is not revived.[1999 Section 22(5)]
  • With a work of joint authorship, the reference to the death of the author is to be construed as a reference to the death of the last of the authors whose identity is known.[1999 Section 22(6)]
  • Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made, or is first made available to the public, or is first published, whichever is the latest.[1999 Section 23(1)]
  • Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public.[1999 Section 24(1)]
  • Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.[1999 Section 25]
  • Where a work is made by or under the direction or control of the State, the State is the first owner of any copyright in the work.[1999 Section 26(1)] State copyright expires
    • in the case of a typographical arrangement of a published edition - at the end of the period of 25 years from the end of the calendar year in which the work is made;[1999 Section 26(3a)]
    • in the case of any other work - at the end of the period of 50 years from the end of the calendar year in which the work is made.[1999 Section 26(3b)]

Not protected

Under the Copyright Act, 1999, no copyright exists in any of the following works: (a) any Bill introduced into the House of Representatives; (b) any Act as defined in the Interpretation Act (Cap 7); (c) any subsidiary legislation as defined in the Interpretation Act (Cap 7); (d) the debates of the Parliament of the Fiji Islands; (e) a report of a Royal Commission, Commission of Inquiry, ministerial inquiry or statutory inquiry; (f) a judgment of any court or tribunal.[1999 Section 27(1] This applies to works made before or after this Act comes into force.[1999 Section 27(2]

  • {{PD-Fiji}} – for photographs at least 50 years after production.

Freedom of panorama

OK for buildings, sculptures and works of artistic craftsmanship. Under the Copyright Act, 1999,

  • This section applies to (a) buildings; and (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1999 Section 67(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; (b) copying the work by making a photograph or audiovisual work of it; or (c) broadcasting, or including in a cable programme, a visual image of the work.[1999 Section 67(2)]
  • Copyright is not infringed by the issue to the public of copies, or the broadcasting or communication to the public or inclusion in a cable programme, of anything the making of which was, under this section, not an infringement of copyright.[1999 Section 67(3)]

Citations

  1. ↑ a b c Fiji Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Berne Notification No. 33 ... Accession of Fiji to the Stockholm Act[1], WIPO, (Please provide a date or year)
  3. ↑ Copyright Act, 1999. Fiji (1999). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:French Polynesia

French Polynesia

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

Location of French Polynesia

French Polynesia is an overseas collectivity of France. It contains 118 islands and atolls in the South Pacific Ocean.

As a French overseas collectivity, the local government has no competence in justice, university education, security and defense. Services in these areas are directly provided and administered by the government of France. The same copyright laws apply as in the rest of France.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

French Southern and Antarctic Lands

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

Location of French Southern and Antarctic Lands

French Southern and Antarctic Lands is an overseas territory of France. The territory has no permanent civilian population.

The copyright laws of France would most likely apply for works from the French Southern and Antarctic Lands.[1]

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

  1. ↑ https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000879815/#:~:text='%C3%AEle%20...-,Loi%20n%C2%B0%2055%2D1052%20du%206%20ao%C3%BBt%201955%20portant,de%20l'%C3%AEle%20de%20Clipperton.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Guam

Guam

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

Location of Guam

Guam is an unincorporated and organized territory of the United States in Micronesia in the western Pacific Ocean. Guam is governed by a popularly elected governor and a unicameral 15-member legislature, whose members are known as senators.

Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[1] This is because US federal copyright law applies to "the organized territories under the jurisdiction of the United States Government," (17 U.S.C. 101) and the Virgin Islands became an organized territory with 48 U.S.C. 1421. Furthermore, "the copyright laws were expressly extended to Guam by section 24 of the 1956 Guam Omnibus Act."[2]

The Guam Omnibus Act of 1956 (codified as 48 U.S.C. § 1421n) states:[3]

§ 1421n. Applicability of Federal copyright laws


The laws of the United States relating to copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in Guam as in the continental United States.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

  1. ↑ Circular 38a: International Copyright Relations of the United States 14. U.S. Copyright Office. Retrieved on 2019-03-14.
  2. ↑ The application of Federal laws in ... American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, 2, p. 467−469
  3. ↑ 70 Stat. 911
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Hawaii

Hawaii

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

Copyright rules: Hawaii
Shortcut: COM:HW
Flag of Hawaii
Map of Hawaii
Durations
Other
Treaties

Hawaii is the 50th and most recent state to have joined the United States.

Hawaii was an independent kingdom until 1893, when it became the Republic of Hawaii. The United States annexed the country in 1898, but granted self-governance to the Territory of Hawaii in 1900. Hawaii received statehood on 21 August 1959.

Works from Hawaii are subject to United States federal government copyright laws.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Kiribati

Copyright rules: Kiribati
Shortcut: COM:KIRIBATI
Flag of Kiribati
Map of Kiribati
Durations
Standard Life + 50 years
Photograph Life + 50 years
Anonymous Publisher life + 50 years
Audiovisual Publish + 50 years
Collective Publish + 50 years
Applied art Create + 25 years
Other
Terms run to year end Yes
Common licence tags {{PD-Kiribati}}
ISO 3166-1 alpha-3 KIR
Treaties
Berne convention 2 January 2018
URAA restoration date‌* 2 January 2018
WIPO treaty 22 June 2021
*‌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 Kiribati relevant to uploading works into Wikimedia Commons. Note that any work originating in Kiribati must be in the public domain, or available under a free license, in both Kiribati and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Kiribati, refer to the relevant laws for clarification.

Background

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

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

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

Definition

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

"work"

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

An artistic work means

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

"collective" work means-

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

General rules

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

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

Former rules

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

Under the former Copyright Act 1956 of England,

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

Government works

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

Under the former Copyright Act 1956 of England,

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

Freedom of panorama

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

Under the former Copyright Act 1956 of England,

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

See also

Citations

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

Marshall Islands

Copyright rules: the Marshall Islands
Shortcut: COM:Marshall Islands
Flag of the Marshall Islands
Map of the Marshall Islands
Durations
Other
Common licence tags {{PD-Marshall Islands}}
ISO 3166-1 alpha-3 MHL
Treaties
URAA restoration date‌* None
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

The Marshall Islands were claimed by Spain in 1592. Spain sold them to Germany in 1885, and they became part of German New Guinea. The islands were occupied by Japan during World War I, and made part of Japan's South Pacific Mandate in 1920. The islands were occupied by the United States in 1944 and formally made part of the Trust Territory of the Pacific Islands. In 1979 they became fully independent in a Compact of Free Association with the United States.

The Marshall Islands is party to several treaties which contain minor clauses relating to intellectual property, although it appears that most of these relate to specific and minor issues not related to the types of works that Wikimedia Commons hosts. For example, the International Treaty on Plant Genetic Resources for Food and Agriculture states that "[recipients of seeds from foreign countries party to the treaty] shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture".[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any IP laws enacted by the legislature of the Marshall Islands other than the Unauthorized Copies of Recorded Materials Act, 1991.[1] As of 2010 there was no IP/copyright legislation outside of that act.[2] The Pacific Islands Legal Information Institute holds a copy of this act.[3]

General rules

The Unauthorized Copies of Recorded Materials Act, 1991 prohibits the unauthorized sale, copying/transfer for sale/profit, or commercial use (eg. public performance for profit) of sound & audio-visual recordings only. The Act does not apply if:[1991 §204]

  • the person who owns the master [disc/film/record/etc] is not a citizen of [the Marshall Islands;
  • the master sound recording or audio-visual work "was not created, originated, produced or otherwise recorded in the [Marshall Islands]";
  • the copied work is "intended for or in connection with a radio or television broadcast transmission that is available to the public without charge, or for historic, cultural or archival preservation or related purposes"; or
  • the work is copied solely for personal use "with no intent to capitalize commercially on such reproduction."

The four exemptions listed will not apply if they contradict the text of any international treaty (whether it specifically focuses on intellectual property or not) which is ratified by the Marshall Islands.

Lack of relevant treaties

Copyright notes

Copyright notes 		Per U.S. Circ. 38a, the following countries are not participants in the Berne Convention or Universal Copyright Convention and there is no presidential proclamation restoring U.S. copyright protection to works of these countries on the basis of reciprocal treatment of the works of U.S. nationals or domiciliaries:
  • Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, Palau, Somalia, Somaliland, and South Sudan.

As such, works published by citizens of these countries in these countries are usually not subject to copyright protection outside of these countries. Hence, such works may be in the public domain in most other countries worldwide.

However:

  • Works published in these countries by citizens or permanent residents of other countries that are signatories to the Berne Convention or any other treaty on copyright will still be protected in their home country and internationally as well as locally by local copyright law (if it exists).
  • Similarly, works published outside of these countries within 30 days of publication within these countries will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of these countries, the term of such copyright protection may exceed the term of copyright inside them.
  • Unpublished works from these countries may be fully copyrighted.
  • A work from one of these countries may become copyrighted in the United States under the URAA if the work's home country enters a copyright treaty or agreement with the United States and the work is still under copyright in its home country.
Marshall Islands has enacted Unauthorized Copies of Recorded Materials Act, 1991 which came into force on 30 September 1991, it grants some Marshallese works limited, internal, intellectual property rights over sound and audio-visual recordings only.

Freedom of panorama

OK on a high level, probably  Not OK if reproducted as audiovisual works [citation needed?]. The only "copyright protections" provided by the Unauthorized Copies of Recorded Materials Act, 1991 does not extend to any architectural or artistic works, or other type of permanently placed works, so any photograph reproductions of them are just considered acceptable, just use {{PD-Marshall Islands}} if and when appropriate.

Citations

  1. ↑ a b Marshall Islands Copyright and Related Rights (Neighboring Rights)[2], WIPO: World Intellectual Property Organization, 2018
  2. ↑ https://web.archive.org/web/20101211183050/http://www.pifnet.ib.wipo.net/page_mh/pifnet_mh_info.htm
  3. ↑ Unauthorized Copies of Recorded Materials Act, 1991.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Micronesia

Federated States of Micronesia

Commons:Copyright rules by territory/Micronesia/en

Text transcluded from
COM:Nauru

Nauru

Copyright rules: Nauru
Shortcut: COM:NAURU
Flag of Nauru
Map of Nauru
Durations
Standard Life + 50 years
Collective Publish + 50 years
Government Create + 100 years
Applied art Create + 25 years
Other
Freedom of panorama No
Terms run to year end Yes
Common licence tags {{PD-Nauru}}
ISO 3166-1 alpha-3 NRU
Treaties
Berne convention 11 May 2020
URAA restoration date‌* 11 May 2020
WIPO treaty 11 August 2020
*‌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 Nauru relevant to uploading works into Wikimedia Commons. Note that any work originating in Nauru must be in the public domain, or available under a free license, in both Nauru 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 Nauru, refer to the relevant laws for clarification.

Background

Nauru was claimed as a colony by Germany in the late 19th century. After World War I, Nauru became a League of Nations mandate administered by Australia, New Zealand and the United Kingdom. After World War II the country entered into United Nations trusteeship. Nauru gained its independence in 1968.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not show Nauru as a member of the World Trade Organization.[1] However, Nauru became a member of the Berne Convention as of 11 May 2020.[2]

Nauru joined the WIPO Copyright Treaty as of 11 August 2020.[3]

As of 2022, WIPO listed the Copyright Act 2019 (Act No. 17 of 2019) as the main copyright-related IP law enacted by the legislature of Nauru.[1] WIPO holds the text of this law in their WIPO Lex database.[4] This apparently replaces the Copyright Act 1956 (United Kingdom),[5] which was in force in the island republic from 1968 in accordance with Section 4(1) of the Custom and Adopted Laws Act 1971 (Act No. 11 of 1971), in which common laws and statutes in force in England on 31 January 1968 were adopted as laws of Nauru.[Act1971 Sec.4(1)]

It is unclear if the Copyright Act 2019 is retroactive or not, since the law does not provide an explicit transitionary provision. Nevertheless both the Copyright Act 2019 and the now-replaced Copyright Act 1956 have identical provisions on posthumous copyright durations for most works, providing a post mortem auctoris of 50 years, with the exception of government works. Also, freedom of panorama was apparently removed.

General rules

Under the Copyright Act 2019,

  • Copyright subsists in a work for 50 years from the end of the calendar year in which the author died.[2019 Sec.18(1)]
  • Copyright subsists in a work of joint authorship for 50 years from the end of the calendar year in which the last-surviving author died.[2019 Sec.18(2)]
  • Copyright in a collective work or a film subsists for 50 years from the end of the calendar year in which it is made, is first made available to public, or is first published.[2019 Sec.18(3)]
  • Copyright in an applied art or a collective work of applied art subsists for 25 years from the end of the calendar year in which the work was first made.[2019 Sec.18(4)]
  • Copyright subsists for 25 years in a typographical arrangement of a published edition of the whole or any part of a literary work, dramatic work or musical work including a collective work, from the end of the calendar year in which this edition is first published.[2019 Sec.18(5)]
  • In case the work is anonymous, "(a) the publisher, whose name appears on the work, shall be presumed to represent the author and shall be entitled to exercise and enforce the moral and economic rights of the author; and (b) where the author reveals his or her identity, the presumption shall cease to apply."[2019 Sec.10(3)]

Not protected

  • Any idea, procedure, system, method of operation, concept, principle, mere data, discovery or date expressed, described, explained, illustrated or otherwise embodied in the work.[2019 Sec.19(a)]
  • Any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[2019 Sec.19(b)]
  • News of the day or miscellaneous facts having the character of mere items of press information.[2019 Sec.19(c)]
  • Political speeches and speeches delivered in the course of legal proceedings.[2019 Sec.19(d)]
  • Judgments of a court of law or tribunal.[2019 Sec.19(e)]

==Government works==Under the Copyright Act 2019,

  • Copyright in a typographical arrangement of a published edition subsists for 25 years from the end of the calendar year in which the work was made.[2019 Sec.15(3)(a)]
  • Copyright in any other work subsists for 100 years from the end of the calendar year in which the work was made.[2019 Sec.15(3)(b)]

Freedom of panorama

 Not OK: The 2019 Copyright Act repealed the Copyright Act 1956 of England. The repealed 1956 law provided freedom of panorama for works of architecture and artistic works in public spaces.[1956 Sec.9(3 and 4)]

None of the exceptions or limitations to copyright in the current law contain such freedom of panorama provision.[2019 Sec.27–40]

See also

Citations

  1. ↑ a b Nauru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Berne Notification No. 284 : Berne Convention for the Protection of Literary and Artistic Works : Accession by the Republic of Nauru[3], 11 February 2020
  3. ↑ WCT Notification No. 96 WIPO Copyright Treaty Accession by the Republic of Nauru[4], 11 May 2020
  4. ↑ Copyright Act 2019 (Act No. 17 of 2019)). Nauru (2019). Retrieved on 2022-10-02.
  5. ↑ Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:New Caledonia

New Caledonia

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

Location of New Caledonia

New Caledonia is a special collectivity of France in the southwest Pacific Ocean.

New Caledonia is a territory sui generis to which France has gradually transferred certain powers. The Kanak people have recourse to customary authorities regarding civil matters such as marriage, adoption, inheritance, and some land issues. The French administration typically respects decisions made in the customary system.

The copyright laws of France apply to New Caledonia.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

New Zealand

Copyright rules: New Zealand
Shortcut: COM:NEW ZEALAND
Flag of New Zealand
Map of New Zealand
Durations
Standard Life + 50 years
Anonymous Create/publish + 50 years
Audiovisual Create/publish + 50 years
Government Create/publish + 100 years
Applied art Create + 25 years
Other
Terms run to year end Yes
Common licence tags {{PD-New Zealand}}
{{PD-NZ-exempt}}
{{PD-Cook Islands}}
{{PD-Niue}}
ISO 3166-1 alpha-3 NZL
Treaties
Berne convention 24 April 1928
WTO member 1 January 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 New Zealand relevant to uploading works into Wikimedia Commons. Note that any work originating in New Zealand must be in the public domain, or available under a free license, in both New Zealand 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 New Zealand, refer to the relevant laws for clarification.

Governing laws

New Zealand has been a member of the Berne Convention since 24 April 1928 and the World Trade Organization since 1 January 1995, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed various acts including the Copyright Act 1994 (reprint as at 1 March 2017) as the main IP laws enacted by the legislature of New Zealand.[1] WIPO holds the text of the 1994 act in their WIPO Lex database.[2] The New Zealand Legislation holds a copy of the 1994 Act as of 30 December 2018, with a warning that some amendments have not yet been incorporated.[3]

The Copyright Act 1962 of New Zealand may apply on the Cook Islands and Niue, two self-governing states in free association with New Zealand.[4]

General rules

Under the New Zealand Copyright Act of 1994 as of 30 December 2018,

  • Subject to the following provisions of this section, copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.[1994-2018 Sec.22(1)]
  • If the work is computer-generated, copyright expires at the end of the period of 50 years from the end of the calendar year in which the work is made.[1994-2018 Sec.22(2)]
  • If the work is of unknown authorship, copyright expires at the end of the period of 50 years from the end of the calendar year in which it is first made available to the public by an authorised act.[1994-2018 Sec.22(3)]
  • In relation to a work of joint authorship, the reference in subsection (1) to the death of the author shall be construed ... as a reference to the death of the last of the authors whose identity is known.[1994-2018 Sec.22(6)]
  • Copyright in a sound recording or film expires (a) at the end of the period of 50 years from the end of the calendar year in which the work is made; or (b) if it is made available to the public by an authorised act before the end of that period, 50 years from the end of the calendar year in which it is so made available.[1994-2018 Sec.23(1)]
  • Copyright in a communication work expires at the end of the period of 50 years from the end of the calendar year in which the communication work is first communicated to the public.[1994-2018 Sec.24(1)]
  • Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.[1994-2018 Sec.25]

Government works

Under the New Zealand Copyright Act of 1994 as of 30 December 2018,

  • Where a work is made by a person employed or engaged by the Crown ... the Crown is the first owner of any copyright in the work.[1994-2018 Sec.26(1)]
  • Crown copyright shall expire ... at the end of the period of 100 years from the end of the calendar year in which the work is made.[1994-2018 Sec.26(3b)]
  • Some government publications are not subject to copyright, including bills, acts, regulations, court judgments, royal commission and select committee reports, etc.[1994-2018 Sec.27]

Currency

 Not OK New Zealand coins and notes are copyrighted by the Reserve Bank of New Zealand. They note that "the Reserve Bank has no objection to reproducing our notes and coins as complete on-screen or printed images, typically for design, educational or illustrative purposes" but that "for intellectual property reasons we cannot grant permission to reproduce detail parts of these designs, and in particular that: (1) The ‘Pukaki’ image on the 20 cent coin is owned by Ngati Whakaue, used with permission by the Reserve Bank; (2) The image of H.M. The Queen on the obverse of our coins is owned by The Crown." This amounts to a restriction on derivative works, making the designs not appropriate for Commons.

The Reserve Bank of New Zealand provides guidelines on using images of currency.[5]

Freedom of panorama

OK for 3D works {{FoP-New Zealand}}
OK for 2D "works of artistic craftsmanship" {{FoP-New Zealand}}
 Not OK for 2D "graphic works". For image files such works, please file deletion requests and tag the resulting case pages with <noinclude>[[Category:New Zealand FOP cases/pending]]</noinclude>.

Under the Copyright Act 1994 as of December 2018, Section 73,

  • This section applies to the following works: (a) buildings (b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are permanently situated in a public place or in premises open to the public.[1994-2018 Sec.73(1)]
  • Copyright in a work to which this section applies is not infringed by (a) copying the work by making a graphic work representing it; or (b) copying the work by making a photograph or film of it; or (c) communicating to the public a visual image of the work.[1994-2018 Sec.73(21)]
  • Copyright is not infringed by the issue to the public of copies, or the communication to the public, of anything the making of which was, under this section, not an infringement of copyright.[1994-2018 Sec.73(3)]

Copyright legislation in New Zealand also follows that of the United Kingdom. In the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See Commons:Copyright rules by territory/United Kingdom for more details.

Real life New Zealander FOP cases

Murals by Xoë Hall

Stamps

Copyrighted

In New Zealand, the Crown Copyright is defined by Sections 2(1), 26 et 27 of the 1994 Copyright Act. It lasts 100 years, with exceptions. It protects the work created by a person employed or engaged by the Crown, Ministers of the Crown, offices of Parliament and government departments. See Wikipedia:Crown copyright.

According to this law, images of New Zealand stamps are in the public domain :

  • 50 years after issue for stamps issued before 31 December 1944 (Template:PD-NZ-50-years on the Wikipedia in English). Use {{PD-NZ-50-years}}. All stamps from 1944 and before are thus in the Public Domain.
  • 100 years after issue for stamps issued between 1 January 1945 and the 31 March 1987 by the New Zealand Post Office as a Department of the Government. No stamps from 1945 onward will therefore become public domain before 1 January 2045.

Threshold of originality

As stated in the New Zealand government's NZGOAL copyright guide (January 2015),

  • As the Court of Appeal has stated, the “threshold test for originality is not high”, the determining factor being “whether sufficient time, skill, labour, or judgment has been expended in producing the work”. The Court has also reiterated the axiom, or principle, that copyright is not concerned with the originality of ideas but with the form of their expression. A work is not original, however, if (a) it is, or to the extent that it is, a copy of another work; or (b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.[6]

See also

Citations

  1. ↑ a b New Zealand Copyright and Related Rights (Neighboring Rights)[5], WIPO: World Intellectual Property Organization, 2018
  2. ↑ Copyright Act 1994 (reprint as at 1 March 2017)[6], New Zealand, 2017
  3. ↑ Reprint as at 30 December 2018 Copyright Act 1994. New Zealand Legislation. Retrieved on 2019-03-16.
  4. ↑ Copyright Act 1962. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
  5. ↑ Using images of currency. Reserve Bank of New Zealand. Retrieved on 2019-03-16.
  6. ↑ NZGOAL copyright guide. New Zealand Government (January 2015). Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Niue

Niue

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

Copyright rules: Niue
Shortcut: COM:NIUE
Flag of Niue
Map of Niue
Durations
Standard Life + 50 years
Photograph Create + 50 years
Anonymous Publish + 50 years
Audiovisual Create + 50 years
Posthumous Life + 75 years or
Publish + 50 years
Other
Terms run to year end Yes
ISO 3166-1 alpha-3 NIU
Treaties
Berne convention 24 September 2016
WIPO treaty 8 January 2015

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

Background

Niue is an island country in the South Pacific Ocean. Niue was brought within the boundaries of New Zealand on 11 June 1901 by the same Order and Proclamation as the Cook Islands. The New Zealand Parliament restored self-government in Niue with the 1974 constitution. It is now a self-governing state in free association with New Zealand. It is not a member of the United Nations.

Niue has been a member of the Berne Convention since 24 September 2016 and the WIPO Copyright treaty since 8 January 2015.[1][2]

As of 2019 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the laws of Niue as of 2006. None covered copyright, but under the Niue Act 1966, Section 737 Protection of intellectual property, "A copyright, design, patent, or trademark protected by New Zealand law shall be accorded the same protection by the courts of Niue as that available in New Zealand under the laws of New Zealand for the time being in force."[3] The Copyright Act 1962 of New Zealand thus presumably applies on Niue.[4]

General

Under the Copyright Act 1962,

  • Where copyright subsists in any literary, dramatic, musical, or artistic work (other than a photograph),[1962 Sec.8(1)]
    • If in the lifetime of the author the work has been published or performed in public or included in a broadcast, or records of the work have been offered for sale to the public, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire.[1962 Sec.8(1a)]
    • If in the lifetime of the author none of the acts mentioned in paragraph (a) of this subsection has been done, that copyright shall continue to subsist until the end of the period of seventy -five years from the end of the calendar year in which the author died, and shall then expire.[1962 Sec.8(1b)]
    • Provided that, if any of those acts has been done after the death of the author, copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which one of those acts has first been done, or the end of the period of seventy-five years from the end of the calendar year in which the author died, whichever period is the shorter.[1962 Sec.8(1)]
  • Where copyright subsists in any photograph, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the original photograph was taken and shall then expire.[1962 Sec.8(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, occurs in the lifetime of the author and is anonymous or pseudonymous, subsection (1) of section 8 of this Act shall not apply.[1962 Sec.11(1)]
  • Subject to the preceding provisions of this Act, Any copyright subsisting by virtue of this Act in [an anonymous or pseudonymous work] shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was first published, and shall then expire.[1962 Sec.11(2)]
  • Copyright subsisting in a sound recording shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the recording was made, and shall then expire.[1962 Sec.13(3)]
  • Copyright subsisting in a cinematograph film shall continue to subsist until the end of the period of fifty years from the end of the calendar year during which the making of the film was completed, and shall then expire.[1962 Sec.14(3)]
  • The Broadcasting Corporation shall be entitled to any copyright subsisting in a television broadcast or sound broadcast made by it; and any such copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the broadcast is made, and shall then expire.[1962 Sec.15(3)]

Copyright in a literary, dramatic, musical, or artistic work, whether unpublished or published, to which Her Majesty is entitled shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was made, or (in the case of a photograph) was taken, and shall then expire.[1962 Sec.52(3)]

Freedom of panorama

OK For a work of architecture and for a work of sculpture, artistic craftsmanship or mural if permanently located in (or visible from) a public place.

 Not OK for a painting, drawing, engraving or photograph

Under the 1962 Act, Section 20. General exceptions from protection of artistic works:

(4) The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving, or photograph of the work or any part thereof, or the inclusion of the work or any part thereof in a cinematograph film or television broadcast.
(5) The copyright in a sculpture, or in a work of artistic craftsmanship (not being a work of architecture and not being a painting, drawing, engraving, or photograph), or in a mural, is not infringed by the making of a painting, drawing, engraving, or photograph of the work or the inclusion of the work in a cinematograph film or television broadcast if the work is permanently situated in or in view of a public place within the meaning of the Police Offences Act 1927 or in any premises open to the public.
(6) The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph, or cinematograph film, if by virtue of subsection (3), subsection (4) or subsection (5) of this section, the making of that painting, drawing, engraving, photograph, or film did not constitute an infringement of the copyright.

See also

Citations

  1. ↑ Niue. WIPO.
  2. ↑ Berne Notification No. 275. WIPO (24 June 2016). Retrieved on 2020-03-25.
  3. ↑ Niue Laws 2006 Vol 3: Niue Act 1966 1228.
  4. ↑ Copyright Act 1962. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Norfolk Island

Norfolk Island

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

Location of Norfolk Island

Norfolk Island is a small island in the Pacific Ocean. Norfolk Island was uninhabited until 1788 when a small group of Australians settled there. It was subject to New South Wales until 1914 when it was transferred to the Australian government. In 1979 the island was granted limited self-government. Together with the neighbouring Phillip Island and Nepean Island, it forms one of the Commonwealth of Australia's external territories.

Presumably, the copyright laws of Australia apply.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Northern Mariana Islands

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

Location of Northern Mariana Islands

The Northern Mariana Islands is an insular area and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean. It includes the 14 northernmost islands in the Mariana Archipelago. It does not include the southernmost island of the chain, Guam, which is a separate U.S. territory.

Spain made the islands part of the Spanish East Indies in 1565. In 1899 Spain ceded Guam to the United States and sold the Northern Marianas to Germany. During World War I Japan invaded the islands, and in 1919 they became part of Japan's South Pacific Mandate. After World War II the United States took over administration as part of the United Nations Trust Territory of the Pacific Islands. A new government and constitution came into effect in 1978 under when the islands obtained commonwealth status within the United States.

Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[1] This is because section 502(a)(2) of the Northern Marianas Covenant "makes applicable to the Northern Marianas, effective January 9, 1978, such laws of the United States in effect on that date as are 'applicable to Guam and which are of general application to the several States . . .'." Furthermore, "the 1936 Organic Act of the Virgin Islands made the copyright laws applicable to the Virgin Islands (48 U.S.C. 1405q) and the 1954 Organic Act perpetuated that application (48 U.S.C. 1574(c))"[2]

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

  1. ↑ Circular 38a: International Copyright Relations of the United States 14. U.S. Copyright Office. Retrieved on 2019-03-14.
  2. ↑ The application of Federal laws in ... American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, 2, p. 468
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Overseas France

Overseas France

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

Overseas France consists of all the French-administered territories outside the European continent, mostly relics of the French colonial empire. These are:

Type Name Since
Overseas regions and departments Guadeloupe 1946
French Guiana 1946
Martinique 1946
Réunion 1946
Mayotte 2011
Overseas collectivities French Polynesia 2003
Saint Pierre and Miquelon 2003
Wallis and Futuna 2003
Saint-Martin 2007
Saint Barthélemy 2007
Overseas territories French Southern and Antarctic Lands 1956
Special status New Caledonia 1946
Clipperton Island

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Palau

Copyright rules: Palau
Shortcut: COM:PALAU
Flag of Palau
Map of Palau
Durations
Standard Life + 50 years
Anonymous First of create + 100 years,
publish + 75 years
Audiovisual First of create + 100 years,
publish + 75 years
Collective First of create + 100 years,
publish + 75 years
Other
Freedom of panorama No
Terms run to year end No
Common licence tags {{PD-Palau}}
ISO 3166-1 alpha-3 PLW
Treaties
URAA restoration date‌* none
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

The islands of today's Palau were made part of the Spanish East Indies in 1574. In 1899 Spain sold the islands to Germany, which administered them as part of German New Guinea. After World War I the islands became part of Japan's South Pacific Mandate. In 1947 Palau became part of the United States-governed Trust Territory of the Pacific Islands. The islands gained full sovereignty in 1994 under a Compact of Free Association with the United States.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Republic of Palau Copyright Act of 2003 as the main IP law enacted by the legislature of Palau.[1] WIPO holds the text of this law in their WIPO Lex database.[2] In 2018 WIPO did not list Palau as a member of the Berne Convention or the World Trade Organization.[1]

General rules

According to the Republic of Palau Copyright Act of 2003,

  • Copyright in a work created on or after the effective date of this Act exists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 50 years after the author's death.[2003 Sec.16(a)]
  • Copyright in a work created before the effective date of this Act shall begin on the effective date of this Act and, except as provided by the following subsections, endures for a term consisting of the life of the author and 50 years after the author's death.[2003 Sec.16(a)]
  • In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving author and 50 years after such last surviving author's death.[2003 Sec.16(b)]
  • In the case of an anonymous work, a pseudonymous work, or a work made for hire, copyright endures for a term of 75 years from the year of its first publication, or a term of 100 years from the year of its creation, whichever expires first.[2003 Sec.16(c)]
  • In the case of an audiovisual work or collective work, the copyright endures for a term of 75 years from the year of its first publication, or 100 years from the year of its creation, whichever expires first.[2003 Sec.16(d)]

Not protected

According to the Republic of Palau Copyright Act of 2003, in no case does copyright protection for an original work of authorship extend to the following:[2003 Sec.3(b)]

  • any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work;
  • official public legislative, administrative or legal texts, or any official translations thereof, and
  • speeches, lectures, addresses, and other oral works given by a government official in his or her official capacity.

Treaty status

Freedom of panorama

 Not OK the listed exceptions or limitations on copyright from Sections 7 to 13 do not include a provision that allows commercial exploitations of images of architectural or artistic works situated in public places.

Citations

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

Papua New Guinea

Copyright rules: Papua New Guinea
Shortcut: COM:PAPUA NEW GUINEA
Flag of Papua New Guinea
Map of Papua New Guinea
Durations
Standard Life + 50 years
Anonymous Publish + 50 years
Audiovisual Create/publish + 50 years
Collective Create/publish + 50 years
Applied art Create + 25 years
Other
Common licence tags {{PD-Papua New Guinea}}
ISO 3166-1 alpha-3 PNG
Treaties
WTO member 9 June 1996
URAA restoration date‌* 9 June 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 Papua New Guinea relevant to uploading works into Wikimedia Commons. Note that any work originating in Papua New Guinea must be in the public domain, or available under a free license, in both Papua New Guinea and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Papua New Guinea, refer to the relevant laws for clarification.

Background

In the late 19th century the island of New Guinea was divided between the Netherlands in the west, Germany in the northeast and Britain in the southeast. In 1906 Australia took over responsibility for British New Guinea. During World War I the Australians seized German New Guinea. The territories administered by Australia were known as Papua and New Guinea. On 16 September 1975 Papua New Guinea became fully independent.

Papua New Guinea has been a member of the World Trade Organization since 9 June 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Act 2000 as the main IP law enacted by the legislature of Papua New Guinea.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

According to the Copyright and Neighbouring Rights Act 2000,

  • The economic and moral rights in respect of a copyright work shall be protected during the life of the author and for a period of 50 years of the date of his death.[2000 Sec.17(1)]
  • In the case of a collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights shall be protected for a period of 50 years from the date on which the work was made, first made available to the public or first published, whichever occurs last.[2000 Sec.17(3)]
  • In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for a period of 50 years from the date on which the work was made, first made available to the public or first published, whichever occurs last.[2000 Sec.17(4)]
  • In the case of a work of applied art, the economic and moral rights shall be protected for a period of 25 years from the making of the work.[2000 Sec.17(5)]

Not protected

According to the Copyright and Neighbouring Rights Act 2000, there is no protection for

  • any idea, procedure, system, method of operation, concept, principle, discovery or mere date, whether expressed, described, explained, illustrated or embodied in a work;[2000 Sec.5(a)]
  • any official text of a legislative, administrative or legal nature or any official translation thereof.[2000 Sec.5(b)]

Freedom of panorama

 Not OK. According to the Copyright and Neighbouring Rights Act 2000, freedom of panorama only covers uses for personal, educational (teaching), archival, and news reporting purposes.[2000 Sec.8–13]

See also

Citations

  1. ↑ a b Papua New Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Copyright and Neighbouring Rights Act 2000. Papua New Guinea (2018). Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Samoa

Samoa

Copyright rules: Samoa
Shortcut: COM:SAMOA
Flag of Samoa
Map of Samoa
Durations
Standard Life + 75 years
Anonymous Publish + 75 years
Audiovisual Create/publish + 75 years
Collective Create/publish + 75 years
Applied art Create + 25 years
Other
Terms run to year end Yes
Common licence tags {{PD-Samoa}}
ISO 3166-1 alpha-3 WSM
Treaties
Berne convention 21 July 2006
WTO member 10 May 2012
URAA restoration date‌* 21 July 2006
*‌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 Samoa relevant to uploading works into Wikimedia Commons. Note that any work originating in Samoa must be in the public domain, or available under a free license, in both Samoa 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 Samoa, refer to the relevant laws for clarification.

Background

In 1900 the island group of Samoa was divided between Germany and the United States, with German Samoa including the western islands and American Samoa the eastern islands. During World War I, New Zealand seized German Samoa, and continued to administer the islands until 1 January 1962, when Samoa became independent.

Samoa has been a member of the Berne Convention since 21 July 2006 and the World Trade Organization since 10 May 2012, as well as a signatory to various other international treaties.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1998 (as consolidated in 2011) as the main IP law enacted by the legislature of Samoa.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

According to the Copyright Act 1998 (as consolidated in 2011)

  • The economic and moral rights shall be protected during the life of the author and for 75 years after his or her death.[1998–2011 Sec.16(1)]
  • In the case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for 75 years after his or her death.[1998–2011 Sec.16(2)]
  • In the case of a collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights shall be protected for 75 years from the date of which the work was first published or, failing such an event within 75 years from the making of the work, from its making.[1998–2011 Sec.16(3)]
  • In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 75 years from the date on which the work was first published.[1998–2011 Sec.16(4)]
  • In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[1998–2011 Sec.16(5)]
  • Every period provided for under subsections (1) to (5) runs to the end of the calendar year in which it would otherwise expire.[1998–2011 Sec.16(6)]

Not protected

According to the Copyright Act 1998 (as consolidated in 2011), no protection shall extend to,

  • any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1998–2011 Sec.5(a)]
  • any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[1998–2011 Sec.5(b)]

Freedom of panorama

 Not OK. Only incidental copying is allowed. According to the Copyright Act 1998 (as consolidated in 2011),

  • The copyright in a work is not infringed by its incidental inclusion in an artistic work, a sound recording, an audio-visual work or a broadcast or by the publication, playing, performance or other use of the work.[1998–2011 Sec.8c]

Citations

  1. ↑ a b Samoa Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. ↑ Copyright Act 1998 (as consolidated in 2011). Samoa (2011). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Solomon Islands

Solomon Islands

Copyright rules: Solomon Islands
Shortcut: COM:Solomon Islands
Flag of Solomon Islands
Map of Solomon Islands
Durations
Standard Life + 50 years
Photograph Publish + 50 years
Anonymous Publish + 50 years
Posthumous Publish + 50 years
Government Publish + 50 years
Other
Freedom of panorama Yes
Terms run to year end Yes
ISO 3166-1 alpha-3 SLB
Treaties
Berne convention 4 July 2019
WTO member 26 July 1996
URAA restoration date‌* 26 July 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 Solomon Islands relevant to uploading works into Wikimedia Commons. Note that any work originating in Solomon Islands must be in the public domain, or available under a free license, in both Solomon Islands and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Solomon Islands, refer to the Copyright Act for clarification.

Governing laws

The Solomon Islands was made a British protectorate in June 1893. The country became a sovereign state on 7 July 1978 as "Solomon Islands" (without "the").

Solomon Islands became a member of the World Trade Organization on 25 July 1996, and the Berne Convention since 4 July 2019.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1987 (Cap 138) as the main IP law enacted by the legislature of Solomon Islands.[1] WIPO holds the Revised Edition 1996 of this act on their WIPO Lex database.[2] The act repeals and replaces the Copyright Act 1911 of the United Kingdom.[138/1987–1996 Preamble]

Applicability

Under the Copyright Act 1987 (Cap 138) Revised Edition 1996,

  • Copyright subsists in literary, dramatic, musical and artistic works, either unpublished but made by a qualified person, or first published in Solomon Islands, or first published by a qualified person.[138/1987–1996 Art 3 (1)]
  • A "literary work" is any work which is written, spoken or sung and includes any written table, compilation or computer program.[138/1987–1996 Art 2]
  • A "dramatic work" includes a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; a scenario or script for a cinematograph film; but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film.[138/1987–1996 Art 2]
  • An "artistic work" is any painting, sculpture, drawing, engraving or photograph; any building or model for or of any building; or any other work of artistic craftsmanship.[138/1987–1996 Art 2]

Durations

Under the Copyright Act 1987 (Cap 138) Revised Edition 1996,

  • Copyright in general lasts 50 years after the author's death.[138/1987–1996 Art 3(3)]
  • If a literary, dramatic or musical work was not made public (published, performed, offered for sale or broadcast) before the author died, copyright lasts 50 years after it was made public.[138/1987–1996 Art 3(4-5)]
  • If the work is an engraving that was not published before the death of the author, or is a photograph, copyright lasts until 50 years after the work is first published.[138/1987–1996 Art 3(6)]
  • Works produced by collaboration between two or more authors where the individual contributions are not separate are protected until 50 years after the last surviving author died.[138/1987–1996 Art 3(7)]
  • Copyright in anonymous or pseudonymous work other than photographs lasts until 50 years after it was published, unless it is a work of joint authorship where the contributions cannot be separated and the identity of one of the authors is generally known or can be ascertained by reasonable inquiry before the end of this period.[138/1987–1996 Art 4]

In the above, "50 years after [event]" means "until the end of the period of fifty years from the end of the calendar year in which [event] happened".

Work made for hire or commissioned

When a person commissions and pays for a photograph, portrait or engraving, they own the copyright in the work. Where a work is made by an employee of a newspaper, magazine or similar periodical for the purpose of publication in a periodical, the proprietor has copyright for publication of the work in a periodical, but the author retains copyright for any other use. Otherwise, copyright in a work made in the course of an author's employment is owned by the employer.[138/1987–1996 Art 5]

Work made for the government

The Government owns copyright in an original literary, dramatic, musical or artistic work first published in Solomon Islands if first published by or under the direction or control of the Government. For a literary, dramatic or musical work the copyright lasts as long as the work is unpublished, then until 50 years after the work is first published.[138/1987–1996 Art 31] Copyright in an engraving or photograph lasts until 50 years after it is first published, and for other artistic works for 50 years after the work is made.[138/1987–1996 Art 31]

Freedom of panorama

OK for buildings, sculptures, and works of artistic craftsmanship;  Not OK for other types of artistic works (like paintings or photographs). {{FoP-Solomon Islands}}. Under the Copyright Act [Cap 138]:

  • The copyright in– (a) any sculpture; or (b) any work of artistic craftsmanship of the kind described in the definition of "artistic work" in subsection (1) of section 2, which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[138/1987–1996 Section 7]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[138/1987–1996 Section 8]
De minimis inclusion of other types of artistic works only on audio-visual media
  • Without prejudice to the provisions of subsections (7) and (8), the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if that inclusion is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[138/1987–1996 Section 9]
Publication of images resulting from the aforementioned actions
  • The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of subsections (7) or (8) or (9) the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.[138/1987–1996 Section 10]

Citations

  1. ↑ a b Solomon Islands : Copyright and Related Rights (Neighboring Rights). WIPO Lex (2019). Retrieved on 2018-10-26.
  2. ↑ Copyright Act. Solomon Islands (1996). Retrieved on 2018-10-26.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Tonga

Tonga

Copyright rules: Tonga
Shortcut: COM:TONGA
Flag of Tonga
Map of Tonga
Durations
Standard Life + 50 years
Anonymous Create/publish + 50 years
Collective Create/publish + 50 years
Government Public domain
Applied art Create + 25 years
Other
Terms run to year end yes
Common licence tags {{PD-Tonga}}
ISO 3166-1 alpha-3 TON
Treaties
Berne convention 14 June 2001
WTO member 27 July 2007
URAA restoration date‌* 14 June 2001
*‌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 Tonga relevant to uploading works into Wikimedia Commons. Note that any work originating in Tonga must be in the public domain, or available under a free license, in both Tonga and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from the Tonga, refer to the relevant laws for clarification.

Background

Tonga has remained independent throughout and after the colonial era. From 1900 to 1970 Tonga had British protected state status, with the United Kingdom looking after its foreign affairs under a Treaty of Friendship. Tonga became signatory to the Berne convention effective 14 June 2001 and the World Trade Organization effective 27 July 2007.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 12 of 2002) as the main IP law enacted by the legislature of the Tonga.[1] WIPO holds a copy of the act in its WIPO-LEX database.[2] The 2002 Act repealed the The Copyright Regulations (Cap. 92 of the 1961 Revised Edition) and the Copyright Act, 1911 of the United Kingdom, (applied by Order in Council dated 24th June, 1912).[2002 Sec.39]

Application

Copyright protection applies to literary and artistic works, which are original intellectual creations including books, pamphlets, articles, computer programs and other writings; speeches, lectures, addresses, sermons and other oral works; dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; musical works, with or without accompanying words; audiovisual works; works of architecture; works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; photographic works; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.[2002 Sec.3]

Copyright protection also applies to derivative works, which are translations, adaptations, arrangements, and other transformations or modifications of works; and collections of works, collections of mere data (databases), whether in machine readable or other form, and collections of expressions of folklore, provided that such collections are original by reason of the selection or arrangement of their contents. This protection is without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilised for the making of such a work.[2002 Sec.4]

The Copyright Act applies to works of authors who are nationals or residents of Tonga; works first published in Tonga and works first published in another country and also published in Tonga within thirty days; works of architecture erected in Tonga and other artistic works incorporated in a building or other structure located in Tonga. The Act also applies to works eligible for protection in Tonga by virtue of and in accordance with any international convention or other international agreement to which Tonga is a party.[2002 Sec.31] The act replaced the Copyright Act (Cap. 121), and applied to all works that were still protected at the time it came into force.[2002 Sec.35]

General rules

Every period provided for in this section runs to the end of the calendar year in which it would otherwise expire.[2002 Sec.18]

  • For an individual work, economic and moral rights are protected during the life of the author and for 50 years after their death.[2002 Sec.18]
  • A "work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the work does not qualify as a "collective work".[2002 Sec.2] The economic and moral rights are protected during the life of the last surviving author and for fifty years after their death.[2002 Sec.18]
  • A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural person or legal entity, with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing natural persons will not be indicated.[2002 Sec.2] For a collective work other than a work of applied art, and for an audiovisual work, the economic and moral rights are protected for fifty years from the date on which the work was either made, first made available to the public, or first published, whichever date is the latest.[2002 Sec.18]
  • For a work published anonymously or under a pseudonym, the economic and moral rights are protected for fifty years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest, unless the author’s identity is revealed or is no longer in doubt before the expiration of this period, in which case it will be protected as an individual or joint work.[2002 Sec.18]
  • A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]

Not protected

Copyright protection does not apply to any official text of a legislative, administrative or legal nature, or any official translation thereof.[2002 Sec.5]

Freedom of panorama

 Not OK for private, personal use of reproductions only. The Copyright Act (Act No. 12 of 2002) does not provide a freedom of panorama provision for images of architecture and public art.

  • Notwithstanding the provisions of section 6(1)(a), and subject to the provisions of subsection (2), the private reproduction of a published work in a single copy shall be permitted without the authorisation of the author or owner of copyright, where the reproduction is made by a person exclusively for his own personal purposes.[2002 Sec.8(1)]

For works of architecture, this permission does not extend to the reproduction "of a work of architecture in the form of building or other construction."[2002 Sec.8(2)] There is no specific provision in the copyright law allowing the free uses of images of such works.

Stamps

The copyright situation is unclear. The Post Office Act (1933, 1977) does not mention copyright.[3]The Copyright Acts 2002 states that,

  • For a collective work other than a work of applied art ... the economic and moral rights are protected for fifty years from the date on which the work was either made, first made available to the public, or first published, whichever date is the latest.[2002 Sec.18]
  • A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]

Thus, any stamp published more than 50 years ago should be in the public domain.

See also

Citations

  1. ↑ a b Tonga : Copyright and Related Rights (Neighboring Rights). WIPO Lex (2018). Retrieved on 2018-10-26.
  2. ↑ Copyright Act (Act No. 12 of 2002). Tonga (2002). Retrieved on 2018-10-26.
  3. ↑ Tonga Consolidated Legislation: Post Office Act Acts 12 of 1933 and 29 of 1977. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Tuvalu

Tuvalu

Copyright rules: Tuvalu
Shortcut: COM:TUVALU
Flag of Tuvalu
Map of Tuvalu
Durations
Standard Life + 50 years
Photograph Publish + 50 years
Anonymous Publish + 50 years
Audiovisual Publish + 50 years
Posthumous Publish + 50 years
Government Publish + 50 years
Other
Common licence tags {{PD-Tuvalu}}
ISO 3166-1 alpha-3 TUV
Treaties
Berne convention 2 June 2017
URAA restoration date‌* 2 June 2017
*‌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 Tuvalu relevant to uploading works into Wikimedia Commons. Note that any work originating in Tuvalu must be in the public domain, or available under a free license, in both Tuvalu 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 Tuvalu, refer to the relevant laws for clarification.

Background

The island of Funafuti was named Ellice's Island in 1819. The Ellice Islands were declared a British Protectorate in 1892. They were later part of the British Western Pacific Territories, then part of the Gilbert and Ellice Islands colony from 1916 to 1976. On 1 January 1976 the separate British colonies of Kiribati (Gilbert Islands) and Tuvalu (Ellis Islands) came into existence. Tuvalu became fully independent on 1 October 1978.

Tuvalu has been a member of the Berne Convention since 2 June 2017.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Chapter 40.24, Revised Edition 2008) as the main IP law enacted by the legislature of Tuvalu.[1] WIPO holds the text of this law in their {wp-WIPO Lex|WIPO Lex}} database.[2] This act describes penalties for infringement of the Copyright Act 1956 of the United Kingdom.[2] The full text of the Copyright Act, 1956 (United Kingdom) is available in Wikisource.[3]

General rules

Under the Copyright Act 1956 of England,

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

Government works

Under the Copyright Act 1956 of England,

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

Freedom of panorama

OK, similar to U.K. freedom of panorama rules: Tuvaluan freedom of panorama covers works of architecture, and works of sculptures and artistic craftsmanship found "permanently situated in a public place, or in premises open to the public," as per Sections 9(3) and 9(4) of the Copyright Act 1956 of England.  Not OK for two-dimensional graphic works.

Citations

  1. ↑ a b Tuvalu Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ a b Copyright Act (Chapter 40.24, Revised Edition 2008). Tuvalu (2008). Retrieved on 2018-11-04.
  3. ↑ Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:United States Minor Outlying Islands

United States Minor Outlying Islands

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

Locations most of the United States Minor Outlying Islands

The United States Minor Outlying Islands consist of eight United States insular areas in the Pacific Ocean (Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Island) and one in the Caribbean Sea (Navassa Island). None of the islands have any permanent residents: the only human population consists of temporarily stationed scientific and military personnel.

Works from the United States Minor Outlying Islands are subject to United States federal government copyright laws.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Vanuatu

Copyright rules: Vanuatu
Shortcut: COM:VANUATU
Flag of Vanuatu
Map of Vanuatu
Durations
Standard Life + 50 years
Anonymous Create/publish + 50 years
Collective Create/publish + 50 years
Applied art Create + 25 years
Other
Common licence tags {{PD-Vanuatu}}
ISO 3166-1 alpha-3 VUT
Treaties
Berne convention 27 December 2012
WTO member 24 August 2012
URAA restoration date‌* 24 August 2012
WIPO treaty 6 August 2020
*‌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 Vanuatu relevant to uploading works into Wikimedia Commons. Note that any work originating in Vanuatu must be in the public domain, or available under a free license, in both Vanuatu 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 Vanuatu, refer to the relevant laws for clarification.

Background

In the 1880s France and the United Kingdom claimed parts of the archipelago that is now Vanuatu. They agreed in 1906 to jointly manage the archipelago as the New Hebrides through an Anglo–French condominium. Vanuatu became independent on 30 July 1980.

Vanuatu has been a member of the Berne Convention since 27 December 2012, the World Trade Organization since 24 August 2012 and the WIPO Copyright treaty since 6 August 2020, as well as a signatory to various other international treaties.[1]

As of 2024, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act No. 42 of 2000 (Consolidated Edition 2018) as the main IP law enacted by the legislature of Vanuatu.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The 2018 consolidated version includes both the original act from 2000, which came into force on 8 February 2011, and the amendment act known as Copyright and Related Rights (Amendment) Act No. 17 of 2017, which only modifies Section 35 of the law pertaining to criminal sanctions. A further amendment, the Copyright and Related Rights (Amendment) Act No. 10 of 2021, became effective on 24 November 2021, upon its publication on the Official Gazette of the Republic of Vanuatu. Its text is available online.[3]

General rules

Under the Copyright and Related Rights Act No. 42 of 2000,

  • A work of joint authorship is protected during the life of the last surviving author and for 50 years after his or her death.[2000 Sec.19(1.1)]
  • A collective work (other than an work of applied art) and an audiovisual work is protected for 50 years on and after the date on which the work: was made; or first made available to the public; first published; whichever date is the latest.[2000 Sec.19(1.2)]
  • A work published anonymously or under a pseudonym is protected for 50 years on and after the date on which the work: (a) was made; or (b) first made available to the public; (c) first published; whichever date is the latest.[2000 Sec.19(1.3)]
  • A work of applied art is protected for 25 years on and after the making of the work.[2000 Sec.19(1.4)]
  • Any other work is protected during the lifetime of the author and for 50 years after his or her death.[2000 Sec.19(1.5)]

Freedom of panorama

 Not OK "Part 3 - Acts Not Constituting Infringment of Copyright" (sections 10 to 18) does not include a provision that allows commercial uses of images of architectural or artistic works situated in public places.

See also: Category:Vanuatuan FOP cases.

Citations

  1. ↑ a b Vanuatu Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Copyright and Related Rights Act No. 42 of 2000 (Consolidated Edition 2018). Vanuatu (2018). Retrieved on 2024-05-08.
  3. ↑ Official Gazette No. 66 of 2021 dated 24 November. Republic of Vanuatu (2021). Retrieved on 2024-05-08.
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Text transcluded from
COM:Wallis and Futuna

Wallis and Futuna

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

Location of Wallis and Futuna

Wallis and Futuna is a French overseas collectivity in the South Pacific.

Justice is generally administered under French law by a tribunal of the first instance in Mata-Utu, but the three traditional kingdoms administer justice according to customary law (only for non-criminal cases). The copyright laws of France apply.

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

Citations

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

Footnotes

Currency
Africa‌Americas‌Asia‌Europe‌Oceania‌Others
V • T • E Copyright rules by territory
UN geographical subregions
UN geographical subregions
Africa
Americas
Asia
Europe
Oceania
Others
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