Translations:Commons:Copyright rules by territory/Consolidated list Southern Africa/2/en
COM:Botswana
Botswana
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Copyright rules: Botswana Shortcut: COM:BOTSWANA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 50 years |
| Collective | Publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | BWA |
| Treaties | |
| Berne convention | 15 April 1998 |
| WTO member | 31 May 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 27 January 2005 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Botswana relevant to uploading works into Wikimedia Commons. Note that any work originating in Botswana must be in the public domain, or available under a free license, in both Botswana 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 Botswana, refer to the relevant laws for clarification.
Background
[edit]Botswana was formerly the British protectorate of Bechuanaland. The country adopted its new name after becoming independent within the Commonwealth on 30 September 1966.
Botswana has been a member of the Berne Convention since 15 April 1998, the WIPO treaty since 27 January 2005 and the World Trade Organization since 31 May 1995, as well as a signatory to various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright & Neighboring Rights Act, 2000 (Act No. 6 of 2006) as the main IP law enacted by the legislature of Botswana.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
[edit]Under Act 6 of 2006,
- Copyright in individual works is protected 50 years from the death of the author.[2006 Section 10.1]
- For joint works, copyright is protected for 50 years from death of the last surviving author.[2006 Section 10.2]
- For collective works and audiovisual works copyright is protected 50 years from the date of publication.[2006 Section 10.3]
- For anonymous works or pseudonymous works copyright is protected 50 years from the date of publication.[2006 Section 10.4]
- For works of applied art, copyright is protected for 25 years from creation.[2006 Section 10.5]
Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[2006 Section 10.6]
Not protected
[edit]Under Act 6 of 2006, no protection shall extend to (a) any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; (b) any official text of a legislative, administrative or legal nature, as well as any official translation thereof; (c) a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme; or (d) a sound recording or film which is, or to the extent that it is, a copy of a previous sound recording or film.[2006 Section 6.2]
Freedom of panorama
[edit]
Not OK: The Act of 2006 makes no provision for freedom of panorama other than "the reproduction and the broadcasting or other communication to the public, for the purpose of reporting current events, of short excerpts of a work seen or heard in the course of such events, to the extent justified by the purpose;"[2006 Section 18.b]
See also
[edit]Citations
[edit]- ↑ a b Botswana Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright & Neighboring Rights Act, 2000 (Act No. 6 of 2006). Botswana (2006). Retrieved on 2018-11-04.
COM:Eswatini
Eswatini
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Copyright rules: Eswatini Shortcut: COM:ESWATINI | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 50 years |
| Anonymous | Public display + 50 years |
| Audiovisual | Create + 50 years |
| Collective | Create + 50 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-old-auto}} |
| ISO 3166-1 alpha-3 | SWZ |
| Treaties | |
| Berne convention | 14 December 1998 |
| 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 Eswatini (up to 2018 Swaziland) relevant to uploading works into Wikimedia Commons. Note that any work originating in Eswatini must be in the public domain, or available under a free license, in both Eswatini 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 Eswatini, refer to the relevant laws for clarification.
Background
[edit]After the Second Boer War, Swaziland was a British protectorate from 1903 until it regained its independence on 6 September 1968. On 19 April 2018 the official English name was changed from Kingdom of Swaziland to Kingdom of Eswatini, mirroring its Swazi name.
Eswatini has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 14 December 1998.[1]
As of 2023, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright and Neighbouring Rights Act, 2018 as the main copyright law enacted by the legislature of Eswatini. It repealed the British-era Copyright Act, 1912 (Commonwealth Copyright).[1] WIPO holds the text of both laws in their WIPO Lex database.[2][3]
The 2018 copyright act does not appear to be retroactive.[2018 Section 107(2)] It also seems to apply the same copyright term of 50 years in all categories of works, but does not seem to inherit the freedom of panorama clause.
General terms
[edit]According to the 2018 Act,
- Copyright in audio-visual works, collective works, photographs, and computer programmes lasts for 50 years from the creation.[2018 Section 8(1)(a)]
- Copyright in sound recordings lasts for 50 years from first publication.[2018 Section 8(1)(b)]
- Copyright in broadcasts lasts for 50 years from first broadcasting.[2018 Section 8(1)(c)]
- Copyright in programmes carrying signals lasts for 50 years from the first transmission of the signal to the satellite.[2018 Section 8(1)(d)]
- Copyright in published editions last for 50 years from the first publication of the edition.[2018 Section 8(1)(d)]
- Other types of literary, musical, and artistic work follow the standard term of life of the author plus 50 years from the end of the year of his death.[2018 Section 8(1)(f)]
- Copyright in anonymous or pseudonymous literary works lasts for 50 years after the work was first made available to public.[2018 Section 8(3)] Once the identity of the author becomes known, the standard rules at Section 8(1) apply.
- Copyright in a work of joint authorship lasts for 50 years after the death of the author who dies first, or for the life of the author who dies last, whichever is longer.[2018 Section 8(4)]
Expressions of folklore
[edit]The Copyright and Neighbouring Rights Act, 2018 provides for a domaine public payant regime at "Part IX, Protection of Expressions of Folklore" (Sections 65–71).
Freedom of panorama
[edit] Not OK. The list of exceptions or limitations to copyright of the 2018 act, at Sections 16–33, does not contain a provision allowing images of artistic works (including architecture as per the definition at Section 2) to be freely distributed for any purposes.
The repealed 1912 act had a freedom of panorama provision at Section 4.(1)(c), that permitted "the making or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in a public place or building, or the making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art."
See also
[edit]Citations
[edit]- ↑ a b Eswatini Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act, 1912 (Commonwealth Copyright). Eswatini (1912). Retrieved on 2018-11-04.
- ↑ Copyright and Neighbouring Rights Act, 2018. Eswatini (2018). Retrieved on 2023-01-03.
COM:Lesotho
Lesotho
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Copyright rules: Lesotho Shortcut: COM:LESOTHO | |
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_(-mini_map).svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 25 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Create/Publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | LSO |
| Treaties | |
| Berne convention | 28 September 1989 |
| WTO member | 31 May 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 Lesotho relevant to uploading works into Wikimedia Commons. Note that any work originating in Lesotho must be in the public domain, or available under a free license, in both Lesotho 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 Lesotho, refer to the relevant laws for clarification.
Background
[edit]From 1869 until 1966 Lesotho was the British Crown Colony of Basutoland. Lesotho declared independence from the United Kingdom on 4 October 1966.
Lesotho has been a member of the Berne Convention since 28 September 1989 and the World Trade Organization since 31 May 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Order 1989 (Order No.13 of 1989) as the main copyright law enacted by the legislature of Lesotho.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
Durations
[edit]Under the 1989 law,
- Rights are protected during the life of the author and for 50 years after his death.[1989 Section 13(1)]
- Rights in a work of joint authorship are protected during the life of the last surviving author and for 50 years after his death.[1989 Section 13(2)]
- For anonymous and pseudonymous works, right are protected until the expiration of 50 years from the date on which the work was first lawfully published.[1989 Section 13(3)]
- Rights in a cinematographic or other audiovisual work are protected until the expiration of 50 years from the making of the work or, if the work is made available to the public during that period of 50 years with the consent of the author, fifty years from the date of its communication to the public.[1989 Section 13(4)]
- Rights in a photographic work or a work of applied art are protected until the expiration of 25 years from the making of the work.[1989 Section 13(5)]
Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[1989 Section 13(6)]
Folklore: not free
[edit]See also: Commons:Paying public domain
Any publication, reproduction, distribution and communication to the public of expressions of folklore are subject to authorization by the Minister by regulations when they are made both with gainful intent and outside their traditional or customary context. These include (a) folk tales, folk poetry, riddles; (b) folk songs and instrumental folk music; (c) folk dances, plays and artistic forms of rituals; (d) productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket costumes; and (e) traditional musical instruments.[1989 Section 19(1)] Where the Minister grants authorization, he may fix the amount of and collect such fees as he may determine.[1989 Section 22(2)]
Freedom of panorama
[edit] Not OK: free use is only permitted on audio-visual or videographic works, excluding photographic works. The Copyright Order 1989 allows the reproduction of works of art and of architecture in an audiovisual work or video-recording, and the communication to the public of the works so reproduced, if the said works are permanently located in a place where they can be viewed by the public or are included in the audio-visual work or video-recording only by way of background or as incidental to the essential matters represented.[1989 Section 9(e)]
Incidental utilization of expressions of folklore in a photograph, film or television broadcast is also allowed.[1989 Section 19(d)]
See also
[edit]Citations
[edit]- ↑ a b Lesotho Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Copyright Order 1989 (Order No.13 of 1989). Lesotho (1989). Retrieved on 2018-11-05.
COM:Namibia
Namibia
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Copyright rules: Namibia Shortcut: COM:NAMIBIA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 50 years |
| Anonymous | Publish + 50 years |
| Government | Publish + 50 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Namibia}} {{PD-NamibiaGov}} |
| ISO 3166-1 alpha-3 | NAM |
| Treaties | |
| Berne convention | 21 March 1990 |
| 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 Namibia relevant to uploading works into Wikimedia Commons. Note that any work originating in Namibia must be in the public domain, or available under a free license, in both Namibia 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 Namibia, refer to the relevant laws for clarification.
Background
[edit]In 1884 Germany established rule over Southwest Africa as a protectorate. In 1920 the United Kingdom gained a mandate over the country, which was administered by South Africa. Namibia became independent of South Africa on 21 March 1990.
Namibia has been a member of the Berne Convention since 21 March 1990 and the World Trade Organization since 1 January 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994) as the main IP law for general copyright enacted by the legislature of Namibia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
The 1994 law is not retroactive. "Subject to subsection (2), this Act shall apply in relation to works before the commencement of this Act as it applies in relation to works made thereafter" [6/1994 Section 65(1)]. However, "Nothing in this Act contained shall (a) affect the ownership, duration or existence of a copyright which subsists under the Copyright Act, 1965 (Act 63 of 1965); or (b) be construed as creating a copyright which did not subsist prior to 11 September 1965" [6/1994 Section 65(2)].
The 1994 law is amended by Schedule II of the Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). The amendments did not affect the definitions of copyrighted works or durations of protection.[3]
General rules
[edit]Under the 1994 law,
- Copyright in a literary or musical work or an artistic work, other than a photograph, endures during the life of the author and for a period of 50 years from the end of the year in which the author dies.[6/1994 Section 6(1a)]
- If a work has not been made available to the public during the author's life, copyright lasts for 50 years from the end of the year when it is made available to the public.[6/1994 Section 6(1a)]
- Copyright in a cinematograph film, photograph or computer program endures for a period of 50 years either from the end of the year in which it is made available to the public or if it was not so made available to the public within 50 years of its making, the end of the year in which it was made.[6/1994 Section 6(1b)]
- For anonymous or pseudonymous works copyright endures for 50 years from the end of the year in which the work is first made available to the public or from the end of the year in which it is reasonable to presume that the author died, whichever is first.[6/1994 Section 6(2)]
- For a work of joint authorship the reference to the death of the author shall be taken to refer to the author who dies last.[6/1994 Section 6(4)]
- A literary or musical work or an artistic work, other than a photograph, made by or under the direction of the state is protected for a period of 50 years after it is first published.[6/1994 Section 6(5)]
Not protected
[edit]According to the 1994 law, no copyright subsists in:
- the official text of any work of a legislative, administrative or legal nature, or an official translation
- a speech of a political nature or a speech delivered in the course of judicial proceedings
- publications or broadcasts of news of the day
However, the author of political speeches shall have the exclusive right of making or publishing a collection thereof.[6/1994 Section 15(8)]
Copyright tags
[edit]- {{PD-Namibia}} – photos, films and computer programs 50 years after publication, starting from the end of the publication year. Other works 50 years after the author's death.
Currency
[edit] Not OK
The Bank of Namibia's Policy on the reproduction of images of the Namibian currency defines the relevant law, which is based on the Bank of Namibia Act, 1997.[4] "This policy ensures that entities other than the Bank reproduce images of the Namibian currency only under specific approved circumstances and that any reproduction of images is done in such a manner that prevents an imitation leading to public confusion or counterfeits".[BoN 1997 2.6] The Bank’s written permission for the reproduction of banknote and coin images must be obtained before the image is reproduced.[BoN 1997 4.0] Images on Wikimedia Commons must be freely usable, so this restriction means images of Namibian currency are not accceptable.
Freedom of panorama
[edit] Not OK The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or television broadcast or its transmission in a diffusion service, if (a) such inclusion is merely by way of background to the principal matters represented in the film, broadcast or transmission or incidental thereto; (b) such work is permanently situated in a street, square or a similar public place.[6/1994 Section 18(1)]
Stamps
[edit]
According to the Copyright and Neighbouring Rights Protection Act 6 of 1994, copyright of government-produced work is held by the state, and lasts for a period of 50 years after publication [6/1994 Section 6(5)]. The Namibian post was originally a department of the government's Ministry of Works, Transport and Communication, and became Namibia Post Ltd, or NamPost, in 1992. Before its independence in 12 June 1968 {{PD-SAGov}} may apply.
See also
[edit]Citations
[edit]- ↑ a b Namibia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Act No. 6 of 1994: Copyright and Neighbouring Rights Protection Act, 1994. Namibia (1994). Retrieved on 2018-11-04.
- ↑ Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). Namibia. Retrieved on 2018-11-07.
- ↑ Policy on the reproduction of images of the Namibian currency. Bank of Namibia. Retrieved on 2020-05-21.
COM:Saint Helena, Ascension and Tristan da Cunha
Saint Helena, Ascension and Tristan da Cunha
Other region, e.g. dependency, union, former country
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Copyright rules: Saint Helena, Ascension and Tristan da Cunha Shortcut: COM:SAINT HELENA, ASCENSION AND TRISTAN DA CUNHA | |
.svg) | |
.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 50 years |
| Anonymous | Publish + 50 years |
| Posthumous | Publish + 50 years |
| Other | |
| Terms run to year end | Yes |
| Common licence tags | {{PD-old-auto}} |
| ISO 3166-1 alpha-3 | SHN |
| Treaties | |
| Berne convention | 5 December 1887 |
| Univ. Copyright Convention | 27 September 1957 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 14 March 2010 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of the Saint Helena, Ascension and Tristan da Cunha relevant to uploading works into Wikimedia Commons. Note that any work originating in Saint Helena, Ascension and Tristan da Cunha must be in the public domain, or available under a free license, in both Saint Helena and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Saint Helena, refer to the relevant laws for clarification.
Background
[edit]Saint Helena, Ascension and Tristan da Cunha is a British Overseas Territory in the South Atlantic. It consists of Saint Helena, Ascension Island and the archipelago of Tristan da Cunha. Saint Helena has a Governor and a Legislative Council, whilst Tristan da Cunha and Ascension each have an Administrator and an Island Council.
The United Kingdom Copyright Act 1956 applied to overseas territories, including Saint Helena, except for ss. 32, 34, 35, 42 & 44 and Schedules 4 & 5, as defined by the Copyright (St Helena) Order 1963 (SI 1963/1038). The United Kingdom's Copyright (Computer Software) Amendment Act 1985 except ss. 4(3), & 5 did not apply to St Helena.[1] The World Intellectual Property Organization (WIPO), an agency of the United Nations, holds the text of the Copyright Act 1956 in their WIPO Lex database.[2]
General rules
[edit]Under the Copyright Act 1956,
- Copyright subsisting in a work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[1956 Sec.2(3), 3(4)]
- If the work had not been made public before the death of the author, copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which it was made public.[1956 Sec.2(3), 3(4)]
- Where the first publication of a literary, dramatic, or musical work. or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the work was first published, and shall then expire.[1956 2nd Sched. Sec.2]
- The copyright in a photograph shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published, and shall then expire.[1956 Sec.3(4b)]
Freedom of panorama
[edit]
OK for works of architecture, sculptures, and artistic craftsmanship. Freedom of panorama is provided by Sections 9(3) and 9(4) of the Copyright Act 1956. For other types of works (like street art), Not OK. Per Section 9(5), unspecified artistic works can only be included in broadcasts or films in an incidental manner, or at background (de minimis valid for audio-visual media only).
The FoP legal rights are identical to British overseas territories still using the 1956 copyright law (like the British Virgin Islands and the Falkland Islands), all are modelled upon the British version, see also Commons:Copyright rules by territory/United Kingdom#Freedom of panorama.
See also
[edit]- Saint Helena, Ascension and Tristan da Cunha
- Commons:Copyright rules by territory/British Overseas Territories
- Commons:Copyright rules by territory/United Kingdom
Citations
[edit]- ↑ List of UK laws applied to St Helena, Ascension and Tristan da Cunha: Revised Edition 2017. Saint Helena Government. Retrieved on 2019-03-11.
- ↑ Copyright Act, 1956 4 & 5 ELIZ. 2 CH. 74. United Kingdom.
COM:South Africa
South Africa
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Copyright rules: South Africa Shortcut: COM:ZA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 50 years |
| Anonymous | Publish + 50 years |
| Government | Publish + 50 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-South-Africa}} {{PD-South-Africa-exempt}} |
| ISO 3166-1 alpha-3 | ZAF |
| Treaties | |
| Berne convention | 3 October 1928 |
| 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 South Africa relevant to uploading works into Wikimedia Commons. Note that any work originating in South Africa must be in the public domain, or available under a free license, in both South Africa 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 South Africa, refer to the relevant laws for clarification.
Background
[edit]The Union of South Africa was created on 31 May 1910 as a semi-independent polity under the British crown. It became fully independent on 11 December 1931.
South Africa has been a member of the Berne Convention since 3 October 1928 and the World Trade Organization since 1 January 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002) as the main copyright law enacted by the legislature of South Africa.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
This was amended by the Intellectual Property Laws Amendment Act 2013 (Act No. 28 of 2013) to provide for the recognition and protection of indigenous works.[3]
Protected works
[edit]
- The copyright in photographs and cinematograph films expires 50 years from the end of the year in which the work (1) is made available to the public with the copyright owner's consent; or (2) is first published, whichever is longer. If a work is neither made available to the public or published within 50 years of the making of the work, its copyright expires 50 years from the end of the year in which the work was made.[98/2002–2013 3(2)(b)]
- The copyright in an unpublished literary, musical or artistic work (except a photograph) by an author whose identity is known expires 50 years from the end of the year in which the author dies.[98/2002–2013 3(2)(a)]
- If the work is jointly authored by more than one author, copyright expires 50 years from the end of the year in which in which the last surviving author dies.[98/2002–2013 3(4)]
- If a literary, musical or artistic work, or an adaptation of it, has been published, performed in public, offered for public sale, or broadcast, its copyright expires 50 years from the end of the year in which the first of these acts is done.[98/2002–2013 3(2)(a)] In general, a work is "published" if copies of it have been issued to the public with the copyright owner's consent in sufficient quantities to reasonably meet the public's needs, having regard to the nature of the work.[98/2002–2013 1(5)(a)] A cinematograph film or sound recording is published if copies of it have been sold, let, hired, or offered for sale or hire: section 1(5)(b). However, publication does not include performing a cinematograph film, musical work, or sound recording; broadcasting a work; exhibiting a work of art; or constructing a work of architecture.[98/2002–2013 1(5)(d)]
- Copyright in an anonymous or pseudonymous work expires 50 years from the end of the year in which the work is made available to the public with the copyright owner's consent, or in which it is reasonable to presume that the author died, whichever is shorter. If the author's identity becomes known before this period expires, then the work is treated as a work by an identified author for the purpose of determining when its copyright expires.[98/2002–2013 3(3)]
- The copyright in a literary, musical or artistic work (except for photographs) created by the Government of South Africa expires 50 years from the end of the year in which the work was first published.[98/2002–2013 5(3)]
- Copyright in the following works expires 50 years from the end of the year in which the specified act occurs:
- Broadcasts – when the broadcast first takes place.[98/2002–2013 3(2)(d)]
- Programme-carrying signals – when the signals are emitted to a satellite.[98/2002–2013 3(2)(d)]
- Published editions – when the edition is first published.[98/2002–2013 3(2)(f)] (A "published edition" is the first print by whatever process of a particular typographical arrangement of a literary or musical work.[98/2002–2013 1(1)(d)])
- Sound recordings – when the recording is first published.[98/2002–2013 3(2)(c)]
Works in which no copyright subsists
[edit]No copyright subsists in the following works:[98/2002–2013 12(8)]
- Official texts of a legislative, administrative or legal nature, or in official translations of such texts.
- Political speeches or speeches delivered in the course of legal proceedings. (However, the author of speeches has the exclusive right to create a collection of such speeches.)
- News of the day that are mere items of press information.
Copyright tags
[edit]- {{PD-SAGov}} – Work of the South African Government that was published more than 50 years ago.
- {{PD-South-Africa}} – for photographs from South Africa 50 years after publication.
- {{PD-South-Africa-exempt}} – for (images of or from) South African official texts of a legislative, administrative or legal nature.
Currency
[edit] Not OK: Copyright of the designs of South African banknotes and coins is owned by the South African Reserve Bank. Their document "Policy on the reproduction of images of South African Currency" sets out the policy of the bank in respect to the reproduction of South African coins and banknotes. In short, only news media can produce such images and then only because of time constraints in obtaining formal permission. Under the Copyright Act of 1978, such copyright lasts for 50 years.
Freedom of panorama
[edit] Not OK
The Copyright Act 1978 of South Africa (as at 18 June 2002), section 15(3), states: "The copyright in an artistic work shall not be infringed by its reproduction or inclusion in a cinematograph film or a television broadcast or transmission in a diffusion service, if such work is permanently situated in a street, square or a similar public place."
A diffusion service is defined in section 1(1) as "a telecommunication service of transmissions consisting of sounds, images, signs or signals, which takes place over wires or other paths provided by material substance and intended for reception by specific members of the public; and diffusion shall not be deemed to constitute a performance or a broadcast or as causing sounds, images, signs or signals to be seen or heard; and where sounds, images, signs or signals are displayed or emitted by any receiving apparatus to which they are conveyed by diffusion in such manner as to constitute a performance or a causing of sounds, images, signs or signals to be seen or heard in public, this shall be deemed to be effected by the operation of the receiving apparatus."
Since section 15(3) does not mention photographs, there is no freedom of panorama exemption in South Africa that would permit photographs of artistic works to be taken without infringing the copyright in the works.
Recent developments
See Freedom of Panorama ZA and meta:Wikimedia South Africa/Copyright Amendement Bill for updates on the efforts by South African Wikimedians to have freedom of panorama introduced in the country.
Stamps
[edit] South African stamps older than 50 years (published before 1 January 1974) are in the public domain, use {{PD-SAGov}}
See also
[edit]- South Africa
- Category:License tags of South Africa
- Category:South African FOP cases
- Category:Stamps of South Africa
Citations
[edit]- ↑ a b South Africa Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002). South Africa (2002). Retrieved on 2018-11-04.
- ↑ Act No. 28 of 2013: Intellectual Property Laws Amendment Act 2013. South Africa. Retrieved on 2018-11-07.