Commons:Copyright rules by territory/Consolidated list Southern Europe

This page gives overviews of copyright rules in different countries of Southern Europe, as defined in the United Nations geoscheme for Europe. It is "transcluded" from individual pages giving the rules for each country. The list may be used for comparison or maintenance.

Text transcluded from
COM:Albania

Albania

Copyright rules: Albania Shortcut: COM:ALBANIA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Terms run to year end	yes
Common licence tags	{{PD-old-auto}} {{PD-Albania}} {{PD-Albania-exempt}}
ISO 3166-1 alpha-3	ALB
Treaties
Berne convention	6 March 1994
Univ. Copyright Convention	4 February 2004
WTO member	8 September 2000
URAA restoration date‌*	1 January 1996
WIPO treaty	6 August 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 Albania relevant to uploading works into Wikimedia Commons. Note that any work originating in Albania must be in the public domain, or available under a free license, in both Albania 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 Albania, refer to the relevant laws for clarification.

Governing laws

Albania became an independent country in 1912 after the defeat of the Ottoman empire in the Balkan Wars.

Albania has been a member of the Berne Convention since 6 March 1994, the World Trade Organization since 8 September 2000 and the WIPO Copyright Treaty since 6 August 2005.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights as the main copyright law enacted by the legislature of Albania. WIPO holds the text of this law in their WIPO Lex database. The law applies to works that had not yet entered the public domain under the terms of the 2016 law.^{[35/2016 Article 7]}

Wikimedia Commons holds the texts of the 1992, 2000 and 2001 laws related to copyright.

Durations

Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights,

• Except where otherwise provided in this article, work are protected during the author’s life and for for 70 years after his death.^{[35/2016 Article 41.1]}
• The property rights of a work of co-authorship are protected until the death of the last surviving author and for 70 years after his death.^{[35/2016 Article 41.3]}
• The property rights of co-authorship in a work of written music are protected running for 70 years of the death of the last surviving author, the author of the text, or the composer of the musical work, when their contribution has been specially created for the use of the musical work.^{[35/2016 Article 41.41]}
• Audiovisual works are protected for 70 years after the death of the co-authors.^{[35/2016 Article 41.5]}
• Anonymous or pseudonymous works where the author remains unknown are protected for 70 years from 1 January of year following the date the work is lawfully disclosed to the public. If the work is not lawfully disclosed to the public within 70 years from creation, copyright protection ceases to exist.^{[35/2016 Article 41.6]}
• Property rights in collections are protected for 70 years from the day of the lawful public disclosure of the work. Where the authors of works, contributions or other materials in a collection can be identified, the terms of paragraph 1 or 3 of this Article shall apply.^{[35/2016 Article 41.7]}

The terms of protection are calculated from 1 January of the following year of the author’s death, or where appropriate, of the first legal public disclosure of the work.^{[35/2016 Article 41.2]}

Not protected

Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights, the following are not protected by copyright: a. ideas, theories, concepts, discoveries and inventions of creative work, regardless of the method of interpretation, justification or expression; b. discoveries, official texts in the domain of legislation, administrative and judiciary and other official works and their collections, disclosed for the purpose of officially informing the public; c. official state symbols, symbols of organizations and public authorities, such as: the arms, the seal, the flag, the emblem, the medallion, the hallmark, the medal; ç. means of payment; d. news of the day and other news, having the character of mere items of press information; dh. Simple data and facts.^{[35/2016 Article 12.1]}

Folklore: not free

See also: Commons:Paying public domain Folklore literary and artistic creations in their original form shall not be the subject matter of copyright, but their communication to the public is subject to the payment of remuneration, as with the communication to the public of protected copyright works. The remuneration shall be used to promote and stimulate non-profit cultural and artistic works in the respective artistic and cultural domain in accordance with the rules of distribution of remuneration of collective management agencies for copyrights and other related rights.^{[35/2016 Article 12.2]}

Copyright tags

• {{PD-Albania}} – for works where the copyright has expired
• {{PD-Albania-exempt}} – for work not copyrightable under the copyright law of 2005.

Currency

OK {{PD-Albania-exempt}} Means of payment are not subject to copyright.^{[35/2016 Article 12.1ç]}

Freedom of panorama

OK See {{FoP-Albania}}.

Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights, Reproduction of works permanently found in public spaces: streets, squares, parks, rest areas and other open areas that are accessible to the public is allowed without the authorization and compensation from and towards the author or copyright holder. The works cannot be reproduced in three-dimensional form. With regard to reproduction of architectural structures, this applies only to the external appearance of the architectural structure. The source and authorship of such copies shall be indicated, when this is possible.^{[35/2016 Article 82]}

Stamps

use {{PD-Albania-exempt}}

The Albanian Government regulation on postal stamps considers stamps as means of payment (General Provisions, Article 2: "Postal stamp is used to pay for postal services .."). Means of payment are exempt from copyright, see Not protected section above.

See also

• Shqipëria
• Category:Albanian FOP cases
• Category:Stamps of Albania
• Wikisource:Category:Laws of Albania on Copyright

Citations

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

Text transcluded from
COM:Andorra

Andorra

Copyright rules: Andorra Shortcut: COM:ANDORRA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Terms run to year end	Yes
ISO 3166-1 alpha-3	AND
Treaties
Berne convention	2 June 2004
Univ. Copyright Convention	16 September 1955
URAA restoration date‌*	2 June 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 Andorra relevant to uploading works into Wikimedia Commons. Note that any work originating in Andorra must be in the public domain, or available under a free license, in both Andorra 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 Andorra, refer to the relevant laws for clarification.

Governing laws

Andorra has been a member of the Universal Copyright Convention since 16 September 1955 and the Berne Convention since 2 June 2004.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1999 Law on Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Andorra. WIPO holds the English and Catalan text of this law in their WIPO Lex database.

General rules

The 1999 Copyright law of Andorra states that,

• Except as stated below, economic and moral rights are protected during the life of the author and for 70 years after his death.^{[1999 Art. 18(1)]}
• With a work of joint authorship, the rights are protected during the life of the last surviving author and for 70 years after his death.^{[1999 Art. 18(2)]}
• With a collective work, the rights are protected for 70 years from the date on which the work was first lawfully made available to the public or, failing such an event within 70 years from the making of the work, from its making. In the event that a collective work subsequently is published with indication of the names of the persons who created the work, the provisions of paragraph 1) and 2) of this article shall apply.^{[1999 Art. 18(3)]}
• With an audiovisual work, the rights are protected during the life of the following persons and for 70 years after the death of the last of them to survive: the principal director, the author of the scenario, the author of the dialogue and the composer of music specifically created for the audiovisual work.^{[1999 Art. 18(4)]}
• With a work published anonymously or under a pseudonym, the rights are protected for 70 years from the date on which the work was first lawfully made available to the public, provided that, where the pseudonym adopted by the author leaves no doubt as to his identity, or, before the expiration of the said period, the author’s identity is revealed or is no longer in doubt, the provisions of paragraph (1) or paragraph (2) shall apply, as the case may be.^{[1999 Art. 18(5)]}
• Provisions of paragraph 3 shall apply, mutatis mutandis in cases where, under this law, a legal entity is considered to be the author. Provided that if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public, the provisions of paragraph 1) and 2) of this article shall apply.^{[1999 Art. 18(6)]}
• Every period provided for in this Article is calculated from 1 January of the year following the event which gives rise to them.^{[1999 Art. 18(8)]}

Not protected

• Copyright protection shall extend to expressions and not 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.^{[1999 Art. 4(1)]}
• No protection shall extend under this law to any official text of a legislative, administrative or legal nature, as well as any official translation thereof.^{[1999 Art. 4(2)]}

Freedom of panorama

 Not OK Andorra's 1999 copyright law includes buildings and sculptures and fine arts works among the works subject to rights of copyright.^{[1999 Art. 2]} There is no "freedom of panorama" exception.^{[1999 Art. 11]}

Note: "Copyright protection expires 70 years after the death of the original author (who is defined as the creator or designer) here. On January 1st of the following year (ie. January 1 of the 71st Year), freely licensed images of the author's 3D works such as sculptures, buildings, bridges or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for states with no formal FOP since the author's works are now copyright free."

See also

• Category:Andorran FOP cases

Citations

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

Text transcluded from
COM:Bosnia and Herzegovina

Bosnia and Herzegovina

Copyright rules: Bosnia and Herzegovina Shortcut: COM:BiH
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Collective	Publish + 70 years
Other
Common licence tags	{{PD-old-auto}} {{PD-BH-exempt}} {{PD-Bosnia and Herzegovina}}
ISO 3166-1 alpha-3	BIH
Treaties
Berne convention	3 March 1992
URAA restoration date‌*	1 January 1996
WIPO treaty	25 November 2009
*‌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 Bosnia and Herzegovina relevant to uploading works into Wikimedia Commons. Note that any work originating in Bosnia and Herzegovina must be in the public domain, or available under a free license, in both Bosnia and Herzegovina 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 Bosnia and Herzegovina, refer to the relevant laws for clarification.

Background

Following World War I, Bosnia and Herzegovina became part of the Kingdom of Yugoslavia on 1 December 1918. After World War II it was part of the newly formed Socialist Federal Republic of Yugoslavia. After the dissolution of Yugoslavia, Bosnia and Herzegovina became an independent state on 3 March 1992.

Bosnia and Herzegovina has been a member of the Berne Convention since 3 March 1992 by virtue of succession from the former Yugoslavia. The declaration of succession was deposited on 2 June 1993. Bosnia and Herzegovina acceded to the WIPO Copyright Treaty on 25 November 2009.

The Yugoslav Copyright Act of 1978 applied in Bosnia and Herzegovina until it was replaced by the Law on Copyright and Related Rights in Bosnia and Herzegovina of 2002. The 2002 Act was retroactive: "The Copyright Law (Official Gazette of the SFRY Nos. 19/78, 24/86 and 21/90), as well as legal regulations of the Entities regulating this matter which are incongruent to this Law, shall cease to be effective after this Law enters into force."^{[2002 Art 140]}

The 2002 Law was replaced by the 'Copyright and Related Rights Law and the Law on the Collective Management of Copyright and Related Rights in Bosnia of 2010. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2010 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Bosnia and Herzegovina. WIPO holds the text of this law in their WIPO Lex database.

General rules

The Yugoslav Copyright Act of 1978 provided for copyright term of the life of the author plus 50 years, and for 25 years after publication for a photograph or a work of applied art. A work published in Bosnia and Herzegovina would have entered the public domain under this act, before the new copyright act of 2002 took force, if it met one of the following criteria:

• A work of known authorship and the author died before January 1, 1952
• An anonymous work and it was published before January 1, 1952
• A photograph or a work of applied art published before January 1, 1977

Under the 2002 Copyright Act,

• Authors' property rights continued during the author's life and 70 years after his/her death.^{[2002 Art 84(1)]}
• If authors' rights belonged jointly to co-authors the 70 years term was counted from the death of the last deceased co-author.^{[2002 Art 84(2)]}
• Author's rights on an anonymous or pseudonymous work continued for 70 years as of the lawful publication of the work if the identity of the author was nt revealed.^{[2002 Art 84(3)]}
• If the holder of the author's property right was a legal entity, copyright ceased to exist after 70 years from publication of the work.^{[2002 Art 84(4)]}
• The above terms ran as of January 1 of the year immediately following the year of the author’s death or the year in which the work was published.^{[2002 Art 84(5)]}

Under the 2010 Law on Copyright and Related Rights,

• Copyright runs for the life of its author and for 70 years after his death, unless otherwise provided.^{[2010 Article 55]}
• If copyright is jointly owned by co-authors, the term is calculated from the death of the last surviving co-author.^{[2010 Article 56]}
• The copyright on an anonymous or pseudonymous work runs for 70 years from the day of the lawful disclosure of the work if the author remains unknown.^{[2010 Article 57]}
• Copyright on collective works runs for 70 years from the day of the lawful disclosure thereof.^{[2010 Article 58]}
• All the terms under this Chapter, with the exception of cases where the author withdraws, are calculated from January 1 of the year following the year in which the event as of which the commencement of a term is calculated occurred.^{[2010 Article 62]}

Transitional rules

• Works of authors who died in 1945 or earlier are public domain both in Bosnia and Herzegovina and in the United States.
• Works of authors who died in 1946–51 are public domain in Bosnia and Herzegovina but copyrighted in the United States, since the URAA date for Bosnia and Herzegovina is 1 January 1996.
• Works of authors who died in 1952 or later are copyrighted in both countries.
• An exception applies to photographic and similarly-made works, and the works of applied art.
  • There are considered free in the United States if published before 1 January 1971. The copyright on these works lasted for 25 years since publication per the 1978 Yugoslav copyright act.
  • They are public domain in Bosnia and Herzegovina if published before 1 January 1977, but are again copyrighted in the United States if published on 1 January 1971 or later.
• The publication right applies for all works published for the first time on 11 August 2010 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.

Not protected

There is no copyright protection for: ideas, concepts, procedures, work methods, mathematical operations; official texts in the domain of legislation, administration and judiciary (laws, regulations, decisions, reports, minutes, judgments and alike); political speeches and speeches made at court hearings; daily news or miscellaneous information having the character of mere items of press information; folk literary and artistic creations.^{[2010 Article 8]}

Copyright tags

• {{PD-BH-exempt}} – for works exempt from copyright under Bosnia and Herzegovina law (“ideas, plans, …, official texts, …, professional reports, …” – see license template for details)

Currency

 Not OK. Banknotes and coins of the Central Bank of Bosnia and Herzegovina can only be reproduced with the express permission of the Bank, as defined by the law «Official Gazette of BiH» 1/97, Chapter 5, Article 47.

Freedom of panorama

 Not OK The 2010 law on copyright and related rights allows only non-commercial reproduction of works in public places:

• The free use of the works permanently located in squares, parks, streets or other places accessible by the public shall be permitted.^{[2010 Article 52(1)]}
• The works referred to in paragraph (1) of this Article shall not be reproduced in three-dimensional form, used for the same purpose as the original work or used for gaining economic advantage.^{[2010 Article 52(2)]}
• In the case of the use referred to in paragraph (1) of this Article, the source and authorship must be indicated if they are indicated on the work used.^{[2010 Article 52(3)]}

The Bosnia and Herzegovina copyright law is based on the copyright law from Croatia but this article subtly differs from it, adding restrictions for commercial use.

Non-commercial license is forbidden on Wikimedia Commons as per Commons:Licensing#Forbidden licenses. See also a related discussion at Commons talk:Freedom of panorama/Archive 17#Bosnian Authorship Law and its Article 52.

See also

• Bosna i Hercegovina / Босна и Херцеговина
• Category:Bosnia and Herzegovinian FOP cases
• Category:License tags of Bosnia and Herzegovina
• Commons:Copyright rules by territory/Yugoslavia

Citations

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

Text transcluded from
COM:Croatia

Croatia

This page requires updating. In doing so, you could add a timestamp to the page. Please notify the uploader with {{subst:update-note|1=Commons:Copyright rules by territory/Consolidated list Southern Europe}} ~~~~

Copyright rules: Croatia Shortcut: COM:CROATIA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Croatia-exempt}} {{PD-Croatia}}
ISO 3166-1 alpha-3	HRV
Treaties
Berne convention	8 October 1991
WTO member	30 November 2000
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 Croatia relevant to uploading works into Wikimedia Commons. Note that any work originating in Croatia must be in the public domain, or available under a free license, in both Croatia 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 Croatia, refer to the relevant laws for clarification.

Background

Croatia was part of Austria-Hungary for many years, then from 1918 became part of the newly-formed Kingdom of Serbs, Croats and Slovenes, renamed Yugoslavia in 1929. Croatia became independent of Yugoslavia on 8 October 1991.

Croatia has been a member of the Berne Convention since independence on 8 October 1991 by virtue of succession from the former Yugoslavia. Notification of succession was given on 28 July 1992. Croatia has belonged to the World Trade Organization since 30 November 2000 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act and Acts on Amendments to the Copyright and Related Rights Act (OG Nos. 167/2003, 79/2007, 80/2011, 141/2013 and 127/2014) as the main IP law enacted by the legislature of Croatia. WIPO holds the text of these acts in their WIPO Lex database. Note that the text is not consolidated, but provides the text of the original 2003 act followed by the text of each of the amending acts.

The 2003 Act replaced the 1991 Copyright Act. This in turn replaced the 1978 Yugoslav Copyright Act.

General rules

Based on the Copyright and Related Rights Act amended up to 127/2014,

• Copyright shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully released, unless otherwise provided by this Act.^{[127/2014 Article 99]}
• If the co-authors ... are the holders of joint copyright in the created work, the term referred to in Article 99 of this Act shall be calculated from the death of last surviving co-author.^{[127/2014 Article 100(1)]}
• For audiovisual works, the term referred to in Article 99 of this Act shall be calculated from the death of the last of the following persons to survive: the principal director, the author of the screen play, the author of the dialogue, and the composer of music specifically created for use in the audiovisual work.^{[127/2014 Article 100(2)]}
• Copyright in anonymous works shall run for 70 years after the work has been lawfully disclosed. If the author discloses his identity during such period, the term of protection set out in Article 99 of this Act shall apply.^{[127/2014 Article 101]}
• Copyright in pseudonymous works shall run for 70 years after the work is lawfully disclosed. Where a pseudonym leaves no doubt as to the identity of the author, the term of protection set out in Article 99 of this Act shall apply.^{[127/2014 Article 102]}
• Where the term of protection is not calculated from the death of the author, and where the work has not been lawfully disclosed, the copyright shall expire upon the expiration of a period of 70 years from the creation of the work.^{[127/2014 Article 104]}
• Terms of copyright laid down in this Act shall be calculated from the first day of January of the year following the year in which the relevant event has occurred.^{[127/2014 Article 105]}

Former durations

A Croatian work is in the public domain under the Yugoslav Copyright Act of 1978 and the succeeding Croatian Copyright Act of 1991 if it entered the public domain on or before 27 July 1999, when the law was changed. These acts provided for a copyright term of the life of the author plus fifty years, or of 25 years for a photograph or a work of applied art. The work must meet one of the following criteria:

• It is a work of known authorship and the author died before 1 January 1949
• Is an anonymous work published before 1 January 1949
• It is a photograph or a work of applied art published before 1 January 1974. However, such a work will not be in the public domain in the United States if published after 1970.

Not protected

Based on the Copyright and Related Rights Act amended up to 127/2014,

• The subject matter of copyright shall include expressions and not ideas, procedures, methods of operation or mathematical concepts as such.^{[127/2014 Article 8(1)]}
• The subject matter of copyright shall not include:
  • discoveries, official texts in the domain of legislation, administration, judiciary (acts, regulations, decisions, reports, minutes, judgments, standards, and the like) and other official works and their collections, disclosed for the purpose of officially informing the public;^{[127/2014 Article 8(2.1)]}
  • news of the day and other news, having the character of mere items of press information;^{[127/2014 Article 8(2.2)]}
• Folk literary and artistic creations in their original form shall not be the subject matter of copyright, but their communication to the public is subject to the payment of remuneration, as for the communication to the public of protected copyright works. The remuneration shall be the revenue of the budget, and shall be used for improving the creativity in the field concerned.^{[127/2014 Article 8(3)]}
• Translations of official texts in the domain of legislation, administration and judiciary, shall be protected, unless made for the purpose of officially informing the public and are disclosed as such.^{[127/2014 Article 6(2)]}

Copyright tags

• {{PD-Croatia-exempt}} – for works exempt from copyright under the Croatian law.
• {{PD-Croatia}} – for works whose author died before 1949 or published before 1949 if anonymous (public domain prior to introduction of the new law in 1999).

Currency

 Not OK. The Croatian National Bank is the holder of all proprietary rights and copyrights on kuna banknotes and kuna and lipa coins, and their reproduction is subject to prior approval of the Croatian National Bank. See: Article 24 of the Act on the Croatian National Bank, Official Gazette 75/2007.

 Unsure Croatia has entered the Eurozone on 1. January 2023. Images of the national side of a Croatian euro coin may be shared under specific restrictions. Please see {{Croatian euro coin}}.

Freedom of panorama

OK. {{FoP-Croatia}}; in regard to architecture, for the exteriors only.

The Copyright and Related Rights Act amended up to 111/2021 allows 2D reproductions of permanently publicly displayed works, i. e. the full Freedom of Panorama:

• It shall be permitted, without the right holder’s authorisation and without payment of remuneration, to reproduce, except in a three-dimensional form, the copyright works, which are permanently located on streets, squares, parks or other places available to the public, and to distribute and communicate to the public such reproductions.^{[111/2021 Article 204(1)]}
• The limitation referred to in paragraph (1) of this Article shall apply only in respect of the outer appearance of an architectural structure.^{[111/2021 Article 204(2)]}

See also

• Croatia
• Category:Croatian FOP cases
• Category:License tags of Croatia
• Category:Stamps of Croatia
• Category:Stamps of Fiume

Citations

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

Text transcluded from
COM:Gibraltar

Gibraltar

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

Copyright rules: Gibraltar Shortcut: COM:GIBRALTAR
Durations
Standard	Life + 70 years
Anonymous	Create/Publish + 70 years
Other
Terms run to year end	Yes
ISO 3166-1 alpha-3	GIB
Treaties
Berne convention	5 December 1887
Univ. Copyright Convention	27 September 1957
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Anglo-Dutch forces captured Gibraltar from Spain in 1704. The territory was ceded to Great Britain in perpetuity under the Treaty of Utrecht in 1713. Gibraltar is a British Overseas Territory located at the southern tip of the Iberian Peninsula.

The relevant copyright law is LN. 2005/078 Copyright (Gibraltar) Order 2005. Under the Copyright (Gibraltar) Order 2005, the provisions of the United Kingdom's 1988 Copyright, Designs and Patents Act are extended to Gibraltar, with some exceptions and changes of wording that do not appear to affect copyright terms. An up-to-date version of the 1988 Act is available on legislation.gov.uk.

The government of Gibraltar's Intellectual Property (Copyright and Related Rights) Act 2005 (Act 22 of 2005), as amended up to 2020, implements the changes defined by the Copyright (Gibraltar) Order 2005. This is the applicable law for works originating in Gibraltar.

Copyright tags

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

Currency

 Not OK section 447(1) and 448(1) of the Crimes Act (Act 23 of 2011) makes the reproduction of currency notes and protected coins (which includes Gibraltar pound coins) without the prior permission of relevant authorities an offence.

Freedom of panorama

• OK for buildings, sculptures, models for buildings, and works of artistic craftsmanship, "if permanently situated in a public place or in premises open to the public."
•  Not OK for other types of artistic works (e.g. public murals, sculptures not situated in public places, or models not meant to be permanently displayed in a public place).

Gibraltarian freedom of panorama is found at Section 77(1–3), "Representation of certain artistic works on public display."

Gibraltarian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the freedom of panorama rules will be similar. See the COM:FOP United Kingdom for more details.

Stamps

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

See also

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

Citations

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

Text transcluded from
COM:Greece

Greece

Copyright rules: Greece Shortcut: COM:GREECE
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-GreekGov}}
ISO 3166-1 alpha-3	GRC
Treaties
Berne convention	9 November 1920
Univ. Copyright Convention	24 August 1963
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

Greece has been a member of the Berne Convention since 9 November 1920, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2121/1993 on Copyright, Related rights and Cultural Matters (as amended up to Law No. 4531/2018) as the main IP law enacted by the legislature of Greece. WIPO holds the text of this law in their WIPO Lex database.

Duration of copyright protection

Under Law No. 2121/1993 as amended up to Law No. 4531/2018,

• Copyright lasts for the author’s life and for 70 years after his death, calculated from 1 January of the year after the author’s death.^{[2121/2018 Article 29(1)]}
• Copyright for works of joint authorship lasts for the life of the last surviving author and 70 years after his death, calculated from 1 January of the year after the death of the last surviving author.^{[2121/2018 Article 30(1)]}
• Copyright for musical compositions with words where the music and lyrics are created specifically for the composition is the same as for works of joint authorship.^{[2121/2018 Article 30(2)]}
• Copyright for anonymous and pseudonymous works lasts 70 years from 1 January of the year after the year when it was made lawfully accessible to the public, as long as the author is not identified in that period.^{[2121/2018 Article 31(1)]}
• The term of protection of audiovisual works expires 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of the music specifically created for use in the audiovisual work.^{[2121/2018 Article 31(3)]}
• After expiry of the period of copyright protection, the State, represented by the Minister of Culture, may exercise the rights relating to the acknowledgment of the author’s paternity and the rights relating to the protection of the integrity of the work deriving from the moral rights.^{[2121/2018 Article 29(2)]} This clause may prevent the creation of certain types of derivative work, even after the copyright has expired, as the State has the right to prohibit any distortion, mutilation or other modification of the original work.
• Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of the protection is 25 years from the time when the work was first lawfully published or lawfully communicated to the public and is calculated from 1 January of the year after the first lawful publication or communication to the public”.^{[2121/2018 Article 51A]}

Work for hire

The economic right to works created by employees (under any work relation) of the Government or a legal entity of public law in execution of their duties is transferred to the employer, unless provided otherwise by contract.^{[2121/2018 Article 8]}

Collective work

The term “collective work” shall designate any work created through the independent contribution of several authors acting under the intellectual direction and coordination of one natural person. That natural person shall be the initial right holder of the economic right and the moral right in the collective work. Each author of a contribution shall be the initial right holder of the economic right and the moral right in his own contribution, provided that that contribution is capable of separate exploitation.^{[2121/2018 Article 7(2)]}

Not protected

Under Law No. 2121/1993 as amended up to Law No. 4531/2018, there is no copyright protection for official texts expressive of the authority of the State, notably legislative, administrative or judicial texts, nor for expressions of folklore, news information or simple facts and data.^{[2121/2018 Article 2.5]}

Monuments & antiquities

Non copyright restrictions: Producing pictures of monuments and antiquities that belong to the Greek State to be disseminated to the public for profit, including publishing on the internet for profit, requires a license from the Archaeological Receipts Fund according to July 2020 Law (4708/2020, Government Gazette issue 140/Α/21-7-2020 part B article 20). Photography of ancient monuments and antiquities that belong to the Greek State (all dating before 1453 and most dating before 1830 (Law 3028/2002, Government Gazette issue 153/Α/28-6-2002 articles 2 & 7)) is allowed to be taken for free when non-professional equipment is being used but publishing on the internet is allowed for free when no commercial or economical purpose exists or for a limit of up to 5 years under payment of a renewable fee according to the latest Ministerial Decision in force published in Government Gazette issue B-3046/2011-12-30 (chapter 1, article 5). The second Ministerial Decision in force has been issued in 2019 356481/254593/7509/2927/2019 - Government Gazette issue 2812/Β/4-7-2019.

Copyright tags

• {{PD-GreekGov}} – for images which are part of official legislative, administrative or judicial documents issued by the Greek Government.

Currency

 Not OK According to the Greek legislation, neither the Bank of Greece not any other Greek authority is competent to provide you or any other interested party with any kind of permission to use the image of the Greek drachmae banknotes. However, without prejudice to the moral right of the designer recognized under Greek law (Law 2121/1993, as in force), there is no legal provision prohibiting the reproduction of drachmae banknotes.

Freedom of panorama

 Not OK {{NoFoP-Greece}}

Note: Please tag Greek no-FoP deletion requests: <noinclude>[[Category:Greek FOP cases/pending]]</noinclude>

Under Law No. 2121/1993 as amended up to Law 5043/2023:

The occasional reproduction and communication by the mass media of images of architectural works, fine art works, photographs or works of applied art, which are sited permanently in a public place, shall be permissible, without the consent of the author and without payment.

— ^{[2121/2023 Article 26]}

It remains unclear what exactly "occasional reproduction and communication by the mass media" encompasses. Even if "communication by the mass media" is seen as an extension of mere "reproduction", the interpretation of "occasional" reproduction remain to be clarified by jurisdiction or an scholarly interpretation. See talk page for a discussion.

Copyright ends 70 years after the author's death. After that, the government might claim moral rights under certain conditions.^{[2121/2018 Article 29(2)]}

Threshold of originality

The term “work” is defined as including any original intellectual creation expressed in any form, including alterations of other works as well as collections of works, provided that the selection or the arrangement of such collections is original.

Originality is understood by Greek jurisprudence as a notion of “statistical uniqueness”, which means that the work involves skill, labor and judgment emanating from the author and that no other person, acting under the same circumstances, could produce the exact same work.

Stamps

Stamps by artists deceased more than 70 years ago (or pseudonymously designed more than 70 years ago, before 1 January 1954) are free. The copyright status of all other stamps issued before 1970 is disputed (possibly {{PD-GreekGov}} as government administrative documents). Stamps issued since 1970 follow the 70 years pma rule.

See also

• Ελλάδα
• Category:Greek FOP cases
• Category:License tags of Greece
• Category:Stamps of Greece
• Commons:Copyright rules by territory/European Union

Citations

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

Text transcluded from
COM:Italy

Italy

Copyright rules: Italy Shortcut: COM:ITALY
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Collective	Publish + 70 years
Government	Publish + 20 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Italy}} {{PD-Italy-audio}} {{PD-old-auto}} {{Anonymous-EU}}.
ISO 3166-1 alpha-3	ITA
Treaties
Berne convention	5 December 1887
Univ. Copyright Convention	24 January 1957
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

Italy has been a member of the Berne Convention since 5 December 1887, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights (as amended up to Decree-law No. 64 of April 30, 2010) as the main copyright law enacted by the legislature of Italy. WIPO holds the Italian text of this law with an auto-translate tool in their WIPO Lex database. Normattiva holds the consolidated Italian text.

Also relevant is the Cultural heritage and landscape law of 2004 and the Digital Administration Code of 2005.

General rules

Under the Copyright Law as of 2016,

• Economic rights in a work last for the author's life and until the end of the 70th solar year after his death.^{[633/1941 art. 25]}

Note that before 1996/7 the duration was 50 years after the author's death, with wartime extensions of six years for any work published before August 16, 1945. Therefore the calculation of the duration of copyright before the URAA date must consider these protected for 56 years after the author's death, meaning that were in the public domain at the URAA date works of authors died before 1940. Artistic photographs had been protected for 50 years from creation, plus the same six-year extension, so non-simple photographs created before 1940 were public domain on the URAA date.

• For works of joint authorship where the individual contributions cannot be distinguished, and for dramatic-musical, choreographic and pantomimic works, the duration of economic rights is based on the life of the co-author who dies last.^{[633/1941 art. 26]}
• For collective works the duration of economic rights of each contribution is based on the life of the contributor. The duration of the economic rights of the work as a whole is 70 years from first publication.^{[633/1941 art. 26]} With magazines, newspapers and other periodic works, duration is calculated separately for each issue.^{[633/1941 art. 30]}
• For anonymous or pseudonymous works, apart from those where the real author is widely known, the duration of economic rights is 70 years from date of first publication, whatever the form in which it was carried out, as long as the author does not become known in this period.^{[633/1941 art. 27]}
• National, provincial and municipal administrations are entitled to copyright on works created and published under their name and on their behalf and expense, as are private non-profit entities, academies and other public cultural bodies.^{[633/1941 art. 11]} Copyright on such works expires after 20 years from first publication. Copyright on writings (communications and memories) published by academies lasts two years, after which the rights revert to the author.^{[633/1941 art. 29]}
• For posthumously published works, economic rights last for 70 years from the death of the author.^{[633/1941 art. 31]} However, if the posthumous work is first published after copyright has lapsed, economic rights last for 25 years from this first publication.^{[633/1941 art. 85-ter]}
• Economic rights in a cinematographic work last until the end of the 70th year after the death of the last survivor of the following: the artistic director, the authors of the screenplay, including the author of the dialogue, and the author of the music specifically created to be used in the cinematographic work.^{[633/1941 art. 32]}
• Photographs are protected works as long as they are not simple protected photographs in accordance with the provisions of Chapter V.^{[633/1941 art. 2.7]} The economic rights of a photographic work last until the 70 year after the death of the author.^{[633/1941 art. 32-bis]}
• The terms of duration of economic rights above are counted starting from 1 January of the year following the event on which the duration is based.^{[633/1941 art. 32-ter]}

A few exceptions are:

• "Non-creative" photographs: Italian copyright law provides for a shorter term of 20 years since creation. However, which kinds of photographs are considered "simple photographs" is rather vague; this rule is difficult to apply accurately, and hence should be used on Commons very carefully. Artistic photographs enter the public domain 70 years after the author's death. "Simple photographs" include reproductions of figurative art and still frames from movies. See {{PD-Italy}}.
• Texts of official acts published and distributed by the Italian State or Italian public administrations: These are in the public domain, unless the copyright has been reserved explicitly^{[633/1941 art. 5]}. See {{PD-Italy-EdictGov}}.
• Audio recordings that were created and published in Italy at least 50 years ago, of a work which is itself in the public domain: These are in the public domain. Article 75 of Italian copyright law treats audio recordings as a special case^{[633/1941 art. 75]}. See {{PD-Italy-audio}}.
• Works made for the public administration or for non-profit organisations have 20 years of copyright protection before being in the public domain^{[633/1941 art. 29]}. See {{PD-ItalyGov}}.

Government works

Works created by or on behalf of either the government, the former national Fascist Party, an academy, or private legal entities of a non-profit-making character of Italy, have 20 years of duration of the rights ^{[633/1941 art. 11, 29]}

Therefore, the theory that a 70-year rule applies to works of the Italian government is unproven and has been disputed. See Commons:Deletion requests/Category:PD Italy.

According to the discussion at Commons:Village pump/Copyright/Archive/2023/10#Italy FOP again and artwork copyrights supposedly held by city councils of Italy, buildings and monuments commissioned and paid for by the Italian state (including regions, cities etc.) are also official works (government works), and the copyright in these cases is held by the state or its respective subdivision. This interpretation is backed up by legal guides and verdicts by italian courts.

According to article 52, paragraph 2 of the Digital Administration Code, data and documents published by Italian public administrations without any explicit license are considered "open by default" (with exception of personal data). In this case, data and documents without explicit license can be used for free, also for commercial purpose, like CC-BY license or with attribution.

Copyright tags

• {{PD-Italy}} – for simple (non-artistic) photographs originating in Italy for which the copyright has expired.
• {{PD-Italy-audio}} – for audio recording both created and published in Italy at least fifty years ago, of a work which is itself in the public domain.
• For works where the author died at least seventy years ago, {{PD-old}} applies.
• For anonymous or pseudonymous works published at least 70 years ago, use {{Anonymous-EU}}.
• {{PD-Italy-EdictGov}} – for most edicts of the Italian government.
• {{PD-ItalyGov}} – for works published by the Italian administration or by Italian nonprofit organisations.
• {{Italy-CAD-OBD}} - for works published by any Italian administration without an explicit license.

Currency

OK Regarding former Italian currency (lire), the copyright on the artwork is most likely in the public domain. "Copyright in works created and published under the name and at the expense of the State, shall belong to them".^{[633/1941 art. 11]} "The duration of the exploitation rights belonging to the State (…) shall be twenty years as from first publication, whatever the form in which publication was effected".^{[633/1941 art. 29]} The last distributed lira (the 500.000 bill) was distributed in the first half of 1997, more than 20 years ago.

Freedom of panorama

Pictures from public places don't formally enjoy any exception in Italian copyright law. Objects still under copyright only allow "quotation right" ^{[633/1941 art. 70]} and a minimal and never implemented "fair use" ^{[633/1941 art. 70 c. 1-bis]}. Some objects are even subject to additional non-copyright restrictions (see below).

•  Not OK {{NoFoP-Italy}}

According to the discussion at Commons:Village pump/Copyright/Archive/2023/10#Italy FOP again and artwork copyrights supposedly held by city councils of Italy, buildings and monuments commissioned and paid for by the Italian state (including regions, cities etc.) are also official works (government works), and the copyright in these cases (20 years from publication) is held by the state or its respective subdivision. This interpretation is backed up by legal guides and verdicts by italian courts.

However, objects in public places can still be exempt from copyright for other reasons:

• OK for objects that are not creative or artistic enough to be copyright-protected, see Threshold of originality ^{[42/2004 art. 11 c. 1e]}. Please use {{PD-structure|ITA}} or {{TOO-Italy}} in this case.
• OK for objects where the copyright has expired, see General rules above.

Please, tag Italy no-FoP deletion requests: <noinclude>[[Category:Italian FOP cases/pending]]</noinclude>.

Note: A de facto exception for works by deceased authors was discussed extensively. It was initially recognized by the Commons community in April 2021, but abandoned again a few months later after this clarifying discussion.

Additional restrictions for cultural heritage assets

Images of public domain landmarks of Italy like Palermo's Teatro Massimo (whose last-surviving architect died in 1897) may be subject to restrictions on commercial use. In a particular case for this building, the courts of Florence and Palermo ruled in 2017 that a bank's use of the image of this public domain building for their advertisement infringes the rights of Teatro Massimo Foundation who exclusively owns the images of the building. (Società Italiana Brevetti S.p.A. article, IPlens article)

In addition to copyright concerns, photos of any cultural heritage asset are generally subject to preemptive authorisation, a fee and other restriction due to the cultural heritage and landscape law which is a non-copyright restriction. The following are considered cultural heritage assets: state-owned things with some artistic, historic, archaeological or ethno-anthropological interest and libraries, galleries, museums and archives collections, unless explicitly removed on a case by case basis; other items declared cultural heritage by the Ministry of Cultural Heritage and Activities. The national catalogue of cultural heritage assets is not publicly accessible or does not exist yet. Any artwork or building should be assumed a cultural heritage asset if older than 50 years (or 70 years in some cases since 2017 ^{[42/2004 art. 11 c. 1d]}).

Simplifications were envisioned by law for certain kinds of reproductions ^{[42/2004 art. 108 c. 3-bis]} and collections ^{[36/2006 art. 7]} but are not fully implemented yet as of 2019.

For Wiki Loves Monuments participants, an agreement between the Ministry and Wikimedia has allowed in the past to publish certain photos of cultural heritage assets on Commons, provided that for the ministry-run monuments {{Italy-MiBAC-disclaimer}} is added to the respective file descriptions.

Stamps

Until specific information becomes available, apply the 70 years pma rule (or 70 years after issue for anonymous/pseudonymous stamps), so stamps by designers deceased more than 70 years are public domain. Where there are joint authors, such as an engraver and a designer, the copyright term starts following the death of the last survivor.

{{PD-Italy}} does not apply to Italian stamps. The law contains no exceptions to standard copyright law for stamps.

Stamps sometimes contain date and author. The Stamp Art blog, while not necessarily reliable, does list designers and some engravers of Italian stamps and Italian stamp designers, so may be worth reviewing. The following list of artists whose works are in public domain because they died on or before 31 December 1950 is non-exhaustive:

• Ferraris, Giuseppe (engraver) (1791–1869)
• Joubert Ferdinand (1810–1884)
• Matraire, Francesco (- c1884)
• Wyon, Leonard Charles (1826–1891)
• Bigola, Ludovico (1822–1905 )
• Michetti, Francesco Paolo (1851–1929)
• Del Neri, Edoardo (1890–1932)
• Calcagnadoro, Antonino it (1876–1935)
• Sezanne, Augusto (1856–1935)
• D'Urso, Nicola (1877–1937)
• Cellini, Guiseppe (1855–1940)
• Savage, Robert (engraver: ABNC) (1868–1943)
• Terzi, Aleardo (1870–1943)
• Constantini, Giovanni (1872–1947)
• Chiappelli, Francesco (1890–1947)
• Mezzana, Corrado (1890–1952)

Works by the following artists will remain protected until 70 years after their death:

• Rondini, Guiseppe (1881–1955) @2026
• Paschetto, Paolo Antonio (1885–1956) @2027
• Grassi, Vittorio (1878–1958) @2029
• Frigerio, Federico (1873–1959) @2030
• Cambellotti, Duilio (1876–1960) @2031
• Morbiducci, Publius (1889–1963) @2034
• Cossio, Carlo (1907–1964) @2035
• Di Fausto, Florestano (1890–1965) @2036
• Parmeggiani, Carlo (1881–1967) @2038
• Parrini, Manlio (1901–1968) @2039
• Mancioli, Corrado (1904–1968) @2039
• Conti, Gian Battista (1878–1971) @2042
• Lalia, Alfredo (1907–1971) @2042
• Marussig, Guido (1885–1972) @2043
• Guerrini, Giovanni (1887–1972) @2043
• Garelli, Franco (1909–1973) @2044
• Lerario, Giovanni (1913–1973) @2044
• Retrosi, Virgilio (1892–1975) @2046
• Morelli, Enzo (1896–1976) @2047
• Ortona, Ugo (1888–1977) @2048
• Cisari, Giulio (1892–1979) @2050
• Melis, Melkiorre it (1889–1982) @2053
• Zainea, Serban (1907–1990)[9] @2061
• Garrasi, Renato (1915–1990)(some sources say 1954) @2061
• Dominioni, Paolo Caccia (1896–1992) @2063
• Marangoni, Tranquillo (1912–1992) @2063
• Ferrini, Renato (1910–2005) @2076
• Tuccelli, Maria Maddalena-(b. 1951)

The following artists have unknown death dates:

• Liana Ferri (stamp designs 1934)
• Gustavo Petronio (active c1920s–1950s)
• Alberto Repettati (c.1896-1940s)
• Dino Tofani (1895–?1930)
• C. Vincenti (1930s)

Threshold of originality

Hogan Lovells states "In summary, the threshold for an industrial design product to enjoy copyright protection is still quite high and even famous industrial design products have been denied such protection by Italian Courts."

Probably this applies to logos too. These files have been kept as simple logos:

• 
  DR1 DR2 DR3
• 
  DR

But the logo of AC Parma was deleted as being a complex logo. Another Parma logo has been deleted but then restored.

See also

• Italy
• Category:Copyright law of Italy
• Category:Italian FOP cases
• Category:License tags of Italy
• Category:Postage stamps of Italy
• wmit:Wiki Loves Monuments/Problemi legali

Citations

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

Text transcluded from
COM:Kosovo

Kosovo

Limited international recognition

Copyright rules: Kosovo Shortcut: COM:KOSOVO
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Kosovo-exempt}}
ISO 3166-1 alpha-3	~
Treaties

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

Background

Kosovo was formerly the Socialist Autonomous Province of Kosovo, an autonomous province of Serbia. The Kosovo War of 1998 and 1999 resulted in the establishment of the United Nations Interim Administration Mission in Kosovo (UNMIK) on 10 June 1999 by United Nations Security Council Resolution 1244. Kosovo declared independence from Serbia on 17 February 2008.

Despite Kosovo having its own Assembly, ultimate responsibility for the administration of the territory lies with the Special Representative of the Secretary-General for Kosovo, who leads the UNMIK.

Governing laws

As of 2024, the governing copyright law in the Republic of Kosovo is the Law No. 08/L-205 on Copyright and Related Rights, which came into effect on 27 October 2023, fifteen days after its publication in the Official Gazette of the Republic of Kosovo. The law is heavily patterned on the European Union standards. The website of the Official Gazette holds the digital copies of the law.

Law No. 08/L-205 repealed the Law No. 04/L-065 on Copyright and Related Rights (2011) and its two subsequent amendments, Law No. 05/L-047 (2016) and Law No. 06/L-120 (2019).^{[2023 Art.146]} This 2011 law, in turn, repealed the Law No. 2004/45 on Copyright and Related Rights (2007).^{[2011 Art.205]}

General

According to the Law No. 08/L-205 on Copyright and Related Rights,

• The economic rights and the rights to remuneration provided for in this Law for works shall be protected throughout the lifetime of the author and for 70 years after his death computed from January 1 of the year following that of his death.^{[2023 Art.65.1]}
• The economic rights in a work of co-authorship, shall be protected until the death of the last surviving joint author and, after his death, for 70 years computed from January 1 of the year following that of his death.^{[2023 Art.65.2]}
• The economic rights in an audio-visual work shall be protected for seventy (70) years computed from January 1 of the year following the year of the death of the last of the following co- authors to survive: the principal director; the author of the scenario; the author of the dialogue; the composer of the music specifically created for use in the audio-visual work.^{[2023 Art.65.3]}
• The economic rights in an anonymous or pseudonymous work shall be protected for 70 years computed from January 1 of the year following that of its lawful making the work available to the public. Where such a work is not made lawfully available to the public within 70 of its creation, the copyright protection shall terminate. However, when a pseudonym adopted by the author leaves no doubt as to his identity, the provisions of paragraph 1. of this Article shall apply. The provisions of paragraph 1. of this Article shall apply also where the author of an anonymous or pseudonymous work reveals his identity or if his identity becomes obvious during that period of time.^{[2023 Art.65.4]}
• For the term of protection of the economic rights in collective works, the provisions of paragraph 4. of this Article shall apply. However, where the authors of contributions to the collective work may be identified, in respect of those contributions, the provisions of paragraph 1. or 2. of this Article apply, respectively.^{[2023 Art.65.5]}
• Where a work is published in volumes, parts, installments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the terms of protection provided for in paragraphs 1. to 5. of this Article shall run for each such item separately.^{[2023 Art.65.6]}

Not protected

The following works do not have copyright protection and are thus in the public domain^{[2023 Art.8]}:

• Official texts of a legislative, administrative and judicial nature.^{[2023 Art.8.1]}
• Official translations of such texts.^{[2023 Art.8.1]}
• Ideas, procedures, methods of operation or mathematical concepts (but only to their original expressions).^{[2023 Art.8.2]}
• Expressions of folklore.^{[2023 Art.8.2]}
• News of the day, mere facts and data as such (but only to their original presentation).^{[2023 Art.8.2]}
• Different information that have the character of ordinary media reports can be reproduced only after at least 12 hours have elapsed from their publication.^{[2023 Art.8.2]}

UNMIK documents

According to the United Nations "Addendum on Copyright in United Nations Publications: General Principles, Practice and Procedure", para. 2, the following UN documents are in the public domain:

(a) Official Records: a series of printed publications relating to the proceedings of organs or conferences of the United Nations. They include verbatim or summary records, documents or check-lists of documents, issued in the form of annexes to those records, including periodic supplements, such as the quarterly ones of the Security Council; and reports to those organs of their subordinate or affiliated bodies, compilations of resolutions, certain reports of the Secretary-General and other selected publications, which are issued in the form of supplements;

(b) United Nations documents: written material officially issued under a United Nations document symbol, regardless of the form of production, although, in practice, the term is applied mainly to material offset from typescript and issued under a masthead. The term also applies to written material issued simultaneously or sequentially in the form of documents and publications;

(c) Public information material: publications, periodicals, brochures, pamphlets, press releases, flyers, catalogues and other materials designed primarily to inform about United Nations activities. The term does not include public information that is offered for sale, which may be subject to copyright registration.

UNMIK documents of the above nature are therefore in the public domain.

Copyright tags

• {{PD-KosovoGov}} – for public domain Kosovar official works, state symbols, stamps, money etc.

Freedom of panorama

OK, {{FoP-Kosovo}}. The freedom of panorama provision of the previous laws, Article 54 of Law No. 2004/45 (2007) and Article 53 of Law No. 04/L-065 (2011), only permitted non-commercial uses of works found in public spaces.

The freedom of panorama provision of the new law (Law No. 08/L-205) is patterned after the European standards:

• It shall be permitted without the consent of the author or other holder of copyright and without payment of remuneration:...use of works, such as works of architecture or sculpture, made to be located permanently in public places.^{[2023 Art.49.1.12]}

See also

• Kosova / Косово
• Category:License tags of Kosovo
• Commons:Copyright rules by territory/Serbia
• Commons:Copyright rules by territory/United Nations
• Category:Kosovar FOP cases

Citations

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

Text transcluded from
COM:Malta

Malta

Copyright rules: Malta Shortcut: COM:MALTA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Government	Publish + 70 years
Other
Freedom of panorama	Yes
ISO 3166-1 alpha-3	MLT
Treaties
Berne convention	21 September 1964
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Governing laws

The UK Copyright Act 1911 applied in Malta as of 1912, introducing a general copyright term of Life + 50 years, save for posthumous works, government works and photographs, for which the copyright protection was for 25 years following creation. ^{[1911 Art. 3]} With the 1970 Copyright Act (Cap.196 of the Laws of Malta), copyright protection was reduced to Life + 25 years for literary, musical and artistic works. Photographic and cinematographic works, as well as anonymous/pseudonymous works, remained protected for 25 years since publication. ^{[1970/196 Art. 4(2)]} The 2000 Copyright Act (Cap.415 of the Laws of Malta) generally raised copyright protection to Life + 70 years. ^{[415/2000-2011 Art. 4(2)]} Law 197/2004 revived copyright whose protection had expired before the coming into force of the Copyright Act, but were on the 1st May, 2004 still protected in an EEA country.

The above means that:

• photographs published between 1912 and 1948 have been protected for 50 years; they entered the public domain between 1963 and 1999;
• photographs published between 1970 and 1973 have been protected for 25 years; they entered the public domain between 1996 and 1999;
• photographs published between 1949 and 1969, and since 1974, fall under the scope of the 2000 Copyright act; their copyright expires 70 years after the death of their author.

Malta has been a member of the Berne Convention since 21 September 1964, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Chapter 415) as the main IP law enacted by the legislature of the Malta. WIPO holds the Copyright Act 2000 as amended up to Act No. VIII of 2011 in their WIPO Lex database. The act replaces the Copyright Act, Cap. 196.^{[415/2000-2011 Preamble]} It applies to works made after the act came into force, and works made earlier whose term of protection had not yet expired. It is not retroactive, in the sense that it cannot be used against actions that were allowed by the previous act.^{[415/2000-2011 Art.60]}

Applicability

The Copyright Act 2000 (Chapter 415) covers artistic works, audiovisual works, databases, literary works and musical works. Literary, musical and artistic works must be original in character and must have been reduced to material form.^{[415/2000-2011 Art. 3 (1-2)]}

• "Artistic works" include paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; maps, plans, diagrams and three-dimensional works relative to geography, science or topography, works of sculpture; photographs not comprised in an audiovisual work; works of architecture in the form of buildings or models; and works of artistic craftsmanship, including pictorial woven tissues and articles of applied handicraft and industrial art.^{[415/2000-2011 Art. 2]}
• "Audiovisual work" is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible.^{[415/2000-2011 Art. 2]}
• "Database" means a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.^{[415/2000-2011 Art. 2]}
• "Literary work" includes novels, stories and poetical works; plays, stage directions, choreographic works or entertainment in dumb show, film scenarios and broadcasting script; textbooks, treatises, histories, biographies, essays and articles; encyclopaedias and dictionaries; letters, reports and memoranda; lectures, addresses and sermons; and computer programs. It does not include any written law, law report or judicial decisions.^{[415/2000-2011 Art. 2]}
• "Musical work" means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment.^{[415/2000-2011 Art. 2]}

Copyright protection is given to works eligible for copyright where the author (or any of the joint authors) is a citizen, permanent resident or legal entity of Malta or of a state where copyright is protected under an international agreement to which Malta is also a party.^{[415/2000-2011 Art. 4(1)]} As of 1997 this included most countries in the world from Angola to Zimbabwe. Copyright is transmissible by assignment, operation of law or by testamentary disposition as movable property, and may be limited to certain acts, limited in time and limited in geographical area.^{[415/2000-2011 Art. 24(2)]}

Durations

In this article, "50 years after [event]" means "for 50 years after the end of the year when [event] happened".

• Literary, musical and artistic works, and databases, are protected for 70 years after the author dies.^{[415/2000-2011 Art. 4(2)]}
• Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.^{[415/2000-2011 Art. 4(2)]}
• Anonymous or pseudonymous literary, musical or artistic works are protected for 70 years after they were made public, or after they were made if they were not made public. If the identity of the author becomes known, the work is protected for 70 years after death of the author.^{[415/2000-2011 Art. 4(3)]}
• A "work of joint authorship" is a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.^{[415/2000-2011 Art. 2]} Works of joint authorship are protected for 70 years after death of the last surviving author.^{[415/2000-2011 Art. 4(4)]}
• A collective work is a work created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity.^{[415/2000-2011 Art. 2]} Collective works are protected for 70 years after they were made public, or after they were made if they were not made public.^{[415/2000-2011 Art. 4(3)]} If the natural persons who have created a collective work are individually identifiable, the work is protected for 70 years after their death.^{[415/2000-2011 Art. 4(3)]}
• A co-written musical work may be considered to be a work of joint authorship or a collective work depending on the arrangement between the authors.
• When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.^{[415/2000-2011 Art. 4(6)]}

Government works

Copyright protection extends to work which is eligible for copyright and which is made by or under the direction or control of the Government of Malta. ^{[415/2000-2011 Art. 6(1)]}

• Databases and literary, musical or artistic works are protected for 70 years from publication.^{[415/2000-2011 Art. 6(2)]}
• Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.^{[415/2000-2011 Art. 6(3)]}
• When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.^{[415/2000-2011 Art. 6(4)]}

License tags

Any work whose country of origin is Malta should have tags that indicate why the work is public domain or free license in Malta and the United States. These should be placed in the "Permission" parameter of the {{Information}} template (or the respective parameter of similar templates) or in the "Licensing" section.

Tags that may be used to show copyright status in Malta include:

• {{PD-old-auto}} – Author(s) died more than 70 years ago, showing year of death
• {{PD-old-70}} – Author(s) died more than 70 years ago
• {{PD-EU-no author disclosure}} – Anonymous or pseudonymous work published more than 70 years ago with no subsequent claim of authorship
• {{PD-collective-work}} – Collective work in the public domain
• {{PD-EU-unpublished}} – Work published after copyright had expired, published more than 25 years ago
• {{PD-MaltaGov}} – Government work published more than 70 years ago
• {{PD-self}} – Work you created and are releasing into the public domain
• {{Cc-by-sa-3.0}} – Released under the Creative Commons Attribution-Share Alike 3.0 Unported license. See Category:CC license tags for other similar tags

Also provide a United States tag such as

• {{PD-US-expired}} – First published before 1929
• {{PD-1996}} – Meets the requirements for works published before the Uruguay Round Agreements Act date

Currency

 Not OK There is no copyright exception for Maltese currency or governmental work (see articles 2(1)a, 3(1)a and 6(1) of the Maltese copyright act). The Bank of Malta makes currency images available for use, but their disclaimer forbids any kind of derivative work, thus making these files impossible to host on Commons.

Freedom of panorama

OK for buildings and sculptures. {{FoP-Malta}}

Malta's Copyright Act states that copyright "shall not include the right to authorise or prohibit (…) the inclusion in a communication to the public, the making of a graphic representation and the making of a photograph or film, of a work of architecture or sculpture or similar works made to be located permanently in public places."^{[415/2000-2011 Art. 9(1)(p)]}

Citations

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

Text transcluded from
COM:Montenegro

Montenegro

Copyright rules: Montenegro Shortcut: COM:MONTENEGRO
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Montenegro}} {{PD-old-auto}} {{PD-MNEGov}}
ISO 3166-1 alpha-3	MNE
Treaties
Berne convention	3 June 2006
WTO member	29 April 2012
URAA restoration date‌*	1 January 1996
WIPO treaty	3 June 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 Montenegro relevant to uploading works into Wikimedia Commons. Note that any work originating in Montenegro must be in the public domain, or available under a free license, in both Montenegro 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 Montenegro, refer to the relevant laws for clarification.

Background

Montenegro was recognized as an independent state in 1878. It became part of Yugoslavia after World War I. After the breakup of Yugoslavia, in 1992 the republics of Serbia and Montenegro formed the Federal Republic of Yugoslavia, renamed the State Union of Serbia and Montenegro in 2003. Montenegro became independent on 3 June 2006.

Montenegro has been a member of the Berne Convention and the WIPO Copyright Treaty since 3 June 2006 and the World Trade Organization since 29 April 2012.

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 of Montenegro, Nos. 37/2011 and 53/2016) as the main copyright law enacted by the legislature of Montenegro. WIPO holds the text of this law in their WIPO Lex database.

General rules

The Yugoslav Copyright Act of 1978 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 was replaced by a new copyright act of 29 December 2004. Works that were already in the public domain before the new act came into effect met one of the following criteria:

• A work of known authorship and the author died before 1 January 1954
• An anonymous work and it was published before 1 January 1954
• A photograph or a work of applied art published before 1 January 1973

Under the Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016)

• Copyright lasts for the life of the author and for 70 years after his death, unless stipulated otherwise.^{[53/2016 Art.62]}
• For works of co-authorship, copyright lasts for 70 years from the death of the author who died last.^{[53/2016 Art.63]}
• Copyright of an audiovisual work lasts for 70 years from the death of the last of the following co-authors: the principal director, screenplay writer, dialogue author and the author of music specially composed for the audiovisual work.^{[53/2016 Art.63]}
• Copyrights in a musical works with words, with the text and music written by different co-authors specifically for this work, lasts for 70 years from the death of the last co-author.^{[53/2016 Art.63]}
• Protection of copyright in anonymous or pseudonymous works lasts for 70 years from the date of publication of the work, unless the identity of the author becomes known before that period.^{[53/2016 Art.64]}
• Copyright in collective works lasts for 70 years from the date of publication of the work, unless the individuals who participated in the creation of the work are named in it.^{[53/2016 Art.65]}
• Durations are calculated from 1 January of the year immediately following the year in which the relevant event occurred.^{[53/2016 Art.69]}

Not protected

Copyright protection does not cover: 1) ideas, principles and discoveries; 2) Official texts in the field of the legislation, administrative and judicial; 3) an official translation of point 2 above; 4) The term traditional culture (hereinafter referred to as works of folklore); 5) daily news or other information having the character of mere items of press information.^{[53/2016 Art.8]}

Copyright tags

• {{PD-MNEGov}} – for public domain Montenegro official works
• {{PD-SCGGov}} – for public domain Serbian-Montenegro official works, state symbols, stamps, money etc.

Freedom of panorama

 Not OK Only non-commercial use is allowed. {{NoFoP-Montenegro}}

The Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016) says,

• Permission is granted without acquiring the appropriate property rights and without paying a fee, to use works that are permanently exposed in parks, streets, squares and other public places.^{[53/2016 Art.55(1)]} The works ... may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for direct or indirect economic advantage.^{[53/2016 Art.55(2)]}

See also

• Црна Гора / Crna Gora
• Category:License tags of Montenegro
• Category:Montenegrin FOP cases
• Commons:Copyright rules by territory/Serbia
• Commons:Copyright rules by territory/Yugoslavia

Citations

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

Text transcluded from
COM:North Macedonia

North Macedonia

Copyright rules: North Macedonia Shortcut: COM:NORTH MACEDONIA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Terms run to year end	Yes
ISO 3166-1 alpha-3	MKD
Treaties
Berne convention	7 September 1991
WTO member	4 April 2003
URAA restoration date‌*	1 January 1996
WIPO treaty	4 February 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 North Macedonia relevant to uploading works into Wikimedia Commons. Note that any work originating in North Macedonia must be in the public domain, or available under a free license, in both North Macedonia 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 North Macedonia, refer to the relevant laws for clarification.

Background

The region of the present North Macedonia was under Ottoman rule until the Balkan Wars of 1912 and 1913, when it came under Serbian rule. After World War I (1914–1918), it became part of the Kingdom of Yugoslavia, which became a republic in 1945 and then a federation of socialist republics. Macedonia declared independence on 8 September 1991 during the dissolution of Yugoslavia, and was renamed North Macedonia in 2019.

North Macedonia has been a member of the Berne Convention since independence by virtue of succession of the Socialist Federal Republic of Yugoslavia, and formally confirmed on 23 July 1993 that it was party to the treaty. North Macedonia has belonged to the World Trade Organization since 4 April 2003 and the WIPO Copyright Treaty since 4 February 2004.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (2010) as the main copyright law enacted by the legislature of North Macedonia. WIPO holds the text of this law in their WIPO Lex database.

Grammatical changes were made to the law in October 2010. Several further changes were made between 2011 and 2015, but these were mainly to do with broadcasting and collective rights management and apparently did not affect definitions of protected works or of durations of protection.

Copyright works

A copyright work is an intellectual and individual creation in the field of literature, science and art, expressed in any manner and form.^{[2010 Art.12(1)]} This includes, among other things, a written, spoken, musical, dramatic, photographic, audiovisual, fine art, architectural, applied art, or a cartographic work.^{[2010 Art.12(2)]}

Durations

Under the Law on Copyright and Related Rights (2010),

• Economic rights run for the life of the author and for 70 years after his death, unless otherwise provided.^{[2010 Art.55]}
• Where the work has been created by a number of co-authors, the term of duration is calculated from the death of the last surviving author.^{[2010 Art.56(1)]}
• For an audiovisual work, the duration is calculated from the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogues and the composer of the music created specially for use in the audiovisual work.^{[2010 Art.56(2)]}
• Copyright of anonymous and pseudonymous works runs for 70 years after the lawful disclosure of the work, unless the identity of the author becomes known during this period.^{[2010 Art.57]}
• Where the term does not run from the death of the author or authors, and the work has not been lawfully disclosed, copyright runs for 70 years after its creation.^{[2010 Art.58]}
• The terms of duration of copyright protection run from 1 January of the year following the event which is the basis for calculation of the terms.^{[2010 Art.60]}

Not protected

The following are not considered to be copyright works: 1. Ideas, theories, concepts, operation methodologies, or mathematical concepts, regardless of the manner of explanation or expression; 2. Official texts of a political, legislative, administrative and judicial nature and their official translations; 3. Daily and other news having the character of mere media information, miscellaneous facts and data; and 4. Ideas and concepts which underlie any element of a computer program, including the program components that enable connection and interaction between the elements of the software and of the hardware equipment (interfaces).^{[2010 Art.16]}

Copyright tags

• {{PD-North Macedonia}} – for works of the following types:

a) works of folk literature and folk art

b) a work of known authorship and the author died before January 1, 1946

c) an anonymous work and it was published before January 1, 1946

d) a photograph or a work of applied art published before January 1, 1971

Currency

 Not OK According to the law for the National Bank of Macedonia, for each reproduction of the banknotes and coins that are in official use in Macedonia there should be an official written permission from the Bank itself. The Council of the Bank decides the ways and the procedures for publication of photos of the currency.

Freedom of panorama

OK for 3D works {{FoP-North Macedonia}}  Not OK for 2D works (like maps and murals still under artists' copyright)

Under the Law on Copyright and Related Rights (2010),

• The use of a copyright work without payment of remuneration shall apply to the following cases: ... Use of architectural or sculptural works permanently located in public places (streets, squares, parks, etc.);^{[2010 Art.52.1.11]}

See also

• Северна Македонија
• Category:North Macedonian FOP cases
• Category:License tags of North Macedonia
• Commons:Copyright rules by territory/Yugoslavia

Citations

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

Text transcluded from
COM:Portugal

Portugal

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

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

Governing laws

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

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

General rules

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

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

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

Photographs

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

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

Not protected

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

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

Copyright tags

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

Freedom of panorama

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

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

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

Threshold of originality

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

Photographs

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

Court cases

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

See also

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

Citations

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

Text transcluded from
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

San Marino has been a member of the Berne Convention and WIPO Copyright Treaty since 2 September 2020.

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. WIPO holds the text of this law in their WIPO Lex database. The law was later amended by Law No. 63 of 24 June 1997 and Law No. 43 of 22 February 2006.

General rules

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

• {{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

 Not OK. There is no provision for freedom of panorama of any sort under San Marino law.

See also: Category:San Marinese FOP cases.

Citations

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

Text transcluded from
COM: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

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.

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. WIPO holds the text of this law in their WIPO Lex database. The government of Serbia holds Serbian and English texts of the 2009 law on their website.

General rules

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

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

• {{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

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

OK template:PD-SerbiaGov

See also

• 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

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

Text transcluded from
COM: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

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.

While part of Yugoslavia, Slovenian works were covered by the 1978 Yugoslav Copyright Act. The Slovenian Intellectual Property Office holds an English-language version of the act as in force from 13 January 2007. The Official Gazette holds the Slovene original of the consolidated act as of 2007. This was replaced by the Copyright and Related Rights Act of March 30, 1995.

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. WIPO holds the Slovenian language unofficial consolidated text No. 12 of this law in their WIPO Lex database. It is the most recent version of the Copyright and Related Rights Act of March 30, 1995.

Also relevant is the 2006 Protection of Documents and Archives and Archival Institutions Act.

General rules

• 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.
• 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. This also includes still images of videos if these images were published before 1970.
• 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.
• 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

• 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.

• 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

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.

• 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.

In numerous actual cases, they have also been recognised as copyrighted.

Other restrictions

In Slovenia there are restrictions on;

• publication of reproductions of public archives. An authorisation of the archival institution is needed for any publication.
• the usage of the national flag, the coat of arms, and the anthem.

Copyright tags

• {{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

 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

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.

See Commons:Deletion requests/File:Postcard of Ljubljana, Prešeren Square (3).jpg.

Freedom of panorama

 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.

• 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 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. 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

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. 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" [10] 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

• Slovenija
• Category:License tags of Slovenia
• Category:Slovenian FOP cases
• Commons:Copyright rules by territory/European Union
• Commons:Copyright rules by territory/Yugoslavia

Citations

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

Text transcluded from
COM:Spain

Spain

Copyright rules: Spain Shortcut: COM:SPAIN
Durations
Standard	Life + 70 years*
Anonymous	Publish + 70 years*
Audiovisual	Life + 70 years*
Other
Freedom of panorama	Unclear
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-SpanishGov}}
ISO 3166-1 alpha-3	ESP
Treaties
Berne convention	5 December 1887
Univ. Copyright Convention	16 September 1955
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Spain has been a member of the Berne Convention since 5 December 1887, the Universal Copyright Convention since 16 September 1955, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

The Royal Act 1/1996, of 12 April 1996 approved the revised text of the Intellectual Property Law, the main IP law. The consolidated text incorporating revisions up to 14 April 2018 is provided on their website by the Boletin Oficial del Estado. The act repealed Law 22/1987, of November 11, on Intellectual Property and subsequent amendments. The Law of 10 January 1879 on intellectual property still applies to works by authors who died before the 1987 Law took effect.

General rules

Under the 1996 Intellectual Property Law as amended up to 14 April 2018,

• The rights of exploitation of a work last for the life of the author and 70 years after his death or declaration of death.^{[1/1996-2018 Article 26]}
• The exploitation rights of anonymous or pseudonymous works last 70 years from their lawful disclosure, as long as the author does not become known during this period.^{[1/1996-2018 Article 27(1)]}
• The rights of exploitation of the works that have not been lawfully disclosed last 70 years from their creation, when the term of protection is not computed from the death or declaration of death of the author or authors.^{[1/1996-2018 Article 27(2)]}
• The exploitation rights of collaborative works, including cinematographic and audiovisual works, last for the life of the coauthors and 70 years after the death or declaration of death of the last surviving co-author.^{[1/1996-2018 Article 28(1)]}
• With musical compositions with lyrics, exploitation rights will last the entire life of the author of the lyrics and the author of the musical composition and 70 years from the death or declaration of death of the last survivor, provided that their contributions were created specifically for the respective musical composition with lyrics.^{[1/1996-2018 Article 28(1)]}
• Terms of protection established are computed from 1 January of the year following the death or declaration of death of the author or of the legal disclosure of the work, as appropriate.^{[1/1996-2018 Article 30]}

However, works of authors who died before 7 December 1987 (or were published before that date, in case of anonymous works) are dealt with by the 1879 law, which sets a protection time of 80 years post mortem auctoris.^{[1879 Article 6]}

Collective work

A collective work is a work created through the initiative and under the coordination of a natural or legal person who publishes and disseminates it under their name and is formed by combining contributions of different authors whose personal contributions are unique and autonomous creations, by which it has been created without it being possible to attribute separately to any of the authors a right over the whole of the work carried out. Unless otherwise agreed, the rights over the collective work shall correspond to the person who publishes and discloses it under his name.^{[1/1996-2018 Article 8]}

The exploitation rights over a collective works last 70 years from the lawful disclosure of the protected work. However, if the natural persons who have created the work are identified as authors in the versions of it that are made accessible to the public, the provisions of articles 26 or 28.1, as appropriate, will be applied. These provisions are without prejudice to the rights of the identified authors whose identifiable contributions are contained in said works, to which article 26 and 28(1) apply.^{[1/1996-2018 Article 28(2)]}

Not protected

Intellectual property protection does not apply to laws and regulations and their corresponding projects, resolutions and acts of jurisdictional bodies, agreements, deliberations and opinions of public bodies, as well as official translations of all the previous texts.^{[1/1996-2018 Article 13]}

Copyright tags

• {{PD-Spain-photo}} – for simple photographs taken at least 25 years ago
• {{PD-SpanishGov}} – for some works by the Spanish government, like laws
• {{PD-SpanishGov-money}} - for images of the former Spanish pesetas currency
• {{PD-La Moncloa}} – for content from www.lamoncloa.gob.es which was selected or coordinated by the Secretary of State for Communications (only valid for images uploaded before 26 November 2012)
• {{Attribution-Catalonia}} – for content from the Parliament of Catalonia (Parlament de Catalunya)
• {{Attribution-IGN}} - for CC-BY 4.0 licensed maps or other content from Instituto Geográfico Nacional (Spain's National Geographic Institute)

Currency

OK: Regarding former Spanish national currency, the pesetas, there is "no significant jurisprudence on the application of copyright to banknotes" per 1999 Report on the Legal Protection of Banknotes in the European Union Member States. Additionally, there is "no use of the copyright symbol: © on Spanish banknotes". The rules for reproduction of pesetas only have provisions for advertising purposes. Reproductions for teaching materials in particular do not require the authorisation of the Bank of Spain.

{{PD-SpanishGov-money}} can be used to tag images of Spanish pesetas.

Spain has used the Euro since 1 January 2002. See COM:CRT/European Union:Currency for Euro banknotes and the shared side of Euro coins.

 Not OK for the national side of Euro coins.

Freedom of panorama

 Unsure

{{FoP-Spain}} Under the the 1996 Intellectual Property Law as amended up to 14 April 2018,

• Works permanently located in parks or on streets, squares or other public tracks and passes may be freely reproduced, distributed and communicated by painting, drawing, photography and audiovisual processes.^{[1/1996-2018 Article 35(2)]}

In 1998, Article 40bis was non retroactively introduced in the law, limiting this exception:

• The above may not be so interpreted that they could be applied in a manner capable of unreasonably prejudicing the legitimate interests of the author or adversely affecting the normal exploitation of the works to which they refer.^{[1/1996-2018 Article 40bis]}

After the introduction of Article 40bis, some Spanish courts have ruled against commercial use of some works situated in public spaces, including Monumento a Los Raqueros and Toro de Osborne. However, in both cases the work had been extracted from its surrounding panorama, and commercialized in that form. In other cases, such as the verdict nº195/2014 from the Audiencia Provincial de Madrid, courts have ruled that works situated in "public areas" can be subject to the exception (that is, they have ruled in favor of freedom of panorama, at least for works situated in "public areas"). According to further analysis, authorization from the copyright holder for commercial use of photographs and derivative and composed works of a copyrighted work, could possibly be necessary when the work is "located in a private property that is accessible to public view or that is not considered a public area". In the case of the Toro de Osborne, the court considered that only cultural uses were allowed by Article 35.2, excluding any kind of commercial use.

Toro de Osborne Case

By decision dated January 31, 2006, the Provincial Court of Seville considered that the commercial use of the figure or silhouette of the Toro de Osborne (originally conceived and designed as a trademarked logo in 1956) through items such as hats, t-shirts, keychains, stickers, postcards, ashtrays, tiles, ceramics, coasters, as well as scaled reproductions of the same, constitutes a criminal infringement of the copyright under Article 270 of the Penal Code, as it involves an "intent to obtain direct or indirect economic benefit" and is carried out "to the detriment of a third party." The Court interpreted the limitation of the panorama exception provided in Article 35(2) of the Intellectual Property Law (LPI) in accordance with the provisions of Article 40 bis of the LPI, stating that: "only the exploitation of the same with a strict or predominantly cultural dimension has been allowed, and any use of the same without its consent (from the owner) that exceeds the aforementioned purpose must be understood as unauthorized.".

Raqueros Case

By decision dated April 5, 2006, the Provincial Court of Cantabria, decided that a sculptural ensemble known as the "Grupo de Raqueros", permanently installed in a public thoroughfare (Paseo Marítimo), commissioned by the Government of Cantabria or by the Santander City Council, is reproduced in an acrylic based material, intended for public sale as tourist souvenirs. According to the decision, the author keeps the exploitation rights over it, and the Provincial Court of Cantabria ordered some of the defendants to compensate the author for moral and economic damages, due to the distribution of unauthorized reproductions.

Refer to this discussion for more information. Spanish Wikimedian MarcoAurelio provides an insight on the situation of the Spanish freedom of panorama.

See also: Category:Spanish FOP cases.

Stamps

. Communication with Spain's Philatelic Bureau suggests no public domain. Permission to scan images of Spanish stamps requires a specific request to the Sociedad Estatal de Correos y Telégrafos.

According to Spanish copyright law, while most official works are not protected by copyright, standalone images are specifically exempted, and the author retains copyright. So it is safe to assume that Spanish stamps are copyright their designers, in which case they are protected for 70 years after the author's death, or 80 years if the author died before 1988. If the designer is unknown, the stamp falls into the public domain 70 years after it was issued, or 80 years if issued before 1987.

Threshold of originality

STS 4443/2004 notes that a work must have the characteristics of "uniqueness, individuality and distinguishability" to qualify for protection.

STS 1644/2017 concerns architecture and states "The terms in which an architectural project is drawn up largely respond to the technical or functional requirements and compliance with urban regulations. When this is the case, the project or the architectural buildings are not protected by copyright in the part imposed by those technical, functional or normative requirements"; and more generally, "the factor of recognizability or differentiation of the work with respect to the pre-existing ones [is] essential to grant an exclusive right with moral and patrimonial aspects".

See also

• España
• Category:License tags of Spain
• Category:Stamps of Spain
• Commons:Copyright rules by territory/European Union

Citations

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

Text transcluded from
COM:Vatican City

Vatican City

Copyright rules: Vatican City Shortcut: COM:Vatican City
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
ISO 3166-1 alpha-3	VAT
Treaties
Berne convention	12 September 1935
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 the Vatican City relevant to uploading works into Wikimedia Commons. Note that any work originating in the Vatican City must be in the public domain, or available under a free license, in both the Vatican City 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 Vatican City, refer to the relevant laws for clarification.

General rules

The Holy See, as the member name of Vatican State, joined Berne Convention since 12 September 1935. The current copyright law of the Vatican State entered into force on 1 October 2017. The vaticanstate.va website holds the text of the law in Italian. Vatican law supplements the Italian Copyright Act (l. 633, 6 April 1941), which applies in the territory of the Holy See. The law provides for copyright 70 years after the death of the author, or 70 years after publication for works with no named author. Unlike many countries, the Vatican also claims copyright over its laws.

The main points of the Papal copyright:

• Exclusive right on the use of the Pope’s image and voice for purposes other than religious, cultural and educational (art. 3)
• Exclusive right on “purely documentary” reproductions of cultural heritage for 70 years from the fixation (art. 4)
• The Holy See owns all copyrights in the works published under its name or created on its commission (art. 5).

The Vatican's publishing house, Libreria Editrice Vaticana, also claims perpetual copyright on the writings of Pope John Paul II and Pope Benedict XVI.

Freedom of panorama

 Not OK Under Law N. XII on Copyright of January 12, 1960, the Vatican decreed that unless church law says otherwise, the precepts of Italian copyright law apply in Vatican City. Italy does not allow for freedom of panorama. Thus, sculptures and other works, including buildings, are not ok until 70 years after the death of the architect or designer if they are named in the work itself, or until 70 years after the publication of the work in other cases.

Please, tag Vatican no-FoP deletion requests: <noinclude>[[Category:Vatican FOP cases/pending]]</noinclude>.

See also

• Vaticano
• Commons:Copyright rules by territory/Italy
• Category:Vatican FOP cases

Citations

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