Commons:Copyright rules by territory/Guinea/es
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Reglas de derechos de autor: Guinea Atajo: COM:GUINEA | |
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| Duraciones | |
|---|---|
| Estándar | Life + 80 years |
| Fotografía | Life + 40 years |
| Anónimas | Publica + 80 años |
| Audiovisuales | Publica + 80 años |
| Colectivas | Publica + 80 años |
| Póstumas | Publish + 80 years |
| Artes aplicadas | Life + 40 years |
| Otro | |
| Libertad de panorama | No |
| Términos hasta fin de año | Yes |
| Tratados | |
| Convención de Berna | 20 November 1980 |
| Acuerdo de Bangui | 18 January 1990 |
| Adhesión a la OMC | 25 October 1995 |
| Fecha de restauración de LARU* | 1 January 1996 |
| Tratado de la OMPI | 25 May 2002 |
| *Una obra generalmente está protegida en los E.E.U.U. Si es un tipo de obra con derechos de autor en los E.E.U.U., publicada después de 1928 y protegida en el país de origen en la fecha URAA. | |
This page provides an overview of copyright rules of Guinea relevant to uploading works into Wikimedia Commons. Note that any work originating in Guinea must be in the public domain, or available under a free license, in both Guinea and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Guinea, refer to the relevant laws for clarification.
Contexto
France established control of Guinea in the late 19th century and administered the region as a territory within French West Africa. After a referendum, Guinea became independent on 2 October 1958.
Guinea has been a member of the Berne Convention since 20 November 1980, the World Trade Organization since 25 October 1995 and the WIPO Copyright Treaty since 25 May 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Guinea.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General terms
- Copyright shall subsist during the lifetime of the author and for 80 calendar years from the end of the year of his death. In the case of a work of joint authorship, the only date taken into consideration for the calculation of the term of protection shall be that of the death of the last surviving coauthor.[1980 Article 42]
- Copyright shall subsist for 80 calendar years from the end of the year in which the work is lawfully made accessible to the public in the case of anonymous or pseudonymous works, cinematographic works; posthumous works and collective works.[1980 Article 43 (a)]
- Copyright shall subsist for 40 calendar years from the end of the year of the author's death in the case of photographic works and works of applied art.[1980 Article 43 (b)]
Folklore: not free
Folklore belongs to the national heritage, where "folklore" means all literary and artistic creations made by authors presumed to be of Guinean nationality, passed from generation to generation and constituting one of the basic elements of the traditional Guinean cultural heritage. Public performance or direct or indirect fixation of folklore with a view to its exploitation for profit-making purposes shall require the prior authorization of the BGDA (Guinean Copyright Office) obtainable against payment of a fee.[1980 Article 5]
Domaine Public Payant
Véase también: Commons:Dominio público pagante
On expiry of the terms of protection referred to in Articles 42 and 43, during which a recognized exclusive right belongs to authors, their heirs or successors in title, the works of the author shall fall into the public domain. Exploitation of works in the public domain shall be subject to respect for moral rights, prior declaration and payment of a fee, the product of which shall be paid to the BGDA and used for cultural and social purposes for the benefit of authors. The right of exploitation or performance of works in the public domain shall be administered by the BGDA.[1980 Article 45]
Libertad de panorama
Véase también: Commons:Libertad de panorama
: Non-commercial use only under the 2019 law (but non-commercial content is not allowed here); free use in audio-visual media only under the repealed 1980 law.
Under the Law on the Protection of Literary and Artistic Property (Law L/2019/0028/AN):
- By way of derogation from authors' rights, it is permitted to reproduce, broadcast or communicate by cable to the public an image of a work of architecture, a work of fine arts, a photographic work or a work of applied arts permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and if it is used for commercial purposes.[2019/0028 Article 27]
Under the now-repealed Act No. 043/APN/CP of August 9, 1980:
- It shall be lawful to reproduce in a film or in a television broadcast and to communicate to the public works of figurative art permanently located in a public place, or whose inclusion in the film or broadcast is only by way of background or is incidental to the essential matters represented.[1980 Article 14]
Véase también
Citas
- ↑ a b Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Act No. 043/APN/CP of August 9, 1980, adopting Provisions Relating to Copyright and Neighboring Rights. Guinea (1980). Retrieved on 2018-11-05.