Commons:Copyright rules by territory/Consolidated list Sa-Sl
This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.
COM:Saint Kitts and Nevis
Saint Kitts and Nevis
Copyright rules: Saint Kitts and Nevis Shortcut: COM:SAINT KITTS AND NEVIS | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Publish + 50 years |
Audiovisual | Create/publish + 50 years |
Other | |
Freedom of panorama | For 3D works |
Terms run to year end | Yes |
Common licence tags | {{PD-Saint Kitts and Nevis}} |
ISO 3166-1 alpha-3 | KNA |
Treaties | |
Berne convention | 9 April 1995 |
WTO member | 21 February 1996 |
URAA restoration date* | 1 January 1996 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Saint Kitts and Nevis relevant to uploading works into Wikimedia Commons. Note that any work originating in Saint Kitts and Nevis must be in the public domain, or available under a free license, in both Saint Kitts and Nevis 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 Saint Kitts and Nevis, refer to the relevant laws for clarification.
Background
[edit]Saint Christopher Island (Saint Kitts) was colonized by the English in 1623, and soon after was partitioned with the French. The French ceded their part to the United Kingdom in 1713. St. Kitts and Nevis became independent in 1983.
Saint Kitts and Nevis has been a member of the Berne Convention since 9 April 1995 and the World Trade Organization since 21 February 1996, as well as a signatory to various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 18.08) of 2002 as the main copyright law enacted by the legislature of Saint Kitts and Nevis.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]According to the Chapter 18.08 Copyright Act of 2002,
- Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work shall expire at the end of a period of 50 years from the end of the calendar year in which the author dies.[18.08/2000 Section 10(1)]
- Where the authorship of a literary, dramatic, musical or artistic work is unknown, copyright in that work shall expire at the end of a period of 50 years from the end of the calendar year in which it was first made available to the public.[18.08/2000 Section 10(2)]
- The provisions of subsections (1) and (2) of this section shall not apply to computer-generated work, the copyright in which expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[18.08/2000 Section 10(4)]
- For a work of joint authorship, duration is based on death of the last surviving known author.[18.08/2000 Section 10(5)]
- Copyright in a sound recording or film expires at the end of a period of 50 years from the end of the calendar year in which it was made, or where it is made available to the public before the end of that period, 50 years from the end of the calendar year in which it is so made available.[18.08/2000 Section 11(1)]
Folklore
[edit]In respect of folklore, that is to say, all literary and artistic works that (a) constitute a basic element of the traditional and cultural heritage of Saint Christopher and Nevis; (b) were created in Saint Christopher and Nevis by various groups of the community; and (c) survive from generation to generation; the rights of the author shall vest in the Crown to the same extent as if the Crown had been the original creator of the folklore.[18.08/2000 Section 22(5)]
De minimis
[edit]- Copyright in a work shall not be infringed (a) by its incidental inclusion in an artistic work, sound recording film, broadcast or cable programme; or (b) by the issue to the public of copies of the playing, showing, broadcasting or inclusion in a cable programme service of anything whose making was not an infringement of copyright by virtue of paragraph (a) of this section.[18.08/2000 Section 55]
Freedom of panorama
[edit]OK for 3D works. According to the Chapter 18.08 Copyright Act of 2002,
- Representation of artistic works on public display: This section shall apply to (a) buildings; and (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[18.08/2000 Section 74(1)]
- The copyright in the work referred to in section 74(1) shall not be infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; (c) broadcasting or including in a cable programme service a visual image of it; or (d) the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[18.08/2000 Section 74(2)]
Citations
[edit]- ↑ a b Saint Kitts and Nevis Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act (Cap. 18.08). Saint Kitts and Nevis (2002). Retrieved on 2018-11-04.
COM:Saint Lucia
Saint Lucia
Copyright rules: Saint Lucia Shortcut: COM:SAINT LUCIA | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Publish + 50 years |
Audiovisual | Create/publish + 50 years |
Other | |
Freedom of panorama | For 2D copies of 3D works |
Terms run to year end | Yes |
Common licence tags | {{PD-Saint Lucia}} |
ISO 3166-1 alpha-3 | LCA |
Treaties | |
Berne convention | 24 August 1993 |
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 Saint Lucia relevant to uploading works into Wikimedia Commons. Note that any work originating in Saint Lucia must be in the public domain, or available under a free license, in both Saint Lucia 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 Saint Lucia, refer to the relevant laws for clarification.
Background
[edit]The French colonized Saint Lucia in 1663. The British and French alternately ruled the island until the British took over in 1814. It was part of the West Indies Federation from 1958 to 1962. Saint Lucia became independent on 22 February 1979.
Saint Lucia has been a member of the Berne Convention since 24 August 1993, the World Trade Organization since 1 January 1995 and the WIPO treaty since 6 March 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1995 (Act No. 10 of 1995) as the main IP law enacted by the legislature of Saint Lucia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The act was modified by the Copyright (Amendment) Act, 2000 (Act No. 7 of 2000).[1] The amendments provided for the registration of collective societies, protected the moral rights of performers, extended the range of civil remedies and made other changes, but did not change the definitions of protected works or durations of protection.[3]
General rules
[edit]According to the Copyright Act 1995 (Act No. 10 of 1995),
- Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.[10/1995 Section 10(1)]
- Where the authorship of a work referred to in subsection (1) is unknown, copyright in such work expires at the end of the period of 50 years from the end of the calendar year in which it was first made available to the public.[10/1995 Section 10(2)]
- The provisions of subsections (1) and (2) shall not apply to a computer-generated work, the copyright in which shall expire at the end of the period of 50 years from the end of the calendar year in which the work is made.[10/1995 Section 10(4)]
- For a work of joint ownership the duration is based on the year in which the last surviving known author dies.[10/1995 Section 10(5)]
- Copyright in a sound recording or film expires at the end of the period of 50 years from the end of the calendar year in which it was made, or where it is made available to the public before the end of that period, at the end of the period of 50 years from the end of the calendar year in which it is so made available.[10/1995 Section 11(1)]
Freedom of panorama
[edit]OK. For 2D copies of 3D works. According to the Copyright Act 1995 (Act No. 10 of 1995),
- This section applies to (a) buildings; (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[10/1995 Section 81(1)]
- The copyright in such a work is not infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; or (c) broadcasting or including in a cable programme service a visual image of it.[10/1995 Section 81(2)]
- The copyright in such a work is not infringed by the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[10/1995 Section 81(3)]
Citations
[edit]COM:Saint Vincent and the Grenadines
Saint Vincent and the Grenadines
Copyright rules: Saint Vincent and the Grenadines Shortcut: COM:SAINT VINCENT AND THE GRENADINES | |
Durations | |
---|---|
Standard | Life + 75 years |
Anonymous | Publish + 50 years |
Audiovisual |
Publish + 75 years or Create + 50 years |
Other | |
Freedom of panorama | Yes |
Terms run to year end | Yes |
ISO 3166-1 alpha-3 | VCT |
Treaties | |
Berne convention | 29 August 1995 |
Univ. Copyright Convention | 27 October 1979 |
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 Saint Vincent and the Grenadines relevant to uploading works into Wikimedia Commons. Note that any work originating in Saint Vincent and the Grenadines must be in the public domain, or available under a free license, in both Saint Vincent and the Grenadines 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 Saint Vincent and the Grenadines, refer to the relevant laws for clarification.
Background
[edit]The French colonized Saint Vincent in 1719. The island was ceded to Britain in 1763. Saint Vincent and the Grenadines became independent on 27 October 1979.
Saint Vincent and the Grenadines has been a member of the Universal Copyright Convention since 27 October 1979, the World Trade Organization since 1 January 1995 and the Berne Convention since 29 August 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2003 (Act No. 21 of 2003) as the main copyright law enacted by the legislature of Saint Vincent and the Grenadines.[1] WIPO holds the text of this law, Issue 1/2009 in their WIPO Lex database. The act repealed the Copyright Act, Chapter 262 of the Revised Laws 1990 Edition effective 30 November 2004.[2]
Durations
[edit]According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009,
- Copyright in a literary, dramatic, musical or artistic work expires 75 years from the end of the calendar year in which the author dies.[1/2009 Section 8(1)]
- Where the author is unknown, copyright expires 50 years from the end of the calendar year when it was first made available to the public.[1/2009 Section 8(2)]
- Copyright in a computer-generated work expires 50 years from the end of the calendar year when it was made.[1/2009 Section 8(4)]
- Copyright duration in a work of joint authorship is based on year of death of the last survivors of the known authors, if any.[1/2009 Section 8(5)]
- Copyright in a sound recording or film expires 50 years from the end of the calendar year in which it was made or, where it is made available to the public before the end of that period, 75 years from the end of the calendar year in which it is so made available.[1/2009 Section 9]
- Copyright in a broadcast or cable programme expires 50 years from the end of the calendar year in which the broadcast was made or the programme included in a cable programme service.[1/2009 Section 10]
- Copyright in the typographical arrangement of a published edition expires 25 years from the end of the calendar year in which the edition was first published.[1/2009 Section 11]
De minimis
[edit]According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009, of Saint Vincent and the Grenadines,
- Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.[1/2009 Section 53]
Freedom of panorama
[edit]OK for 2D copies of 3D works. Unclear whether 2D works may be copied, but assume Not OK as the clause follows the the United Kingdom freedom of panorama model. According to the Copyright Act 2003 (Act No. 21 of 2003), Issue 1/2009,
- When an artistic work is on public display, including buildings; sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, the copyright in such a work is not infringed by making a graphic work representing it; making a photograph or film of it; or broadcasting or including in a cable programme service a visual image of it.[1/2009 Section 75]
Citations
[edit]- ↑ a b Saint Vincent and the Grenadines Copyright and Related Rights (Neighboring Rights). WIPO (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act 2003 (Act No. 21 of 2003) Issue 1/2009. Saint Vincent and the Grenadines (2009). Retrieved on 2018-11-04.
COM:Samoa
Samoa
Copyright rules: Samoa Shortcut: COM:SAMOA | |
Durations | |
---|---|
Standard | Life + 75 years |
Anonymous | Publish + 75 years |
Audiovisual | Create/publish + 75 years |
Collective | Create/publish + 75 years |
Applied art | Create + 25 years |
Other | |
Terms run to year end | Yes |
Common licence tags | {{PD-Samoa}} |
ISO 3166-1 alpha-3 | WSM |
Treaties | |
Berne convention | 21 July 2006 |
WTO member | 10 May 2012 |
URAA restoration date* | 21 July 2006 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Samoa relevant to uploading works into Wikimedia Commons. Note that any work originating in Samoa must be in the public domain, or available under a free license, in both Samoa and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Samoa, refer to the relevant laws for clarification.
Background
[edit]In 1900 the island group of Samoa was divided between Germany and the United States, with German Samoa including the western islands and American Samoa the eastern islands. During World War I, New Zealand seized German Samoa, and continued to administer the islands until 1 January 1962, when Samoa became independent.
Samoa has been a member of the Berne Convention since 21 July 2006 and the World Trade Organization since 10 May 2012, as well as a signatory to various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1998 (as consolidated in 2011) as the main IP law enacted by the legislature of Samoa.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]According to the Copyright Act 1998 (as consolidated in 2011)
- The economic and moral rights shall be protected during the life of the author and for 75 years after his or her death.[1998–2011 Sec.16(1)]
- In the case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for 75 years after his or her death.[1998–2011 Sec.16(2)]
- In the case of a collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights shall be protected for 75 years from the date of which the work was first published or, failing such an event within 75 years from the making of the work, from its making.[1998–2011 Sec.16(3)]
- In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 75 years from the date on which the work was first published.[1998–2011 Sec.16(4)]
- In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[1998–2011 Sec.16(5)]
- Every period provided for under subsections (1) to (5) runs to the end of the calendar year in which it would otherwise expire.[1998–2011 Sec.16(6)]
Not protected
[edit]According to the Copyright Act 1998 (as consolidated in 2011), no protection shall extend to,
- any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1998–2011 Sec.5(a)]
- any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[1998–2011 Sec.5(b)]
Freedom of panorama
[edit]Not OK. Only incidental copying is allowed. According to the Copyright Act 1998 (as consolidated in 2011),
- The copyright in a work is not infringed by its incidental inclusion in an artistic work, a sound recording, an audio-visual work or a broadcast or by the publication, playing, performance or other use of the work.[1998–2011 Sec.8c]
Citations
[edit]- ↑ a b Samoa Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Copyright Act 1998 (as consolidated in 2011). Samoa (2011). Retrieved on 2018-11-05.
COM:San Marino
San Marino
Copyright rules: San Marino Shortcut: COM:SAN MARINO | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Create + 30 years |
Anonymous | Publish + 60 years |
Audiovisual | Create/publish + 50 years |
Collective | Publish + 60 years |
Posthumous | Publish + 60 years (maximum life + 90 years) |
Other | |
Terms run to year end | Yes |
Common licence tags |
{{PD-old-auto}} {{PD-SanMarino}} |
ISO 3166-1 alpha-3 | SMR |
Treaties | |
Berne convention | 2 September 2020 |
URAA restoration date* | 2 September 2020 |
WIPO treaty | 2 September 2020 |
*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of San Marino relevant to uploading works into Wikimedia Commons. Note that any work originating in San Marino must be in the public domain, or available under a free license, in both San Marino 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 San Marino, refer to the relevant laws for clarification.
Governing laws
[edit]San Marino has been a member of the Berne Convention and WIPO Copyright Treaty since 2 September 2020.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 8 of 25 January 1991 - Protection of Copyright as the main IP law enacted by the legislature of San Marino.[2] WIPO holds the text of this law in their WIPO Lex database.[3] The law was later amended by Law No. 63 of 24 June 1997 and Law No. 43 of 22 February 2006.[2]
General rules
[edit]According to Law no. 8 of 25 January 1991:
- The standard term of protection is for the author's life + 50 years.[8/1991 Art.36]
- A joint work where individual contributions cannot be separated is protected for 50 years after the last author's death.[8/1991 Art.37]
- If the contributions in a joint work are separable, protection for each contribution is based on the life of the author, while the work as a whole is protected for 60 years after first disclosure.[8/1991 Art.37]
- Anonymous or pseudonymous works are protected for 60 years after first disclosure.[8/1991 Art.38]
- Posthumous works are protected for 60 years after first disclosure as long as this occurs within 30 years of the author's death.[8/1991 Art.39]
- For audio-visual works (films, sound), the duration is 50 years after the end of the year of first disclosure, or 50 years after the production date for undisclosed works.[8/1991 Art.40]
- Photographs are protected for 30 years after the date of production.[8/1991 Art.84]
Disclosure is any act that brings the work to the attention of the public, including exhibition or reproduction.[8/1991 Art.44] All terms run to the end of the calendar year in which they expire.
Copyright tags
[edit]- {{PD-San MarinoGov}} for the reproduction, even in their entirety, of the acts of State or government or judicial acts.
- {{PD-San Marino}} for works in the public domain in San Marino
Freedom of panorama
[edit]Not OK. There is no provision for freedom of panorama of any sort under San Marino law.[2]
Citations
[edit]- ↑ Berne Notification No. 285 Berne Convention for the Protection of Literary and Artistic Works Accession by the Republic of San Marino[4], 2 June 2020
- ↑ a b c San Marino Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law No. 8 of 25 January 1991 - Protection of Copyright. San Marino (1999). Retrieved on 2018-11-13.
COM:São Tomé and Príncipe
São Tomé and Príncipe
Copyright rules: São Tomé and Príncipe Shortcut: COM:SÃO TOMÉ AND PRÍNCIPE | |
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-Sao Tome and Principe}} |
ISO 3166-1 alpha-3 | STP |
Treaties | |
Berne convention | 14 June 2016 |
URAA restoration date* | 14 June 2016 |
*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 São Tomé and Príncipe relevant to uploading works into Wikimedia Commons. Note that any work originating in São Tomé and Príncipe must be in the public domain, or available under a free license, in both São Tomé and Príncipe 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 São Tomé and Príncipe, refer to the relevant laws for clarification.
Background
[edit]The islands were uninhabited until their discovery by Portuguese explorers in the 15th century. They peacefully obtained independence on 12 July 1975.
São Tomé and Príncipe has been a member of the Berne Convention since 14 June 2016.[1]
Until 1972, São Tomé and Príncipe copyright rules were defined by Decree No. 13,725 of 27 May 1927. On 22 February 1972 this was replaced by Decree-Law No. 46980 of 27 April 1966. This was in turn replaced by Decree-Law No. 02/2017.[2]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code of Copyrights and Related Rights (approved by Decree-Law No. 02/2017) as the main copyright law enacted by the legislature of São Tomé and Príncipe.[1] WIPO holds the text of this law in their WIPO Lex database.[3]
General rules
[edit]Under the former Código do Direito de Autor (Copyright Code), enacted 1966 and effective 22 February 1972:[2]
- Literary, artistic or scientific works were protected for the life of the author and 50 years after their death.[46980/1966 Art.25]
- Protection for jointly authored works lasted until 50 years after the death of the last surviving author.[46980/1966 Art.30]
- Protection for collective works as a whole lasted for 50 years after publication.[46980/1966 Art.31]
- Protection for individual contributions to a jointly authored or collective work lasted for 50 years after the death of the author.[46980/1966 Art.32]
- Protection for posthumous works lasted for 50 years after death of the author.[46980/1966 Art.33]
- Protection for anonymous or pseudonymous works lasted for 50 years after publication, if the author did not become known during that period.[46980/1966 Art.34]
- All terms based on the death of the author lasted until 1 January of the following year.[46980/1966 Art.35]
Under the Decree Law 02/2017,
- The standard duration of protection is for the author's life + 70 years.[02/2017 Art.31]
- Copyright in a joint work expires 70 years after death of the last surviving author.[02/2017 Art.32(1)]
- Copyright in a collective work is attributed to the natural or legal entity that has organized and directed its creation and in whose name it has been disclosed or published. Newspapers and other periodicals are presumed to be collective works.[02/2017 Art.19]
- Copyright in a collective work expires 70 years after first disclosure or publication, unless the individuals who made it have been identified in the version that was disclosed.[02/2017 Art.32(2)]
- Where an individual contribution can be distinguished, copyright for that contribution lasts for the author's life + 70 years.[02/2017 Art.32(3)].
- Anonymous works are protect for 70 years after publication or disclosure.[02/2017 Art.33]
- Films and audiovisual works are protected for 70 years after death of the last survivor of the director, author of the work being adapted, scriptwriter and composer of music specifically for the work.[02/2017 Art.34]
Not protected
[edit]Under the Decree Law 02/2017, copyright protection does not apply to the following:[02/2017 Art.7]
- News of the day and the reports of events that are simple information, however disclosed;
- Applications, claims, complaints and written or oral submissions to authorities or public services
- Proposed texts and speeches before assemblies or other collegial, political and administrative bodies at the national, regional or local level, or in public debates on issues of public interest;
- Political speeches.
Freedom of panorama
[edit]OK: {{FoP-São Tomé and Príncipe}}. Under the Decree Law 02/2017, the following uses of a work are lawful without the author's consent: ... The use of works, such as works of architecture or sculpture, made to be kept permanently in public places;[02/2017 Art.75.2(p)]
It can be noted that the wording is similar to the Portuguese freedom of panorama provision. In the absence of any specific case law to the contrary, and considering that São Tomé and Príncipe is a former Portuguese colony, it is reasonable to assume that the rules will be identical. See Commons:Copyright rules by territory/Portugal#Freedom of panorama for details on the Portuguese freedom of panorama.
Recent discussion/s: Commons:Village pump/Copyright/Archive/2021/09#São Tomé and Príncipe FOP revisited.
Citations
[edit]- ↑ a b São Tomé and Príncipe Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ a b Code on Copyright (approved by Decree-Law No. 46980 of April 27, 1966) (1972). Retrieved on 2019-01-15.
- ↑ Code of Copyrights and Related Rights (approved by Decree-Law No. 02/2017). São Tomé and Príncipe (2017). Retrieved on 2018-11-04.
COM:Saudi Arabia
Saudi Arabia
Copyright rules: Saudi Arabia Shortcut: COM:SAUDI ARABIA | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Publish + 25 years |
Anonymous | Publish + 50 years |
Audiovisual | Publish + 50 years |
Collective | Publish + 50 years |
Applied art | Publish + 25 years |
Other | |
Common licence tags | {{PD-Saudi Arabia}} |
ISO 3166-1 alpha-3 | SAU |
Treaties | |
Berne convention | 11 March 2004 |
Univ. Copyright Convention | 13 July 1994 |
WTO member | 11 December 2005 |
URAA restoration date* | 11 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 Saudi Arabia relevant to uploading works into Wikimedia Commons. Note that any work originating in Saudi Arabia must be in the public domain, or available under a free license, in both Saudi Arabia 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 Saudi Arabia, refer to the relevant laws for clarification.
Background
[edit]Ibn Saud, son of the former Emir of Nejd, conquered Riyadh in 1902. Over the next thirty years he extended his control over Najd, Hejaz and parts of Eastern and Southern Arabia. He founded the kingdom of Saudi Arabia in 1932.
Saudi Arabia has been a member of the Universal Copyright Convention since 13 July 1994, the Berne Convention since 11 March 2004 and the World Trade Organization since 11 December 2005.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Law (promulgated by Royal Decree No. M/41 of 2 Rajab, 1424 (August 30th,2003)) as the main IP law enacted by the legislature of Saudi Arabia.[1] WIPO holds the text of this law in their WIPO Lex database.[2][3]
Applicability
[edit]Protected works are: Written materials like books, booklets and others; Works which are verbally delivered like lectures, speeches, poetry, songs and the like; Dramatic works, plays, shows and similar presentations which involve motion, sound or both; Works which are especially prepared for broadcasting or are presented through broadcasting; Drawings, works of plastic arts, architecture, decorative art and artistic embroidery and the like; Sound and audio-visual works; Applied art works, whether handcrafted or manufactured; Photographic works and the like; Illustrations, geographical maps, designs, plans, sketches and sculptured works related to geography, topography, architecture and science; Three Dimensional works of geography, topography, architecture or science; Computer programs. Protection shall include the title of a work, if it is of creative nature, and not a common expression indicating the subject matter of the work.[M/41/2003 Art. 2] Derivative works such as translations, abridgements and collections are also protected.[M/41/2003 Art. 3]
General rules
[edit]Under the Copyright Law (M/41 of 30 August 2003),
- The period of copyright for the author of a work shall be for the duration of his life and for a period of 50 years following his death.[M/41/2003 Art. 19 First(1)]
- The period of copyright for joint works shall be computed from the date of the death of the last surviving author.[M/41/2003 Art. 19 First(2)]
- The protection period for works where the author is a corporate entity is 50 years from the date of the first publication of the work.[M/41/2003 Art. 19 First(3)]
- The protection period for a work whose author's name is unknown is 50 years from the date of the first publication of the work, as long as the author does not become known during this period.[M/41/2003 Art. 19 First(3)]
- The protection period for sound works, audio-visual works, films, collective works and computer programs is 50 years from the date of the first show or publication of the work, regardless of republication.[M/41/2003 Art. 19 First(5)]
- The protection period for applied art (handcrafted or manufactured) and photographs is 25 years of the date of publication, regardless of republication.[M/41/2003 Art. 19 First(6)]
United States status
[edit]In order to be hosted on Commons, all works must be in the public domain in the United States as well as in their source country. Saudi Arabia's works are currently in the public domain in the United States if their copyright had expired in Saudi Arabia on the URAA date of restoration (Dec. 11, 2005).[4]
- Photographic work or work of applied art: copyright has expired in the U.S. if published prior to 1979
- Sound works, audio-visual works, films or collective works: copyright has expired in the U.S. if published prior to 1954
- Broadcast materials: copyright has expired in the U.S. if transmitted prior to 1979
- Other works with an identifiable author: copyright has expired in the U.S. if author died prior to 1954
- Work whose author is unknown or was published by a corporate entity: copyright has expired in the U.S. if published prior to 1954.
Not protected
[edit]Under the Copyright Law (M/41 of 30 August 2003), protection does not cover the following[M/41/2003 Art. 4]:
- Laws and Judicial judgments, decisions of administrative bodies, international agreements and all official documents, as well as the official translations thereof, subject to the provisions concerning the circulation of these documents.
- Daily news or news-like events that are published in newspapers, magazines, periodicals, or broadcasts.
- Ideas, procedures, work methods, concepts of mathematical sciences, axioms and abstract facts.
Copyright tags
[edit]- {{PD-Saudi Arabia}} – photos, films, sound and artistic works 25 years after publication, starting from the publication date.
- {{PD-Saudi Arabia Gov}} - laws and judicial judgments, decisions of administrative bodies, international agreements and all official documents, as well as the official translations thereof
Currency
[edit]Not OK
Freedom of panorama
[edit]Not OK {{NoFoP-Saudi Arabia}}
- The Copyright Law detailed in the Royal Decree No. M/41, 2 Rajab, 1424 (30.08.2003) and the Implementing Regulations contain no mention of freedom of panorama permitting commercial uses of photographs of architecture and public art still under their designers' copyrights.
- Even taking pictures of sites not covered by copyrights may be challenged, and photographers operating in Saudi Arabia have found it useful to carry a copy of a decree allowing taking pictures from public places. For purposes of Wikimedia Commons, such restrictions are non-copyright restrictions and image files that may show restricted sites can be kept, unless these show a recent work by architects or sculptors who are not yet dead for more than 50 years.[5][6][7]
Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Saudi Arabia. On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."
See also
[edit]Citations
[edit]- ↑ a b Saudi Arabia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2023-08-07.
- ↑ Copyright Law (promulgated by Royal Decree No. M/41 of 2 Rajab, 1424 (August 30th,2003)). Saudi Arabia (2003). Retrieved on 2023-08-07. (Archive)
- ↑ Implementing Regulations of 2003 Copyright Law. Retrieved on 2019-03-23. (Archive)
- ↑ Circular 38a: International Copyright Relations of the United States (PDF) p. 9. United States Copyright Office (March 2009). Retrieved on 2009-06-08.
- ↑ KSA_photography_decree.pdf Photography decree (in Arabic). (Archive)
- ↑ Photography_System_Brochure_40888.pdf (in English). (Archive)
- ↑ Commons:Village pump/Archive/2012/09#Photography in Saudi Arabia
COM:Senegal
Senegal
Copyright rules: Senegal Shortcut: COM:SENEGAL | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Create/publish + 70 years |
Posthumous | Publish + 70 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
Common licence tags | {{PD-Senegal}} |
ISO 3166-1 alpha-3 | SEN |
Treaties | |
Berne convention | 25 August 1962 |
Bangui Agreement | 8 February 1982 |
WTO member | 1 January 1995 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 18 April 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 Senegal relevant to uploading works into Wikimedia Commons. Note that any work originating in Senegal must be in the public domain, or available under a free license, in both Senegal 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 Senegal, refer to the relevant laws for clarification.
Background
[edit]The French established rule of what is now Senegal in the 19th century. On 4 April 1959 Senegal and the French Sudan merged to form the Mali Federation, which became fully independent on 20 June 1960. The Federation broke up on 20 August 1960, when Senegal and the Republic of Mali each proclaimed independence.
Senegal has been a member of the Berne Convention since 25 August 1962, the Bangui Agreement since 8 February 1982, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 18 April 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights as the main copyright law enacted by the legislature of Senegal.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
The 2008 law repealed Law No. 73-52 of December 4, 1973 on Copyright Protection; Law No. 86-05 of January 24, 1986 and all earlier provisions contrary to the 2008 law.[2008-09 Article 162] The 2008 law applied to works that had not yet fallen into the public domain.[2008-09 Article 161] This did not apply to posthumous works.[2008-09 Article 161]
General rules
[edit]According to the Law No. 2008-09 of January 25, 2008 on Copyright and Related Rights,
- The author's economic rights shall last for his or her lifetime and for 70 years after his death.[2008-09 Article 51]
- The economic rights in a work of joint authorship shall last for the lifetime of the last surviving author and for 70 years after his death.[2008-09 Article 52]
- The economic rights in a work published anonymously or under a pseudonym shall last for 70 years from publication or, if publication has not occurred within 70 years of creation of the work, for 70 years after such creation.[2008-09 Article 53]
- The economic rights in a posthumous work shall last for 70 years from the disclosure of the work.[2008-09 Article 54]
The periods provided for above expire at the end of the calendar year during which they would normally expire.[2008-09 Article 55]
Currency
[edit]Unsure West African CFA franc used in Senegal has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law[3], but it is not known if it also applies to West African CFA franc.
See also: COM:CUR France
Freedom of panorama
[edit]Not OK {{NoFoP-Senegal}}. Senegalese freedom of panorama, as it is currently in effect, does not permit commercial uses of images of artistic works in public spaces. However, non-commercial licensing is not allowed on Wikimedia Commons. Nevertheless, it should be fine if the copyrighted artistic work is not the main subject of the image (that is, de minimis presence).
- The author may not prohibit the reproduction or communication of a graphic or three dimensional work that is permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction, broadcast or communication and is used for commercial purposes.[2008-09 Article 46]
The freedom of panorama provision of the repealed 1973 copyright act is also not acceptable to Commons, as it was only valid for audio-visual media: "It shall be lawful to reproduce, for the purposes of cinematography, television and communication to the public, works of figurative art and of architecture permanently located in a place where they can be viewed by the public or are included in the film or in the broadcast only by way of background or as incidental to the essential matters represented."[1973 Article 14]
Threshold of originality
[edit]Works of the mind may enjoy protection only if they are original. "Originality" means the work bears the stamp of the author's personality.[2008-09 Article 7]
See also
[edit]Citations
[edit]- ↑ a b Senegal Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights. Senegal (2008). Retrieved on 2018-11-03.
- ↑ [5]
COM:Serbia
Serbia
Copyright rules: Serbia Shortcut: COM:SERBIA | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Audiovisual | Life + 70 years |
Collective | Publish + 70 years |
Other | |
Freedom of panorama | Yes |
Terms run to year end | Yes |
Common licence tags |
{{PD-Serbia}} {{PD-SerbiaGov}} |
ISO 3166-1 alpha-3 | SRB |
Treaties | |
Berne convention | 17 June 1930 (as inherited from Yugoslavia) |
Univ. Copyright Convention | 28 April 1992 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 13 June 2003 |
*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 Serbia relevant to uploading works into Wikimedia Commons. Note that any work originating in Serbia must be in the public domain, or available under a free license, in both Serbia 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 Serbia, refer to the relevant laws for clarification.
Background
[edit]The present state of Serbia was formed when the much-reduced Federal Republic of Yugoslavia, renamed the State Union of Serbia and Montenegro in 2003, broke up into Serbia and Montenegro in 2006. In 2008 Kosovo declared its independence of Serbia.
Serbia has been a member of the Berne Convention since 17 June 1930 as inherited from the former Yugoslavia, to which the declaration of continuation made on 19 September 2006, and the WIPO Copyright Treaty since 13 June 2003.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Official Gazette Republic of Serbia No. 104/2009, 99/2011, 119/2012 and 29/2016) as the main IP law enacted by the legislature of Serbia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The government of Serbia holds Serbian and English texts of the 2009 law on their website.[3][4]
General rules
[edit]A work published in Serbia will be in the public domain if its copyright expired pursuant to the former Yugoslav Copyright Act of 1978 which provided for copyright term of the life of the author plus 50 years, respectively 25 years for photograph or a work of applied art. This applies to works already in the public domain on or before December 29, 2004 when a new copyright act became valid. The work must meet one of the following criteria:
- A work of known authorship and the author died before January 1, 1954
- An anonymous work published before January 1, 1954
- A photograph or a work of applied art published before January 1, 1973
According to the 2009 Copyright Law of Serbia,
- Pecuniary rights last for the life of an author and 70 years after his/her death.[104/2009 Art.102(1)]
- Moral rights of an author last even after the expiration of his/her pecuniary rights.[104/2009 Art.102(2)]
- If an author has created a work as an employee in the performance of his/her duties, the employer ... holds exclusive pecuniary rights on its exploitation ... for 5 years from completion of that work.[104/2009 Art.98(1)] The author then acquires the exclusive pecuniary rights.[104/2009 Art.98(3)]
- Co-authors’ pecuniary rights expire 70 years from the death of the author that was the last to die.[104/2009 Art.103(1)]
- Pecuniary rights for an anonymous or pseudonymous work expire 70 years from the date of its disclosure if the author's identity is not revealed during this term.[104/2009 Art.103(2)]
- Copyright on collective works lasts for 70 years from the date of the legal publication of the work.[104/2009 Art.103(3)]
- The term of protection of a film expires 70 years from the death of director, scriptwriter, dialogue author or the author of the music specifically composed for the film, whoever dies last.[104/2009 Art.104(2)]
- The term of copyright protection expires 70 years from the creation of the work if the term of its protection is not calculated from the date of death of the author or co-author and if it has not been lawfully published during such period of time.[104/2009 Art.105]
- All time periods used to determine expiration date of pecuniary rights of an author are calculated from 1 January of the year following the one in which the event relevant for the beginning of the period had occurred.[104/2009 Art.106]
Not protected
[edit]According to the 2009 Copyright Law of Serbia,
- The protection of copyright shall not apply to general ideas, procedures and methods of operations or mathematical concepts as such, as well as concepts, principles and instructions included in a work of authorship.[104/2009 Art.6(1)]
- The following shall not be deemed works of authorship: 1) Laws, decrees and other regulations; 2) Official materials of state bodies and bodies performing public functions; 3) Official translations of regulations and official materials of state bodies and bodies performing public functions; 4) Submissions and other documents presented in the administrative or court proceedings.[104/2009 Art.6(2)]
Copyright tags
[edit]- {{PD-SerbiaGov}} – for public domain Serbian official works, state symbols, money etc.
- {{PD-Serbia}} – for works whose author died before 1954 or published before 1954 if anonymous (public domain prior to introduction of the new law in 2004)
- {{PD-SCGGov}} – for public domain Serbian-Montenegro official works, state symbols, money etc.
Freedom of panorama
[edit]OK {{FoP-Serbia}}, if the work is displayed in an open public space. Under the 2009 copyright law,
- Any work that is permanently displayed in a street, a square or some other open public place may be reproduced in two dimensions and its copies thus made may be distributed, as well as communicated to the public in some other way, without the author's permission and without paying remuneration.[104/2009 Art.51]
Currency
[edit]See also
[edit]- Србија
- Category:License tags of Serbia
- Commons:Copyright rules by territory/Yugoslavia
- Commons:Copyright rules by territory/Montenegro
- Commons:Copyright rules by territory/Kosovo
- Category:Serbian FOP cases
Citations
[edit]- ↑ a b Serbia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law on Copyright and Related Rights (Official Gazette Republic of Serbia No. 104/2009, 99/2011, 119/2012 and 29/2016). Serbia (2016). Retrieved on 2018-11-13.
- ↑ Copyright Law from 2009 (in Serbian). (Archive)
- ↑ Copyright Law from 2009 (in English). (Archive)
COM:Seychelles
Seychelles
Copyright rules: the Seychelles Shortcut: COM:Seychelles | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Create/publish + 50 years |
Audiovisual | Create/publish + 50 years |
Applied art | Create + 25 years |
Other | |
Freedom of panorama | Until July 31, 2014 |
Terms run to year end | Yes |
Common licence tags | {{PD-Seychelles}} |
ISO 3166-1 alpha-3 | SYC |
Treaties | |
WTO member | 26 April 2015 |
URAA restoration date* | 26 April 2015 |
*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 Seychelles relevant to uploading works into Wikimedia Commons. Note that any work originating in the Seychelles must be in the public domain, or available under a free license, in both the Seychelles 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 Seychelles, refer to the relevant laws for clarification.
Background
[edit]Britain assumed control of the Seychelles upon the surrender of Mauritius in 1810, formalised in 1814 at the Treaty of Paris. The Seychelles became a crown colony separate from Mauritius in 1903. The Seychelles became independent on 29 June 1976.
The Seychelles has been a member of the World Trade Organization since 26 April 2015, as well as various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the "Copyright Act, 2014 (Act No. 5 of 2014)" as the main IP law enacted by the legislature of the Seychelles.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
This act repealed the Copyright Act (Cap 58) of 31 March 1984.[5/2014 Section 38(1)] However, any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act shall continue to subsist.[5/2014 Section 38(2c)]
General rules
[edit]According to the earlier Copyright Act, Chapter 51, enacted 1984, amended 1991, a work first published in the Seychelles is now in the public domain if it meets one of the following criteria:
- It is an anonymous work or pseudonymous work and 25 years have passed since the year of its publication
- It is a sound recording and 50 years have passed since the date of its creation
- It is a photographic work or film and 25 years have passed since the year of its publication
- It is literary, musical or artistic work other than photograph and 25 years have passed since the year of death of the author (or last-surviving author)
- It is a government work and 25 years have passed since the year of its publication
According to the more recent Copyright Act, 2014, which does not appear to be retroactive,
- The economic and moral rights shall be protected during the life of the author and for 50 years after his or her death.[5/2014 Section 19(1)]
- In the case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for fifty years after his or her death.[5/2014 Section 19.(2)]
- In the case of an audio-visual work, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public by publication or by any other means, whichever date is the latest.[5/2014 Section 19.(3)]
- In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public, by publication or by any other means whichever date is the latest.[5/2014 Section 19.(4)]
- In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.[5/2014 Section 19.(5)]
The period provided for·under subsections (1) to (5) shall run to the end of the calendar year in which it would otherwise expire.[5/2014 Section 19.(6)]
Copyright tags
[edit]- {{PD-Seychelles}} – for the following types of works:
- a) photographs and films 25 years after first publication;
- b) sound recordings 25 years after creation;
- c) literary, musical or artistic works other than photographs 25 years after the author's death.
Freedom of panorama
[edit]- Not OK for depictions (like photos and videos) of artistic works published on Wikimedia Commons on or after August 1, 2014. {{NoFoP-Seychelles}}
- OK for depictions of artistic works published on Wikimedia Commons until July 31, 2014. {{FoP-Seychelles}}
The Seychelles Copyright Act of 1991 sets forth that "4. The reproduction, distribution of copies or inclusion in a film or broadcast of an artistic work permanently on view to the public" are "acts not controlled by copyright." (Schedule 1; Sections 10, 11 12 (sic) and 13).
There is no comparable provision in the 2014 act, as well as the original 1991 term seems removed by this revision. The 2014 act took effect on August 1, 2014. However, a transitional clause exists at 38(2)(b): "the licences or authorisation granted under the repealed Act shall continue to operate as licences or authorisation, as the case may be, for the purposes of this Act, until the expiration or revocation of such licence or authorisation." This indicates the freedom of panorama licence granted by the old copyright act is still in effect for representations made before the aforementioned date, and images that were uploaded on Wikimedia Commons before the aforementioned date are still permitted.
Recent discussion/s: Commons:Village pump/Copyright/Archive/2021/09#Clarification on Seychellois FOP.
Stamps
[edit]- Before June 1976
use {{PD-UKGov}} Seychelles was a British colony until June 1976; its stamps of the colonial era are covered by the "Crown Copyright", which expires after 50 years and puts the stamps in the public domain (see Crown copyright and {{PD-UKGov}}).
- Before 1999
use {{PD-Seychelles}}.
- After 1999
Postage stamps first published 25 years ago or later are not in the public domain, and should not be uploaded.
See also
[edit]Citations
[edit]- ↑ a b Seychelles Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Copyright Act, 2014 (Act No. 5 of 2014). Seychelles (2018). Retrieved on 2018-11-03.
COM:Sierra Leone
Sierra Leone
Copyright rules: Sierra Leone Shortcut: COM:SIERRA LEONE | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Create + 50 years |
Anonymous | Create/publish + 50 years |
Audiovisual | Create/publish + 50 years |
Collective | Create/publish + 50 years |
Applied art | Create + 25 years |
Other | |
Freedom of panorama | No |
ISO 3166-1 alpha-3 | SLE |
Treaties | |
WTO member | 23 July 1995 |
This page provides an overview of copyright rules of Sierra Leone relevant to uploading works into Wikimedia Commons. Note that any work originating in Sierra Leone must be in the public domain, or available under a free license, in both Sierra Leone 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 Sierra Leone, refer to the relevant laws for clarification.
Background
[edit]The British Crown founded a settlement in Sierra Leone in 1787 as a home for African-Americans they had freed during the American Revolutionary War. Sierra Leone became independent from the United Kingdom on 27 April 1961.
Sierra Leone has been a member of the World Trade Organization since 23 July 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2011 (Act No. 8 of 2011) as the main copyright law enacted by the legislature of Sierra Leone.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]- The economic and moral right of an author is protected during their life and for 50 years after their death. The moral right exists in perpetuity .[Section 21(1/2)]
- The economic and moral right in a work of joint authorship is protected during the life of the last surviving author and for 50 years after their death.[Section 21(3a)]
- A collective work other than a work of applied art or an audiovisual work is protected for 50 years from when it was made, first made available to the public or first published, whichever is last.[Section 21(3b)]
- An anonymous work or pseudonymous work is protected for 50 years from when it was made, first made available to the public or first published, whichever is last, as long as the author does not become known.[Section 21(3c)]
- A work of applied art is protected for 25 years from when it was made.[Section 21(3d)]
All the above periods of protection run to the end of the calendar year in which it would otherwise expire.[Section 21(4)]
- When copyright in a work is owned by a public corporation or other body corporate, protection last for 50 years from the date the work was made public.[Section 22]
- A photograph is protected until 50 years after the date the work was made.[Section 25]
Educational, scientific, cultural, and public interest
[edit]According to the Copyright Act, 2011, the publication of a portrait without the authorization of the copyright holder is allowed as long as it is for scientific, educational or cultural purposes in general or for events of public interest.[Section 33(1)]
Folklore
[edit]An expression of folklore is protected by copyright against reproduction, communication to the public and adaptation when the expression is made for commercial purposes or outside a traditional or customary context. The right to authorize such an act vests in the Minister responsible for trade.[ Section 9]
Public domain: not free
[edit]See also: Commons:Paying public domain
Works in the public domain include works with expired terms of protection, works by authors who have renounced their rights and foreign works that do not enjoy protection in Sierra Leone. Subject to payment of a fee to be prescribed by the Registrar a work that has fallen into the public domain may be used without any restriction. These fees will be used to promote institutions that operate for the advancement of authors, performers, producers of sound recording, translators and the arts in general.[8/2011 Section 48]
Currency
[edit]Not OK: Government works are copyrighted.[8/2011 Section 8]
Freedom of panorama
[edit]Not OK: The Copyright Act 2011 Part IV: Permitted use of copyright does not include any exemption that allows reproduction for commercial purposes of protected works that are displayed in public.
See also
[edit]Citations
[edit]- ↑ a b Sierra Leone Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Copyright Act, 2011 (Act No. 8 of 2011). Sierra Leone (2011). Retrieved on 2018-11-05.
COM:Singapore
Singapore
Copyright rules: Singapore Shortcut: COM:SINGAPORE | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Posthumous | Publish + 70 years |
Government | Publish + 70 years |
Other | |
Freedom of panorama | For 3D works and "works of artistic craftsmanship" |
Terms run to year end | Yes |
Common licence tags |
{{PD-SG-artisticwork}} {{PD-SG-photo}} {{PD-Singapore}} |
ISO 3166-1 alpha-3 | SGP |
Treaties | |
Berne convention | 21 December 1998 |
WTO member | 1 January 1995 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 17 April 2005 |
*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 Singapore relevant to uploading works into Wikimedia Commons. Note that any work originating in Singapore must be in the public domain, or available under a free license, in both Singapore 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 Singapore, refer to the relevant laws for clarification.
Background
[edit]The British East India Company established a trading post on Singapore island in 1819, which became a British crown colony in 1858. Singapore gained independence in 1963 as part of Malaysia, then became a sovereign nation in 1965.
Singapore has been a member of the Berne Convention since 21 December 1998, the WIPO treaty since 17 April 2005 and the World Trade Organization since 1 January 1995.[1]
As of 2021 the Singapore Government's Singapore Statutes Online website provided the text of the Copyright Act 2021 (Act 22 of 2021)[2], which repeals and re-enacts the former Copyright Act (Chapter 63).[3] Except provisions related to collective management organizations, the Copyright Act 2021 came into operation on 21 November 2021. The World Intellectual Property Organization (WIPO), a United Nations Agency, listed the Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018) was the main copyright law enacted by the legislature.[1] WIPO holds a copy of this act in their WIPO-LEX database.[4]
Definitions
[edit]Under the Copyright Act (Chapter 63) as amended up to 2018, Section 7,[63/2006-2018 Section 7]
- Artistic work means: (a) a painting, sculpture, drawing or engraving, whether the work is of artistic quality or not; (b) a building or model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies.
- Broadcast means broadcast by wireless telegraphy, which means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy.
- Cable programme is a programme which is included in a cable programme service.
- Cable programme service means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either (a) for reception, otherwise than by wireless telegraphy, at two or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or (b) for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons.
- Cinematograph film is the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown, and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images.
- Compilation means (a) a compilation, or table, consisting wholly of relevant materials or parts of relevant materials; (b) a compilation, or table, consisting partly of relevant materials or parts of relevant materials; or (c) a compilation, or table, of data other than relevant materials or parts of relevant materials, which, by reason of the selection or arrangement of its contents, constitutes an intellectual creation.[63/2006-2018 Section 7A(3)]
- Dramatic work includes (a) a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and (b) a scenario or script for a cinematograph film.
- Drawing includes any diagram, map, chart or plan.
- Literary work includes (a) a compilation in any form, and (b) a computer program.[63/2006-2018 Section 7A(1)]
- Sound broadcast is sounds broadcast otherwise than as part of a television broadcast.
- Sound recording is the aggregate of the sounds embodied in a record, and a record is a disc, tape, paper or other device in which sounds are embodied.
- Telecommunication system is a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of (a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus.
- Television broadcast is visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.
Non-government works
[edit]Under the Copyright Act (Chapter 63) as amended up to 2018,
- The following works are in the public domain upon the expiry of 70 years after the end of the calendar year in which the authors of the works died:
- Published literary, dramatic and musical works.[63/2006-2018 Section 28(2)]
- Published and unpublished artistic works other than photographs.[63/2006-2018 Section 28(2)]
- If, before the death of the author of a literary, dramatic or musical work the work had not been published, performed in public, broadcast or included in a cable programme, and records of the work had not been offered or exposed for sale to the public, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen (that is, the work was made available to the public before or in 1953).[63/2006-2018 Section 28(3)]
- If, before the death of the author of an engraving the work had not been published, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published (that is, it was first published before or in 1953).[63/2006-2018 Section 28(5)]
- An anonymous or pseudonymous literary, dramatic and musical work is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published (that is, it was first published before or in 1953).[63/2006-2018 Section 29(1)] The work ceases to be in the public domain if at any time before the 70-year period expires the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.[63/2006-2018 Section 29(2)]
- A photograph is in the public domain in the following situations:
- If it was taken before 10 April 1987, 70 years have passed since the end of the calendar year in which it was taken (that is, it was taken before or in 1953).[63/2006-2018 Section 212]
- If it was taken on or after 10 April 1987, 70 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 28(6)]
- A published edition of a work or works is in the public domain in the following situations:
- If it was first published before 10 April 1987.[63/2006-2018 Section 223]
- If it was published on or after 10 April 1987, 25 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 96] The copyright in a published edition protects the typographical format of the edition, which is separate from any copyrights in the work recorded. Therefore, even if the copyright in the typographical format has expired, the distinct copyright in the text (which is a literary work) and in illustrations or photographs (which are artistic works) may still be subsisting.[5] Do not upload files containing such works unless another licence such as {{PD-SG-lifetimepub}} or {{PD-SG-photo}} is applicable.
- A cinematograph film is in the public domain in the following situations:
- If it was made before 10 April 1987.[63/2006-2018 Section 220]
- If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
- A sound recording is in the public domain in the following situations:
- If it was made before 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was made (that is, it was made before or in 1953).[63/2006-2018 Section 219(4)]
- If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]
- A television broadcast, sound broadcast or cable programme is in the public domain in the following situations:
- If the broadcast was made or the cable programme included in a cable programme service before 10 April 1987.[63/2006-2018 Section 222(a), 224]
- If the broadcast was made or the cable programme included in a cable programme service on or after 10 April 1987 —
- The television or sound broadcast is a repetition of a broadcast made before that date.[63/2006-2018 Section 222(b)]
- 50 years have passed since the end of the calendar year in which the broadcast was first made or the cable programme was first included in a cable programme service.[63/2006-2018 Section 94,95]
Government works
[edit]Under the Copyright Act (Chapter 63) as amended up to 2018,
- A literary, dramatic or musical work made by or under the direction or control of the Government is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published by or under the direction or control of the Government.[63/2006-2018 Section 197(3)(b)]
- An artistic work made by or under the direction or control of the Government is in the public domain in the following situations:
- If it is a photograph —
- made before 10 April 1987, 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4), 231]
- made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
- If it is an engraving, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
- If it is an artistic work other than an engraving or a photograph, if 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4)]
- If it is a photograph —
- A cinematograph film made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
- If it was made before 10 April 1987, it is an original dramatic work that is in the public domain, and photographs forming part of the film are also in the public domain (see the preceding paragraphs).[63/2006-2018 Section 233]
- If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
- A sound recording made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
- If it was made before 10 April 1987, 70 years have passed since the expiration of the calendar year in which the recording was made.[63/2006-2018 Section 219(4), 232]
- If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]
Copyright tags
[edit]- {{PD-SG-artisticwork}} – for published and unpublished artistic works other than photographs.
- {{PD-SG-broadcast}} – for television and sound broadcasts, and cable programmes included in cable programme services.
- {{PD-SG-edition}} – for published editions of a work or works.
- {{PD-SG-film}} – for cinematograph films.
- {{PD-SG-lifetimepub}} – for literary, dramatic and musical works published in the author's lifetime.
- {{PD-SG-photo}} or {{PD-Singapore}} – for photographs.
- {{PD-SG-posthumouspub}} – for posthumously published literary, dramatic and musical works, and engravings.
- {{PD-SG-soundrec}} – for sound recordings.
- {{PD-SG-unknownauthor}} – for anonymous and pseudonymous literary, dramatic and musical works.
- {{FoP-Singapore}} – for a work that may be free under Singapore's freedom of panorama rules. A free license or public domain tag is also needed.
Currency
[edit]Not OK. The copyright in the designs of banknotes and coins is held by the Government of Singapore. The designs may be regarded either as engravings, or as artistic works other than engravings or photographs, made by or under the direction or control of the Government, and under the Copyright Act (Cap. 63, 2006 Rev. Ed.):
- an engraving enters the public domain after 70 years have passed since the end of the calendar year in which the work was first published; and
- an artistic work other than an engraving or a photograph enters the public domain after 70 years have passed since the end of the calendar year in which the work was made.
De minimis
[edit]Under section 10(1) of the Copyright Act (Cap. 63, 2006 Rev. Ed.) of Singapore, unless a contrary intention appears:
- a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and
- a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be.
Therefore, acts done in relation to insubstantial parts of a work or other subject-matter do not breach copyright.
Freedom of panorama
[edit]- OK for 3D objects and some 2D objects = {{FoP-Singapore}}
- Not OK for paintings, drawings, engravings, and photographs
Freedom of panorama is granted to several types of artistic works in public spaces by Section 265 of the Copyright Act 2021 (Act 22 of 2021). Subsection 1 of the section enumerates works eligible for the Singaporean freedom of panorama: buildings or models of buildings; sculptures situated "other than temporarily" in public spaces or "premises open to the public"; and works of artistic craftsmanship.
Subsection 2 allows publications of the aforementioned eligible works in paintings, drawings, photographs, engravings, films, and television broadcasts or cable programmes. With the exception of the last-mentioned type of representation, publications of such representations are only permitted if the representations are "made on or after 10 April 1987."[22/2021 Section 265(2)(b)(i) and (d)(i)]
If the paintings, drawings, engravings, and photographs of buildings, permanent sculptures, and/or works of artistic craftsmanship were made before that date, the law permits publications if "the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(b)(ii)] Similar condition exists for films: "the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(d)(ii)] Paragraph (a) states the following permitted use: "making a painting, a drawing, an engraving or a photograph of the work." For paragraph (c), "including the work in a film." See also Commons:Village pump/Copyright/Archive/2021/10#Singapore New Copyright Act Gazetted.
Section 20(1)(a) of the copyright law provides definitions for artistic works:
- a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not);[22/2021 Section 20(1)(a)(i)]
- a building or a model of a building (whether the building or model is of artistic quality or not);[22/2021 Section 20(1)(a)(ii)]
- a work of artistic craftsmanship to which neither sub-paragraph (i) nor (ii) applies[22/2021 Section 20(1)(a)(iii)]
This means that the Singaporean freedom of panorama does not apply to two-dimensional works such as billboards, posters and paintings in a gallery, even if these are permanently displayed in a public place. It does include some 2D works that are works of artistic craftsmanship, such as textiles.
For artistic works that are not eligible for the Singaporean freedom of panorama, incidental inclusion is provided through Section 266 of the law, but only "in a film, television broadcast or cable programme," not photographs.
Stamps
[edit]All stamps are under the copyright of the Infocomm Development Authority of Singapore (IDA). No stamps may be reproduced without paying royalties to the IDA, if requested. According to Singapore's copyright law, stamps become public domain 70 years after the death of the engraver or 70 years after their issuance, if governmental work. Use {{PD-SG-artisticwork}}.
The Singapore Philatelic Museum has been appointed to administer approval for reproduction.[6]
Threshold of originality
[edit]- For logos
Likely not OK for most logos. The level of originality required for copyright protection is presumably very low.
Because Singapore was a territory of the United Kingdom until 1963, Singapore law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.
- For buildings
Assume all Singaporean buildings as copyrighted, regardless of design or artistry involved. Copyright Act 2021 (Act 22 of 2021) explicitly considers all buildings as artistic works: a building or a model of a building (whether the building or model is of artistic quality or not).[22/2021 Section 20(1)(a)(ii)] Please use {{FoP-Singapore}} even to plain-looking Singaporean buildings instead of {{PD-structure|SGP}}.
See also
[edit]- Singapore
- Category:License tags of Singapore
- Category:Stamps of Singapore
- Category:Singapore FOP cases
Citations
[edit]- ↑ a b Singapore Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Copyright Act 2021. Singapore. Retrieved on 2021-12-02.
- ↑ Copyright Act (Chapter 63) revised edition 2006. Singapore. Retrieved on 2018-11-11.
- ↑ Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018). WIPO. Retrieved on 2019-01-28.
- ↑ Para. 2.40, George Wei (1989) The Law of Copyright in Singapore, Singapore: Singapore National Printers
- ↑ Stamps Copyright. Singapore Philatelic Museum. Retrieved on 2019-03-23.
COM:Slovakia
Slovakia
Copyright rules: Slovakia Shortcut: COM:SLOVAKIA | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Create/publish + 70 years |
Audiovisual | Life + 70 years |
Other | |
Freedom of panorama | Yes |
Terms run to year end | Yes |
Common licence tags |
{{PD-old-auto}} {{PD-SlovakGov}} |
ISO 3166-1 alpha-3 | SVK |
Treaties | |
Berne convention | 1 January 1993 |
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 Slovakia relevant to uploading works into Wikimedia Commons. Note that any work originating in Slovakia must be in the public domain, or available under a free license, in both Slovakia 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 Slovakia, refer to the relevant laws for clarification.
Governing laws
[edit]Slovakia was formed on 1 January 1993 when Czechoslovakia was peacefully dissolved into the Czech Republic and Slovakia.
Slovakia has been a member of the Berne Convention since 1 January 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Act No. 185/2015 Coll. on Copyright and Related Rights (as amended by Act No. 125/2016 Coll.) as the main copyright law enacted by the legislature of Slovakia.[1] WIPO holds an English-language version of the text of this law in their WIPO Lex database.[2] Slov-Lex holds the text in Slovak.[3]
General rules
[edit]Under Act No. 185/2015 Coll. as amended by Act No. 125/2016 Coll,
- Economic rights run from the moment of creation of the work for the life of the author and 70 years after his death.[125/2016 Section 32(1)]
- In case of co-authorship, economic rights run for the life of the last surviving from the co-authors and for 70 years after his death.[125/2016 Section 32(1)]
- Where an audiovisual work is created as a work of co-authorship, economic rights run for the life of the last surviving from the director, script author, dialogues author and author of music created especially for this work and 70 years after his death.[125/2016 Section 32(1)]
- Rights to an unpublished work run for 25 years after releasing the work.[125/2016 Section 32(2)]
- For pseudonymous and anonymous works, economic rights run for 70 years after its lawful releasing. If it was not released within 70 years after its creation, economic rights expire after elapsing of this period.[125/2016 Section 32(3)]
- Where a work was created for an employer and was released without indication of name of the author, economic rights run for 70 years after its lawful releasing. If it was not released within 70 years after its creation, economic rights expire after elapsing of this period.[125/2016 Section 32(4)]
- Where a musical work is merged with a literary work, which were originally created in order to be merged, economic rights with respect to these works run for the life of the last surviving author of these works and 70 years after his death.[125/2016 Section 32(5]
The period of protection of economic rights expires upon the last day of the calendar year in which the period of protection of economic rights has elapsed.[125/2016 Section 32(7)]
Not protected
[edit]The following are not subject to copyright:[125/2016 Section 5]
- Text of legislation, a decision of public authority or a court decision, technical standard, including draft materials and translations thereof
- Land-use planning documents
- State symbol, municipality symbol, symbol of self-governing region; this does not apply to a work which formed the basis for creating of such symbol,
- Speech presented in discussions on public affairs
- Daily news: information on events or circumstances. A work discussing daily news is not considered daily news
- Work of traditional folk culture
Copyright tags
[edit]- {{PD-SlovakGov}} – for public domain Slovak official works, public documents, etc.
Currency
[edit]Not OK. The Slovak National Bank does not provide information about copyright on images of currency.[4] Some third parties, such as shops, have been granted permission to deal with Slovakian currency.[5] Slovakia has used the Euro since 2009. See COM:CRT/European Union Currency for more information.
Freedom of panorama
[edit]OK {{FoP-Slovakia}} Under Act No. 185/2015 Coll. as amended by Act No. 125/2016 Coll,
- Copyright is not infringed by a person who without authorisation of its author uses the work permanently situated in public places by making copies, communication to the public or public distribution by transfer of title.[125/2016 Section 41(1)]
- The above does not apply to making a copy of architectural work by means of building.[125/2016 Section 41(2)]
See also
[edit]Citations
[edit]- ↑ a b Slovakia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Act No. 185/2015 Coll. on Copyright and Related Rights (as amended by Act No. 125/2016 Coll.). Slovakia (2016). Retrieved on 2018-11-13.
- ↑ Slovak copyright law as of 2016 (in Slovak). Slov-Lex (2016). Retrieved on 2018-12-04.
- ↑ Slovak koruna currency. Národná banka Slovenska. Retrieved on 2019-02-10.
- ↑ The Bank's contractual partners for the sale of numismatic materials. Národná banka Slovenska. Retrieved on 2019-02-10.
COM:Slovenia
Slovenia
Copyright rules: Slovenia Shortcut: COM:SLOVENIA | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
Common licence tags |
{{PD-Slovenia}} {{PD-Slovenia-exempt}} |
ISO 3166-1 alpha-3 | SVN |
Treaties | |
Berne convention | 17 June 1930 (as inherited from Yugoslavia) |
WTO member | 30 July 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 Slovenia relevant to uploading works into Wikimedia Commons. Note that any work originating in Slovenia must be in the public domain, or available under a free license, in both Slovenia 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 Slovenia, refer to the relevant laws for clarification.
Background
[edit]Slovenia was part of Austria-Hungary until October 1918, when it became part of the Kingdom of Serbs, Croats and Slovenes. This became the Kingdom of Yugoslavia in 1929, and the Republic of Yugoslavia in 1945. Slovenia became independent of Yugoslavia in June 1991.
Slovenia has been a member of the Berne Convention since 17 June 1930 as inherited from the former Yugoslavia, to which the declaration of continued application made on 12 June 1996, the World Trade Organization since 30 July 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]
While part of Yugoslavia, Slovenian works were covered by the 1978 Yugoslav Copyright Act.[2] The Slovenian Intellectual Property Office holds an English-language version of the act as in force from 13 January 2007.[3] The Official Gazette holds the Slovene original of the consolidated act as of 2007.[4] This was replaced by the Copyright and Related Rights Act of March 30, 1995.[5]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright and Related Rights Act (as amended up to October 22, 2016) as the main IP law enacted by the legislature of Slovenia.[1] WIPO holds the Slovenian language unofficial consolidated text No. 12 of this law in their WIPO Lex database.[5] It is the most recent version of the Copyright and Related Rights Act of March 30, 1995.[5]
Also relevant is the 2006 Protection of Documents and Archives and Archival Institutions Act.[6]
General rules
[edit]- Works of authors who died more than 70 years ago (in 1953 or earlier) are public domain in Slovenia. Works of authors who died later (in 1954 or later) are copyrighted.[7]
- An exception applies to the photographic and similarly-made works, and the works of applied art, which are considered free if published before 1 January 1970. The copyright on these works lasted for 25 years since the publication per the 1978 Yugoslav copyright act.[8][9] This also includes still images of videos if these images were published before 1970.[10]
- The publication right applies for all works, published for the first time on 29 April 1995 or later, even if the copyright has already expired. It lasts for 25 years starting 1 January of the year following the year of the publication.[7]
- All the durations are calculated from 1 January of the year following the year of their initial event.[12/2016 Art.673]
Under the Consolidated Copyright Act as of 2016,
- Copyright lasts for the life of the author and 70 years after his death, unless provided otherwise.[12/2016 Art.59]
- With a work of joint authorship, the expiration date in 70 years after the death of author who died last.[12/2016 Art.60(1)]
- Protection of musical works with words expire 70 years after the death of the last surviving author of music or author of the text, regardless of whether they are designated as co-authors.[12/2016 Art.60(2)]
- Copyright in anonymous and pseudonymous works runs for 70 years after the lawful disclosure of the work.[12/2016 Art.61(1)] If the pseudonym leaves no doubt about who is the author, or the author reveals his identity during the 70 year period, protection is for the author's life plus 70 years.[12/2016 Art.61(2)]
- Copyright in collective works runs for 70 years after the lawful disclosure of the work.[12/2016 Art.62] Inclusion of an individual work in a collective work does not affect the rights of the individual authors to their works.[12/2016 Art.8]
- When the duration does not run from the death of the author or authors and the work was not lawfully disclosed within 70 years from its creation, the copyright ends with expiration of this term.[12/2016 Art.63]
Copyright in the United States:
- The URAA date of 1 January 1996 applies. This means that works that were not in the public domain in Slovenia on 1 January 1996 are still copyrighted in the United States and thus not free for the purposes and scope of Commons.
- An exception has been adopted for files uploaded before 1 March 2012, which may be hosted on Commons and tagged with {{Not-PD-US-URAA}}.
Related rights duration
[edit]- The related rights start run from the day of the event:
- in the case of performances, for 50 years after the performance or in the case of its lawful disclosure, 50 years after its first publication;
- the performers' rights have expired for performances from before 29 April 1990;
- in the case of sound recordings, for 50 years after the day of the production of the recording or in the case of its lawful disclosure, 50 years after its first publication;
- the sound recording producers' rights have expired for recordings from before 1 January 1975;
- in the case of unpublished free works, for 25 years after the day of the lawful publication (the publication right);
- this applies only for works, published for the first time on 29 April 1995 or later.[7]
- in the case of critical or scientific publications of free works, for 30 years after the day of the first lawful publication;
- in the case of continued works, the term is separately calculated for each of the composing parts;
- in the case of collections, insignificant changes do not lengthen the duration of the copyright on the collection.
Not protected
[edit]Under the Consolidated Copyright Act as of 2016,
- There is no copyright protection for 1. ideas, principles, discoveries; 2. official texts of a legislative, administrative and judicial nature; 3. folk literary and artistic creations.[12/2016 Art.9(1)]
- According to a 2010 book, this also encompasses the national coat of arms, the municipal coats of arms, the anthem, urban planning maps, drawings of traffic signs, sketches and plans from the patent file after the official publication of the patent, and other similar material published due to a state jurisdiction as part of the official text, its annex or independently.[11]
- Translations of texts mentioned hereby should enjoy copyright protection, unless they are published as official texts.[12/2016 Art.9(2)]
- Certain photographs that are not an "individual intellectual creation of the photographer" are not protected. Trampuž specifically cites the following types of images:
- automated routine photographs; specifically listed: photographic automates, traffic safety images, images taken as part of the technical protection of objects, meteorological and satellite photographs
- routine photographs for documents
- average amateur photographs
- routine press photographs
- These, however, can often become an author's work, which is judged from case to case.[10]
In numerous actual cases, they have also been recognised as copyrighted.[12]
Other restrictions
[edit]In Slovenia there are restrictions on;
- publication of reproductions of public archives. An authorisation of the archival institution is needed for any publication.[13]
- the usage of the national flag, the coat of arms, and the anthem.[14]
Copyright tags
[edit]- {{PD-Slovenia}} – for works whose author died before 1954 or published before 1954 if anonymous (public domain prior to introduction of the new law in 1995).
- {{PD-Slovenia-exempt}} – for non-protected creations in Slovenia (ideas, principles, discoveries; official legislative, administrative and judicial texts; folk literary and artistic creations.)
Currency
[edit]Not OK: The copyright on the design of the tolar and other obsolete currencies as well as the national sides of the euro coins is held by the Bank of Slovenia.
Slovenia has used the Euro since 1 January 2007. See COM:CRT/European Union: Currency for more information.
De minimis
[edit]Article 52 of the Copyright and Related Rights Act:
- "Such disclosed works that may be regarded as accessory works of secondary importance with regard to the actual purpose of some material object, may be used freely while exploiting such object."[2007 Art.52]
Article 52 has been interpreted by the copyright expert Miha Trampuž in his book Copyright and Related Rights Act with Commentary. He has highlighted the following aspects: the work must have been disclosed, it must have been incidental with another object or work, it could be at will replaced with another work, and it is inessential in the copyright sense to the object or work.[10]
See Commons:Deletion requests/File:Postcard of Ljubljana, Prešeren Square (3).jpg.
Freedom of panorama
[edit]Not OK Use: {{NoFoP-Slovenia}}. Only non-commercial use allowed. Under the Consolidated Copyright Act as of 2016,
- Works permanently placed in parks, streets, squares or other public places, may be used freely.[12/2016 Art.55(1)]
- The preceding paragraph does not apply to three-dimensional copies made for the same purpose as the original work, or copies made for profit.[12/2016 Art.55(2)]
- The copy should state the source and authorship of the work, if indicated on the work.[12/2016 Art.55(3)]
OK for all works whose creators died or published them anonymously or pseudonymously (and have remained anonymous or pseudonymous) in 1953 or earlier.[15]
- Another exception is photographs of photographic and similarly-made works in a public space, and photographs of the works of applied art, which are acceptable for Commons if the original (non-derivative) work was published in 1969 or earlier. The copyright on these works lasted for 25 years from publication per the 1978 Yugoslav copyright act.[1978 Art.84]
In addition to copyright, the usage of the reproductions of "cultural monuments" for commercial purposes[16] is restricted by the Slovenian Cultural Heritage Protection Act, which requires consensus of the owner of the monument for any use of the image and name of the monument (Article 44). The definition of a cultural monument is the following (Article 3): heritage that has been statutorily protected as a monument or entered in the inventory of an authorised museum. For immovable cultural heritage, the national catalog is publicly accessible at gisportal.gov.si.[17] Wikimedia Commons is not required to comply with the Slovenian Cultural Heritage Protection Act because it is hosted in the United States of America. Users who are citizens of Slovenia are warned that they are solely responsible for any possible violation of local laws.
Threshold of originality
[edit]The threshold of originality in Slovenia depends on the field of creativity. If the maneuvering space of the possible creativity is narrower, it requires more creativity for a work to be copyrighted.[18] In this regard, the following court cases are relevant:
Applied arts:
- VSL0069492 - the design of a couch set has been found to be below the threshold.
- VS0011606 – the design of a sales stand has been found to be above the threshold.
Architecture:
- VSL00432 – only the works that constitute an original artwork are copyrighted; the renovation plan of Ljubljana Castle as well as the newly built and (at least some of) the renovated parts of the castle count as such.
Logo:
- VSL00013281 – the logo with inscription "I Feel Slovenia" [8] was found to constitute a copyrighted work.
- The court opined: "The slogan and the logo, which contains both verbal and graphic elements, do not allow them to be separated. Only the synergy of the verbal and graphic elements allows the observer to identify the overall message of the author's work."
Titles:
- VS07924 – the title "Brez zavor" (meaning "Without inhibitions") has been found to be below the threshold.
See also
[edit]- Slovenija
- Category:License tags of Slovenia
- Category:Slovenian FOP cases
- Commons:Copyright rules by territory/European Union
- Commons:Copyright rules by territory/Yugoslavia
Citations
[edit]- ↑ a b Slovenia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Yugoslav Copyright Act (Zakon o autorskom pravu) (in Serbian) (1978). Retrieved on 2019-02-04.
- ↑ Copyright and Related Rights Act as of 2007 (English translation). Retrieved on 2019-02-04.
- ↑ Zakon o avtorski in sorodnih pravicah (uradno prečiščeno besedilo) (ZASP-UPB3) (Copyright and Related Rights Act official consolidated text) (in Slovene). Official Gazette of the Republic of Slovenia issue 16/2007 (23 February 2007).
- ↑ a b c Copyright and Related Rights Act (as amended up to October 22, 2016). Slovenia. Retrieved on 2019-02-04.
- ↑ Protection of Documents and Archives and Archival Institutions Act (PDAAIA) (in English). Retrieved on 2019-02-04.
- ↑ a b c Maja Bogataj Jančič, Luka Virag, Rok Jerovšek. Modeli razčiščevanja avtorskih pravic za izbrane skupine avtorskih del za digitalizacijo in/ali objavo na Dlib.si.[6]. 29 September 2010. Retrieved 26 March 2012. Pp. 15, 20-21.
- ↑ Zakon u autorskom pravu. Službeni list SFRJ. 14 April 1978. XXXIV/19. Article 84.
- ↑ Šetinc, Lenart. Avtorskopravna ureditev fotografskih del in avtorskih del na splošni dostopnih krajih v pravnem redu Republike Slovenije. Inštitut za medijsko pravo. 11 February 2013.
- ↑ a b c Trampuž, Miha (1997) (in slovene) Zakon o avtorski in sorodnih pravicah: s komentarjem, Gospodarski vestnik
- ↑ Jančič, Maja Bogataj; Močnik, Marija Breznik; Damjan, Matija; Kovačič, Matej; Milohnić, Aldo. Upravljanje avtorskih in sorodnih pravic na Internetu - Vidik javnih inštitucij (in Slovene) [The Management of Copyright and Related Rights on Internet - The Aspect of Public Institutions]. August 2010. The Peace Institute – Institute for Contemporary Social and Political Studies; Faculty of Law, University of Ljubljana. Pg. 28.
- ↑ Zdenka Semlič - Rajh. (Slovene, with an abstract in English) Arhivi in avtorsko pravo[7] [Archives and the Copyright Law] Tehnični in vsebinski problemi klasičnega in elektronskega arhiviranja: zbornik referatov dopolnilnega izobraževanja s področij arhivistike, dokumentalistike in informatike. 2002 (1). ISSN 1581-7407. COBISS 536197. Pokrajinski arhiv. Maribor. Pp. 106-114.
- ↑ Archives and Archival Institutions Act.
- ↑ Act Regulating the Coat-of-Arms, Flag and Anthem of the Republic of Slovenia and the Flag of the Slovene Nation.
- ↑ Maja Bogataj Jančič, Luka Virag, Rok Jerovšek. Modeli razčiščevanja avtorskih pravic za izbrane skupine avtorskih del za digitalizacijo in/ali objavo na Dlib.si [Models of Clearing up Copyright for Chosen Groups of Creative Work for Digitalisation and/or Publication at Dlib.si] (in Slovene). 29 September 2010. Retrieved 26 March 2012. Pg. 20.
- ↑ Matejčič, Katarina (25 March 2003). "Previdno pri uporabi kulturnih spomenikov v oglasih". Finance.si. "Exploitation does not mean that tourists are not allowed to take photos of themselves in front of a building or that a tourist society is not allowed to promote their place with a prospect that includes a cultural monument. It is different, however, if the photography is part of a postcard, when a trademark of a castle is sold for commercial purposes."
- ↑ Register kulturne dediščine RKD (in Slovene). Retrieved on 2019-09-29.
- ↑ VSL0069492. Sodstvo Republike Slovenije. Retrieved on 29 October 2013.