Commons:Copyright rules by territory/Consolidated list T

Copyright rules by territory

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

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

Text transcluded from
COM:Taiwan

Taiwan

Copyright rules: Taiwan Shortcut: COM:TAIWAN
Durations
Standard	Life + 50 years
Photograph	Publish + 50 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Collective	Create/publish + 50 years
Government	Public domain, OGDL or GWOIA
Other
Freedom of panorama	For buildings
Terms run to year end	Yes
Common licence tags	{{PD-Taiwan}} {{OGDL}} {{GWOIA}}
ISO 3166-1 alpha-3	TWN
Treaties
Univ. Copyright Convention	30 October 1992
URAA restoration date‌*	1 January 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 the copyright rules of Taiwan relevant to uploading works into Wikimedia Commons. Note that any work originating in Taiwan must be in the public domain, or available under a free license, in both Taiwan 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 Taiwan, refer to the relevant laws for clarification.

Background

The island of Taiwan was annexed by Qing China in 1683, then ceded to Japan in 1895. The Republic of China (ROC) assumed control of Taiwan in 1945 after Japan's defeat in World War II. In 1949, the government of the ROC fled to Taiwan from mainland China. In 1971, the ROC lost its seat in the United Nations to the People's Republic of China (PRC).

The copyright laws of the Republic of China are codified in the Copyright Act as amended on 15 June 2022, in effect in Taiwan, Penghu, Kinmen, and Matsu. A list of changes to copyright laws since 1928 is available at Wikibooks.

Applicability

Works covered by copyright as listed at Article 5 are:^{[2022 Art.5]}

• Oral and literary works.
• Musical works.
• Dramatic and choreographic works.
• Artistic works.
• Photographic works.
• Pictorial and graphical works.
• Audiovisual works.
• Sound recordings.
• Architectural works.
• Computer programs.

General

According to the Copyright Act as amended on 15 June 2022,

• Generally, economic rights endure for the life of the author and 50 years after the author's death.^{[2022 Art.30]}
• Where a work is first publicly released between the 40th and 50th years after the author's death, the economic rights shall endure for a term of 10 years beginning from the time of the first public release.^{[2022 Art.30]}
• Economic rights in a joint work subsist for 50 years after the death of the last surviving author.^{[2022 Art.31]}
• Economic rights in a pseudonymous work or an anonymous work endure for 50 years from the time of public release; provided, the economic rights shall be extinguished where it can be proven that the author has been deceased for over 50 years. These provisions do not apply when the pseudonym of the author is well known to the public.^{[2022 Art.32]}
• Economic rights in works authored by a legal entity endure for 50 years after the public release of the work; provided, if the work is not publicly released within 50 years from the completion of the creation, the economic rights shall subsist for 50 years after completion of the creation.^{[2022 Art.33]}
• Economic rights for photographic works, audiovisual works, sound recordings, and performances endure for 50 years after the public release of the work. The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.^{[2022 Art.34]}
• All the above terms of duration terminate as of the last day of the last year of the term.^{[2022 Art.35]}

Not protected

According to the Copyright Act as amended on 15 June 2022, The following items shall not be the subject matter of copyright, to which {{PD-ROC-exempt}} applied:^{[2022 Art.9]}

1. The constitution, acts, regulations, or official documents.
2. Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
3. Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
4. Oral and literary works for news reports that are intended strictly to communicate facts.
5. Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.

The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties.^{[2022 Art.9]}

According to Taiwan Intellectual Property Office (TIPO), symbols, seals, flags, or emblems that are formulated according to law are not subject to copyright protection under Article 9.

Terms

Individual works

Date of author's death	Date of publication	Copyright tag
from 1 January 1895 until 31 December 1914 date QS:P,+1500-00-00T00:00:00Z/6,P580,+1895-01-01T00:00:00Z/11,P582,+1914-12-31T00:00:00Z/11	until 31 December 1928 date QS:P,+1928-12-31T00:00:00Z/7,P582,+1928-12-31T00:00:00Z/11	{{PD-Japan-1899}} + {{PD-old-auto-expired|deathyear=death year}}
from 1 January 1915 date QS:P,+1915-01-01T00:00:00Z/7,P580,+1915-01-01T00:00:00Z/11	until 31 December 1928 date QS:P,+1928-12-31T00:00:00Z/7,P582,+1928-12-31T00:00:00Z/11	{{PD-Taiwan-expired}} + {{PD-old-auto-expired|deathyear=death year}}
from 1 January 1915 until 31 December 1951 date QS:P,+1950-00-00T00:00:00Z/7,P580,+1915-01-01T00:00:00Z/11,P582,+1951-12-31T00:00:00Z/11	from 1 January 1929 date QS:P,+1929-01-01T00:00:00Z/7,P580,+1929-01-01T00:00:00Z/11	{{PD-Taiwan-1996}} + {{PD-old-auto-1996|country=Taiwan|deathyear=death year}}
Others		The work is still protected under Taiwanese law and/or URAA.

Anonymous or pseudonymous works

Date of publication	Copyright tag
from 1 January 1895 until 31 December 1914 date QS:P,+1500-00-00T00:00:00Z/6,P580,+1895-01-01T00:00:00Z/11,P582,+1914-12-31T00:00:00Z/11	{{PD-Japan-1899}} + {{PD-anon-expired}}
from 1 January 1915 until 31 December 1928 date QS:P,+1950-00-00T00:00:00Z/7,P580,+1915-01-01T00:00:00Z/11,P582,+1928-12-31T00:00:00Z/11	{{PD-Taiwan-expired}} + {{PD-anon-expired}}
from 1 January 1929 until 31 December 1951 date QS:P,+1950-00-00T00:00:00Z/7,P580,+1929-01-01T00:00:00Z/11,P582,+1951-12-31T00:00:00Z/11	{{PD-Taiwan-1996}} + {{PD-anon-auto-1996|country=Taiwan|publication=year}}
Others	The work is still protected under Taiwanese law and/or URAA.

Cooperative works

Date of publication	Copyright tag
from 1 January 1895 until 31 December 1914 date QS:P,+1500-00-00T00:00:00Z/6,P580,+1895-01-01T00:00:00Z/11,P582,+1914-12-31T00:00:00Z/11	{{PD-Japan-1899}} + {{PD-US-expired}}
from 1 January 1915 until 31 December 1928 date QS:P,+1950-00-00T00:00:00Z/7,P580,+1915-01-01T00:00:00Z/11,P582,+1928-12-31T00:00:00Z/11	{{PD-Taiwan-expired}}
from 1 January 1929 until 31 December 1951 date QS:P,+1950-00-00T00:00:00Z/7,P580,+1929-01-01T00:00:00Z/11,P582,+1951-12-31T00:00:00Z/11	{{PD-Taiwan-1996}}
Others	The work is still protected under Taiwanese law and/or URAA.

Old photographs

An old photograph of the Republic of China is in the public domain in both the Republic of China and the United States if it is one of the following:

1. A photograph published before 1952.
2. An anonymous photograph published before 2002 and whose author is certified dead before 1952.
3. A non-anonymous photograph taken before 1952 and unpublished within 50 years of being taken, but published before 2002.
4. A photograph not included in another work whose copyright term started before and continued to June 10, 1992 or not exclusively created for that work, and meeting one of the following conditions:
   • It's unregistered—taken before June 12, 1962 and published from July 12, 1965 until December 31, 2001.
   • It's registered—published before July 11, 1975, or taken before June 12, 1962 and published before 2002.
5. A photograph meeting the conditions of {{PD-US-unpublished}}.

See this page for further explanation.

Copyright tags

• {{PD-Taiwan}} – for images in the public domain according to the Republic of China (Taiwan).
• {{PD-China}} – for images in the public domain according to the People's Republic of China (mainland) and the Republic of China (Taiwan).
• {{PD-China-film}} – for movies or images from movies published in China more than 50 years ago according to Mainland China and Taiwan.
• {{PD-ROC-oldphoto}} – for old photographs in the public domain.
• {{PD-ROC-exempt}} – for files in the public domain according to the Republic of China for free of copyright.
• {{PD-ROC-official}} – for the attachments of the laws of the Republic of China from the website of the Legislative Yuan law system.
• {{PD-ROC-Presidential Office Gazette}} – for the Presidential Office Gazette from 20 May 1948 to present by the Presidential Office of the Republic of China.
• {{PD-ROC-Traffic Signs}} – for Taiwanese traffic signs from the website of the Institute of Transportation of the Ministry of Transportation and Communications.
• {{PD-ROC-Traffic Markings}} – for Taiwanese traffic markings from the website of the Institute of Transportation of the Ministry of Transportation and Communications.
• {{OGDL}} – for data released by government agency, government-owned business, public school and administrative legal entity and offered for use and re-use under the Open Government Data License, version 1.0.
• {{GWOIA}} – for information obtained from the websites of government agency, government-owned business, public school and administrative legal entity in Taiwan that includes the Government Website Open Information Announcement.

See also Commons:Copyright rules by territory/China:Copyright tags for works before and after 1949.

Currency

 Not OK for all New Taiwan Dollar, both banknotes and coins, per Commons:Deletion requests/NTD banknotes.

As explained by VRT ticket 2014050810011876, all NTDs are protected by copyright under the Copyright Act of Taiwan. The copyright holder is the Central Bank of the Republic of China (Taiwan):

In response to the enquiry in your e-mail dated April 27, 2014, please be noted that the images of our national currency are strictly under the protection of the Copyright Act of Taiwan. That means all the pictures on the NTD banknotes are not allowed to be exhibited on any commercial websites without our permission in advance.

For several years, some users claimed that {{GWOIA}} may apply to them, based on CBC's Government Website Open Data Announcement:

“

I. In order to facilitate better utilization by the general public of the information on this website, all of the Central Bank of the Republic of China (Taiwan)(herein known as CBC)’s publicly posted information and materials that are protected under copyright provisions may be utilized by the public without cost in a non-exclusive, reauthorization-available manner. The users may, without restriction on time and place, reproduce, adapt, edit, publicly transmit, or utilize in other ways, and develop various products or services (herein known as derivations). This authorization will not be retracted hereafter, and the users do not have to acquire any written or other types of authorization from the CBC. However, when using it, the users should acknowledge the source.

”

This is also not true as per another VRT ticket 2020051710002624, to which a CBC officer said that their GWOIA can only apply to their policy texts and photos made for hire that are photographed by their employees, and can't apply to any currency samples.

Please also note that there are several artworks and photograph works on currencies, they are all copyrighted, in Taiwan as per the copyright note, and in the United States as per URAA.

Inconclusive For Old Taiwan Dollars, their copyright terms should be treated case by case.

De minimis

Public space and artistic works

Commercial freedom of panorama is not allowed in Taiwan for copyrighted works of art (non-architecture). A de minimis standard was set by the Taiwan Intellectual Property Office regarding photographs that may show copyrighted monuments and murals of Taiwan:

(2) As to whether the photographing of outdoor graffiti (artistic works) and print it in postcards for sale constitute the situation of "reproduction of artistic works for the purpose of selling reproductions" in paragraph 4 of Article 58 of the Law, in principle, if a specific artistic work is taken as the "theme" or the "focus", and the photos are printed in postcards for sale, it should be the situation of paragraph 4 of Article 58, one shall not claim fair use in accordance with this article; However, if such artistic works are used as the background for portrait photos or other landscape photos, and such art works are "attached" to the photos (not the focus of photo), there is a space for fair use in accordance with Paragraph 4 of Article 58 of the Law. As for the situation of fair use in accordance with Article 58 of the Law mentioned in the Vol.192 (p.77) of TIPO's monthly magazine, it is only limited to the above-mentioned "incidental use" of outdoor artistic works.

— Excerpt of English translation of Email No.1111122

Note that in the context of Taiwanese copyright law, fair use is not "fair use" in the American context but is a synonym for a copyright limitation. Freedom of panorama and de minimis are considered as types of fair uses in Taiwan.

Freedom of panorama

• OK for buildings only {{FoP-Taiwan}}
•  Not OK for artistic works (sculptures, murals, and other non-architecture)

Article 58 of the "Copyright Act" states that:

Artistic works or architectural works displayed on a long-term basis on streets, in parks, on outside walls of buildings, or other outdoor locales open to the public, may be exploited by any means except under the following circumstances:

1. Reproduction of a building by construction of another building.
2. Reproduction of a work of sculpture by production of another sculpture.
3. Reproduction for the purpose of long-term public display in locales specified in this article.
4. Reproduction of artistic works solely for the purpose of selling copies.

Reproductions of artistic works are thus only for non-commercial purposes; therefore, such photographs are not free enough for Commons:  Not OK.

The Taiwan Intellectual Property Office upheld this exact and restrictive perspective on freedom of panorama in their two correspondences which are accessible online: Reply No.1111122 and Reply No.1111230. This not only replaces some inconsistent interpretations in the past which Wikimedia Commons accepted in 2018 (for 3D public art) and in 2020 (for 2D public art), but also reinstated the original standpoint of Wikimedia Commons regarding the Taiwanese freedom of panorama. A more recent correspondence from TIPO, Reply No.11260001910, reaffirms the prior replies and explicity states that the use of free Creative Commons licenses on photos of copyrighted public art (such as outdoor sculptures of Ju Ming and Hongtong village murals) as mandated by Wikimedia may result to copyright infringement as the licenses involve the use of those photos on post cards and other media in which the only purpose is to sell copies of the artistic work. TIPO suggested that the Creative Commons license terms should exclude "reproduction of artistic works solely for the purpose of selling copies of the said works."

Also, Article 64 states that:

• Who uses other people's works according to Article 44 to 47, Article 48 to Article 50, Article 52, Article 53, Article 55, Article 57, Article 58, and Articles 60 to 63, shall clearly indicate their origin.
• The source of the explicit source in the preceding paragraph shall be used in a reasonable manner except for those whose name is unknown or whose works are unknown.

See also these related discussions: in October 2021 and in January 2023 on Commons, and also an extensive discussion and debate over the matter in Chinese Wikipedia.

Architecture vs. artistic works

Reply No.11260001910 reaffirms the standards of what is an architectural work in Taiwan, citing Section 4 the Building Act. Accordingly, a building "refers to the structures or miscellaneous works fixed on the ground or under the ground surface, having top covers, beams, columns, or walls, and used for individuals or the public." According to TIPO, if a certain work belongs to the categories of both architectural works and artistic works, the said work is still subject to the non-commercial restrictions of Taiwanese freedom of panorama at Article 58, paragraph 4.

Threshold of originality

The level required for copyright is low. Independently created works with "minimal creativity" are eligible, according to Taiwan's Intellectual Property Office.

The following examples are OK:

• These two artworks with traditional design elements are unprotected, according to court decisions that they do not meet the originality threshold for copyright protection:

• 
• 

• Simple typeface, such as the typeface of Sunshow company logo:

• 

The following examples are  Not OK:

• Calligraphy works, including:
  • "燒烤飯糰" on this photo, is copyright protected ruled by a court.
  • "風月堂" (see the last page of the PDF document for the work in question).
• The graphic part of Sunshow company's logo. The court ruled that the graphic part of the logo: two hands clasped together, one over the other, is copyrightable, but the typeface "SUNSHOW" is not.
• The Louis Vuitton Monogram Multicolor pattern [4].

Signatures

 Not OK: This government regulation (archived from original) lists handwriting and calligraphy as examples of artistic works that are subject to copyright protection.

Stamps

According to the TIPO, stamps are considered as normal copyrighted artworks, not government works. Old stamps can be public domain following the #Terms section above.

See also

• 中華民國
• Category:Taiwanese FOP cases
• Category:License tags of Taiwan
• Commons:Copyright rules by territory/China

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:Tajikistan

Tajikistan

Copyright rules: Tajikistan Shortcut: COM:TAJIKISTAN
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-TJ-exempt}}
ISO 3166-1 alpha-3	TJK
Treaties
Berne convention	9 March 2000
WTO member	2 March 2013
URAA restoration date‌*	9 March 2000
WIPO treaty	5 April 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 Tajikistan relevant to uploading works into Wikimedia Commons. Note that any work originating in Tajikistan must be in the public domain, or available under a free license, in both Tajikistan 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 Tajikistan, refer to the relevant laws for clarification.

Background

The region of modern Tajikistan became part of the Russian Empire, and then was an autonomous republic in the Soviet Union. In 1929 it became a Soviet Republic. Tajikistan became fully independent on 9 September 1991 during the dissolution of the Soviet Union.

Tajikistan has been a member of the Berne Convention since 9 March 2000, the WIPO Copyright Treaty since 5 April 2009 and the World Trade Organization since 2 March 2013.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of the Republic of Tajikistan on Copyright and Related Rights (as amended up to 2009) as the main copyright law enacted by the legislature of Tajikistan. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the the Law on Copyright and Related Rights (as amended up to 2009),

• Copyright is protected for the entire life of the author and operates 50 years after the death of the author, except where stated otherwise in this article.^{[2009 Article 17]}
• For a collaborative work, protection lasts for the life of the co-authors and 50 years after the death of the last surviving co-author.^{[2009 Article 17]}
• For an anonymous or pseudonymous work, where the author's identity is not revealed, protection lasts for 50 years after lawful publication.^{[2009 Article 17]}

Terms are calculated starting from 1 January of the year following the event on which the term is based.^{[2009 Article 17]}

For works originating in other countries, the term of protection may not exceed that defined in the country of origin.^{[2009 Article 17]}

Not protected

Under the the Law on Copyright and Related Rights (as amended up to 2009), the following are not covered by copyright: official documents (laws, court decisions, other texts of legislative, administrative and judicial nature), as well as their official translations; state symbols and signs (flag, coat of arms, anthem, the Order, the national currency and other public signs); communications concerning events and fact of informational nature; works of folklore.^{[2009 Article 7]}

Copyright tags

• {{PD-TJ-exempt}} – for formal documents (laws, judgements, other texts of legal, administrative and judicial nature), and also their official translations; state symbols and signs (flags, coats of arms, awards, banknotes and so on); communications concerning events and facts that have informational character; works of folk arts

Currency

OK. Under the the Law on Copyright and Related Rights (as amended up to 2009), Tajikistan currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright.^{[2009 Article 7]}

Please use {{PD-TJ-exempt}} for Tajikistan currency images.

Freedom of panorama

 Not OK. Under the the Law on Copyright and Related Rights (as amended up to 2009), only incidental and non-commercial use is allowed:

• It is permitted without the consent of the author or other owner of the copyright rights and without payment of author's remuneration, to reproduce and broadcast by radio or cable for general information architecture works, photography and graphic arts which are permanently located in a public place, apart from cases where the work is the main subject, or where the image is used for commercial purposes.^{[2009 Article 21]}

Stamps

use {{PD-TJ-exempt}}.

Pursuant to Article 7 of Law on Copyright and Related Rights (as amended up to 2009) of the Republic of Tajikistan, "state symbols and signs" are not copyrighted.

Pursuant to Article 1 of Law of Tajikistan On Postal Services dated June 4, 2003, "state signs of payment for postal communication [are] postal stamps, which are attached to postal correspondence and confirm the payment of postal communication services, blocks, stamped envelopes, postal cards"

See also

• Тоҷикистон
• Category:Tajikistani FOP cases
• Category:Stamps of Tajikistan
• Commons:Copyright rules by territory/Soviet 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:Tanzania

Tanzania

Copyright rules: Tanzania Shortcut: COM:TANZANIA
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Create/publish + 50 years
Applied art	Create + 25 years
Other
Common licence tags	{{PD-Tanzania}}
ISO 3166-1 alpha-3	TZA
Treaties
Berne convention	25 July 1994
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

In the late 19th century Germany formed German East Africa, which became the British colony of Tanganyika after World War I. Zanzibar was a separate colonial jurisdiction. Following their respective independence in 1961 and 1963, the two entities merged in April 1964 to form the United Republic of Tanzania.

Tanzania has been a member of the Berne Convention since 25 July 1994 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighbouring Rights Act, 1999 as the main copyright law enacted by the legislature of Tanzania. WIPO holds the text of this law in their WIPO Lex database. The Copyright and Neighbouring Rights Act, 1999 became operational from December, 31, 1999.

Special laws apply to works originating in Zanzibar, which are covered by the Zanzibar Copyright Act, 2003.

General rules

Prior to 1966 {{PD-UKGov}} applies. The general copyright term, both before and after independence, is 50 years after the death of the last surviving author.

Under the 1999 Copyright and Neighbouring Rights Act a work first published in Tanzania is now in the public domain if it meets one of the following criteria:

• It is an anonymous work or pseudonymous work and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
• It is an audiovisual work, and 50 years have passed since the date of its publication (or creation, whatever date is the latest)
• It is a work of applied art and 25 years have passed since the date of its creation
• It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
• It is one of "laws and decisions of courts and administrative bodies as well as to official translations therefore"

For all post 1999 cases {{PD-Tanzania}} would apply.

Freedom of panorama

• Outside of Zanzibar:  Not OK for photographs ("still images"), OK for audio-visual works ("moving images or videos", use {{FoP-Tanzania}} only for the latter purposes)
• In Zanzibar:  Not OK except for photographs of public "folklore"

According to article 12 (6) of the "Copyright and Neighbouring Rights Act" (1999), reproduction of works of art and works of architecture is permitted in audio-visual and video recordings, if the work is permanently located in a place where it can be viewed by the public.

Per Part I, Preliminary provisions, ""audiovisual work" means 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."

Zanzibar, which is part of Tanzania, has a separate copyright law, the Zanzibar Copyright Act, 2003. It does not allow for a free reproduction of works in public premises, except for the works of folklore that are permanently located in a place visible by the public (Article 29-II). In this case, it may be reproduced in the form of a photograph, a film or a television broadcasting.

See also

• Tanzania
• Zanzibar
• Category:Tanzanian FOP cases
• Category:Zanzibari 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:Thailand

Thailand

Copyright rules: Thailand Shortcut: COM:THAILAND
Durations
Standard	Life + 50 years
Photograph	Create/Publish + 50 years (up to 2021); Standard duration (2022 onwards)
Anonymous	Create/Publish + 50 years
Audiovisual	Create/Publish + 50 years
Government	Create/Publish + 50 years State docs are Public domain
Applied art	Create/Publish + 25 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Thailand}} {{PD-TH-exempt}}
ISO 3166-1 alpha-3	THA
Treaties
Berne convention	17 July 1931
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Thailand (formerly called Siam) remained independent throughout the 18th and 19th centuries, the only country in Southeast Asia to avoid European colonization. It became a constitutional monarchy in 1932.

Thailand has been a member of the Berne Convention since 17 July 1931 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act B.E. 2537 (1994) as the main IP law enacted by the legislature of Thailand. WIPO holds the text of this law in their WIPO Lex database.

This act was modified by the Copyright Act (No. 2) B.E. 2558 (2015), which adds provisions related to exceptions, rights management and violations. It was further modified by the Copyright Act (No. 3) B.E. 2558 (2015) which covers recording of movies in movie theaters and exceptions for disabled persons. Wikisource holds the Thai language version of the Copyright Act, 1994 and modifying acts.

Copyright Act B.E. 2537 (1994) was further modified by Copyright Act (No. 5) B.E. 2565 (2022). This amendment is mainly aimed at "clarifying ISPs' safe harbors" as well as "adopting a notice-and-takedown system". A notable change though is the non-retroactive extension of term for photographic works.

Copyright term

According to the Copyright Act, BE 2537 (1994),

• Except as stated below, copyright subsists for the life of the author and for 50 years after his death.^{[2537/1994 Sec.19]}
• With a work of joint authorship, copyright subsists for the life of the joint authors and for 50 years after the death of the last surviving joint author.^{[2537/1994 Sec.19]}
• If the author or all joint authors die prior to the publication of a work, copyright subsists for 50 years from first publication of the work.^{[2537/1994 Sec.19]}
• Where the author is a legal person, copyright subsists for 50 years as from authorship; if the work is published during such period, the copyright subsists for 50 years from first publication.^{[2537/1994 Sec.19]}
• Copyright under this Act in a work which is created by a pseudonymous or anonymous author subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication. If the identity of the author becomes known, Section 19 applies mutatis mutandis.^{[2537/1994 Sec.20]}
• Copyright in an audiovisual work, a cinematographic work, a sound recording or a sound and video broadcasting work endures for fifty years as from the authorship, provided that if the work is published during such period, copyright endures for fifty years as from the first publication.^{[2537/1994 Sec.21 (amended by 2565/2022 Sec.6)]}
• Copyright in a work of applied art subsists for 25 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.^{[2537/1994 Sec.22]}
• Copyright in a work created in the course of employment, instruction or control subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.^{[2537/1994 Sec.23]}
• When the term of copyright protection expires in the course of a year and the expiry date is not the last calendar day of the year or the exact date of expiry is not known, copyright subsists until the last day of that calendar year.^{[2537/1994 Sec.25]}

Historical changes in copyright terms

• The Rights of Author Act, 120 RE had a general copyright term of 7 years after the author's death or 42 years after publication.^{[120 RE/1901 Sec.5]}
• In 1931, the Literary and Fine Arts Protection Act B.E. 2474 (1931) increased the copyright terms to:
  • 30 years after the author's death^{[2474/1931 Sec.14]}
  • 30 years after publication for works published after the death of the author ^{[2474/1931 Sec.14]}
  • 30 years after creation for photographic works^{[2474/1931 Sec.16]}
  • 30 years after creation for phonograph records and music rolls^{[2474/1931 Sec.17]}
  • 30 years after creation for films^{[2474/1931 Sec.18]}
  • 30 years after publication for newspapers^{[2474/1931 Sec.19]}
• On December 11, 1978, the Copyright Act B.E. 2521 (1978) increased the copyright terms. According to the Act, the new terms were:
  • Copyright under this Act is available throughout the age of the creator and exists for another fifty years since the creator died. ^{[2521/1978 Sec.16]}
  • In the case of co-creators, the copyright in such work exists throughout the age of the co-creator and continue to exist for fifty years since the last co-creator died. ^{[2521/1978 Sec.16]}
  • If all creators or co-creators died before the work was published, it is fifty years since publication.^{[2521/1978 Sec.16]}
  • In the event that the creator is a juristic person, the copyright is available for fifty years since the creator has been created. But if there is a publication during that period, let the copyright be available for another fifty years since the first publication. ^{[2521/1978 Sec.16]}
  • Copyrighted works under this Act that have been created by the creator using alias or do not appear to be the creator, the copyright is available for fifty years since the creation of that work. But if there is a publication that work during the said period, the copyright is for fifty years since the first publication. In the event that you know the creator, Section 16 shall be used to apply mutatis mutandis.^{[2521/1978 Sec.17]}
  • Copyright in photographic works, audio-visual materials, films or broadcasting works exists. for fifty years since creating that work. But if there is a publication during the said period The copyright is for fifty years since the first publication.^{[2521/1978 Sec.18]}
  • Copyright in applied art exists for twenty-five years since creating that work, but if there is publication during that period, the copyright is for twenty-five years since publication for the first time. ^{[2521/1978 Sec.19]}
  • Copyright in the work that has been created by hiring or according to the order or in the control of Section 12 exists for fifty years since creating that work. But if the work has been published during that period, let the copyright for fifty years since the first publication. ^{[2521/1978 Sec.20]}
  • At the age of copyright protection due in any year, if the maturity date of the protection copyright does not match the end of the calendar year. Or in the event that it is not possible to know the maturity date of copyright protection Of course, the copyright will still exist until the end of the calendar year.^{[2521/1978 Sec.22]}
• The new terms in the 1978 Act appear to be retroactive: Works that was created before the date this Act came into force and without copyright according to the Literary and Fine Arts Protection Act B.E. 2474 (1931), but are protected according to this act receive copyright protection according to this Act.^{[2521/1978 Sec.50]}

2022 amendment

The Copyright Act (No. 5) B.E. 2565 (2022) amended the Section 21 of the Copyright Act B.E. 2537 (1994), removing "photographic work" from the provision so that all photographs still protected by copyright are now subject to the standard 50-year term as stated by Section 19. However, Section 15 of the 2022 amendment law makes it clear that photographs that had fallen out of copyright upon the enactment of the act remain in public domain and are not covered by the extension. (The amendment act was published on the Government Gazette on 24 February 2022 and became effective 180 days after this publication.)

Section 21 before the 2022 amendment was read:

• Copyright in a photographic work, audiovisual work, cinematographic work, sound recording or audio and video broadcasting work subsists for 50 years from authorship; if the work is published during such period, copyright subsists for 50 years from first publication.^{[2537/1994 Sec.21]}

Not protected

The following are not deemed copyright works:

• News of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;^{[2537/1994 Sec.7(1)]}
• The constitution and legislation;^{[2537/1994 Sec.7(2)]}
• Regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;^{[2537/1994 Sec.7(3)]}
• Judicial decisions, orders, decisions and official reports;^{[2537/1994 Sec.7(4)]}
• Translations and collections of the materials referred to above, made by the Ministries, Departments or any other government or local units.^{[2537/1994 Sec.7(5)]}

Copyright tags

• {{PD-Thailand}} – for works from Thailand, which have different copyright terms depending on type, usually 50 years after the creator's death or 50 years after publication.
• {{PD-TH-exempt}} – for works ineligible for copyright in Thailand, including laws and official government documents.

Currency

 Not OK: Reproduction of banknote images requires a permission from the Bank of Thailand.

Freedom of panorama

OK {{FoP-Thailand}}

The Thai Copyright Act of B.E. 2537 (A.D. 1994) states that:

• A drawing, painting, construction, engraving, moulding, carving, lithographing, photographing, cinematographing, video broadcasting or any similar act of an artistic work, except an architectural work, which is openly located in a public place shall not be deemed an infringement of copyright in the artistic work.^{[2537/1994 Sec.37]}
• A drawing, painting, engraving, moulding, carving, lithographing, photographing, cinematographing or video broadcasting of an architectural work shall not be deemed an infringement of copyright in the architectural work.^{[2537/1994 Sec.38]}

For artistic works that are not situated in public spaces (not "openly located in a public place"), these can only be photographed freely if de minimis:

• A photograph or cinematograph or video broadcast of a work of which an artistic work is a component shall not be deemed an infringement of copyright in the artistic work.^{[2537/1994 Sec.39]}
• Note that artistic work as defined by Section 4 of the law does not include works of literature. On the other hand, architecture as defined in the same section includes "design of buildings or constructions, a design of interior or exterior decoration as well as a landscape design or a creation of a model of buildings or constructions." It can be interpreted that elegant bridges are works of architecture that fall under the freedom of panorama, through the element "constructions."

According to several Thai Wikimedians, the Thai text of Copyright Act B.E. 2537 (1994) gives a more comprehensive clause, containing permanence requirement. (Reference: Commons:Deletion requests/File:Prince Dipangkorn Rasmijoti poster for mother's milk.jpg)

See also: Category:Thai FOP cases.

Threshold of originality

According to LawPlus Ltd. (2019), "a copyright work does not need distinctiveness required for a trademark but it must be a creative expression of an original idea of its author. The required level of originality or creativity is minimal." It can be interpreted that Thailand's threshold of originality for logos is low.

Stamps

The copyright of postage stamps is held by Thailand Post and lasts 50 years. Public domain for stamps published before 9 November 1974.^{[2537/1994 Sec.23]}

See also

• ประเทศไทย
• Category:License tags of Thailand
• Category:Stamps of Thailand

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:Togo

Togo

Copyright rules: Togo Shortcut: COM:TOGO
Durations
Standard	Life + 50 years
Photograph	Life + 25 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Collective	Publish + 50 years
Applied art	Life + 25 years
Other
Freedom of panorama	Only allowed through film and television broadcasting
Terms run to year end	Yes
Common licence tags	{{PD-Togo}}
ISO 3166-1 alpha-3	TGO
Treaties
Berne convention	30 April 1975
Bangui Agreement	8 February 1982
WTO member	31 May 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	21 May 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 Togo relevant to uploading works into Wikimedia Commons. Note that any work originating in Togo must be in the public domain, or available under a free license, in both Togo 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 Togo, refer to the relevant laws for clarification.

Background

In 1884, Germany declared a region including present-day Togo as a protectorate called Togoland. After World War I, rule over Togo was transferred to France. Togo gained its independence from France on 27 April 1960.

Togo has been a member of the Berne Convention since 30 April 1975, the Bangui Agreement since 8 February 1982, the World Trade Organization since 31 May 1995 and the WIPO Copyright Treaty since 21 May 2003.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 91-12 of June 10, 1991 on the Protection of Copyright, Folklore and Related Rights as the main copyright law enacted by the legislature of Togo. WIPO holds the text of this law in their WIPO Lex database. The law is retroactive: "Any provisions that contradict this Law are hereby repealed".^{[91-12/1991 Article 119]}

General rules

Under Law No. 91-12 of June 10, 1991,

• Copyright shall exist for the lifetime of the author and 50 calendar years from the end of the year of his death.^{[91-12/1991 Article 36]}
• For a collaborative work, the only date taken into account to calculate the term shall be the date of death of the last surviving collaborator.^{[91-12/1991 Article 36]}
• Copyright shall exist for 50 calendar years from the end of the year during which the work was lawfully made available to the public in the case of anonymous or pseudonymous works, cinematographic works, posthumous works and collective works.^{[91-12/1991 Article 37(a)]}
• Copyright shall exist for 25 years from the end of the year of death of the author in the case of photographic works or applied arts.^{[91-12/1991 Article 37(b)]}

==Currency== Unsure West African CFA franc used in Togo has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law, but it is not known if it also applies to West African CFA franc.

See also: COM:CUR France

Freedom of panorama

 Not OK. Reproductions of artistic works are only allowed through film and television broadcasting if the works are permanently located in public places, not photographs.

• ­The reproduction in a film or television program or public communication of figurative works of art or architecture that are permanently located in a public place or included in the film or program in a way that is incidental to the main subject, shall be lawful.^{[91-12/1991 Article 24]}

Domaine public payant

See also: Commons:Paying public domain

On expiration of the terms of protection referred to in this Law, the author's works shall enter the public domain. The right of exploitation of works in the public domain shall be administered by the Copyright Office of Togo (BUTODRA).^{[91-12/1991 Article 64]} The public performance and reproduction of such works shall require authorization by the said body. That authorization shall, in the case of an event held for profit­ making purposes, be granted against payment of a royalty calculated according to the gross revenue from the exploitation. The amount of the royalty shall be equal to half of that usually payable for works in the same category of the private domain for the period of protection. The proceeds from that royalty shall be used for cultural and social purposes for the benefit of Togolese authors.^{[91-12/1991 Article 65]}

Folklore

Folklore shall belong originally to the national cultural heritage. For the purposes of this Law, "folklore" shall mean all literary and artistic productions created in Togo by anonymous, unknown or forgotten authors presumed to be of Togolese nationality or from ethnic Togolese communities, passed from generation to generation and constituting one of the basic elements of the Togolese cultural heritage.^{[91-12/1991 Article 66]} There shall be no time limit on the protection of works of national folklore.^{[91-12/1991 Article 67]} The public performance and reproduction by any means whatsoever of national folklore with a view to exploitation for profit ­making purposes shall be subject to prior authorization by the Copyright Office of Togo (BUTODRA), against payment of a royalty.^{[91-12/1991 Article 69]}

See also

• Category:Togolese 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:Tonga

Tonga

Copyright rules: Tonga Shortcut: COM:TONGA
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Collective	Create/publish + 50 years
Government	Public domain
Applied art	Create + 25 years
Other
Terms run to year end	yes
Common licence tags	{{PD-Tonga}}
ISO 3166-1 alpha-3	TON
Treaties
Berne convention	14 June 2001
WTO member	27 July 2007
URAA restoration date‌*	14 June 2001
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

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

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

Application

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

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

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

General rules

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

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

Not protected

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

Freedom of panorama

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

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

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

Stamps

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

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

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

See also

• Category:Tongan FOP cases
• Tonga
• Category:Stamps of Tonga

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:Trinidad and Tobago

Trinidad and Tobago

Copyright rules: Trinidad and Tobago Shortcut: COM:TRINIDAD AND TOBAGO
Durations
Standard	Life + 50 years
Anonymous	Publish + 75 years
Collective	Create/publish + 75 years
Applied art	Create + 25 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Trinidad and Tobago}}
ISO 3166-1 alpha-3	TTO
Treaties
Berne convention	16 August 1988
Univ. Copyright Convention	19 August 1988
WTO member	1 March 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	28 November 2008
*‌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 Trinidad and Tobago relevant to uploading works into Wikimedia Commons. Note that any work originating in Trinidad and Tobago must be in the public domain, or available under a free license, in both Trinidad and Tobago 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 Trinidad and Tobago, refer to the relevant laws for clarification.

Governing laws

Trinidad and Tobago has been a member of the Berne Convention since 16 August 1988, the WIPO treaty since 28 November 2008 and the World Trade Organization since 1 March 1995, as well as a signatory to various other international treaties.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, Cap. 82:80 8 of 1997 amended by 18 of 2000, 5 of 2008 as the main IP law enacted by the legislature of Trinidad and Tobago. WIPO holds the text of this law in their WIPO Lex database. This law repeals and replaces the Copyright Act 1985.^{[5/2008 Section 56]}

Applicability

Copyright covers literary and artistic works that are original intellectual creations in the literary and artistic domain, including (a) books, pamphlets, articles, computer programs and other writings; (b) speeches, lectures, addresses, sermons and other works of the same nature; (c) dramatic works, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions; (d) stage productions of works mentioned in paragraph (c); (e) musical works, with or without accompanying words; (f) audio-visual works; (g) works of architecture; (h) works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; (i) photographic works; (j) works of applied art; (k) illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science.^{[5/2008 Section 5]}

The following are also protected: (a) translations, adaptations, arrangements and other transformations or modifications of works; (b) collections of works and collections of mere data (databases), whether in machine readable or other form, provided that such collections are original by reason of the selection, co-ordination or arrangement of their contents; and (c) works of mas. Protection of these works is without prejudice to any protection of a pre-existing work incorporated in or utilised for the making of such a work.^{[5/2008 Section 6]}

"Work of mas" is an original production intended to be performed by a person or a group of persons in which an artistic work in the form of an adornment or image presented by the person or persons is the primary element of the production, and in which such adornment or image may be accompanied by words, music, choreography or other works, regardless of whether the production is intended to be performed on stage, platform, street or other venue.^{[5/2008 Section 3]}

Durations

The 2008 version of the law states that:

• Copyright and moral rights of the author are protected during the life of the author and for fifty years after his death.^{[5/2008 Section 18(1)]}
• A "Work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the contribution of each author is not separate from that of the other author or authors and the work does not qualify as a “collective work” under the definition of "collective work".^{[5/2008 Section 3]} Copyright and moral rights are protected during the life of the last surviving author and for fifty years after his death.^{[5/2008 Section 18(2)]}
• A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural person or legal entity, with the understanding that it will be published by the latter person or entity under his or its own name and subject to the moral rights of the contributing natural persons.^{[5/2008 Section 3]} For collective works other than works of applied art, and for audio-visual works, copyright and moral rights are protected for
  • 75 years from the date on which the work was first published;
  • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
  • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.^{[5/2008 Section 18(3)]}
• For works published anonymously or under a pseudonym where the author's identity does not become known, copyright and moral rights are protected for
  • 75 years from the date on which the work was first published;
  • 75 years from the date on which the work was first made available to the public, if the work has not been published before twenty five years after its making; or
  • 100 years from the making of the work, if the work had neither been made available to the public nor published before twenty-five years after its making.^{[5/2008 Section 18(4)]}
• A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale [5/2008 Section 3. For works of applied art, copyright and moral rights are protected for 25 years from the making of the work.^{[5/2008 Section 18(5)]}

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.^{[5/2008 Section 18(6)]}

==Not protected==There is no copyright protection for any official text of a legislative, administrative or legal nature, as well as any official translation thereof; or political speeches and speeches delivered in the course of legal proceedings. However, collections of such texts or speeches may be protected if they are original by reason of the selection, co-ordination or arrangement of their contents.^{[5/2008 Section 7]}

Freedom of panorama

OK {{FoP-Trinidad and Tobago}} The 2008 Copyright Act states, "Notwithstanding the provisions of sections 8(1) and 16, the inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.^{[5/2008 Section 17]}

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:Tunisia

Tunisia

Copyright rules: Tunisia Shortcut: COM:TUNISIA
Durations
Standard	Life + 50 years
Photograph	Creation + 50 years
Anonymous	Publish + 50 years
Audiovisual	Create/publish + 50 years
Posthumous	Publish + 50 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Tunisia}}
ISO 3166-1 alpha-3	TUN
Treaties
Berne convention	5 December 1887
WTO member	29 March 1995
URAA restoration date‌*	1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

The French colonization of Tunisia occurred in 1881. Tunisia gained full independence on 20 March 1956.

Tunisia has been a member of the Berne Convention since 5 December 1887 and the World Trade Organization since 29 March 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-36 of February 24, 1994, on Literary and Artistic Property as the main IP law enacted by the legislature of Tunisia. WIPO holds the text of this law in their WIPO Lex database. This was amended by Law No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24 February 1994 on literary and artistic property.

General rules

According to the 1994 law as amended in 2009,

• Protection of the rights of the author lasts during his entire life, the remainder of the year of his death and 50 years, as from January first of the year following that of his death.^{[2009-33 Article 18]}
• For works of collaboration, protection lasts during 50 years as from the first of January of the year following that of the death of the last co-author.^{[2009-33 Article 18]}
• For anonymous or pseudonymous works, protection lasts 50 years as from the first of January of the year following that of the first publication of work.^{[2009-33 Article 18]}
• For works published after the author death, protection lasts 50 years as from January first of the year following that of the first publication of work.^{[2009-33 Article 18]}
• The protection of the pecuniary rights of the author for photographic works lasts 50 years as from the date of realization of work.^{[2009-33 Article 19]}
• The duration of protection of the pecuniary rights of cinematographic or audio-visual works is 50 years as from the first licit public representation of work. In the absence of representation, the duration of this protection is fifty years as from the date of realization of the first copy of reference.^{[2009-33 Article 42bis]}

Before 5 July 2009, a photographic work was protected for 25 years from creation. Pictures taken before July 5, 1984 have already been placed into the public domain.

Folklore: not free

See also: Commons:Paying public domain

Folklore forms part of the national heritage and any transcription of folklore with a view to exploitation for profit shall require authorization from the Ministry responsible for culture against payment of a fee for the benefit of the welfare fund of the Copyright Protection Agency. Authorization from the Ministry responsible for culture shall also be required for the production of works inspired by folklore for the full or partial assignment of copyright in a work inspired by folklore or for an exclusive license with respect to such work. Folklore within the meaning of this Law shall be any artistic heritage bequeathed by preceding generations and bound up with customs and traditions and any aspect of folk creation such as folk stories, writings, music and dance.^{[94-36/1994 Article 7]}

Copyright tags

{{PD-Tunisia}}

The Tunisian law n°94-36 of February 24, 1994 on literary and artistic property stipulates that:

• Copyright shall subsist for the lifetime of the author and for 50 Gregorian years counted from January 1 of the year following the author's death…
• In the case of works of joint authorship, the date of the death of the last surviving author…
• In the case of anonymous or pseudonymous works, copyright shall subsist for 50 years as from the date on which the work has been lawfully made available to the public…
• In the case of photographic works, copyright shall only subsist for 25 Gregorian years as from the year during which the work was made.

Freedom of panorama

OK {{FoP-Tunisia}}

Allowed uses without permission include "the reproduction or communication of a work of architecture or fine arts, or of a work of the applied arts or a photographic work, when it is located permanently in a public place, except for the museums, art galleries or any artistic heritage bequeathed by the former generations.^{[2009-33 Article 10(g)]}

See also

• تونس / Tunest / Tunisie
• Category:Tunisian 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:Turkey

Turkey

Copyright rules: Turkey Shortcut: COM:TURKEY
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Common licence tags	{{PD-Turkey}} {{PD-TR-currency}}
ISO 3166-1 alpha-3	TUR
Treaties
Berne convention	1 January 1952
WTO member	26 March 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	28 November 2008
*‌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 Turkey (or Türkiye) relevant to uploading works into Wikimedia Commons. Note that any work originating in Turkey must be in the public domain, or available under a free license, in both Turkey 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 Turkey, refer to the relevant laws for clarification.

Background

The modern republic of Turkey was formed in 1923 as a successor state to the Ottoman Empire.

Turkey has been a member of the Berne Convention since 1 January 1952, the World Trade Organization since 26 March 1995 and the WIPO Copyright Treaty since 28 November 2008.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020) as the main IP law enacted by the legislature of Turkey. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

• The author of a work is the one who made it. The author of a adaptation and compilation is who processes it, provided that the rights of the original author are protected.^{[5846/1951 Article 8]}
• The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.^{[5846/1951 Article 18]}
• The term of protection shall last for the lifetime of the author and for 70 years after his death.^{[5846/1951 Article 27]}
• If there is more than one author, this period shall end upon the expiry of 70 years after the death of the last surviving author.^{[5846/1951 Article 27]}
• The term of protection for works that have been first made public after the death of the author shall be 70 years after the date of death.^{[5846/1951 Article 27]}
• The term of protection for anonymous works where the author remains unknown shall be 70 years from the date on which the work was made public.^{[5846/1951 Article 27]}
• If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.^{[5846/1951 Article 27]}

Previous term

The original 1951 copyright law had a copyright term of 50 years before being extended to 70 years in 1995.

Not protected

The reproduction, distribution, adaptation or exploitation in any other form of laws, by­laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.^{[5846/1951 Article 31]}

Copyright tags

• {{PD-Turkey}} for works whose author died more than 70 years ago, and anonymous works published more than 70 years ago.
• {{PD-TR-currency}} for images of Turkish currency.
• {{Legislation-TR}} for Turkish legislation

Currency

OK: Electronic reproductions of banknotes and coins are permitted by the Central Bank of the Republic of Turkey, under the following conditions:

• They must not exceed 72 dpi (dots per inch); and
• The expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be at least 75 percent of the length of reproduction, and the height thereof must be at least 15 percent of the width of the reproduction. The characters must be written in a non-transparent (opaque) color contrasting with the dominant color of the respective banknote. In two-sided reproductions, the abovementioned expression must be printed on both sides.

Freedom of panorama

OK only for exterior architecture and artistic works permanently found on public streets, avenues, and squares.  Not OK for interior architecture and artistic works found in other types of public places (like outdoor parks or museum indoors). {{FoP-Turkey}} Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

• Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.^{[5846/1951 Article 40]}
• Works of fine arts are the following works, which have aesthetic value: Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.^{[5846/1951 Article 4]}

See also Commons talk:Freedom of panorama/Archive 9#Turkey for a discussion about Turkish freedom of panorama.

Stamps

Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

• The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.^{[5846/1951 Article 18]}
• If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.^{[5846/1951 Article 27]}

The copyright for stamps therefore belongs to the Turkish government and lasts 70 years from publication. Thus, any stamp issued 70 or more years ago (published before 1 January 1954) is public domain.

Threshold of originality

Might be OK The Turkish copyright laws depend on the work bearing the characteristics of its creator while deciding whether the work is original, and considered on a case-by-case basis.

See also

• Türkiye
• Category:License tags of Turkey
• Category:Stamps of Turkey
• Category:Turkish FOP cases
• Commons:Copyright rules by territory/Ottoman Empire

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:Turkmenistan

Turkmenistan

Copyright rules: Turkmenistan Shortcut: COM:TURKMENISTAN
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Posthumous	Publish + 50 years
Other
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-TK-exempt}}
ISO 3166-1 alpha-3	TKM
Treaties
Berne convention	29 May 2016
URAA restoration date‌*	29 May 2016
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Turkmenistan was annexed to the Russian Empire in 1881, and became part of the Soviet Union in 1917. The Turkmen Soviet Socialist Republic was formed in 1924. Turkmenistan became fully independent with the collapse of the Soviet Union in 1991.

Turkmenistan has been a member of the Berne Convention since 29 May 2016.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 257-IV of January 10, 2012, on Copyright and Related Rights as the main copyright law enacted by the legislature of Turkmenistan. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under Law No. 257-IV of January 10, 2012:

• Copyright lasts for the life of the author and 50 years after his death, except as provided in Article 23(2) to (5).^{[2012 Article 23(1)]}
• Copyright for works published anonymously or under a pseudonym are valid for 50 years after the date of lawful promulgation.^{[2012 Article 23(2)]}
• Copyright in a work created in collaboration is valid for life and fifty years after the death of the last of the authors.^{[2012 Article 23(3)]}
• Copyright in a work first published after the death of the author is valid for 50 years after its release.^{[2012 Article 23(3)]}

Calculation of dates begins on 1 January of the year after the year of the event that is the basis for calculating the duration.^{[2012 Article 23(3)]}

Not protected

Under Law No. 257-IV of January 10, 2012, works not subject to copyright are:^{[2012 Article 7]}

• Official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations;
• State symbols and signs (flag, emblem, anthem, awards, banknotes and other state symbols and signs);
• Folk art (expressions of folklore);
• Messages about events and facts that have an informational nature.

Copyright tags

• {{PD-TM-exempt}} – Work that is not an object of copyright pursuant to Article 7 of the Law No. 257-IV of January 10, 2012, on copyright and related rights. Works that are not Objects of Copyright are official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations; state symbols and signs (flag, emblem, anthem, awards, banknotes and other state symbols and signs); folk art (expressions of folklore); reports about events and facts that have an informational nature.

Currency

OK Turkmenistan currency is not copyrighted. Banknotes and other state symbols, are explicitly excluded from copyright by Law No. 257-IV of January 10, 2012, Article 7.

Please use {{PD-TM-exempt}} for Turkmenistan currency images.

Freedom of panorama

 Not OK. Only allowed for incidental, non-commercial use. Under Law No. 257-IV of January 10, 2012, permitted use includes:

• Reproduction, broadcasting or communication to the public by cable of works of architecture, photography or fine art permanently located in a place open to public access, except when the image of the work is the main subject or it is used for commercial purposes;^{[2012 Article 19(7)]}

Stamps

According to Law No. 257-IV of January 10, 2012, Article 7, state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs) are not copyrightable; therefore the postage stamps of Turkmenistan are in public domain. Use the {{PD-TK-exempt}} tag for each image.

See also

• Türkmenistan
• Category:Stamps of Turkmenistan
• Category:Turkmenistani FOP cases
• Commons:Copyright rules by territory/Soviet 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:Tuvalu

Tuvalu

Copyright rules: Tuvalu Shortcut: COM:TUVALU
Durations
Standard	Life + 50 years
Photograph	Publish + 50 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Posthumous	Publish + 50 years
Government	Publish + 50 years
Other
Common licence tags	{{PD-Tuvalu}}
ISO 3166-1 alpha-3	TUV
Treaties
Berne convention	2 June 2017
URAA restoration date‌*	2 June 2017
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

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

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

General rules

Under the Copyright Act 1956 of England,

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

Government works

Under the Copyright Act 1956 of England,

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

Freedom of panorama

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

Citations

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

Copyright rules by territory

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