User:Chinneeb/Copyright rules by territory Mongolia
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Copyright rules: Mongolia Shortcut: COM:MONGOLIA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 75 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-Mongolia}} {{PD MN-exempt}} |
| ISO 3166-1 alpha-3 | MNG |
| Treaties | |
| Berne convention | 12 March 1998 |
| WTO member | 29 January 1997 |
| URAA restoration date* | 29 January 1997 |
| WIPO treaty | 25 October 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Mongolia relevant to uploading works into Wikimedia Commons. Note that any work originating in Mongolia must be in the public domain, or available under a free license, in both Mongolia 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 Mongolia, refer to the relevant laws for clarification.
Background
[edit]Mongolia has been a member of the World Trade Organization since 29 January 1997, the Berne Convention since 12 March 1998 and the WIPO Copyright Treaty since 25 October 2002.[1]
In 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006) as the main copyright law enacted by the legislature of Mongolia. This was repealed on May 6, 2021 in favor of a new, revised Law of Mongolia on Copyright and Related Rights. WIPO holds the text of this law and its amendments in their WIPO Lex database.[1]
General rules
[edit]Under the Law of Mongolia on Copyright and Related Rights (as amended on May 6, 2021)[1],
- The term of copyright protection work shall begin from the date of its creation or its publication.[2021 Article 14.1]
- Exclusive rights to use the work shall be enforced during the lifetime of the author and for 50 years after December 31st of the year following the author's death.[2021 Article 14.3]
- Exclusive rights to use the work created under a pseudonym or anonymously shall be valid until for December 31st of the 50th year after the first publication of the work.[2021 Article 14.5]
- Copyright protection for joint works shall be enforced during the lifetime of the co-authors and for December 31st of the 50th year of the death of the last author.[2021 Article 14.7]
- Exclusive rights to use the work of applied arts shall be enforced until December 31 of the 25th years from the date of creation of work.[2021 Article 14.4]
Not protected
[edit]Under the Law on Copyright and Related Rights (as amended on May 6, 2021), Article 7 (Works not protected by copyright)[1], the following are not protected by copyright:
See also: Commons:Unprotected works
- legislation, administrative norm acts, and other legal acts[2021 Article 7.1.1]
- decisions and official documents of state administrative authorities and legal entities[2021 Article 7.1.2]
- court decisions, judgments, decrees, judge's ordinance, speech at court hearings[2021 Article 7.1.3]
- official translations of the aforementioned documents[2021 Article 7.1.4]
- state emblems, coat of arms, flags, government awards, orders, medals, currency and other payment instrument[2021 Article 7.1.5]
- news and information which transmit the simple facts and data created for the purpose of reporting the current events and results[2021 Article 7.1.6]
- ideas, operating methods, operations, scientific discoveries, theories, abstract concepts and mathematical theorems.[2021 Article 7.1.7]
Commissioned works
[edit]
See also: Commons:Commissioned works
Under the Law on Copyright and Related Rights (as amended on May 6, 2021), Article 20 (Copyright in a Commissioned works)[1]
- As stated in the agreement for a commissioned work, the author shall undertake duties to create and submit a work and the client/person commissioning the work shall undertake duties to pay the remuneration to the author.[2021 Article 20.2]
- The exclusive right to use the work belongs to the author, unless the agreement provided for in the previous Article provides that the client has the exclusive right to use the work created under commission.[2021 Article 20.3]
Copyright tags
[edit]
See also: Commons:Copyright tags
- {{PD-Mongolia}} – applies to works first published in Mongolia: applied art 25 years after publication. Other works 50 years after the author's death. Anonymous and pseudonymous works and works created by legal persons 50 years after publication.
- {{PD MN-exempt}} – for exemptions listed in the Not Protected section.[2006 Article 8]
Currency
[edit]
See also: Commons:Currency
OK: Currency and other payment instruments are considered works not protected by copyright[1].[2021, Article 7.1.5] Note that currency was not on the list of items not protected under copyright law in the previous 2006 version of the law.
Freedom of panorama
[edit]
See also: Commons:Freedom of panorama
OK {{FoP-Mongolia}}. Article 46 of the Law of Mongolia on Copyright and Related Rights provides for freedom of panorama.
Freedom of panorama was previously interpreted to not exist in Mongolia according to the now-repealed 2006 Law of Mongolia on Copyright and Related Rights, which only allowed for incidental inclusion of works in public spaces for reporting purposes, while also providing conditions similar to United States fair use conditions. This was superseded by the May 6, 2021 law.[1]
The amended law's Article 46 states that Structures, statues and architectural works may be exploited in the following conditions without the authorization of or compensation to the author or right holder[2021, Article 46.1]:
- to display them to public by making a duplication of the works of architecture, fine arts and statues located in public places permanently, and by painting, filming or photographing them.[2021, Article 46.1.1] This shall not grant a right to reproduce an identical structure, statue or architectural creation directly or indirect way for commercial purposes.[2021, Article 46.1.2]
- the exploitation of architectural drawings/blueprints, models, and schemes for restoration of such buildings and facilities.[2021, Article 46.2]
In addition, Article 42 states, Partial exploitation of works stored in archive, museum and library resources without the authorization of author or without compensation shall be permitted in following conditions:[2021, Article 42.1]
- partial duplication from works stored in archive, museum and library resources for the purposes of training, analysis and scientific research.[2021, Article 42.1.1]
- copying published works, converting them into a special format, or converting them into digital format for the purpose of preservation of single copies and rare old works stored in archives, museums, libraries, or if it is considered impossible to restore copies of damaged, worn out, destroyed or stolen works.[2021, Article 42.1.2]
- making a partial duplication from the same type of work stored in archives, libraries, or museums for the purpose of replacement if the work stored in archives, museums, and libraries is destroyed, damaged, unusable, lost, or if a copy of the work cannot be obtained by other acceptable methods.[2021, Article 42.1.3]
- creating an electronic database to facilitate searches and analysis of works stored in the library resources.[2021, Article 42.1.4]