Commons:Copyright rules by territory/Consolidated list P

Copyright rules by territory

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

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

Text transcluded from
COM:Pakistan

Pakistan

Copyright rules: Pakistan Shortcut: COM:PAKISTAN
Durations
Standard	Life + 50 years
Photograph	Create + 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
Common licence tags	{{PD-Pakistan}}
ISO 3166-1 alpha-3	PAK
Treaties
Berne convention	5 July 1948
Univ. Copyright Convention	15 September 1955
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 Pakistan relevant to uploading works into Wikimedia Commons. Note that any work originating in Pakistan must be in the public domain, or available under a free license, in both Pakistan 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 Pakistan, refer to the relevant laws for clarification.

Background

The region that is now Pakistan came under British control in the 19th century. The modern state of Pakistan was established on 14 August 1947 with the partitioning of British India. East Pakistan separated from Pakistan as Bangladesh in 1971.

Pakistan has been a member of the Berne Convention since 5 July 1948, the Universal Copyright Convention since 15 September 1955 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the The Copyright Ordinance, 1962 (Act No. XXXIV) (as amended 29 September, 2000) as the main copyright law enacted by the legislature of Pakistan. WIPO holds the text of this law in their WIPO Lex database.

General rules

According to the Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000,

• Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until 50 years from the beginning of the calendar year next following the year in which the author dies. In this section, the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.^{[XXXIV/2000 Section 18]}
• With a posthumously published literary, dramatic or musical work or an engraving, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is first published.^{[XXXIV/2000 Section 19(1)]}
• With a cinematographic work, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is published.^{[XXXIV/2000 Section 20(1)]}
• With a record, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the record is published.^{[XXXIV/2000 Section 20(2)]}
• With a photograph, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the photograph is first published.^{[XXXIV/2000 Section 20(3)]}
• With a literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright subsists until 50 years from the beginning of the calendar year next following the year in which the work is first published.^{[XXXIV/2000 Section 21(1)]} (or for 50 years from the year of creation for photographs from before independence in 1947, as per the Copyright Act 1911).
• Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.^{[XXXIV/2000 Section 22(1)]}

Copyright tags

• {{PD-Pakistan}} – for public domain works first published in Pakistan. According to Pakistani copyright laws, all photographs enter the public domain fifty years after they were published, and all non-photographic works enter the public domain fifty years after the death of the creator.

Currency

 Not OK Although certain governments works are exempt from copyright, currency is not one of the exceptions. Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000 says,

• Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.^{[XXXIV/2000 Section 22(1)]}
• The following acts shall not constitute an infringement of copyright, namely: ... the reproduction or publication of any matter which has been published in any official Gazette, or the report of any committee, commission, council, board or other like body appointed by the Government unless the reproduction or publication of such matter or report is prohibited by the Government.^{[XXXIV/2000 Section 57(q)(i)]} Currency does not fall into this definition.
• See also: Commons:Deletion requests/File:Pakistan commemorative banknote.png.

Freedom of panorama

OK {{FoP-Pakistan}}

According to the Copyright Ordinance, 1962 as amended by Copyright (Amendment) Ordinance, 2000, "The following acts shall not constitute an infringement of copyright ... the making or publishing of a painting, drawing, engraving or photograph of a sculpture or other artistic work if such work is permanently situated in a public place or any premises to which the public has access.^{[XXXIV/2000 Section 57(s)]}

Stamps

 Not OK. Use {{PD-Pakistan-stamp}} for stamps whose copyright has expired

Copyright ownership of stamps is maintained by the Government of Pakistan, as stamps in Pakistan are issued by Pakistan Post, which works under the Government of Pakistan. According to Pakistan's Copyright Ordinance, 1962, stamps can be classified as artistic:

• "artistic" work' means: ... a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possess artistic quality.^{[XXXIV/2000 Section 2(c.i)]}
• "Government work" means a work which is made or published by or under the direction or control of ... the Government or any department of the Government.^{[XXXIV/2000 Section 2(m)]}
• in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.^{[XXXIV/2000 Section 139(d)]}
• Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until 50 years from the beginning of the calendar year next following the year in which the work is first published.^{[XXXIV/2000 Section 22(1)]}

See also

• پاکستان / Pakistan
• Category:Stamps of Pakistan
• Category:Pakistani FOP cases

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
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. WIPO holds the text of this law in their WIPO Lex database. In 2018 WIPO did not list Palau as a member of the Berne Convention or the World Trade Organization.

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.

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

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:Panama

Panama

Copyright rules: Panama Shortcut: COM:PANAMA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Other
Freedom of panorama	Yes, in regard to buildings, for the outer façade only
Terms run to year end	Yes
Common licence tags	{{PD-Panama}}
ISO 3166-1 alpha-3	PAN
Treaties
Berne convention	8 June 1996
WTO member	6 September 1997
URAA restoration date‌*	8 June 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Panama was colonized by Spain in the 16th century. It broke away from Spain in 1821 and joined the Republic of Gran Colombia, then in 1831 the Republic of Colombia. Panama seceded from Colombia in 1903.

Panama has been a member of the Berne Convention since 8 June 1996, the World Trade Organization since 6 September 1997 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. 64 of October 10, 2012, on Copyright and Neighboring Rights as the main IP law enacted by the legislature of Panama. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the former Law No. 15 of August 8, 1994 on Copyright and Neighboring Rights and Enacting Other Provisions, a work first published in Panama was in the public domain if it met one of the following criteria:

• It was an anonymous work or pseudonymous work and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
• It was a collective or audiovisual work, and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
• It was another kind of work, and 50 years had passed since the year of death of the author (or last-surviving author)

Under the Law No. 64 of October 10, 2012,

• Economic rights last for the author's life and 70 years after his death.^{[64/2012 Article 59]}
• With a collaborative work, the term is counted from the death of the last surviving co-author.^{[64/2012 Article 59]}
• With anonymous and pseudonymous works, the term is 70 years from the year of its publication.^{[64/2012 Article 60]}
• With collective works, computer programs and audiovisual works, economic rights expire 70 years after first publication, or if that does not happen after completion.^{[64/2012 Article 61]}
• The terms defined above are calculated from the first of January of the year following the death of the author or, as appropriate, the disclosure, publication or completion of the work.^{[64/2012 Article 63]}
• Patrimonial rights over works, artistic performances, phonographic productions or broadcasts already protected by Law 15 of 8 August 1994, shall enjoy the longer terms of protection established by this Law.^{[64/2012 Article 193]}

The economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.^{[64/2012 Article 194]}

Not protected

Under Law No. 64 of 2012 no copyright protection is given to the ideas contained in literary or artistic works, procedures, methods of operation or mathematical concepts, systems or ideas or technical content of scientific works, nor their industrial or commercial use; official texts of administrative, legislative or judicial nature or the official translations of them, without prejudice to the obligation to respect the texts and cite the source, as well as the author's name if it appears in the source; news of the day, or events that have the character of simple press information; simple facts or data; expressions of folklore, without prejudice to the rights recognized on their adaptations, translations, arrangements or other transformations that have originality in the form of expression, nor of the guardianship that is recognized to such expressions by special laws.^{[Article 13]}

Copyright tags

{{PD-Panama}} - Works in the public domain

Freedom of panorama

OK; in regard to buildings, for the outer façade only. {{FoP-Panama}}

Under the Law No. 64 of October 10, 2012, reproduction, broadcasting or public transmission by cable of the image of an architectural work, of a work of the fine arts, of a photographic work or of a work of applied arts that is located permanently in a place open to the public is allowed. With buildings, this is limited to the exterior façade.^{[64/2012 Article 69(3)]}

Stamps

Under the Law No. 64 of October 10, 2012, stamps are not excluded from protection (e.g. as official texts).^{[64/2012 Article 13]} Copyright lasts for 70 years after death of the author or coauthor, or 70 years from publication if the work is anonymous or pseudonymous ^{[64/2012 Article 59–60]}. However, the economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.^{[64/2012 Article 194]} In effect, works by authors who died after 1943 are still protected. For older stamps, if applicable, use {{PD-Panama}}.

See also

• Panamá
• Category:Stamps of Panama

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:Papua New Guinea

Papua New Guinea

Copyright rules: Papua New Guinea Shortcut: COM: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.

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. WIPO holds the text of this law in their WIPO Lex database.

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

• Category:Papua New Guinean FOP cases

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:Paraguay

Paraguay

Copyright rules: Paraguay Shortcut: COM:PARAGUAY
Durations
Standard	Life + 70 years
Photograph	Simple: Create + 50 years Work: Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Paraguay}}
ISO 3166-1 alpha-3	PRY
Treaties
Berne convention	2 January 1992
Univ. Copyright Convention	11 March 1962
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

The settlement of Asunción was founded on 15 August 1537, and eventually became the center of the Spanish colony of Paraguay. Paraguay overthrew the Spanish administration on 14 May 1811.

Paraguay has been a member of the Universal Copyright Convention since 11 March 1962, the Berne Convention since 2 January 1992, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 1328/98 on Copyright and Related Rights as the main copyright law enacted by the legislature of Paraguay. SICE, part of the Organization of American States, holds the Spanish text of this law. WIPO holds an English translation of this law in their WIPO Lex database.

The 1998 law was retroactive: "Works and other productions that have passed into the public domain on expiry of the term provided for in the legislation repealed by this Law shall return to the private domain until such time as the term provided for in this Law expires, without prejudice to rights acquired by third parties prior to the entry into force thereof".^{[1328/1998 Article 181]}

General rules

Under Law No. 1328/98 on Copyright and Related Rights,

• Economic rights shall subsist throughout the life of the author and for 70 years thereafter.^{[1328/1998 Article 47]}
• In the case of works of joint authorship, the term of protection shall be counted as from the death of the last surviving co-author.^{[1328/1998 Article 47]}
• In the case of anonymous and pseudonymous works, the term shall be 70 years following the year of disclosure.^{[1328/1998 Article 48]}
• In the case of collective works, computer programs and audiovisual and broadcast works, economic rights shall lapse after 70 years following first publication or, failing that, completion. That limitation shall not affect the economic rights of each of the co-authors of audiovisual and broadcast works in their personal contributions.^{[1328/1998 Article 49]}
• The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the death of the author, or where appropriate that of the disclosure, publication or completion of the work.^{[1328/1998 Article 50]}

Paraguay makes a distinction between photographic works and simple photographs. Any photograph that is not a "work" is copyrighted until 50 years after its creation.^{[1328/1998 Article 135]} Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.16 of the 1998 law: A "work" is any original intellectual creation in the literary or artistic field.^{[1328/1998 Article 135]}

The term for the neighbouring rights on performances, phonograms, and broadcasts is 50 years since the first performance, publication of the recording, or first broadcast.

Not protected

"The following shall not qualify for copyright protection: 1. the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts per se, or the ideological or technical content of scientific works, or their industrial or commercial exploitation; 2. official texts of legislative, administrative or judicial character, or translations thereof, without prejudice to the obligation to respect the text and mention the source; 3. news of the day; 4. mere facts or data.^{[1328/1998 Article 8]}

Public domain: non-free

See also: Commons:Paying public domain

Expiry of the periods provided for in this Law shall bring about the lapse of the economic rights and determine the work’s passage into the public domain.^{[1328/1998 Article 55]} The use of works in the public domain shall always be subject to respect for the authorship and the integrity of the creation, and their exploitation shall give rise to the payment of remuneration according to tariffs set by the National Directorate of Copyright, which remuneration may not exceed the scales set for works in the private domain. The said remuneration shall be intended exclusively for a fund for the promotion and dissemination of the various manifestations of culture, which shall be created by special legislation.^{[1328/1998 Article 55]}

Currency

 Probably Not OK. Paraguayan currencies are presumed to be copyrighted.

See also: Category:Paraguayan currency-related deletion requests

Freedom of panorama

OK {{FoP-Paraguay}} The following is permitted without authorization by the author or payment of remuneration in relation to works already disclosed:

• Reproduction of a work of art on permanent display in streets, squares or other public places, or on the outer walls of buildings, where the artistic medium used is different from that used for the making of the original, provided that the name of the author and the title of the work, if known, and the place in which it is located are mentioned.^{[1328/1998 Article 39.4]}
• Where the work is used as a sign, emblem or distinctive mark of a political party or non-profit-making civil association or entity.^{[1328/1998 Article 39.7]}

"Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author".^{[1328/1998 Article 39]}

Stamps

: Stamps are not mentioned in Law No. 1328/98 on Copyright and Related Rights, and are not included in the categories that are not protected.^{[1328/1998 Article 8]}

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:Peru

Peru

Copyright rules: Peru Shortcut: COM:PERU
Durations
Standard	Life + 70 years
Photograph	Create + 70 years (disclosure since 1976)
Anonymous	Disclosure + 70 years (disclosure since 1981)
Audiovisual	Create/Publish + 70 years (publish since 1971)
Collective	Create/Publish + 70 years (publish since 1971)
Government	Pre-1971 works, official or TUPA documents: Public domain Works from Datos Abiertos platform: Free licenses Other works: Copyrighted
Applied art	Industrial and ornamental designs without originality are PD
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-PE-exempt}} {{FoP-Peru}} {{TOO-Peru}} {{PD-Peru-1961law}} {{PD-Peru-photo}} {{PD-Peru-organization}} {{PD-Peru-anonymous}}
ISO 3166-1 alpha-3	PER
Treaties
Berne convention	20 August 1988
Univ. Copyright Convention	16 October 1963
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

The Spanish conquered the region in the 16th century. Peru secured independence in 1824. The first copyright law was launched on 1849 was signed under Ramón Castilla government. On October 31 1961, Manuel Prado administration updated the second copyright law which was effective until 1996.

Peru has been a member of the Universal Copyright Convention since 16 October 1963, the Berne Convention since 20 August 1988, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002. In 2006, Peru established relations with the United States years after the expiration of the original agreement with the Andean Community (Resolución Legislativa Nº 28766). In 16th Chapter of this agreement provides subsisting copyright with minimum protection period of 70 years after the death of the author as natural person or 70 years after the publication of the work as organization (or at least 70 years after its creation if it remained unpublished for 50 years).

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Law (Legislative Decree No. 822) of 1996 as the main copyright law enacted by the legislature of Peru. WIPO holds the text of this law in their WIPO Lex database. It has been amended by, among others,

• Law No. 30276 on Amendments to the Copyright Law (Legislative Decree No. 822)
• Legislative Decree No. 1076 of June 27, 2008, on the Law Amending Legislative Decree No. 822
• Law No. 28571 on Amendments to Articles 188 and 189 of the Copyright Law (Legislative Decree No. 822 of April 23, 1996)

These do not appear to affect the definitions of protected works or the durations of protection.

Durations

For practical purposes, all unpublished or currently created works are subject to the 1996 law. However, the law excludes works that have not been renewed due to old publication or the author's death. Original Peruvian copyright law in 1849 was signed under Ramón Castilla government and protected the author's rights during their lifetime and 20 years after their death. Years later, a second copyright law signed under the Manuel Prado administration extended the copyright to 50 years after the author's death. The repealed law applied to works of those who have Peruvian nationality or, in the case of non-Peruvian nationals, those who reside in the country.^{[24518/1986 Art. 6]} Posthumous works were protected for a period of at least 30 years from publication.^{[13714/1961 Art. 28]} In 1986 Alan Garcia's government announced that the rights of exploitation of literary or intellectual works were extended to the lives of the author's children, spouse and parents through law 24518 (lacking retroactivity for deceased prior to the date according to article 189 of the 1979 constitution).^{[24518/1986 Art. 1]}

Durations from 1961 law for non-renewed works

Based on the old law starting on 1 November 1962, works that expired before 1996 are non-renewed (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration). For old works protection the use of notices or regulations with the copyright office is not necessary, except in some works. ^{[13714/1961 Art. 9]} Also, in 1994 Peru adopted Decision 351 of the Andean Community, forces that the databases are not excluded as literary works.^{[Decision 351 Art. 58 and DS No 03-94-ITINC]} Unpublished works of an author who died after 1946 or any unpublished draft since 1996 are not subject to the 1961 law. Retrieved from law of October 1961 regulated in 1962 by Supreme Decree No. 061-62-ED for creation of National Copyright Register (Registro Nacional de Derecho de Autor, RNDA, restructured in 1992 as National Institute of Jurisdiction and Protection of Intellectual Property or Indecopi):

• Personal or collaborative works: 50 years after of death of last surviving author prior to January 1, 1946.^{[13714/1961 Art. 25]} Posthumous works published before 1966 were protected for a period of at least 30 years.^{[13714/1961 Art. 28]} Moral rights are inalienable and prevail in spouses, children and heirs.^{[13714/1961 Art. 17, 33 and 34]}
• Government and public entities works: 25 years from first publication before 1971.^{[13714/1961 Art. 24]} For a collective work, the named publisher is considered the copyright owner.^{[13714/1961 Art. 8c and 11]}
• Anonymous works: 15 years from first publication before 1981 (if the author is never disclosed).^{[13714/1961 Art. 12 and 30]}

Some works apply rule of the shorter term.^{[13714/1961 Art. 21]} There are special terms of protection for certain creations:

• Photographs: 20 years from first publication without single dependence in a literary or scientific material before 1976,^{[13714/1961 Art. 27]} whether the author is alive or no. Non-accumulative exclusive rights of circulation for press editorials is for 5 years.^{[13714/196 Art. 44]} If the photographer's name is unknown and no organization is credited, it is considered anonymous work.
• Cinematographic works: 25 years after publication before 1971.^{[13714/1961 Art. 26]} To be protected, the work must contain the name of the natural or legal person, the artistic direction, the authors of the dialogues, the music, the performers and the date of the first public screening.^{[13714/1961 Art. 25]} The producer retains the rights to the work and the term excludes the screenplay, as literary creation, and soundtrack for uses outside the work.^{[13714/1961 Art. 45 and 48]}
• Phonographic neighboring rights: 50 years after of death of the last surviving author prior to January 1, 1946. To be protected, the work must contain the name of the work, the author, the performers, the association, the date, the location of the recording and the company name.^{[13714/1961 Art. 54]}
• Slogans and phrases: "During the time it subsidizes the publication as artwork" with or without music, except that they are common expressions.^{[13714/1961 Art. 31 and 61]} In 1996 law, this type is not protected except if it possess literary or artistic originality qualities,^{[822/1996 Art. 5(j)]} and so they are applied as "trademarks".
• The publication right lasts for 5 years from first publication of unpublished public domain works before 1996.^{[13714/1961 Art. 16]}

Durations from 1996 law

Based on the 1996 law,

• The standard copyright term based on authors' deaths is life + 70 years.^{[822/1996 Art.52]} The first standard works under this law expired in 2017.
• Collective works, computer programs and audiovisual works are protected for 70 years from publication or 70 years from creation if unpublished.^{[822/1996 Art.54]} The first collective works published under this law will expire in 2041, unless part of the work is attributed to person(s).
• Anonymous works are protected for 70 years after publication (if the author is never disclosed).^{[822/1996 Art.53]} The first anonymous works under this law will expire in 2051.

The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the author’s death, or where appropriate that of the disclosure, publication or completion of the work.^{[822/1996 Art.56]}

• Performers' neighboring rights also last until 70 years after the death of the author.^{[822/1996 Art.135]}
• For phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission.^{[822/1996 Art.139.142]}
• Any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time).^{[822/1996 Art.143]}
• Simple photographs are protected for 70 years from realization (creation).^{[822/1996 Art.144]} Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.
• The publication right lasts for 10 years from first publication of unpublished public domain works.^{[822/1996 Art.145]}

About public domain

Resolution N° 097-1999/TPI-INDECOPI indicates that even if a work is in the public domain, the moral rights of a work prevail. This file mentions a case in which Indecopi fined an advertising company for using excerpts from Van Gogh self-portrait. This painting was mutilated without attribution for a commercial for a mass circulation newspaper.

About extinction of domain of criminal works

Legally since 2007, the Peruvian State can apply extinction of domain of assets obtained by criminal organizations as a result of terrorism.^{[DL 1373, previously DL 25475 and DL 992, see Art 102 of Peruvian Penal Code as 2021)]} Under civil law, a patrimonial right of the owner constitutes an "furniture" (asset).^{[Article 886 clause 6 of Peruvian Civil Code as 2018; see also Article 819.5 of Peruvian Civil Code of 1936]} The Ministry of Justice states that those furniture considered as "criminal patrimonials" are not subject to the right of ownership, and the application of the extinguishment of assets of questionable origin has a lower threshold in accordance with Sentencia Plenaria Casatoria 1-2017/CIJ-433 which cites Article 10 of this legislative decree as "criminal activity that produces money, goods, effects or profits" and "do not [require] that the illicit activities that produced the money, goods, effects or proceeds are under investigation, prosecuted or have been the subject of a conviction". This is relevant for the Shining Path, since this terrorist organization becoming similar as a legal entity is prohibited from obtaining patrimonial assets, including work for hire, and meets the requirements of article 30 (and consequently article 9a) of DL 822 because this assets cannot be exploited commercially within national legal system, as well as outside the country due to its legal effect.

About applied works

The copyright protection is independent and compatible with industrial works protection that may exist for useful articles.^{[822/1996 Art.4a]} In general, the "originality" threshold of recent designs (adding handicrafts, gastronomy and clothing) is low for industrial protection and high for copyright (see COM:TOO Peru). Resolution N° 063-2001/TPI-INDECOPI indicates that fashion design in industrially useful objects are "applied works" and would receive double protection except the if its trend of applied art is already accessible to the public and lacks novelty to be protected as industrial property. In this case, copyright corresponds exclusively to the signs as original artistic or literary work in text, images, logotypes, 3D forms and colors but not to useful articles per se.^{[823/1996 Art. 128 and 136]}

For those that do not constitute an artistic work, they are industrially protected ("propiedad industrial"). If the work is ornamental, the non-copyright protection will be for 10 years post-registration (if never published before the registration);^{[823/1996 Art. 109]} if the work is patented as industrial, 20 years post-registration. Because the industrial objects are often similar to others, they don't usually receive fashion design protection because their are below the distinctive umbral: "[the sign] is not endowed with the necessary attributes to be the means by which to identify and differentiate the products it is intended to distinguish from others offered for mass-market". See Resolution N° 16543-2010/DSD-INDECOPI. Otherwise, if any sign is above the artistic originality threshold, the principle of "which best privilege for their author" in copyrighted artistic works prevails.

Terms

Individual works

Date of author's death	Date of publication	Copyright tag
before 1 November 1931 date QS:P,+1931-11-01T00:00:00Z/7,P1326,+1931-11-01T00:00:00Z/11	Anytime	{{PD-Peru-1961law}}  {{PD-old-auto-unpublished|deathyear=death year}}
from 1 November 1931 until 31 December 1939	before 2 January 1928	{{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}} or, for 19th-century works without a definite date:  {{PD-old-assumed}}
	from 2 January 1928 until 31 December 1939	{{PD-Peru-1961law}}  {{PD-old-auto-expired|deathyear=death year}}
	from 1 January 1940 until 31 December 1965	The work was in domain public in Peru on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 30 years from its publication before December 31, 1965.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.  {{PD-Peru-1961law}}  {{PD-US-not renewed}}
	after 1 January 1966	{{PD-old-auto-1996|country=Peru|deathyear=death year}}  {{PD-old-auto-unpublished|deathyear=death year}}
from 1 January 1940 until 31 December 1945	before 1 January 1946 after 1 January 1966	{{PD-Peru-1961law}}  {{PD-old-auto-1996|country=Peru|deathyear=death year}}
	from 1 January 1946 until 31 December 1965	The work was in domain public in Peru on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 30 years from its publication before 1966.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.  {{PD-Peru-1961law}}  {{PD-US-not renewed}}
from 1 January 1946 until 31 December 1953	before 31 December 1928 date QS:P,+1928-12-31T00:00:00Z/7,P1326,+1928-12-31T00:00:00Z/11	{{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}}
	after 1 January 1929	The work expired because its author died more than 70 years ago. Unpublished works are kept for a maximum of 70 years after his/her death. But, some type of work maybe still be copyright in USA on the date of URAA restoration (January 1, 1996).[822/1996 Art. 23 and 52]  {{PD-old-auto|country=Peru|deathyear=death year}}  {{Not-PD-US-URAA|country=PE}}
Others		The work is still protected under 1996 law.

Anonymous or Pseudonymous works

If the author of the work is unveiled during its copyright term (nonexistent in 1849 law, 15 years in 1961 law, extended to 70 years in 1996), it is protected as an individual work. e.g. Rafael de la Fuente Benavides (died in 1985) and his pen name "Martin Adán" are well-known among people, so his works will be protected in Peru until 2055. Applies to any media, including photography.

Date of publication	Copyright tag
before 1 January 1929	{{PD-Peru-anonymous}}  {{PD-anon-expired}} or for 19th-century works:  {{PD-old-assumed}}
from 1 January 1929 until 31 December 1980	{{PD-Peru-anonymous}}  {{PD-old-auto-1996}}
from 1 January 1981	The work is still protected under 1996 law.

Government and legal entities works

In general, only applies to works prior to 1971 from employee(s) of "personas jurídicas" (legal persons), like Government (Gobierno), municipalities (municipalidades) and organizations. Works must be attributed only from official legal entities, unless they are produced by the archives of the National Library or transfered to public institutions and juridical entities.^{[13714/1961 Art. 15]} The deadline is counted from the time of full broadcasting to the public or in any means of communication.^{[13714/1961 Art. 38 and 39]} If the work is claim by natural person ("persona natural") via external participation and was not transferred to legal person, the shortest rule will not apply.

Date of publication	Copyright tag
before 1 January 1929	{{PD-Peru-organization}}  {{PD-US-expired}}
from 1 January 1929 until 31 December 1970	{{PD-Peru-organization}}  {{PD-1996}}
from 1 January 1971	The work is still protected according 1996 law (under "collective work" or "anonymous work" term, with works by the Peruvian Government exceptions).

Non-individual photographs

Applicable only to old and simple photographs that were exhibited or performed in any medium:

• The owner of the negative film cannot be distinguished from other photographs from third parties to be considered as individual or personal firm: for 1961 is if the photo is created only on their literary or scientific works, for 1996 law extends to any photograph that expresses their individuality excluding everyday situations or things. This justifies some photographs with less protection than those that are integral and dependent on the mentioned individuality works.
• The photo does not have a copyrighted subject (for example, drawings or paintings) with the exception of outdoor exposure (freedom of panorama). Nor should it be an unpublished work of others persons up to 70 years post-mortem.^{[13714/196 Art. 40]}
• It is not an frame of a documentary work (except for photojournalism, mentioned only in the 1961 law).

Date of disclosure	Date of creation	Copyright tag
before 1 January 1929	until 31 December 1975 date QS:P,+1975-12-31T00:00:00Z/7,P582,+1975-12-31T00:00:00Z/11	{{PD-Peru-photo}}  {{PD-US-expired}}
from 1 January 1929 until 31 December 1975		In case the photo was not published in the United States or was not renewed in the United States (for example, it does not have the © icon):  {{PD-Peru-photo}}  {{PD-1996}}
from 1 January 1976	before 31 December 1953 date QS:P,+1953-12-31T00:00:00Z/7,P1326,+1953-12-31T00:00:00Z/11	The photograph expired in Peru because the photographs without artistic purpose was created 70 years ago. However, the image could be protected in the United States.  {{PD-Peru-photo}}  {{Not-PD-US-URAA|country=PE}}
	from 1 January 1954	Judged under 1996 Copyright law (except of anonymous photograph under 1961 law).

Not protected

Previously, under the 1961 law, works passed into the public domain for: (a) folk songs by unknown authors (use {{PD-Peru-anonymous}} for anonymous text and media works published before 1981); (b) works that expired on the current term; (c) works by authors without heirs; (d) works by authors who have waived their copyright; (63) works by authors who died five years ago and real utilities were expropriated by the Ministry of Public Education without opposition from their heirs and editorials (use {{PD-Peru-organization}} for orphaned works of an author who died before 1988 and who was never claimed); (64) legal texts, decrees and publications of public authorities of State as Executive, Executive and Judicial Branches (use {{PD-Peru-organization}} for text and documents published before 1996); (65) informative news content.^{[13714/1961 Art. 62-65]} (1) Ideological or technical content or that scientific work without industrial use.^{[13714/1961 Art. 1]}

Under actual 1996 law, the following are not eligible for copyright protection: (a) the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts in themselves, systems or the ideological or technical content of scientific works, or the industrial or commercial exploitation thereof; (b) official texts of legislative, administrative or judicial character, or official translations thereof, without prejudice to the obligation to respect the texts and mention the source (see Works by the Peruvian Government); (c) news of the day, provided that, in the case of word-for-word reproduction, the source from which it has been taken shall be mentioned; (d) simple facts or data.^{[822/1996 Art.9]} Use {{PD-PE-exempt}}.

Works by the Peruvian Government

Theoretically, all government work of an official nature is usually open access due to their divulgation, requiring respect for their integrity and source attribution. Firstly, article 7b of DL 822 establishes that "official texts" are not protected. Regardless of their originality, specialists Antequera and Ferreyros say that administrative acts on behalf of the State are not protected by copyright as well as other "official works", including judicial texts, resolutions, discussions and others (Bienes de dominio público, the content is not limited to text only). To reduce ambiguities Resolution No. 0730-2006-TPI-INDECOPI the court established in SUNAT v. Instituto de Investigación El Pacífico E.I.R.L for "official texts":

“

For works to be considered an official texts: They must be issued by an administrative or judicial authority or with legislative powers. They contain mandatory mandates or that without being mandatory may affect third parties. They are of general interest to know the content of the texts (regardless of their originality).

”

Exception of this works is from other creations carried out without State powers (Bienes de dominio privado estatal) or third-party collaboration like notes of law firms for private use or unofficial translations which are usually "public" without being "official". Regarding documents without a normative concept, in Resolution No. 056-2004/ODA-INDECOPI (also cited Resolution No. 0927-2004/TPI-INDECOPI) the Intellectual Property Court justified works not exempted from copyright:

“

[The] fact that a given work [of internal nature] was prepared by the employees of a public entity in the performance of their duties or by third parties commissioned by a State entity does not give this the status of an "official text", since the State, like any other natural or legal person, may in turn hold the ownership derived from copyright of a patrimonial right or exercise copyright of a moral right on behalf of the authors. [If the work] does not have the status of a rule, regulation or administrative or judicial decision, in compliance with being published or disclosed to be mandatory or to be in effect to the collective [and] this has been shared by the holder of the rights by any means such as the Internet, since the publication of a protected work whose ownership corresponds to the State or to any public body does not acquire the character of an official text by the mere fact of its availability in any means.

”

State property and public domain

In the context of the Lima principles, the Sistema Nacional de Bienes Estatales (SNBE) establishes which tangible and non-tangible assets from State are in the public or private domain. This applies to freedom of panorama (regardless of their status, they are imprescriptible, i.e. they cannot be appropriated by others) and implicitly to copyright (the 1996 copyright law does not mention which works are not subject to patrimonial rights, so this principle is taken). Points 10 to 12 of Casación 1673-2015 exemplify the differences between the two terms.

• Bienes de dominio público: "A public property is that state property destined for use or that serves as a support for the provision of any public service". Also Casación 1673-2015 justifies that "special form of property, intended for the use of all, for a service to the community or to the national interest, in other words, intended for the satisfaction of public interests and purposes". This first point is taken by confusion with "cultural heritage" and non-ownership of elements.
• Bienes de dominio privado estatal: "A private property is a state property that is owned by the State or by any entity, is not destined to be used or used for any public service. And in respect of which its owners exercise the right of ownership with all its attributes". The State could exercise copyrights for the case. For example, the works of TV Perú are owned by the Instituto Nacional de Radio y Televisión del Perú or El Peruano by Editora Perú.

Reuse from administrative and open data platforms

Beyond of DL 822, in practice, since 2003 the diffusion of official works follow Articles 1 and 4 of the Lima Principles in 2000, in which "everyone has the right to freedom to search, obtain, access and share [official nature] information without interference by public authorities" and "all [official nature] information held by the State does not belong to their owner but is in fact the property of the citizens". Under "principio de publicidad" term of 1993 Constitution, citizens and the mass media have the right to publicize official activities set in text and multimedia without authorization from the authorities; for other documents not yet disclosed, they can request to extract information ("sin expresión de causa") but should not interfere with the laws of the country like documents of "internal nature". The Peruvian Ombudsman's Office (one of the institutions that signed these principles and authorized the media to freely broadcast official information) considers for this type of document as public interest and dissemination and has no royalties for download or copy (see also DS No 072-2003-PCM Art. 13 for free reproduction).

The standard for documents of administrative nature is Texto Único de Procesos Administrativos (TUPA), under Right to Information law (No. 27806) and related. This covers to "the set of acts and formalities carried out by the entities, leading to the issuance of an administrative act that produces individual or individualizable legal effects on the interests, obligations or rights of the parties involved",^{[27444/2001 Art. 1.1]} are official texts^{[27444/2001 Art. 42]} and "principio de publicidad" apply.^{[27806/2002 Art.3]} In DS No 004-2008-PCM, chapter III explicitly states that the formal documents published in the Peruvian State Portal have "official" nature and are within the TUPA standard. The Ministry of Justice has detailed regulations on the uses of administrative documents.

Data outside public documents: In complementation with TUPA, platform of open data is explicitly stated in Right to Information Law for same entities with the TUPA standard (see No. 27444).^{[27806/2002 Art. 2]} Specific government acts (as press releases, official activities, budgets, government procedures and TUPA documents,^{[27806/2002 Art. 5]} whose works are contained in written documents, photographs, recordings, magnetic or digital media)^{[27806/2002 Art. 10]} is usually shared on now the open data portal. Per example, after signing with the Open Government Partnership works from Executive Branch are published in Portal de Datos Abiertos offered by PCM (quoted on R.M. No 195-2012-PCM, now interoperated with Portal Nacional de Datos Abiertos and available via web). While the "official texts" are in the public domain, contents in other formats are under D.S. No 016-2017-PCM, quoting to its definition, "an open data is the information produced by public entities, in its basic form is accessible to anyone from Internet, without restrictions of any kind [...], without cost to obtain it, without limitations for reuse and redistribute by third parties and allows the creation of its derivatives", "open data from public entities is considered to be of an official nature" (Art. 5) and Art. 9 of this decree establishes as open data if they are stored in databases from:

• Portal del Estado Peruano (gob.pe, see Commons:Proposal for standardize a free license for Peruvian government press),
• Portal de Transparencia,
• Portal de Servicios al Ciudadano y Empresa (PSCE, colloquially known as "Trámites"),
• Portal de la Infraestructura de Datos Especiales del Perú (IDEP),
• And other databases managed by the National Office of Government Electronic and Informatic (ONGEI). For example, in Resolución de acaldía No. 186-2014-MML data stored as documents in open data records.

These are some cases in that they consider as official document or open data and their concept usually varies:

• The first reference about administrative documents was indicated in years prior to the Lima Principles.^{[757/1991 Art. 22]} In 1992 a expired law explains that an administrative act consists of resolutions between two public entities, oficios (informative reports), governmental property proceedings and the right of petition with public purpose from public entities (therefore, this law excludes internal events).^{[26111/1992 Art. 2(1), updated in 27806/2003 Cap. I]} For recent documents is required to add the source of the entity, since this entity publishes its updated TUPA page for know what documents are considered administrative.^{[27444/2001 Art. 43]}
• In opinion 59-2019-JUS/DGTAIPD any public process contained in State institutional mailings are considered official texts.
• In 2016, the living records from political candidates (hojas de vida) submitted by JNE are published as "open data" and allow "free and open reproduction".
• In 2017, the TUPA forms are considered free reproduction and distribution.^{[Nº 006-2017-JUS Art.163]} This application is mentioned in a municipal resolution for affidavits.
• In opinion 27-2020-JUS/DGTAIPD any public information generated in database from public authorities is open data, even if it was unpulished to the Plataforma de Datos Abiertos unless modified by a third party or containing sensitive information.
• Other original works in TUPA-standard documents would are not in the public domain accourding to the opinion 06-2020-JUS/DGTAIPD, the Ministry of Justice determined for example that the questions contained in the non-free psychological tests used by another State entity may be disseminated if the Administrative decides for copyright reasons. This exception is also referred to as "trade secret".^{[27806/2002 Art. 15]}

Copyright tags

• {{PD-old-70}} - For works by authors who died more than 70 years ago if them were died since 1946.
• {{PD-anon-expired}} - For anonymous works made public more than 95 years ago if this one was renewed on the URAA date.
• {{PD-PE-exempt}} - For works exempt from copyright under Peruvian law. Including documents under the TUPA standard.
  • {{PD-PE-signs}} - For reproductions from Manual de Dispositivos de Control de Tránsito Automotor en Calles y Carreteras of road signals, a official document also exempt from copyright under Peruvian law.
  • {{PD-PE-insignia}} - For reproductions from official texts of official insignias (flags, coat of arms and logos), exempt from copyright under Peruvian law.
• {{PD-PCP-SL}} - For works carried out by the Communist Party of Peru-Shining Path. Since it does not have rights to exploit its works outside the territorial legal framework as VRAEM and under an organization that is exempt from obtaining ownership of its works in Peruvian territory, according to the Law of Extinction of Property, the constitution and Art. 30 of DL 822: Indecopi is not legally permitted to protect their "copyright patrimonial rights" them under these criteria. It should be noted that the extinguishment of ownership applies to all "furniture", which in Article 886, paragraph 6 of the Civil Code (as 2018) includes as "furniture" "copyright patrimonial rights".
• {{TOO-Peru}} - For non-original works like simple designs and logotypes.

Peruvian Government

Some Peruvian government or administrative entities works are published under free licenses:

• According to this guide, except as otherwise indicated, works from Portal Nacional de Datos Abiertos (National Open Data Platform) or another interoperable open data platform are subject to templates: {{ODbL}} or {{PD-because|Per COM:Peru, the file from peruvian administrative acts on their Open Data platform is free of rights.}}.
• Photographic works from Flickr account of the municipality of Miraflores are under CC-BY 2.5 PE. Tagged as {{CC-PE-MunicipalidadMirafloresFlickr}}.

Old works under 1961 law

For old works whose protection lasted until 1 January 1996 under Manuel Prado Copyright law of 1961 are PD in U.S. and Peru (before the repeal of the law in 23 May 1996 and URAA date):

• {{PD-Peru-1961law}} - For peruvian authors died prior to 1946 (or that the rights were not inherited for those who died before 31 December 1965).
• {{PD-Peru-organization}} - For peruvian government and juridical organizations works released prior to 31 December 1970.
• {{PD-Peru-photo}} - For all non-individual photographs disclosed in Peru prior to 31 December 1975 (or created more than 70 years ago in 1996 law).
• {{PD-Peru-anonymous}} for anonymous works prior to 31 December 1980 and no register the name of the author in Registro Nacional de Derecho de Autor 15 years following publication.

Threshold of originality

Indecopi established parameters to qualify the originality of graphic and photographic compositions. Because of the higher originality threshold (independent of its endeavour, novelty, inspiration and technique, the requirement is to leave some space for the development of its author's personality, not a copy or imitation, referred as "originalidad subjetiva"), simple designs, non-production videographic creations and old photographs without demonstrating their individuality can be uploaded to Commons. See also Andean Community: Threshold of originality.

Simple photographs

Old published photographs have a copyright term of 20 years counted from the first of January of the year following that of the disclosing of the photograph before 1976. The notes shown are based on the rescinded 1961 law:

• For old pictures taken prior to 31 December 1975 and which were not published within an author's own work  fail to meet the general definition of a "work" under 1961 law (and Article 3.4 of Universal Copyright Convention: "The provisions […] not apply to photographic works […] shall not be less than ten years"). The duration of the photograph was for 20 years after performed its first copy, without the author presenting this in a literary, scientific or documentary work, from January 1 of the following year.^{[13714/1961 Art. 27]} They were not renewed during the URAA date.^{[13714/1961 Art. 27 and 57]} Use {{PD-Peru-photo}}.
• The duration is reduced if the following occurs: when the author did not place the name of the label with the message "Reproduction prohibited" or that the author published in a work without a full name or under an unknown pseudonym.^{[13714/1961 Art. 58]} The duration of anonymous works prior to 31 December 1980 was 15 years after publication and expired on 1 January 1996. They were not renewed during the URAA date. Use {{PD-Peru-anonymous}}.
• If they were used in literary or scientific works, they were documentary works or are reproductions of artistic material "of private domain", and the author died before 1946 (of before 1966 if someone had no family heirs), the law considers the photographs as the author's work (life + 30/50 years). In the case of collective works, the date is considered to be the last survivor. If they died after 1947, they are protected by the current law. Use {{PD-Peru-1961law}}.

Recent published photographs below threshold have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Fortunately, this term usually flexible in the cases and facts shown below:

• The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".^{[822/1996 Art.2(17)]} Simple photographs taken or disclosed since 1976 are those which  fail to meet the general definition of a "work" and only receive neighbouring rights,^{[822/1996 Art.144]} but works above this threshold will receive standard protection (life + 70 years, see below).
• The Court of Indecopi believes that originality in a photograph should be limited to the originality of any work, requirements to protect against plagiarism. According to article 3.c of the Regulation of Inscriptions in the Registry National Copyright Act, provides that "no may be subject to registration the photographs that are limited to simple reproductions of people, of things, or of objects already existing or showing a mere documentary character [...] photography to be a work can not constitute only a simple reproduction of already existing objects".
• Derecho PUCP journal explains examples of highly distinguishable events that surpass the threshold of originality: creative use of lights, unique moment, transmission of a message in their work and the photographer's personality. Below these and other criteria, simple photographs are legislated under Legislative Decree 1044 on unfair competition.

Examples for photographs under 1961 law:

• 
  Photography within an advertisement not considered "literary work". Image protection expired in 1988. It also can't be protected in the 1996 law. See UR.
• 
  Photography taken in 1973 for a sports magazine. Because this is a journalistic assignment for an organization, the photograph remained protected for 20 years until its expiration in 1993. It also can't be protected in the 1996 law. See DR.

Examples for photographs under 1996 law:

• In 2002 the Court considered two images of household appliances as below of threshold of originality due to the lack of creative evidence, despite they are in a catalog with individuality. See Resolution No 354-2002/TPI-INDECOPI.
• Also, in 2002 the Court ruled that a magazine photograph of Skándalo boy band in ordinary dress and solid-colored background receives related rights-only because it lacks individuality. See Resolution No 378-2002/TPI-INDECOPI, Alomi Producciones S.A.C. v Karinto S.A p.13.
• In 2007 the Court justified a photograph of gift box for a web catalog as original work because of its shade selection and during the editing process it carried meticulous details, specifically the colored shade artificially created. See Resolution No 1263-2007/TPI-INDECOPI, Enrique Capella v Grupo Americano de Comercio S.A.C. and Citybank del Perú S.A p.4.
• In 2008 the court determined that press snapshots of sporting, political or weather events lack originality for lack of prior preparation in their production. See Resolution No 2521-2008/TPI-Indecopi, Agencia Efe S.A. v Las Rosas Editorial S.A.C.
• In 2012 the Court concluded that non-artistic techniques of photographs are not protectable (for example, scanning). See Resolution No 059-2012/TPI-Indecopi and Indecopi (2015), p.75.
• In 2013 Indecopi deduced that a promotional photograph of a model wearing clothes of a textile company does bear originality due to the framing, focus and composition to highlight her outfit. See Resolution No 0384-2013/CDA-INDECOPI, Peruvian Connection Ltd. v SENATI p. 9 and 10.
• In 2021 the criteria for originality of photographs were simplified to three points: transmittable, framed and lighting that shows their personality. Between pages 77 and 82 of this resolution the court evident that press photographs from Hildebrandt en sus trece magazine do carry originality because they focus on the gestures of the photographed and the depth of the camera. See Resolution No 0096-2021/TPI-INDECOPI, Plutón Editores S.A.C. v DP Comunicaciones S.A.C..

Videographic process

There is threshold of originality for audiovisual creations but their protection is similar for both works and recordings (publish/create + 70 years). While cinematographic works ("obra audiovisual") are protected in their entirety, the related rights can only be granted to the producer of non-artistic filming ("grabación audiovisual"),^{[822/1996 Art. 140]} which also include performance and broadcasting.^{[822/1996 Art. 143]} Resolution 000111-1999-ODA-INDECOPI establishes differences between the two terms, in particular, and in a similar way to simple photographs, the fixation of the succession of images. But, Resolution 371-2001/TPI-INDECOPI establishes that the main requirement to receive related rights from the producer of non-artistic filming consists of: "present in their creation process a certain degree of creativity, technical or organizational skill sufficient to justify the recognition of a similar right in their favor" (p.e. Pay-per-View events).

Theoretically, a security camera captures in a public place could  lack of their producer (as a public asset is mainly assumed to Peruvian State) to be in the public domain. Security camera footage from Sistema Nacional de Seguridad Ciudadana is provided anonymously to the Peruvian National Police or Public Prosecutor's Office like state cameras in public areas, there is no knowed evidence from the original producer of the material.^{[N° 007-2020-IN Art. 18]} Opinión Consultiva 60-2019-JUS/DGTAIPD indicates that footage records are disclosure if these are for public interest and share in open data process (see also Works by the Peruvian Government ),^{[N° 007-2020-IN Art.22]} the places filmed correspond to "places of public domain",^{[N° 007-2020-IN Art. 7]} human monitoring exists but does not interfere with the surveillance camera's technical or creative ability for recording.^{[N° 007-2020-IN Art. 2]} Also it isn't artistic work since its custody cannot be altered from the original,^{[N° 007-2020-IN Art. 19]} as a result, the footage is below the threshold of originality and don't comply with related rights of article 143 of the 1996 law. Moral rights prevail of the person involved in this media. For these footage in official works, use {{PD-PE-exempt}}.

Logos, designs and other works

Simple or ordinary logos and designs are OK to upload to Commons, because they are below the threshold of originality required for copyright protection. In words of Indecopi and Ministry of Justice and quoting Resolutions No. 1349-2001/TPI-INDECOPI (first paragraph) and 0286-1998/TPI-INDECOPI (second paragraph):

“	According to Article 3 of Decision 351 [of the Andean Decision], in accordance with Article 2 of Legislative Decree No. 822, a work is understood to be any original intellectual creation of an artistic, scientific or literary nature, susceptible of being disclosed or reproduced in any form.[...] Whatever already part of the cultural heritage -artistic, scientific or literary- will not be considered [original creation], nor will [original] the form of expression that derives from the nature of things or from mechanical-only application of the provisions of certain legal norms, nor will [original] the form of expression that is reduced to a simple technique or simple instructions that only require manual skill for this execution.	”
—Indecopi, La originalidad como requisito de protección por derechos de autor ("requisito de la originalidad"), Precedentes y normativa del Indecopi en Propiedad Intelectual (2015)

In 18th paragraph in Casación Número: 1686-2011 explains the use of originality with architectural works satisfying utilitarian functions:

“

The originality of the architectural work [...] must be sought essentially in the creative features that are most distinguishable from the purposes of the model, its nature, its geographic and landscape context, and the functional requirements of the costumer, as well as the technical and urban planning standards applicable to the case; and respond rather, in a particular way or as totality, to the individuality or artistic personality of the author. [An] architectural model [...] must be subjected to analysis for the purpose of identifying whether they respond only to elements of functionality or natural characteristics of the species to which they belong or, on the contrary, contain features that correspond to the whim or personality that the author has wanted to attribute to them, beyond their functionality or technical rigor, resulting in giving individuality to the work, in relation to the rest of the constructions of its species.

”

• 
  Telefónica v Deutsche Telekom (Resolución N° 1127-1998/TPI-INDECOPI): "It's not possible to grant a monopoly on this letter in favour of a single holder".
• 
  Agrotrade S.R.LTDA. v Infutecsa E.I.R.L. (Resolución Nº 0286-1998/TPI-INDECOPI): "When it is certain that a creation lacks individuality and has been copied verbatim, it does not make it a work".
• 
  Resolución Nº 1370-2011/TPI-INDECOPI: "Although it is not a common typeface and may eventually show some differences with respect to the classic graph, this is not sufficient to consider that the work is protected by copyright".
• 
  Resolución Nº 0366-2011-TPI-INDECOPI: "The title of the poster consists of a sentence without creativity and directly informs and announces the content of the event".
• 
  Corporación Oro Verde S.A.C. v Industrias Alimenticias Cusco S.A. (Resolución Nº 008-2008/CDA-INDECOPI): "The borders with Inca motifs and the typeface used to represent the word "CUSCO" do not meet the requirement of originality sufficient to be considered an artistic work".
• 
  Carga Máxima v Del Barrio and Compañía Peruana de Radiodifusión (Resolución Nº 0209-2019/CDA-INDECOPI): the court determined that the "squeaky font style" from Chicha posters for this logo is not original due to its common usage.
• 
  Resolución N° 0546-2005/TPI-INDECOPI: In the "drawing", they bear the texts and the crown of the Statue of Liberty, which lack individuality.
• 
  Resolución N° 0698-2014/TPI-INDECOPI: "The fact that [...] the exclamation mark is written in an irregular form and that each letter or sign has a different color, [does not] determine that such characteristics endow the design applied for registration with the features of originality required by the norm to provide it with protection as a work".
• 
  Resolución Nº 1194-2017/TPI-INDECOPI: "The Court notes that there are no original elements, since they are figures that do not present any particularity, which have been reproduced in the usual manner, without any element having been included".
• 
  Resolución Nº 1192-2017/TPI-INDECOPI (see Resolución Nº 1194-2017/TPI-INDECOPI).
• 
  Resolución N° 4301-2015/TPI-INDECOPI: "These are ornamental elements that lack originality, since the same or similar ones are being used by different people and companies to identify".
• 
  Empresas Luc-Chetti S.A. v Molinoitalia S.A. y Pragma DePublicidad S.A. (Resolución Nº 074-2000/TPI-INDECOPI): "[...] although musical works comprise melody, harmony and rhythm; exclusive rights to the melody can only be acquired".
• 
  Resolución Nº 211-94-DA-INDECOPI: "la protección [...] no abarca la ordenación alfabética de usuarios que contiene [la guía telefónica]"
• 
  Far from fiction, Duff is an element that individually lacks the protection of a work of art. Subsequently, Fox managed to obtain identification characteristics to be registered as beer trademark (Resolución Nº 1508-2009/TPI-INDECOPI).
• 
  Resolución N° 2418-2009/TPI-INDECOPI: While the angle of the handle to the horizontal line or the depth of the concave part of the teaspoon [is slightly different] from the standard shape [...] the object is not an original work, due to the common form of others teaspoons.
• 
  Resolución N° 0184-2008/TPI-INDECOPI: The miniature representation of Machu Picchu in plastic material cannot be granted as an original work, because its registration would prohibit people create other miniature versions of the citadel.
• 
  Resolución Nº 1645-2007/TPI-INDECOPI: "The elaboration of a [portable stage] (similar to this image) may have meant an intellectual effort on the part of its creator, but it does not have enough characteristics to be considered a work of [3D] art, since it consists of a simple arrangement of removable panels in the form of a screen".
• 
  Resolución Nº 0148-2008/TPI-INDECOPI: "However, the Court considers that allowing protection to a design composed exclusively of figures or designs in the public domain, such as the Inca chakana, would mean for no other person to be able to use such designs belonging to the common cultural heritage".
• 
  Resolución Nº 0083-2011/DDA-INDECOPI does not consider protection to use of Tumi with common text.
• 
  A newsline that is not subject to copyright protection but the image, also not considered a work of authorship, is subject to related protection for 70 years post-creation.
• 
  Resolución N° 0082-2023/TPI-INDECOPI: "The additional elements that appear on the images (e.g. rectangles containing phrases or expressions) also do not present particular features that denote a minimum of originality, so they cannot be protected by copyright"

Note: Some creations are above the threshold of originality and  are not valid for upload to Commons:

• Logo of Tres Olivas: a leaf with three olives with tonalities, use of brightness and sensation of movement. See Resolution No 1774-2012/TPI-INDECOPI, Olivos del Sur S.A.C. vs Antonio Moncayo Cortés.
• Emblema La Primera. See Resolution No 2361-2016/TPI-INDECOPI.
• A fictional character in Superman: Krisis of the Krimson Kryptonite. See Resolution No 1164-2014/TPI-INDECOPI.
• A logo with a people with torch to the letter E, above the letter T. Triunfo Empresarial. See Resolution No 0319-2018/TPI-INDECOPI.

Miscellaneous

Currency

Before 1971

Anverse of sol coin (1892 in this picture, during the mandate of President Miguel de San Román) is PD in Peru.

OK The old peruvian sol is out of circulation, most of designs were created before 1971. The reverse side with the coat of arms was created in 1825.^{[D. L. 11323/1950]} Use {{Peruvian currency}}.

Between 1971 and 1991

 Unclear There is not enough information regarding the copyright status of this. If the design was published anonymously before 1981, use {{Peruvian currency}}.

After 1991

 Not OK Peruvian currency sol is not exempted from copyright.^{[822/1996 Art.9]} In fact, the BCRP considers it to be a work of art but not a government "official work". Therefore, its design and art of the bill is subject to copyright in Peru and prohibits any free reproduction. Law 26714, Article 256, prohibits reproducing bills and coins and distributing them for advertising or similar purposes in such a way as to create confusion or cause the reproductions to be used by third parties as if they were genuine currency.

Please note that not all coins are copyrighted, because they contain previous designs and patterns released to be in the public domain or are below the originality threshold. See discussion.

Cheque

OK in some cases Cheques are also not exempt from copyright law. However, pre-1971 designs are public domain and recent cheques often lack originality by bearing simple data, signatures or common identification codes. So templates must be taken: {{PD-Peru-organization}} or {{PD-simple}}.

De minimis

There is subtle mention of "de minimis" in determinate cases:

• Media for private use, non-profit educative events or extracts of musical works in official events.^{[822/1996 Art.41(a, b and c)]} In other words, the sentence is equivalent to Fair use and is unacceptable to upload in Commons.
• Broadcasting of well-known quotations and current events in any media. "The exception provided [...] shall be interpreted restrictively, and may not be applied to cases that are contrary to proper practice".^{[822/1996 Art. 44-45, 50 and Decision 351 Art. 22]}
• Don't be an object of intelligent plagiarism ("plagio inteligente", also referred in Article 217c of the Penal Code, 2007):
  • Parodies: Allowed within the legal basis.^{[822/1996 Art. 49]} Resolution No. 0864-2007/TPI-INDECOPI (also No. 4372-2013/TPI-INDECOPI) pointed out that the work is a infringement if the design adopts similarities or derivations from another without the parody intention (ordinary or substantial plagiarism). Best example is the 2008 TV series Magnolia Merino, which complies with the concept of parody when deals with a subject of public interest from other artistic point of view with excerpts based on the scenario, impersonation and musicalization of Magaly TeVe (see Resolution No. 3251–2010/SC1-INDECOPI).
  • Incidental: In APSAV v. Arkinka S.A. (Anuario Andino 19 August 2004, based on Resolution No. 243-2001/ODA-INDECOPI) the limitation of the use of third parties works has been applied when "the appearance within the work should be incidental". Freedom of panorama is also mentioned and justified in both Decision 351 and DL 822 with the term "public places" such as "public museums".

Freedom of panorama

OK {{FoP-Peru}} Based on the 1996 law,

• The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.^{[822/1996 Art.43(e)]}
• In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit their work shall be equivalent to unlawful use.^{[822/1996 Art.43 (endnote)]} Outside the copyright law, is illegal use to take economic advantage for others or not to attribute the author of the work.^{[29263/2003 Art.1(218)]}

Notes:

• Resolutions No 0372-2006-TPI-INDECOPI and 0760-2010-TPI-INDECOPI (El Comercio v APSAV) specifies the situations in which the work may be legitimately reproduced for acts of exhibition. A "public place" (like MVCS: "bien de dominio público", with exceptions for "dominio privado estatal", see Works by the Peruvian Government)^{[29151/1991, updated in D.S. 008-2021-VIVIENDA Art. 3.3.2]} is an internal or external location that is permanently available to the public including museums. The freedom of panorama applies even to artistic works: the "permanent" status is not lost to works that have been relocated from one public place to another public place or that are in the process of temporary closure for maintenance. The places declared as cultural heritage, even if they were abandoned or never discovered, are property of the Peruvian State and match the definitions previously mentioned.^{[28296/2008 Title I, Art. 2, 5 and 11]}
• Previously, the 1961 law allowed the freedom of panorama for artistic and architectural works, regardless of their legal validity, in public places. There is no mention if the work must be "permanently accessible".^{[13714/1961 Art. 72 and 74]} During the government of Alberto Fujimori, the concept of "public spaces" expands in heavy attended interiors from public institutions, free areas in private institutions and mass transport.^{[25357/1991 Art.2]} In the case of museums, the audiovisual reproduction in newspapers, television channels and movies of works acquired inside the place is also allowed. But, should be noted that these reproductions are "copies of a work" with name of its author, for the copyrighted work itself cannot be used for trade.^{[13714/1961 Art. 73]}
• Copyright protection of architectural works expire 70 p.m.a of their original designer. However, for clarification, if the architectural work was inaugurated before 1960 and never attributed by any author, this lacks coverage by recent copyright laws to protect it because limitations from 1849 law that buildings are not designate as works of art.^{[13714/1961 Art. 7(ll) and 153]} The freedom of panorama is applied in Art. 37 and 38 of the Intellectual Property Code of the Peruvian Association of Architects with condition that "the works are open to the public", even indoors unless strictly reserved by their author.

Stamps

Stamps created prior to 1971

Some stamps were created by Casa de Correos y Telégrafos, today Ministry of Transport and Communications-owned Servicios Postales del Perú (Serpost). In Law No. 13714 of 1961, works by the government had a duration of 25 years and its copyright expired before 1996.

For stamps created by the Government and published before 1971 use {{PD-Peru-organization}}, for other works use {{PD-old-auto}} where applicable.

Stamps created since 1971

The basic law on copyright in Peru is contained in Legislative Decree No. 822 of April 23, 1996.

There is no special mention of stamps in this law as "official work".^{[822/1996 Art.9]} Copyright lasts for 70 years from death, calculated from the 1 January following the year of death, or for 70 years from the year of disclosure for anonymous and pseudonymous works.^{[822/1996 Art.52–53]}

Signatures

OK for a typical signature. Because calligraphies consist of trivial mechanical processes that do not involve artistic and literary efforts, they do not pass the threshold of originality due to the lack of reasonable creative and individual transmission during their process ("mera naturaleza de las cosas"). On Resolution No. 0286-1998/TPI-INDECOPI explains the differences between a creative work and a trivial work, therefore not all creations are authentic and not are subject for their protection. Also, Resolution No. 0148-2008/TPI-INDECOPI sets to the drawings of common use cannot pass the attributes of individuality, making the signatures look the same as the concept of uncopyrighted drawings.

Commissioned works

Law No. 13714 established the State or organizations as the owner of the works created under commission or employment contract. DL 822 completely loses the transfer of the patrimonial owner, but article 16 of 1996 copyright law establish certain rights to the commissioner (whether natural or juridical person) such as the exclusivity of disclosure of the work or the moral rights of the authors (see Resolución Nº 0127-2008/CDA-INDECOPI pages 11-12).

Retroactivity of expired works under 1961 law

The Peruvian copyright law of 23 April 1996, which entered in force on 24 May 1996 and repeals the previous regulation, indicates in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law".^{[822/1996 Transitional Provision 1]} This occurred days after of URAA renewal date, January 1, 1996 (see discussion explaining the expiration about which works apply to protection and how it affects to Commons). But, some registration guidelines maintained the validity of the 1961 law, until its definitive repeal in 2003.^{[822/1996 Transitional Provision 6]} There is no retroactive effect on works that have already expired before 23 May 1996 according to the regulations indicated and applied to the present time:

• Article 21 of Decision 351 [of the Andean Community] (1993): "The limitations and exceptions to copyright established in the [legislation of Peru] will be circumscribed to cases which do not conflict with the normal exploitation of the works nor resulting unjustified prejudice to legitimate interests of the owner or owners of the rights".
  • This rule is a regional adaptation of Article 18 of Berne Convention (works that were published before 1988 under Universal Copyright Convention and whose copyright expired before 1996 do not enjoy this benefit either)
  • Works that expired under the article 62 of the previous Peruvian law no longer enjoy the rights of collective recognition of the Andean Community. See also Retroactivity of AC countries.
  • Also, if the work of a Peruvian organization was published between 1968 and 1970, it went safely into the public domain in other countries because the expiration of extended protection of 50 years after publication for Andean Community members (Art. 19 and 59), The United States is not part of this community. Similar case for the authors died between 1963 and 1965 and left only assignments. Because they are part of the international community, the members could extend the duration of copyright in their country to pass the URAA date, so this should be taken into consideration in works when employing co-productions with those countries.
  • See also Resolution 489 (19 March 2001), Fábrica de Tejidos Santa Catalina S.A. requested protection of its design to Ecuador because it's published in 1969 and public domain since 1994 in its original country Peru, as a result, the design maintained its protection in Ecuador because in that country it had previously standardized its laws to be compatible with AC laws (in 1994, the 1976 law remained in force, with a protection period of up to 50 years).
• Article 7 of Law 29477 (2009)
  • This refers to the Article 103 of the Political Constitution of 1993: "No law has force or retroactive effect, except in criminal terms, when it favors the defendant". (see Law 27454, and section "Aplicación de la ley en el tiempo" from article "SIBARITA S.A. vs AJINOMOTO DEL PERÚ S.A. (1998)" in Indecopi (2015), p. 63). While criminal violations are usually "retroactive" (such as applying criminal penalties in favor of the copyright author), the protection does not have a "retroactive" effect for works expired by the old law, so the "public domain" status will remain in new laws.
  • The number of the old copyright law is mentioned in Article 1.
• Article III of Preliminary Title of Civil Code of Peru (established in 1984 under D.L. 195, updated in 2020)
  • Aplicación de la ley en el tiempo: "The law applies to the consequences of existing juridic connections and situations. Has no retroactive force or effect, except for those set forth in the Political Constitution of Peru".
  • According to Coca Guzmán, 2020, some cases ("casaciones") were cited in which the principle of irretroactivity is applied. In order for the previous law to maintain the public domain status, the "theory of the accomplished facts" ("teoría de los hechos cumplidos") that will prevent the new law revoking their expiration before its day of coming into force is applied.

Real examples occurred with Resolutions No. 584-2002/TPI-INDECOPI of June 21, 2002 (Fragil v. Discos Hispanos, Tecnología Digital Victoria and Kroton) and No. 1207-2010/TPI-INDECOPI of May 31, 2010 (Mega Entertainment E.I.R.L. v. Novolexis S.A.C) for unauthorized reproductions prior to 1990 of phonographic productions published before this year. According to the 2010 resolution, the old works apply the theory of the accomplished facts, where the immediate application of the rules of 1996 is preferred to the ultraactivity of the repealed rules of 1961 (if the work not was expired explicity before 1996). But the Court did not grant the injured parties whose work was reproduced without authorization by another party under the old law because of a loophole. In the words of Indecopi: "Admit any conclusion [that favours or disfavours to the author] would retroactively apply the existing rule or ultraactively the repealed rule, contravening the ordering juridic-national".

See also

• Peru
• Category:Peruvian FOP cases
• Category:Stamps of Peru
• Commons:Copyright rules by territory/Andean Community

External links

Resolutions search engine from Indecopi website

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:Philippines

Philippines

Copyright rules: the Philippines Shortcut: COM:Philippines
Durations
Standard	Life + 50 years
Photograph	Create/publish + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Create/publish + 50 years
Posthumous	Life + 50 years
Government	Free
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Philippines}} {{PD-PhilippinesGov}}
ISO 3166-1 alpha-3	PHL
Treaties
Berne convention	1 August 1951
Univ. Copyright Convention	19 November 1955
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	4 October 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

The Philippines archipelago was colonized by Spain from the 16th century. The country declared independence after the Spanish American War of 1898. Spain had ceded the Philippines to the United States, which recolonized the country in 1899–1902. The Philippines regained independence on 4 July 1946.

The Philippines has been a member of the Berne Convention since 1 August 1951, the Universal Copyright Convention since 19 November 1955, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 October 2002.

Governing laws

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition) as the main IP law enacted by the legislature of the Philippines. WIPO holds the text of this law in their WIPO Lex database.

The IP Code of the Philippines, which took effect on January 1, 1998, repeals the Presidential Decree No. 49 (Decree on the Protection of Intellectual Property) that took effect on November 14, 1972 and repealed Act No. 3134 (Copyright Law of the Philippine Islands) of 1924. The repealing clauses are found at Section 240 for the present law and Section 64 for the 1972 law, therefore both laws can be considered as non-retroactive and works that fell into public domain before the date of effectivity of the laws remained in public domain. However, works with subsisting copyright protection continue to enjoy copyright protection, under the provisions of the newer law.^{[49/1972 Section 63][8293/2015 Section 240.3.]}

Applicability

Under Republic Act No. 8293, the following literary and artistic works are given copyright protection from the moment of creation.^{[8293/2015 Chapter II Section 172.1]}

• Books, pamphlets, articles and other writings.
• Periodicals and newspapers.
• Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form.
• Letters.
• Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows.
• Musical compositions, with or without words.
• Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art.
• Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art.
• Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science.
• Drawings or plastic works of a scientific or technical character.
• Photographic works including works produced by a process analogous to photography; lantern slides.
• Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings.
• Pictorial illustrations and advertisements.
• Computer programs.
• Other literary, scholarly, scientific and artistic works.

These are protected by copyright "by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose."^{[8293/2015 Chapter II Section 172.2]}

General rules

According to the IP Code of the Philippines (Act No. 8293) (2015 Edition),

• Literary and artistic works works are protected during the life of the author and for 50 years after his death. This rule also applies to posthumous works.^{[8293/2015 Section 213.1]}
• Works of joint authorship are protected during the life of the last surviving author and for 50 years after his death.^{[8293/2015 Section 213.2]}
• Anonymous or pseudonymous works where the author's identity is not revealed are protected for 50 years from the date on which the work was first lawfully published, or if the work is not published for 50 years from the making of the work.^{[8293/2015 Section 213.3]}
• Works of applied art are protected for 25 years from the date of making.^{[8293/2015 Section 213.4]}
• Photographic works are protected for 50 years from publication of the work and, if unpublished, for 50 years from the making.^{[8293/2015 Section 213.5]}
• Audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings, the term is 50 years from date of publication and, if unpublished, from the date of making.^{[8293/2015 Section 213.6]}
• The terms of protection provided in section 213 are always be deemed to begin on the first day of January of the year following the event which gave rise to them.^{[8293/2015 Section 214]}
• Sound or Image and Sound recordings are protected for 50 years from the end of the year in which the recording took place.^{[8293/2015 Section 215.1]}
• Broadcasts are protected for 20 years from the date the broadcast took place.^{[8293/2015 Section 215.2]}

For works created before 1998

• Presidential Decree No. 49 (1972) provided the same terms of protection in most cases (50 years).^{[49/1972 Sections 21–25]}
• Act No. 3134 (1924) did not grant automatic copyright protection from the moment of creation; instead copyright began to exist when a work was registered.^{[3134/1924 Section 11]} Copyright duration was 30 years from registration, and a renewal was needed to further protect the work, for another 30 years.^{[3134/1924 Section 18]}

According to Section 3.1 of the Memorandum Circular No. 021-2023, released by the Intellectual Property Office of the Philippines in 2023 and governing the rules about public domain works in the Philippines, works meeting the following criteria are automatically in public domain:

• "Works created prior to 14 November 1972 that were not registered or the registrations of which were not renewed prior to such date, whether the author is alive or deceased." (Section 3.1(a))
• "Works created prior to 14 November 1972 that were registered or the registrations of which were renewed: Provided, that the author has died and more than 50 years has elapsed from said death." (Section 3.1(b))
• "Irrespective of Sections 3.1a. and 3.1b. above, any work belonging to the category of work below which has been created or published for more than 30 years as of 1 January 1998: (i) Periodicals and newspapers; (ii) Works of applied art, and (iii) Cinematographic or photographic works as well as those produced by any process analogous to cinematography or any process for making audio-visual recordings."

Works that may be "copyrighted" using the current 50 years p.m.a. may actually be public domain due to non-retroactivity of the newer law. Example: Bonifacio Monument in Caloocan, authored by Guillermo Tolentino (died 1976) but unveiled in 1933, during the regime of Act No. 3134.

Nevertheless, as Wikimedia Commons licensing policy requires hosted files to be free both in the source country and in the United States, several public domain works in the Philippines cannot be hosted on the media repository site due to still-existing U.S. copyrights brought by the Uruguay Round Agreements Act (see Commons:URAA-restored copyrights). Any work from the Philippines that were still under Philippine copyright as of 1 January 1996 (the URAA date of effectivity for works from the Philippines) should not be uploaded on Wikimedia Commons, even if those are now in public domain in the Philippines, until after the expiration of U.S. copyrights.

Commissioned works

Works created during the course of employment

• In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
  • (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
  • (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.^{[8293/2015 Section 178.3]}

Works created during the course of commission

In most cases physical ownership does not equate to ownership of copyright:

• In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.^{[8293/2015 Section 178.4]}

This especially applies to cases of works commissioned and owned by the Philippine Government or its subdivisions and instrumentalities, but the creators or authors of such works are not employees of the Government or the Government itself.

Not protected

No protection shall extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.^{[8293/2015 Section 175]}

Government works

Works made by the government, or by government employees, are not protected by copyright:

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.^{[8293/2015 Section 176.1]}

The clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. Therefore works of the Philippine Government is considered to be under the Public Domain. See discussion for {{PD-PhilippineGov}}.

The government may acquire copyright in a work, which will continue to last for the normal duration:

Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner.^{[8293/2015 Section 176.3]}

For further information, refer to:

• Copyright protection over the works of the Government – October 15, 2019 BusinessWorld article, by Mary Erica D. Manuel, Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)
• IPOPHL Memorandum Circular No. 2020 - 024: Copyright Rules and Regulations for the Government – 2020 Implementing Rules and Regulations by the Intellectual Property Office of the Philippines (via Google Drive)

Philippine News Agency content -  Unsure

The website of the Philippine News Agency contains terms of use stating that content on the website can only "be downloaded or printed for your own personal and non-commercial use only of not more than five (5) articles/photos per day." It adds that commercial use requires "written consent of NIB-PNA." The News and Information Bureau of the Philippine government repeats this copyright claim: "All contents of this site are protected by Philippines copyright laws under Republic Act No. 8293, known as the Intellectual Property (IP) Code of the Philippines, and may not be reproduced, distributed, altered, published or broadcast for commercial use without prior permission from PNA and its mother unit, the News and Information Bureau (NIB). However, the public may freely use PNA news contents with proper attribution for personal use only particularly in disseminating latest articles for public consumption in social media such as Facebook and Twitter." See also: Category:Philippine News Agency-related deletion requests.

Provincial government websites

Official websites of some Philippine provinces bear copyright-related terms of use, such as those of Agusan del Sur and of Iloilo, notwithstanding what is dictated in the law that no copyright shall subsist in any work of the Government.

Copyright tags

• {{PD-Philippines}} – for public domain Philippine images whose copyrights expired or released into the public domain.
• {{PD-PhilippinesGov}} – for works of the government of the Philippines exempted from copyright as stated by Republic Act No. 8293.
• {{PD-PhilippinesPubDoc}} – for works that are derived from a public document, as stated at Section 175 of Republic Act. No. 8293.
• {{WorkDepicted-PD-PhilippinesGov}} – for images that depict a work of the government of the Philippines exempted from copyright as stated by Republic Act No. 8293.

Currency

 Not OK. For reproductions of legal tender notes or metallic copies of legal tender coins.
OK. For copies of notes and coins that are no longer legal tender, and for non-metallic reproductions of coins.

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.^{[8293/2015 Section 176.1]} The Central Bank of the Philippines prohibits making, distributing or using:

• Any handbill, advertisement, placard, circular, card, or any other object whatsoever bearing the facsimile, likeness or similitude of any legal tender Philippine currency note, or any part thereof, whether in black and white or any color or combination of colors, without prior authority therefore having been secured from the Governor, BSP or his duly authorized representative.
• Any object whatsoever bearing the likeness or similitude as to design, color or the inscription thereon of any legal tender Philippine currency coin or any part thereof, in metal form, irrespective of size and metallic composition, without prior authority from the Governor, BSP or his duly authorized representative.

See also: Category:Philippine currency-related deletion requests.

Freedom of panorama

 Not OK for majority of the works of art. {{NoFoP-Philippines}} Note: Please tag Philippine no-FoP deletion requests: <noinclude>[[Category:Philippine FOP cases/pending]]</noinclude>

There is no provision in any of the exceptions listed under Chapter VIII ("Limitations on copyright") of the IP Code of the Philippines (Act No. 8293) (2015 Edition) allowing images of copyrighted architectural and artistic works to be made and/or distributed for commercial purposes, such as post cards, stamps, calendars, advertising materials, and T-shirt printing.^{[8293/2015 Chapter VIII Section 184–190]}

According to the Intellectual Property Office of the Philippines, street art is "qualifiable for copyright protection" per the copyright law. Accordingly, the artists "enjoy economic rights, which involves generation of profit from others' use, reproduction, or any transformation of their work for commercial purposes. Another right enjoyed by a copyright holder are moral rights or the rights of an author to proper attribution, to make any alterations on his or her works, to withhold or deny publication, and to object to any modifications or mutilation to his or her work."

Section 184 of Chapter VIII provides the following acts as not constituting copyright infringement:^{[8293/2015 Chapter VIII Section 184.1]}

(d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P.D. No. 49)

(e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned.

None of these provisions are strictly free enough for Wikimedia Commons. In particular, fair use is not allowed on Wikimedia Commons, and licensing limited to noncommercial uses is not allowed either.

Recent developments

See meta:Pilipinas Panorama Community/Freedom of Panorama#Recent developments for the recent developments concerning the attempt to introduce freedom of panorama in the country.

Public domain exceptions for FoP-reliant works

OK: Buildings completed prior to November 14, 1972: {{PD-Philippines-FoP work}}. The previous copyright laws, the Spanish Law on Intellectual Property (1879) and Act No. 3134 (1924, which followed the U.S. copyright law), did not protect buildings. On November 14, 1972, Presidential Decree No. 49 took effect which formally protected works of architecture and made works copyright-protected upon creation, removing copyright registration formalities. See also the following discussions: Commons:Village pump/Copyright/Archive/2020/08#Philippine buildings before 1972 and Commons:Village pump/Copyright/Archive/2021/06#Philippine buildings from 1951–1972 - anew.

OK: Artistic works (e.g. sculptures) made before 1972 that were not registered, and artistic works made before 1942 that were once registered but not renewed: {{PD-Philippines-FoP work}}. Act No. 3134, the then-prevailing copyright law, required registration and a notice for a work to be copyright-protected. Such requirements were removed by Presidential Decree No. 49 s. 1972. Works were considered not protected by copyright unless these were registered, and the term of copyright was 30 years from the date of registration. See also Commons:Deletion requests/Files in Category:Bonifacio National Monument (Caloocan City)#Files in Category:Bonifacio National Monument (Caloocan City) 2.

OK: literary texts on commemorative markers from the National Historical Commission of the Philippines (NHCP) and its predecessors: {{WorkDepicted-PD-PhilippinesGov}}. See also this deletion request.

General copyright term for all architectural and artistic works: Copyright protection expires 50 years after the death of the original or last-surviving author (whether the architect, sculptor, painter, or other artist). On January 1st of the following year (ie. January 1 of the 51st Year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Philippine freedom of panorama is no longer relevant here since the author's works are now copyright free.

See also: Category:Philippine FOP cases.

Stamps

use {{PD-PhilippineGov}}

Works by the government of the Philippines are not protected by copyright. A prior approval of the government is necessary for exploitation of such works for profit. However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. (See discussion).

Warning while Philippine stamps are public domain as works of the Philippine government, one must also take into account the underlying derivative works that may appear in the stamps, such as photographs from non-free sources and copyrighted artworks. Section 176.3 of the copyright law provides that the copyright in a work is not invalidated by its "publication or republication by the government in a public document." See also this April 2020 deletion request and this May 2021 deletion request.

Threshold of originality

The concept of threshold of originality probably does not exist in the Philippines. It is possible that the sweat of the brow concept applies. In this concept, "a work can be eligible for copyright protection if there is a substantial amount of labor, effort, or investment involved, even if it lacks a significant level of creativity. This standard places emphasis on the effort put into creating the work rather than the level of originality or creativity." (Reference: Commons:Village pump/Copyright/Archive/2023/07#Probable low Philippines TOO)

For this reason, some logos that may be simple for the American jurisprudence may be eligible for copyright in the Philippines. Two examples are logos of Photo Sikwate (2022-00957-G) and of Geomax Solutions and Innovations (2022-01698-G), both of which were afforded copyright registration as proven by the 2022 copyright registry of Intellectual Property Office of the Philippines.

However, in the midst of controversy surrounding the most popular noontime variety show of the Philippines in mid-2023 (refer to w:en:Eat Bulaga!#Copyright infringement case for the background information), Atty. Maggie Garduque who represents the show's producer (TAPE, Inc.) claims the design of the logo of the show "is a trademark and not subject of copyright."

See also

• Pilipinas / Philippines
• Category:Philippine law deletion requests
• Category:Stamps of the Philippines

External links

• Website of the Intellectual Property Office of the Philippines.
• Copyright Registration Search (from 2021). Retrieved on 2023-10-20.

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:Pitcairn Islands

Pitcairn Islands

Pitcairn Islands is a British Overseas Territory in the Pacific Ocean. Presumably for copyright purposes it is covered by the laws of the United Kingdom.

Copyright tags

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

Currency

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

Freedom of panorama

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

Stamps

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

See also

• Pitcairn Islands
• Commons:Copyright rules by territory/United Kingdom
• Commons:Copyright rules by territory/British Overseas Territories

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:Poland

Poland

Copyright rules: Poland Shortcut: COM:POLAND
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-Polish}}
ISO 3166-1 alpha-3	POL
Treaties
Berne convention	28 January 1920
WTO member	1 July 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	23 March 2004
*‌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 Poland relevant to uploading works into Wikimedia Commons. Note that any work originating in Poland must be in the public domain, or available under a free license, in both Poland 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 Poland, refer to the relevant laws for clarification.

Governing laws

Poland has been a member of the Berne Convention since 28 January 1920, the World Trade Organization since 1 July 1995 and the WIPO Copyright Treaty since 23 March 2004.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Act of February 4, 1994, on Copyright and Related Rights (as amended up Act of September 25, 2015) as the main IP law enacted by the legislature of Poland. WIPO holds the Polish language text of the law as of 2015 with an automatic translation tool in their WIPO Lex database. The act was retroactive, and reinstated copyright that had expired.^{[1996–2016 Art.124(3)]}

Wikisource has an English translation of the original 1994 law. Wikisource also has a Polish-language version as of 2016. Tomasz Rychlicki provides information on some Polish copyright cases on his blog.

General rules

Under the Consolidated 1994 Polish Copyright Law as of 2016,

• Except as specified otherwise below, copyright expires 70 years from the author's death, or from the last surviving co-author's death with works of joint authorship.^{[1996–2016 Art.36(1)]}
• For anonymous or pseudonymous works copyright expires 70 years from date of first being made public, unless the pseudonym does not leave any doubts as to the author's identity or the author disclosed his identity.^{[1996–2016 Art.36(2)]}
• For work to which copyrights are entitled by law to a person other than the author, copyright lasts 70 years from the date of being made public, or from the date of creation if it was not made public in this period.^{[1996–2016 Art.36(3)]}
• For in an audiovisual work, copyright lasts 70 years from the death of the last survivor of the the main director, author of the script, author of dialogues and composer of music composed for the audiovisual work.^{[1996–2016 Art.36(4)]}
• For a musical work with words, if the words and music were composed specifically for this work, copyright lasts for 70 years from the death of the last survivor of the author of the words and composer of the music.^{[1996–2016 Art.36(5)]}
• The duration of copyright is counted in full years following the year in which the event occurred on which the duration is based.^{[1996–2016 Art.39]}

Retroactive changes

Poland extended its copyright term to 50 years after the death of the author (or 50 years after publication for anonymous works) on May 23, 1994, and then to 70 years on January 1, 2003.

This means that on the URAA date of January 1, 1996, the shorter term of 50 years was still valid. However, some of these works then became re-copyrighted in 2003 within Poland (and later the European Union) as the term extension explicitly also applied to works on which the copyright had already expired.

For photographs, the situation was different:

• According to the Article 21 of the Copyright law of March 29, 1926 (valid until 1952) photographs lost copyright protection ten years after the picture was taken. Series of scientific or artistic pictures lost copyright protection after 50 years.
• According to Article 27 of the Copyright law of July 10, 1952 (valid until May 23, 1994) photographs and series of photographs lost copyright protection ten years after their publication date.
• However, the retroactive Polish Copyright Law of February 4, 1994, Article 124, put all those images back under copyright protection for 50 years since the death of the author.
• An amendment passed in late 2002, effective January 1, 2003, retroactively extended terms to 70 years after the death of an author.

Not protected

Under the Consolidated 1994 Polish Copyright Law as of 2016, copyright protection does not cover:^{[1996–2016 Art.4]}

1. normative acts and drafts thereof as well as official documents
2. official documents, materials, signs and symbols;
3. published patent or protection descriptions;
4. simple press information.

However in some instances the use of an image published by the government in Poland might be regulated by other laws. It is being debated if postage stamps and banknotes fall into this category. (See: {{PD-Polishsymbol}})

According to 2016 court decision photographs of maps, documents, medals, memorial plates do not enjoy their own copyrights.

In the judgment of 27 February 2009 (V CSK 337/2008), the Supreme Court of Poland stated: "The official materials referred to in Article 4 §2 of the [Polish] Copyright Law Act should be understood as materials coming from an office or other institution performing public tasks."

Additionally all content published on www.gov.pl is under Creative-Commons Attribution 3.0 license.

Copyright tags

• {{PD-Poland}} – for public domain Polish photographs published in Poland without a copyright notice prior to May 23, 1994.
• {{PD-Polishsymbol}} – for public domain Polish government documents, materials, signs and symbols.
• See also non-PD Polish copyleft license tags: {{PolishSenateCopyright}}, {{PolishPresidentCopyright}}

Currency

 Not OK. Polish National Bank requires written permission for reproduction of Polish banknotes and coins which are legal tender on the territory of the Republic of Poland in physical or electronic form.

• Discussion that resulted in the deletion of Polish money images from Commons

Freedom of panorama

OK. {{FoP-Poland}} (exterior only)

The copyright act from February 4, 1994 in article 33 point 1 allows one to propagate works that are permanently exhibited on the publicly accessible roads, streets, squares or gardens provided that the propagation is not for the same use. The name of the creator and source should be provided if it is possible by article 34. This use is royalty free, provided that it does not harm the legitimate interests of the creator by article 34.

Stamps

According to Article 4, case 2 of the Polish Copyright Law Act of February 4, 1994 "normative acts and drafts thereof as well as official documents, materials, signs and symbols are not subject to copyrights". Such materials should use {{PD-Polishsymbol}}. Unfortunately it is unclear if Polish stamps and banknotes are considered official materials, signs or symbols by Polish law. In 2009 about 900 files with Polish stamps were deleted (see Commons talk:Stamps/Archive 1#Polish stamps are copyrighted for the discussion).

Threshold of originality

Per Tomasz Targosz (Institute of Intellectual Property Law, Jagiellonian University Kraków):

Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to ponder whether simple graphic designs, short lines of text or even names should or should not be protected by copyright law.

See also

• Commons:Reuse of PD-Art photographs
• Polska
• Category:License tags of Poland
• Category:Polish FOP cases
• Category:Stamps of Poland
• User:Piotrus/PolishCopyright

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:Portugal

Portugal

Copyright rules: Portugal Shortcut: COM:PORTUGAL
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Freedom of panorama	Yes
Common licence tags	{{PD-old-auto}} {{PD-Portugal-URAA}}
ISO 3166-1 alpha-3	PRT
Treaties
Berne convention	29 March 1911
Univ. Copyright Convention	25 December 1956
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

Portugal has been a member of the Berne Convention since 29 March 1911, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017) as the main IP law enacted by the legislature of Portugal. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

• The author's moral rights, including and in particular the right to attribution, are perpetual, even after the copyright expires.^{[100/2017 Art.9(3)]}
• Except where otherwise specified, copyright subsists for 70 years after the death of the author, even if the work is only disclosed or published posthumously.^{[100/2017 Art.31]}
• Copyright in work of joint authorship, as such, expires 70 years after the death of the author who dies last.^{[100/2017 Art.32(1)]}
• The rights in a collective work or work originally attributed to a legal entity expires 70 years after first publication or lawful disclosure, unless the individual(s) who created the work were identified in versions made available to the public.^{[100/2017 Art.32(2)]}
• Copyright attributed to individual authors of a collective work with regard to contributions that can be distinguished is 70 years after the death of the author.^{[100/2017 Art.32(3)]}
• The duration of protection of anonymous works is 70 years after publication or disclosure.^{[100/2017 Art.33(1)]} If the identity of the author is revealed in this period, the term of protection 70 years after the death of the author.^{[100/2017 Art.33(2)]}
• Copyright in cinematographic work or other audiovisual work expires 70 years after the death of the last survivor of the director; the author of the adaptation; the author of the dialogue; the author of the musical compositions specially created for the work.^{[100/2017 Art.34]}

See {{PD-Portugal-URAA}} for compatibility between the Uruguay Round Agreements Act and works in the public domain in Portugal.

Photographs

All photographs taken until 30 June 1970 are in the public domain in Portugal, as Decree Law n.° 334/97 of 27 November, which established the current 70 year protection on photographic works, as well as the 25 year protection on non-published public domain works, specifically applies retroactively only to works that were under protection in EU countries as of 1 July 1995 (§5). In the previous Law No. 114/91 as of September 3, 1991, copyright for all photographic works expired after 25 years after the work had been made. Copyright of non-published works was specifically voided 25 years after creation of the work. (§34). See the related discussion for more information and sources verifying this.

In order to have copyright, photographic works are required to be published displaying a) the name of the photographer, b) in the case of photographs of works of plastic art, the name of the author of the work photographed. (§167 of the current 2017 copyright law). Failure to comply this voids the copyright of the work, unless bad faith on the reproduction can be proved.

Not protected

Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

• There is no copyright protection for a) The news of the day and the reports of various events as simple information in any way disclosed; b) Applications, allegations, complaints and other texts submitted in writing or orally before public authorities or services; c) Proposed texts and speeches delivered to assemblies or other collegiate bodies, political, administrative, national, regional or local levels, or in public debates on matters of common interest; d) Political speeches.^{[100/2017 Art.7(1)]}
• Integral reproduction of speeches, oratory pieces and other texts referred to in sub-paragraphs c) and d) of paragraph 1 may only be made by the author or with his consent.^{[100/2017 Art.7(2)]}
• The use by a third party of work referred to in paragraph 1, when free, shall be limited to that required by the purpose to be achieved with its disclosure.^{[100/2017 Art.7(3)]}

Copyright tags

• {{PD-Portugal-URAA}} for compatibility between the Uruguay Round Agreements Act and works in the public domain in Portugal.
• {{PD-Portugal-photo}} for photographs in the public domain.
• {{IPPAR}} – for images courtesy of IGESPAR.
• {{PD-Portugal-exempt}} for copyright exceptions in Portugal

Freedom of panorama

OK {{FoP-Portugal}} Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

• It is lawful, without the author's consent, to make the following uses of a work:^{[100/2017 Art.75(2)]} ... use of works, such as works of architecture or sculpture, made to be located permanently in public places;^{[100/2017 Art.75(2.q)]}
• "Use" includes taking a photograph of such a work and publishing it.^{[100/2017 Art.68]}
• However, in conformity with the Berne three-step test, the allowed uses must not conflict with a normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the rights holder.^{[100/2017 Art.75(4)]}
• Also, "The free uses mentioned in the preceding article [§75] shall be accompanied by the indication, wherever possible, of the name of the author and of the editor, the title of the work and other circumstances that identify them...."^{[100/2017 Art.76(a)]}

According to Portuguese legal scholar Teresa Nobre, "public location" includes public interiors within the context of Portuguese law.

Threshold of originality

w:File:Juventude Socialista Portugal.png was deleted as it was considered to be above the threshold of originality.

Photographs

In Portugal photographs have been consistently specifically required to have a significant degree of creativity in order to be copyrighted. Article §164 of the current 2017 copyright law states that "the choice of a photograph's subject and the conditions of its creation must be deemed to be a personal artistic creation by the author before a photograph may qualify for protection".

Court cases

• Landscape photograph: Ruled as without originality. In 2009 the Tribunal da Relação de Lisboa ruled as void of copyright for lack of artistic creativity a landscape photograph the author was claiming copyright on due to his choice of the setting, light and other conditions. It was considered by the court "a vulgar photograph resultant from the mere choice of an object, such as a city council building and part of a group of trees, without a minimum of creativity". The subject is discussed in a 2017 article published by the Instituto Portugues de Fotografia.
• Heart reproduction commissioned to a laboratory in order to be presented in an exposition: Ruled as without originality.
• Clothing/Fashion: Ruled as without originality.
• Puppets wearing Madeira national costumes (generally tourist souvenirs) following old and common models were considered without copyright.

See also

• Portugal
• Category:Images from IPPAR
• Category:License tags of Portugal
• Category:Portuguese FOP cases

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

Copyright rules by territory

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