Commons:Copyright rules by territory/Consolidated list Y
This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.
COM:Yemen
Yemen
Copyright rules: Yemen Shortcut: COM:YEMEN | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Creation + 25 years |
Anonymous | Publication + 50 years |
Audiovisual | Publication + 50 years / Creation + 50 years (unpublished) |
Other | |
Terms run to year end | from the year before the event |
Common licence tags | {{PD-Yemen}} |
ISO 3166-1 alpha-3 | YEM |
Treaties | |
Berne convention | 14 July 2008 |
WTO member | 26 June 2014 |
URAA restoration date* | 14 April 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 Yemen relevant to uploading works into Wikimedia Commons. Note that any work originating in Yemen must be in the public domain, or available under a free license, in both Yemen 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 Yemen, refer to the relevant laws for clarification.
Background
[edit]Yemen was divided between the Ottoman and British empires in the early 20th century. North Yemen became a kingdom after World War I, then a republic in 1962. South Yemen was a British protectorate known as the Aden Protectorate until 1967 when it became independent. The two Yemeni states united to form the modern republic of Yemen in 1990.
Yemen has been a member of the Berne Convention since 14 July 2008 and the World Trade Organization since 26 June 2014.[1]
As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, lists Law No. 15 of 2012 on the Protection of Copyright and Related Rights as the main copyright law of Yemen.[2] WIPO holds both the Arabic and unofficial English texts of this law in their WIPO Lex database.[3][4] The law repeals the Intellectual Property Law (Presidential Law Decree No. 19 of 1994 in respect of Intellectual Property).[5]
Standard rules
[edit]Under the Law No. 15 of 2012 on the Protection of Copyright and Related Rights,
- The author’s financial rights shall be protected throughout his/her life and for fifty-years following his/her death.[15/2012 Article 31]
- The financial rights of a joint work shall be protected throughout the lives of all co-authors of the work and fifty-years thereafter starting from the beginning of the Gregorian year following the death of the last existing author of the work.[15/2012 Article 32]
- The duration for protecting financial rights of a collective work and audiovisual work shall be fifty years starting from the year following the first publication of the work. If the work is not published within fifty years from the date of achievement, the protection duration shall end after fifty years from the beginning of the Gregorian year following the achievement of the work.[15/2012 Article 33]
- The duration for protecting financial rights of a work which is published without mentioning the author's name or was published under a pseudonym shall last for fifty years starting from the beginning of the Gregorian year following the first publication of the work. If the author reveals his identity, the duration of protection shall be in accordance with the provisions of article (31) of the Law.[15/2012 Article 34]
- The financial rights of applied arts and photography shall be protected for twenty five years starting from the beginning of the Gregorian year following the achievement of the work.[15/2012 Article 35]
The repealed law, Intellectual Property Law (Presidential Decree No. 19 of 1994 on Intellectual Property), only granted a posthumous copyright term of 30 years for most works,[19/1994 Article 24] a copyright term of 25 years from the date of publication for works made by movie or T.V. film producers,[19/1994 Article 25] and a copyright term of 10 years from the date of issuance for photographs.[19/1994 Article 31] However, the current law appears retroactive:
- The provisions related to copyright provided in Republican Decree by Law No. (19) of 1994 on Intellectual Property Rights shall be cancelled as well as any text or provision in conflict with this law.[15/2012 Article 88]
Not protected
[edit]Yemeni works not protected:[15/2012 Article 5]
- Ideas, procedures, work methods, operations modes, concepts, principles and data even if expressed or described or clarified or inserted in a work.
- Official documents such as laws, regulations, government decisions texts of laws, government decisions, regulations, judicial verdicts, international agreements, all official documents and their official translations.
- The news about incidents or events which are merely media descriptive material.
- Works that have fallen into the public domain.
Copyright tags
[edit]- {{PD-Yemen}} – details are provided by the template. This also applies to old works published in the former states of Aden Settlement, Aden Province, Aden Colony, Aden Protectorate, the Federation of South Arabia and the People's Republic of Yemen, as Yemen is the successor state of these states.
Currency
[edit]Not OK
Freedom of panorama
[edit]Not OK: The list of exceptions (Articles 40–47) of the Law No. 15 of 2012 on the Protection of Copyright and Related Rights does not contain any freedom of panorama provision allowing free uses of images of copyrighted architectural and artistic works in public spaces. Only allowed uses:
- Personal use.[15/2012 Article 40(1)]
- Non-profit educational or training purposes ("with due reference be made to the source and name of the author").[15/2012 Article 40(2)]
- "Taking photographs of any entity that has been previously photographed."[15/2012 Article 40(4)]
See also
[edit]Citations
[edit]- ↑ Yemen Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2021).
- ↑ Law No. 15 of 2012 on the Protection of Copyright and Related Rights. WIPO: World Intellectual Property Organization (2012). Retrieved on 2021-12-17.
- ↑ قانون حماية حق المؤلف والحقوق المجاورة (in Arabic). Yemen (2012). Retrieved on 2021-12-17.
- ↑ Law No. 15 of 2012 on the Protection of Copyright and Related Rights (in English). Yemen (2012). Retrieved on 2021-12-17.
- ↑ Intellectual Property Law (Presidential Decree No. 19 of 1994 on Intellectual Property). WIPO: World Intellectual Property Organization (1994). Retrieved on 2021-12-17.
COM:Yugoslavia
Yugoslavia
Copyright rules: Yugoslavia Shortcut: COM:YUGOSLAVIA | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Publish + 25 years |
Applied art | Publish + 25 years |
Other | |
Common licence tags |
{{PD-Yugoslavia}} {{PD-YugoslaviaGov}} |
ISO 3166-1 alpha-3 | ~ |
Treaties | |
Berne convention | 17 June 1930 |
This page provides an overview of copyright rules of Yugoslavia relevant to uploading works into Wikimedia Commons. Note that any work originating in Yugoslavia must be in the public domain, or available under a free license, in both the country of origin 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 Yugoslavia, refer to the relevant laws for clarification.
History
[edit]The Kingdom of Yugoslavia was formed in 1918 after World War I, originally name the Kingdom of Serbs, Croats and Slovenes. It was dissolved in 1941 during World War II, but the Republic of Yugoslavia was formed in 1945 with much the same boundaries. Following the Yugoslav Wars that began in 1991 the country broke into Bosnia & Herzegovina, Croatia, Macedonia, Slovenia and Yugoslavia. This last was renamed the State Union of Serbia and Montenegro in 2003, which broke up into Serbia and Montenegro in 2006. In 2008 Kosovo declared its independence of Serbia. The Republic of Macedonia became the Republic of North Macedonia in 2019. Successor states are thus:
From | Successor | Copyright rules |
---|---|---|
1991 | Croatia | COM:CRT/Croatia |
1991 | North Macedonia | COM:CRT/North Macedonia |
1991 | Slovenia | COM:CRT/Slovenia |
1992 | Bosnia and Herzegovina | COM:CRT/Bosnia and Herzegovina |
2006 | Montenegro | COM:CRT/Montenegro |
2006 | Serbia | COM:CRT/Serbia |
2008 | Kosovo | COM:CRT/Kosovo |
The Kingdom of Yugoslavia became a member of the Berne Convention effective 17 June 1930.[1]
The successor states have passed their own copyright laws, but work originating in the former Yugoslavia that entered the public domain in Yugoslavia would be in the public domain in the successor states.
Standard rules
[edit]The Yugoslav Copyright Act of 1978 provided for a 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 would have entered the public domain under this act if it met one of the following criteria:
- A work of known authorship and the author died before 1974
- An anonymous work and it was published before 1974
- A photograph or a work of applied art published before 1999
A work first published in Yugoslavia would have been in the public domain before the breakup of SFR Yugoslavia in 1991 if it met one of the following criteria:
- A work of known authorship and the author died before January 1, 1941
- An anonymous work and it was published before January 1, 1941
- A photograph or a work of applied art published before January 1, 1966
However, The work would only be in the public domain in the successor state if it met the criteria defined in the law of that state (which could have reinstated copyright on some public domain works). Also, the work would only be in the public domain in the United States if
- It is now in the public domain under United States copyright terms and in the successor state, or
- It was in the public domain in the successor state on the Uruguay Round Agreements Act (URAA) date. This date would be 1 January 1996 for countries that were, on that date, members of either the Berne Convention, the World Trade Organization (WTO) or the WIPO Copyright Treaty.
Copyright tags
[edit]- {{PD-Yugoslavia}} – Generally 50 years after the author's death, with the exception of photographs or a works of applied art, respectively 25 years since published. After the breakup of Yugoslavia, there are different regulations for the successor states:
- {{PD-YugoslaviaGov}} – The copyright was owned by the federal authorities of the former Socialist Federal Republic of Yugoslavia, whose assets are now held jointly by its successor states:
For more information about Yugoslav copyright laws, see sh:Wikipedia:Autorska prava na području bivše Jugoslavije on the Serbo-Croatian Wikipedia.
Freedom of panorama
[edit]The Yugoslav Copyright Act of 1978 provided some form of freedom of panorama provision:
- It is allowed on the territory of the Socialist Federal Republic of Yugoslavia without the permission of the author...[693/1978 Article 48]
- reproduction of works of art exhibited on streets and squares, unless the reproduction of a sculptural work is obtained by printing from a mold.[693/1978 Article 48.4]
- reproduction of sculptural and painting works and works of architecture by means of photography in newspapers and magazines, unless the author expressly forbids it.[693/1978 Article 48.5]
The second succeeding paragraph after paragraph 5 of the article governed all exceptions under the article: "In all cases from paragraph 1 of this article, the name and surname of the author of the original work and the origin of the borrowing must be clearly indicated."
The freedom of panorama exception would only be applicable to photographs made during the Yugoslav era. Current photographs, including the uploaders' own photographs, are subject to the FoP rules of the successor states.
Citations
[edit]- ↑ Contracting Parties > Berne Convention > Serbia. WIPO. Retrieved on 26 March 2020.