Commons:Copyright rules by territory/Consolidated list I
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:Iceland
Iceland
Copyright rules: Iceland Shortcut: COM:ICELAND | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Audiovisual | Life + 70 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
ISO 3166-1 alpha-3 | ISL |
Treaties | |
Berne convention | 7 September 1947 |
Univ. Copyright Convention | 18 December 1956 |
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 Iceland relevant to uploading works into Wikimedia Commons. Note that any work originating in Iceland must be in the public domain, or available under a free license, in both Iceland 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 Iceland, refer to the relevant laws for clarification.
Governing laws
[edit]Iceland has been a member of the Berne Convention since 7 September 1947 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 Act (Act No. 73/1972 of May 29, 1972, as amended up to Act No. 90/2018 of June 27, 2018) as the main copyright law enacted by the legislature of Iceland.[1] WIPO holds the text of this law in Icelandic with an automated translation tool, in their WIPO Lex database.[2] The Patent Office holds an English-language translation up to 2010.[3]
General rules
[edit]As of 2018 the rules were:
- Copyright lasts until 70 years have elapsed from the start of the year after the author's death.[73/1972-2018 Art.43]
- For works of joint authorship, copyright lasts until 70 years have elapsed from the last surviving author's death.[73/1972-2018 Art.43]
- Copyright for musical compositions with words, where the words and music were written specifically for the work, lasts for 70 years from the start of the year after the death of the last survivor of the lyricist and the composer.[73/1972-2018 Art.43]
- Copyright for cinematographic works lasts until 70 years from the start of the year after the death of the last survivor of the principal director, writers, including the dialogues, composers of the music composed especially for use in the cinematographic works.[73/1972-2018 Art.43]
- Copyright in an anonymous work expires 70 years after the end of the year in which it was presented. However, if the author becomes known within that period, Article 43 applies.[73/1972-2018 Art.44]
- If an anonymous work is not presented, the copyright in it expires 70 years after the end of the year in which it was created.[73/1972-2018 Art.44]
- When a work has not been publicly presented within the period of protection mentioned in Article 43 or 44, the person who first presents the work after the period of protection may exercise a right to commercial exploitation of the work equivalent to that enjoyed by the author for 25 years from the end of the year of the presentation.[73/1972-2018 Art.44a]
- A performer's right in a performance expires 50 years from the end of the year in which the performance occurred, or, if a recording of the performance has been distributed to the public, 50 years from the end of the year in which the recording was first distributed.[73/1972-2018 Art.45]
- Audio and video recordings may not be reproduced or publicly distributed without the producer's consent unless 50 years from the end of the year in which the original recording was made, or, if a recording has been distributed to the public, 50 years from the end of the year in which the recording was first distributed.[73/1972-2018 Art.46]
- The copyright in a photograph that is not an artistic work expires 50 years after the end of the year in which it was taken.[73/1972-2018 Art.49]
Government works
[edit]- Acts, regulations, administrative provisions, court rulings and similar official documents, as well as official translation of such documents, are not copyrighted.[73/1972-2018 Art.9]
- In addition, unless prohibited by court order, it is permissible to print, make an audio recording, or otherwise copy and present proceedings of public meetings of official representatives and documents publicly submitted during such meetings which concern such representatives, and "debates on questions concerning the public good which take place at gatherings to which the public has access or are broadcast".[73/1972-2018 Art.22]
Currency
[edit]- Coins designed after December 31, 1953 (current year minus 71 years)
Not OK Copyrights for coins designed after December 31, 1953 are held by the Central Bank of Iceland.
- Coins designed before January 1, 1954 (current year minus 70 years)
OK Iceland Currency becomes public domain because the Icelandic Copyright law (§49) specifies that images considered to be "works of art" become public domain 70 years after creation. Please use {{Icelandic currency}} for currency designed before January 1, 1954.
De minimis
[edit]An unofficial translation of Article 10a of the Icelandic copyright act reads:
- Authors’ exclusive rights under Article 3 (cf. Article 2), shall not apply to the making of reproductions (copies) that are transient or incidental...[73/1972-2018 Art.10a(1)]
Copyright tags
[edit]- {{PD-Iceland50}} – for Icelandic photos not considered to be "works of art" 50 years after they were created.
- {{PD-Iceland}} – for Icelandic photos not considered to be "works of art" 50 years after they were created.
- {{PD-IcelandGov}} – for official documents of Iceland or their translations.
- {{PD-IS-exempt}} – for works covered under {{IcelandGov}}, certain debates, and legal proceedings except collections of a single author's works.
- {{PD-Vegagerdin}} – for depictions of Icelandic road signs by Vegagerðin.
- {{PD-old-70}}
- {{PD-anon-70-IS}} – for works of art first published over 70 years ago where the author is unknown.
- {{PD-IS-currency}} – for Icelandic currency designed over 70 years ago.
- {{Icelandic stamp}} – for images of Icelandic stamps more than 70 years old.
Freedom of panorama
[edit]Not OK {{NoFoP-Iceland}}
In regard to the freedom of panorama, the unofficial translation of Article 16 reads:
- Photographs may be taken and presented of buildings, as well as works of art, which have been situated permanently out-of-doors in a public location. Should a building, which enjoys protection under the rules concerning works of architecture, or a work of art as previously referred to, comprise the principal motif in a photograph which is exploited for marketing purposes, the author shall be entitled to remuneration, unless the pictures are intended for use by a newspaper or in television broadcasting."[73/1972-2018 Art.16]
In essence, Icelandic "freedom of panorama" images are free only for non-commercial uses. Overview photos in which no single copyrighted work is the main subject of the image should be fine.
Threshold for artistic work in photography
[edit]Article 1, subsection 2, of the copyright act includes "photographic art" as one of the art forms that merit protection as works of art, meaning that the work is copyrighted for 70 years beyond the death of the author. Photographic work that does not meet the threshold of being considered artistic work is however protected according to article 49 which grants the creator of non-artistic photographs exclusive rights to reproduction for 50 years from the date of publication. It is clear from explanatory supplement (pdf) that accompanied the bill that became the Copyright Act of 1972 that most photography was not intended to be protected as "artistic work" and that regular phography done by photographers as tradesmen would not qualify.
Two known court cases in Iceland have grappled with the distinction between artistic and non-artistic photography. In Supreme Court case no 178/2013, it was found that a landscape photograph from Jökulsárlón that had been used for commercial purposes without permission from the photographer did constitute enough original and independent thought from the photographer to be counted as "artistic work". This was supported by the technical complexity of the photograph that had been achieved with particular skills on part of the photographer. The ruling also states that (in unofficial translation): "For a work to enjoy this protection [as "artistic work"] it needs to result from the mental creativity of the author, meaning that it demonstrates a particular level of originilaty and uniqueness. Photographs will generally not be defined as artistic work in this sense but photographs that do not demonstrate this level of artistic creativity are still protected to a degree according to article 49 of the Copyright Act."
In the ruling of the Reykjavík District Court in case E-6726/2008 it was found that two photographs that a magazine published without permission from the photographers did not demonstrate the level of creativity and originality that would categorize them as "artistic work". It was however accepted in this case that article 49 protections applied to the photographs. One of the photographs in this case was a portrait of the photographer himself that had been taken with a timer and a tripod in his own studio, the other was a candid shot of a woman.
From the above court cases and the explanatory supplement with the original bill of the Copyright Act it is clear that photographs need to pass a fairly high bar to be considered "artistic work" and that most photographs published in Iceland fall under article 49, and thus become public domain 50 years after publication.
See also
[edit]Citations
[edit]- ↑ a b Iceland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright Act (Act No. 73/1972 of May 29, 1972, as amended up to Act No. 90/2018 of June 27, 2018) (in Icelandic). Iceland (2011). Retrieved on 2018-11-11.
- ↑ The Copyright Act No. 73, of 29 May 1972, as amended by ... Act No. 93 of 21 of April 2010 (in English). Einkaleyfastofan (Patents Office). Retrieved on 2019-03-26.
COM:India
India
Copyright rules: India Shortcut: COM:INDIA | |
Durations | |
---|---|
Standard | Life + 60 years |
Photograph |
Create + 50 years (before 1958) Publish + 60 years (after 1957) |
Anonymous | Publish + 60 years |
Audiovisual | Publish + 60 years |
Posthumous | Publish + 60 years |
Government | Publish + 60 years (sometimes GODL applies) |
Other | |
Freedom of panorama | For 3D works |
Terms run to year end | Yes |
Common licence tags |
{{PD-India}} {{PD-India-URAA}} {{PD-old-auto}} {{PD-anon-auto-1996}} {{PD-India-photo-1958}} {{FoP-India}} {{GODL-India}} |
ISO 3166-1 alpha-3 | IND |
Treaties | |
Berne convention | 1 April 1928 |
WTO member | 1 January 1995 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 25 December 2018 |
*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 India relevant to uploading works into Wikimedia Commons. Note that any work originating in India must be in the public domain, or available under a free license, in both India 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 India, refer to the relevant laws for clarification.
Background
[edit]In the 19th century most of India came under direct or indirect British rule apart from small French and Portuguese enclaves. The country gained independence in 1947, partitioned between modern India and Pakistan. The princely states were quickly absorbed. French India was transferred to India between 1950 and 1954, and Portuguese India was annexed in 1961.
India has been a member of the Berne Convention since 1 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty effective 25 December 2018.[1]
The Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) repealed the The Indian Copyright Act, 1914, which was based on the Copyright Act of 1911 of the United Kingdom.[1957-2012 Section 79(1)] It was not retroactive, so did not reinstate copyright in any work in which copyright did not subsist when it commenced.[1957-2012 Section 79(3)]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012) as the main IP law enacted by the legislature of India.[1] WIPO holds the text of this law in their WIPO Lex database.[2][3]
A Hand Book of Copyright Law, published by the Government of India, is also relevant.[4]
Durations
[edit]Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012),
- All durations are calculated from the start of the calendar year that follows the event on which the duration is calculated (e.g. from the beginning of the calendar year next following the year in which the author dies or the work is first published.)
- Except as otherwise provided, copyright subsists in any literary, dramatic, musical or artistic work published within the lifetime of the author until 60 years after the author's death.[1957-2012 Section 22]
- Works by authors who died before 1941 entered the public domain after 50 years and copyright has not been restored.
- The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.[1957-2012 Section 22]
- With a literary, dramatic, musical or artistic work (other than a photograph) which is published anonymously or pseudonymously, copyright subsists for 60 years from the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the year in which the author dies.[1957-2012 Section 23(1)]
- With a literary, dramatic or musical work or an engraving in which copyright subsists at the date of the death of the author ... but which ... has not been published before that date, copyright shall subsist until 60 years from the year in which the work is first published...[1957-2012 Section 24(1)]
- The term of copyright in photographs was omitted by the Copyright (Amendment) Act, 2012 (No. 027 of 2012).[1957-2012 Section 25] A photograph is considered an artistic work in this version of the Act.[1957-2012 Section 2(c)(i)]
- Photographs were formerly protected for 50 years after creation (for creation before 1958), and for 60 years after publication (for publication after 1957).
- With a cinematograph film, copyright subsists until 60 years from the year in which the film is published.[1957-2012 Section 26]
- With a sound recording copyright subsists until 60 years from the year in which the sound recording is published.[1957-2012 Section 27]
- With a Government work, where Government is the first owner of the copyright, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28] A work is a Government work if it is made or published by or under the direction or control of (1) the Government or any of its departments, (2) any Legislature in India; or (3) any court, tribunal or other judicial authority in India.[1957-2012 Section 2(k)]
- With a work where a public undertaking is the first owner of the copyright therein, copyright subsists until 60 years from the year in which the work is first published.[1957-2012 Section 28A] A public undertaking is (1) an undertaking owned or controlled by the Government, (2) a Government company as defined in section 617 of the Companies Act 1956 of India, or (3) a body corporate established by or under any Central, Provincial or State Act.[1957-2012 Section 17(dd)]
Copyright tags
[edit]- {{PD-India}} – India public domain images and sounds, 60 years after the end of the year of first publication for anonymous and government works and a few other categories, provided that the subject matter of the photo or recording is also not protected by copyright. Otherwise public domain 60 years after the author's death.
- {{PD-India-photo-1958}} – Photographs created before 1958 are in the public domain 50 years after creation.
- {{PD-India-URAA}} – For work that is public domain in the United States because it was first published in India (and not published in the U.S. within 30 days) and it was first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice and it was in the public domain in its home country India on the URAA date January 1, 1996.
- {{EdictGov-India}} – For edicts of the Government of India whose copyright have not expired. Subject to restrictions, these include laws, judgements, and Reports on the Table of the Legislature.
- {{Indian navy}} – For works from the Indian Navy.
- {{Indian Army}} – For works from the Indian Army.
- Works by the Government of India can be uploaded under {{GODL-India}} (central government only, not state governments). (under discussion, see template talk page).
- {{PD-TamilGov}} – Work in the public domain because it was nationalized by Tamil Nadu Government and released into the Public Domain.
Currency
[edit]OK The Indian government holds the copyright of the images of most denominations of Indian currency, including the ₹1 note, but reproduction is permitted. Please use {{GODL-India}}.
Freedom of panorama
[edit]- OK. For 3D (architecture and sculptures) {{FoP-India}},
- Not OK. For copyrighted 2D (paintings, drawings, maps, pictures, engravings, etc.)
Under the Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012), the following acts shall not constitute an infringement of copyright:[1957-2012 Section 52]
- The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;[1957-2012 Section 52(s)]
- The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(t)]
- Section 2(c)(iii) reads "any other work of artistic craftsmanship;".[1957-2012 Section 2(c)(iii)] Paintings, drawings, or photographs fall under Section 2(c){i).[1957-2012 Section 2(c)(i)]
- The inclusion in a cinematograph film of (i) any artistic work permanently situate in a public place or any premises to which the public has access;[1957-2012 Section 52(u)]
- Case/s
- The Daily Calendar Supplying ... vs The United Concern on 16 January, 1964, by J. Ramakrishnan (by Indian Kanoon)
Indian law is modelled on UK law, and in the scarcity of more specific case laws to the contrary it is reasonable to assume that the rules will be similar. See COM:FOP United Kingdom for more details.
Stamps
[edit]: Stamps are now covered under {{GODL-India}}. In addition, all Indian stamps older than 60 years are in the public domain. See en.wikipedia discussion here and here.
Use either {{GODL-India}} or {{PD-India}} where appropriate. Material issued by the Government of India before independence may be covered by {{PD-UKGov}}.
Threshold of originality
[edit]India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied. Robbin Singh has written an essay on the subject that may be useful.[5]
See also
[edit]- India
- Category:Indian FOP cases
- Category:License tags of India
- Category:Stamps of India
- s:en:Indian Copyright Law (Wikisource)
Citations
[edit]- ↑ a b India Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012). India (2012). Retrieved on 2018-11-08.
- ↑ Copyright Act, 1957: Act No. 14 of 1957. India. Retrieved on 2019-01-26.
- ↑ A Hand Book of Copyright Law. India. Retrieved on 2019-01-26.
- ↑ Robbin Singh. Understanding The Concept Of Originality Under Copy Right Law In India. International Monthly Journal. Retrieved on 2019-03-22.
COM:Indonesia
Indonesia
Copyright rules: Indonesia Shortcut: COM:INDONESIA | |
Durations | |
---|---|
Standard | Life + 70 years |
Photograph | Publish + 50 years |
Anonymous | Publish + 50 years |
Audiovisual | Publish + 50 years |
Applied art | Publish + 25 years |
Other | |
Freedom of panorama | No |
Common licence tags |
{{PD-old-auto}} {{PD-IDNoCopyright}} {{PD-IDGov}} {{PD-IDOld-Art58}} {{PD-IDOld-Art59}} {{PD-IDUnknown}} |
ISO 3166-1 alpha-3 | IDN |
Treaties | |
Berne convention | 5 September 1997 |
WTO member | 1 January 1995 |
URAA restoration date* | 1 January 1996 |
WIPO treaty | 6 March 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 Indonesia relevant to uploading works into Wikimedia Commons. Note that any work originating in Indonesia must be in the public domain, or available under a free license, in both Indonesia 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 Indonesia, refer to the relevant laws for clarification.
Governing laws
[edit]The Dutch East Indies was a colony of the Netherlands until 1949, when it gained independence as Indonesia. From 1912 to 1982, copyright is governed by Auteurswet 1912 (Stbld No. 600/1912). The first Indonesian copyright legislation was passed as the 1982 Copyright Law (Undang-Undang Nomor 6 Tahun 1982 tentang Hak Cipta). It was amended twice in 1987 (Undang-undang Nomor 7 Tahun 1987) and 1997 (Undang-Undang Nomor 12 Tahun 1997).
The principal copyright legislation of Indonesia is the 2014 Copyright Law (Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta), which was in force since 16 September 2014. The law's text is available in WIPO Lex database. In addition, certain government works also falls under the provisions of:
- 2008 Access to Public Information Law (Undang-Undang Nomor 14 Tahun 2008 tentang Keterbukaan Informasi Publik);
- 2011 Geospatial Information Law (Undang-Undang Nomor 42 Tahun 2011 tentang Informasi Geospasial);
- 2019 Law on the National Science and Technology System (Undang-Undang Nomor 11 Tahun 2019 tentang Sistem Nasional Ilmu Pengetahuan dan Teknologi).
Indonesia is a High Contracting Party to:
- World Trade Organization, since January 1995;
- Berne Convention, since 5 September 1997;
- WIPO Copyrights Treaty, since 6 March 2002;
- WIPO Performances and Phonograms Treaty, since 2004.
Indonesia enjoys a special copyrights protection treaty relationship with the United States under provisions of the 1989 American-Indonesian Copyrights Protection Agreement. Under the international law principle of lex specialis, copyright disputes involving American and Indonesian parties and/or works must abide by the treaty first, as it is in the level of a public law (Undang-Undang).
Relevant secondary statutes which enforces the provisions of laws mentioned above includes:
- Government Regulation No. 1/1989 on Translation and/or Reproduction of Works for Educational, Scientific, Research, and Development Purposes;
- Government Regulation No. 20/2005 on Transfer of Intellectual Property Rights of Technology Developed from Research and Development Conducted by Universities and Research Institutions;
- Government Regulation No. 61/2010 on Access to Public Information;
- Government Regulation No. 16/2020 on Works Registration and Relevant Products with Rights;
- Joint Decree of the Minister of Law and Human Rights and Minister of Information and Communications No. 26/2015 on Enforcement of Limitations on Contents and/or Access to Copyright Violators and/or Relevant Rights within Electronic System.
General rules
[edit]Under the 2014 Copyright Law:
- The standard copyright term for literary, musical, fine art and architectural works is the author's life + 70 years.[28/2014 Article 58(1)]
- For works of joint authorship, protection lasts for the life of the last surviving author + 70 years.[28/2014 Article 58(2)]
- For works authored by legal entities, protection lasts for 50 years from publication.[28/2014 Article 58(3)]
- A term of 50 years from publication applies to anonymous or pseudonymous work.[28/2014 Article 60(2)]
- For photographs, portraits, cinematographic works, derived works and collected works, copyright lasts for 50 years from publication.[28/2014 Article 59(1)]
- For works of applied art protection lasts for 25 years since the first publication.[28/2014 Article 59(2)]
Photographic works from Indonesia published before 1971 may be in the public domain in the United States if they were published without a copyright notice and not published in the US within 30 days after their Indonesian publication. Under the 1982 Copyright Law, as amended in 1987, the copyright law in effect at the time of the URAA, prescribed a 25-year post-publication copyright for photographic works, so works published before 1971 would have been public domain at the time of the URAA.
The previous law on copyright, 2002 Copyright Law, was repealed and replaced by the 2014 Copyright Law. See "Category:PD Indonesia license tags" to check deprecated PD Indonesia copyright tags.
Copyright limitation and public domain
[edit]Not protected
[edit]2014 Copyright Law is based on Dutch law and retains the same distinction between works with "no copyright" and works that may be used "without infringement of Copyright".
According to Article 42, the following works have no copyright: result of open meetings of State institutions; laws and regulations; State speeches or speeches of government officials; court decisions or judge provisions; scriptures or religious symbols. These works are in the public domain and should be tagged with {{PD-IDNoCopyright}}.
According to Article 43, Acts that are not considered as Copyright infringements include:
- Publication, Distribution, Communication, and/or Reproduction of State emblems and national anthem in accordance with their original nature; [28/2014 Article 43(a)]
- Any Publication, Distribution, Communication, and/or Reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when Publication, Distribution, Communication, and/or Reproduction to such Works are made. [28/2014 Article 43(b)]
- Taking of actual news, either in whole or in part from a news agency, Broadcasting Organization, and newspaper or other similar sources provided that the source is fully cited; [28/2014 Article 43(c)]
- Production and distribution of the Copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question. [28/2014 Article 43(d)]
- Reproduction, Publication, and/or Distribution of Portraits of the President, Vice President, former Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/non-ministerial government agencies, and/or the heads of regions by taking into account the dignity and appropriateness in accordance with the provisions of laws and regulations. [28/2014 Article 43(e)]
These works may be uploaded to Commons and tagged with {{PD-IDGov}}. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 (Please read the Commons discussion on the issue here).
Copyright tags
[edit]- {{PD-IDGov}} – for works published and/or distributed by the government of Republic of Indonesia and fulfills the conditions of Article 43 of the 2014 Copyright Law on copyrights., see Commons:Licensing
- {{PD-IDOld-Art58}} – for works whose copyright has expired according to Article 58 of the 2014 Copyright Law
- {{PD-IDOld-Art59}} – for works whose copyright has expired according to Article 59 of the 2014 Copyright Law
- {{PD-IDUnknown}} – for works by unknown authors whose copyright has expired according to section (2) and (3) from Articles 60 of the 2014 Copyright Law
- {{PD-IDNoCopyright}} – no copyright according to Article 42 of the 2014 Copyright Law
Currency
[edit]OK under Article 43(b) of the 2014 Copyright Law. The design, printing, and distribution of Rupiah banknotes and coins are regulated by the 2011 Currency Law. Bank Indonesia, the central bank and an independent state agency,[1] prints Rupiah on behalf of the government.[2] Publication, distribution, communication, and/or reproduction executed by or on behalf of the government, unless stated to be protected by laws and regulations, a statement to such Works, or when publication, distribution, communication, and/or reproduction to such works are made are not considered an infringement of copyright.
OK under Article 14(b) of the now-repealed Indonesian Copyright Act No. 19, 2002 states that "publication and/or reproduction of anything which is published by or on behalf of the Government, except if the Copyright is declared to be protected by law or regulation or by a statement on the work itself or at the time the work is published" is not an "infringement of Copyright". Indonesian banknotes are issued by Bank Indonesia and its predecessor Bank Negara Indonesia, which from 1953 to 1968 was "a corporate body belonging to the state" (Act No.11 of 1953), from 1968 to 1999 "belongs to the state" (Act No.17 of 1968) and from 1999 onwards is "a state institution:, and they thus fall under the aegis of Article 14b.[3]
Please use {{PD-IDGov}} for images of Indonesian currency. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 of the 2014 Copyright Law (Please read the Commons discussion on the issue here).
Freedom of panorama
[edit]Not OK ({{NoFoP-Indonesia}}), with exception on educational purpose and non-commercial use. There is no usable provision under the Chapter VI ("Copyright Limitations", Articles 43–51) in the 2014 Copyright Law allowing unrestricted uses of images of copyrighted artistic works in public spaces for commercial purposes. Fair use-like provisions exist, such as use for educational and research purposes (Article 44.1), personal use (Article 46), and reporting of current events or short excerpts of the works by the broadcast media (Article 48.b).
This position was upheld by Creative Commons Indonesia in their November 2018 statement on freedom of panorama status in Indonesia.[4]
Several users and contributors have claimed that freedom of panorama exists by virtue of Article 43(d). However, the 2018 statement of Creative Commons Indonesia asserts that this is a restrictive provision, in which every image showing copyrighted architecture and public art must bear a statement claiming that the use is not for profit. Otherwise, direct permission from the creator or copyright holder is totally required when the use involves commercial interest, to avoid acts of copyright infringement.[4] The provision in question:
- The production and distribution of the copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question.[28/2014 Article 43(d)]
It should be noted that Commons:Licensing forbids fair use and non-commercial licensing, as these types of licenses prevent files from "being used by anyone, anytime, for any purpose."
Throughout 2020-21, an extensive discussion, which does not reach any form of meaningful consensus, about the status of FoP in Indonesia can be found here and here.
Stamps
[edit]under Article 43(b) of the 2014 Copyright Law.
Please use {{PD-IDGov}} for images of Indonesian postal stamps. However, please note that it has not been determined if modifications or derivatives can be made to works enumerated in Article 43 (Please read the Commons discussion on the issue here).
Threshold of originality
[edit]Indonesia's threshold of originality is reportedly low, being based on common law ("Anglo-American model") principles, with "wallpaper, wrappers, packaging designs and technical drawings" being registered by copyright authorities.[5]
See also
[edit]- Indonesia
- Category:License tags of Indonesia
- Category:Indonesian FOP cases
- Category:Stamps of Indonesia
Citations
[edit]- ↑ Art 4, 1999 Bank Indonesia Law.
- ↑ Art 11, 2011 Currency Law
- ↑ Act No.23 of 1999 concerning Bank Indonesia, Article 4(2).
- ↑ a b Apa itu Freedom of Panorama?. Creative Commons Indonesia (2018). Retrieved on 2021-03-20.
- ↑ (2007) COPYRIGHT LAW REFORM AND THE INFORMATION SOCIETY IN INDONESIA, Sydney University Press Retrieved on 24 September 2021.
COM:Iran
Iran
Copyright rules: Iran Shortcut: COM:IRAN | |
Durations | |
---|---|
Standard | Life + 50 years |
Photograph | Publish + 30 years |
Audiovisual | Publish + 30 years |
Other | |
Freedom of panorama | No |
Common licence tags | {{PD-Iran}} |
ISO 3166-1 alpha-3 | IRN |
Treaties | |
WTO member | none |
URAA restoration date* | none |
*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 Iran relevant to uploading works into Wikimedia Commons. Note that any work originating in Iran must be in the public domain, or available under a free license, in both Iran 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 Iran, refer to the relevant laws for clarification.
Governing laws
[edit]As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1970 Act for Protection of Authors, Composers and Artists Rights (Copyright Law) as the main IP law enacted by the legislature of Iran.[1] The Islamic Parliament Research Center Of The Islamic Republic of Iran holds the Farsi text of this law.[2] WIPO holds an English translation of the text of this law in their WIPO Lex database.[3]
General rules
[edit]According to the 1970 Law for the Protection of Authors, Composers and Artist Rights,
- Copyrightable works, such as literary, musical works, paintings, designs and decorative writings, architectural works and buildings, carpet and rug designs, sculptures and photographs are in public domain in the following cases:
- The creator(s) died more than 50 years ago. (Reformation of article 12 - 22 August 2010)
- The creator(s) died before 22 August 1980, for works that their copyright expired before 22 August 2010 according to the 1970 law.
- In the case of works of joint authorship, the date of the death of the last surviving author shall be considered alone for the calculation of the time of protection.
- "Article 16. In the following cases, the author's financial rights will be valid for a period of 30 years from the date of publication or public presentation:
- 1. Photographic or cinematographic works.
- 2. In cases where the work belongs to a person of legal position."
- "Financial rights" apparently includes the right to publish and the right to receive royalties.
Bilateral Agreements
[edit]Although Iran is not party to the conventions mentioned it should be noted that bilateral agreements may restrict usage. E.g. the German-Iranian ”Abkommen zwischen dem Deutschen Reich und dem Kaiserreich Persien über den Schutz von Erfindungspatenten, Fabrik- oder Handelsmarken, von Handelsnamen und Mustern sowie von Werken der Kunst und Literatur” of 1930 remains in force. Therein „Die Hohen Vertragschließenden Teile verpflichten sich, um die vorbezeichneten Rechte zu schützen, geeignete Maßnahmen gegen jede Verletzung dieser Rechte zu treffen.“ loosely translated into English: “The Contracting Parties agree to protect aforementioned rights and to take appropriate measures against transgressions.” Amongst these rights are those concerning art and literature („künstlerischen und literarischen Eigentums“). Thus in Germany the German level of protection needs to be applied.
Copyright tags
[edit]- {{PD-Iran}} – copyright of photographs and movies lasts 30 years from the date of publication or presentation.
Currency
[edit]- Not OK For coins and banknotes designed after 21 March 1993 (current year minus 31 years)
According to the 1970 Law for the Protection of Authors, Composers and Artist Rights, Iran banknotes and coins designed after 21 March 1993 are copyrighted and their copyright belong to Central Bank of Iran.
- OK For coins and banknotes designed before 22 March 1994 (current year minus 30 years)
According to the 1970 Law for the Protection of Authors, Composers and Artist Rights, Iran banknotes and coins designed before 22 March 1994 become public domain after 30 years since, "In the following cases images fall into public domain after 30 years from the date of publication or public presentation (Article 16): In cases where the work belongs to a legal personality or rights are transferred to a legal personality." Iran banknotes and coins are copyrighted and their copyright belong to Central Bank of Iran which is a "legal personality".
Please use {{Iranian currency}} for banknotes/coinage designed before 22 March 1994.
Freedom of panorama
[edit]Not OK There is no usable FoP provision in the copyright law of Iran. {{NoFoP-Iran}}
According to article 2 of copyright law of Iran (passed on January 1, 1970) architectural works, designs, sketches and buildings and sculptures of all types are protected by copyright law.
According to article 12 of copyright law of Iran, such works remain on protection for a period of 50 years (Reformation of article 12 - 22 August 2010) after the death of its author(s). Also according to article 13, copyright of the works which produced on order by an employer belongs to the employer for a period of thirty years from the date of production. In cases where the work belongs to a legal personality or rights are transferred to a legal personality, it will go into the public domain after 30 years from the date of publication or public presentation (Article 16).[2]
Stamps
[edit]: All stamps published before 22 March 1994 are in the public domain because according to the Law for the Protection of Authors, Composers and Artist Rights, Iran stamps designed before 22 March 1994 become public domain after 30 years since, "In the following cases images fall into public domain after 30 years from the date of publication or public presentation (Article 16): In cases where the work belongs to a legal personality or rights are transferred to a legal personality." Iranian stamps are copyrighted and their copyright belong to Iran Post which is a "legal personality". In those cases use {{PD-Iran}}.
Threshold of originality
[edit]Not OK for most logos. The level of originality required for copyright protection in Iran seems very low.
The following are registrable for copyright protection: "(...) pictures, drawings, designs, decorative writings, (...) or any decorative and imaginative work produced in any simple or complex manner "
See also
[edit]- Category:License tags of Iran
- Category:Iranian FOP cases
- Category:Stamps of Iran
- Intellectual property in Iran
- Iranian calendar
Citations
[edit]- ↑ Iran Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ a b قانون حمایت حقوق مؤلفان و مصنفان و هنرمندان (Act for Protection of Authors, Composers and Artists Rights) (in Farsi). Islamic Parliament Research Center Of The Islamic Republic of Iran.
- ↑ Act for Protection of Authors, Composers and Artists Rights (Copyright Law)[1], Iran, 1970
COM:Iraq
Iraq
Copyright rules: Iraq Shortcut: COM:IRAQ | |
Durations | |
---|---|
Standard | Life + 50 years |
Anonymous | Publish + 50 years |
Collective | Publish + 50 years |
Applied art | Publish + 50 years |
Other | |
Common licence tags | {{PD-Iraq}} |
ISO 3166-1 alpha-3 | IRQ |
Treaties | |
URAA restoration date* | none |
*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 Iraq relevant to uploading works into Wikimedia Commons. Note that any work originating in Iraq must be in the public domain, or available under a free license, in both Iraq 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 Iraq, refer to the relevant laws for clarification.
Background
[edit]Iraq was long part of the Ottoman empire, then during World War I came under British control. It gained nominal independence in 1932 as the Kingdom of Iraq, and became a republic after a coup in 1958.
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 3 of 1971 on Copyright as the main copyright law enacted by the legislature of Iraq.[1] WIPO holds the text of this law in their WIPO Lex database.[2][3]This law was amended on 1 May 2004 by Order No. 83, Amendment to the Copyright Law.[4]
Since 2013, Kurdistan Region of Iraq had its own copyright law.[5] Refer to COM:IRAQI KURDISTAN for relevant information.
General rules
[edit]Under the Copyright Law No.3 of 1971,
- Copyright expired 25 years after the death of the author, provided that the period of protection shall not be less than 50 years from the date of publication of the work.[3/1971 Art. 20]
- Copyright in photographic and cinematographic works which only give automatic transfer of landscapes expired 5 years from the date of the first publication of the work.[3/1971 Art. 20]
- The duration of the joint works was calculated from the date of death of the last surviving participant.[3/1971 Art. 20]
- If the right holder was a public or private legal person, the rights expired 30 years from the date of first publication.[3/1971 Art. 20]
- There was no protection for anonymous or pseudonymous works unless the author or his heirs revealed his identity.[3/1971 Art. 21]
- The term of protection for works published for the first time after the death of the author was calculated from the date of his death.[3/1971 Art. 22]
In 2004, the CPA (Coalition Provisional Authority) non-retroactively amended the law by Order No. 83 so that,
- The author’s economic rights provided are protected throughout the lifetime of the author and for 50 years from the date of his death.[83/2004 Art. 20 (1)]
- The economic rights relating to works of joint authorship are protected throughout the lives of all co-authors and for 50 years from the death of the last survivor.[83/2004 Art. 20 (2)]
- For collective works other than works of applied arts,
- Where the copyright holder is a legal entity, the economic rights are protected for 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[83/2004 Art. 20 (3)]
- Where the copyright holder is a natural person, the protection period shall be calculated for their life plus 50 years.[83/2004 Art. 20 (3)]
- The economic rights relating to a work published for the first time after the death of the author expire after 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[83/2004 Art. 20 (3)]
- The economic rights relating to a work published anonymously or under pseudonym shall be protected for a period of 50 years, from the date on which the work was published or made available to the public for the first time, whichever comes first.[83/2004 Art. 20 (4)]
- The economic rights of the author of a work of applied art expire after a period of 50 years from the date on which the work was published or made available to the public for the first time, whichever comes first.[83/2004 Art. 20 (5)]
- The provisions of the 2004 Law apply to works existing at the time it took effect, provided the term of protection for those works had not yet fallen into the public domain.[83/2004 Art. 49a]
Copyright treaties
[edit]Not protected
[edit]Under the 1971 law the following are not protected:[3/1971 Art. 6]
- Anthologies of poetry, prose, music and other collections, without prejudice to the rights of the author of each work.
- Collections of works that have fallen into the public domain.
- Collections of official documents such as texts of laws, regulations, international agreements, judicial rulings, and other official documents.
The aforementioned group enjoys protection if it is distinguished due to innovation, arrangement, or any other personal effort that deserves protection.
Copyright tags
[edit]- {{PD-Iraq}} – photos 50 years after publication, starting from the publication date.
Currency
[edit]OK for currency issued before 1974, per this deletion discussion. Use {{PD-Iraq}}.
Not OK for currency issued after 1974. Banknotes and coins are not covered by any known exception from copyright protection under Iraqi law. The website of the Central Bank of Iraq, which included depictions of Iraqi coins and banknotes, had the following footer: "Copyright © 2011. Central Bank of Iraq. All rights reserved. Please read important disclaimer." The disclaimer stated: "All texts, data and information on this site are owned by the CBI. Digitized photographs, graphics, and logos contained are the property of the CBI, and may not be used without permission."
Freedom of panorama
[edit]Not OK: Under the 2004 revision to Iraq's Copyright Law No. 3,
- The protection shall include the works whose method of expression is in writing, sound, drawing, painting or movement, and in particular the following: ... Works entered under the arts of drawing and painting with lines and colors, engraving, sculpture and architecture.[83/2004 Art. 2(4)]
- Without the written permission of the author or his/her successors, no person shall do any of the following acts: ... Reproduce a work in any manner or form, whether transitory or permanent, including onto photographic (including cinematographic) film or onto a digital or electronic storage medium.[83/2004 Art. 8(1)]
Stamps
[edit]: For stamps published more than 50 years ago (before 1st of January 1974) use {{PD-Iraq}}.
See also
[edit]Citations
[edit]- ↑ Iraq Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 3 of 1971 on Copyright (in Arabic). Iraq (1971). Retrieved on 2018-11-08.
- ↑ Law No. 3 of 1971 Copyright Protection Act. Retrieved on 2019-03-22.
- ↑ Order No. 83, Amendment to the Copyright Law. Iraq (2004). Retrieved on 2018-11-10.
- ↑ Kurdistan's Law No. 17 of 2012 on Copyright (in Arabic) (2012). Retrieved on 2024-05-31.
COM:Ireland
Ireland
Copyright rules: Ireland Shortcut: COM:IRELAND | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Audiovisual | Life + 70 years |
Other | |
Freedom of panorama | For 3D works and "works of artistic craftsmanship" |
Terms run to year end | Yes |
Common licence tags |
{{PD-old-auto}} {{PD-IrishGov}} |
Treaties | |
Berne convention | 5 October 1927 |
Univ. Copyright Convention | 20 January 1959 |
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 Ireland relevant to uploading works into Wikimedia Commons. Note that any work originating in Ireland must be in the public domain, or available under a free license, in both Ireland 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 Ireland, refer to the relevant laws for clarification.
Governing laws
[edit]Ireland has been a member of the Berne Convention since 5 October 1927, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act, 2000 (No. 28 of 2000) as the main copyright law enacted by the legislature of Ireland.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This act was amended by the Copyright and Related Rights (Amendment) Act 2004, which made it clear that a work could be displayed in public without violating copyright.[3] It was further amended by the Copyright and Related Rights (Amendment) Act 2007, which clarified the position on lending by public libraries.[4]
General rules
[edit]Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),
- The copyright in a literary, dramatic, musical or artistic work, or an original database expires 70 years after the death of the author, irrespective of the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(1)]
- The copyright in a work specified in subsection (1) which is anonymous or pseudonymous expires 70 years after the date on which the work is first lawfully made available to the public.[28/2000 Sec.24(2)]
- In respect of an anonymous or pseudonymous work (a) where the pseudonym adopted by the author leaves no doubt as to his or her identity, (b) where the author discloses his or her identity, or (c) where his or her identity becomes known during the 70 years from the date on which the work is first lawfully made available to the public, the copyright in that work expires 70 years after the death of that author.[28/2000 Sec.24(3)]
- Subject to subsection 25(2), the copyright in a film expires 70 years after the last of the following persons dies, namely: (a) the principal director of the film; (b) the author of the screenplay of the film; (c) the author of the dialogue of the film; (d) the author of music specifically composed for use in the film.[28/2000 Sec.25(1)]
- Where a film is first lawfully made available to the public during the period of 70 years following the death of the last of the persons specified in subsection (1), the copyright in that film expires 70 years after the date of such making available.[28/2000 Sec.25(2)]
- The copyright in a sound recording expires (a) 50 years after the sound recording is made, or (b) where it is first lawfully made available to the public during the period specified in paragraph (a), 50 years after the date of such making available.[28/2000 Sec.26]
- The copyright in a broadcast expires 50 years after the broadcast is first lawfully transmitted.[28/2000 Sec.27(1)]
- The copyright in a cable programme expires 50 years after the cable programme is first lawfully included in a cable programme service.[28/2000 Sec.28(1)]
- The copyright in a typographical arrangement of a published edition expires 50 years after the date on which it is first lawfully made available to the public.[28/2000 Sec.29]
- Where a term of copyright is provided for in this Act, the term shall be calculated from the first day of January of the year following the event that gives rise to that term.[28/2000 Sec.35]
Government copyright
[edit]- Where a work is made by an officer or employee of the Government or of the State, in the course of his or her duties, the work qualifies for copyright protection.[28/2000 Sec.191(1)]
- The Government shall be the first owner of the copyright in a work to which subsection (1) applies.[28/2000 Sec.191(2)]
- Government copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.191(4)]
- Where a work is made by or under the direction or control of either or both of the Houses of the Oireachtas, the work qualifies for copyright protection.[28/2000 Sec.193(1)]
- Oireachtas copyright in a work shall expire 50 years from the end of the calendar year in which the work was made.[28/2000 Sec.193(3)]
Copyright tags
[edit]- {{PD-IrishGov}} – Irish government works are generally released to the public domain 50 years after creation.
- {{PD-Ireland-anon}} – For works whose author remains unknown and at least 70 years have passed since it was available to the public.
Currency
[edit]Not OK Irish pre-euro money and the Irish side of euro coins are copyrighted. According to the Copyright Law of 2000, Chapter 24: Copyright: Legal Tender; Irish coins and bank notes are copyrighted, even if issued before that provision became effective.[28/2000 Sec.200(3)] That is, older coins and bank notes are retroactively placed under copyright. The copyright on legal tender is perpetual, i.e. does not expire at all. The act applies to all coins and banknotes issued since 1926.[28/2000 Sec.200(9)]
Euro banknotes are, however, free to use; see {{Money-EU}}.
De minimis
[edit]Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000),
- The copyright in a work is not infringed by its inclusion in an incidental manner in another work.[28/2000 Sec.52(1)]
- A work shall not be regarded as included in an incidental manner in another work where it is included in a manner where the interests of the owner of the copyright are unreasonably prejudiced.[28/2000 Sec.52(3)]
According to Pascal Kamina, the Irish legislation is similar to the legislation in the United Kingdom from 1988.[5]
Freedom of panorama
[edit]- OK for 3D works {{FoP-Ireland}}
- OK for 2D "works of artistic craftsmanship" {{FoP-Ireland}}
- Not OK for other types of artistic works
Under the Copyright and Related Rights Act, 2000 (No. 28 of 2000), Section 93,
- This section applies to the copyright in (a) buildings, and (b) sculptures, models for buildings and works of artistic craftsmanship, where permanently situated in a public place or in premises open to the public.[28/2000 Sec.93(1)]
- The copyright in a work to which this section applies is not infringed by (a) making a painting, drawing, diagram, map, chart, plan, engraving, etching, lithograph, woodcut, print or similar thing representing it, (b) making a photograph or film of it, or (c) broadcasting or including in a cable programme service, an image of it.[28/2000 Sec.93(2)]
- The copyright in a work to which this section applies is not infringed by the making available to the public of copies of anything the making of which is not, by virtue of this section, an infringement of the copyright in the work.[28/2000 Sec.93(3)]
The Copyright and Related Rights (Amendment) Act 2004 clarified the position:
- For the avoidance of doubt, no infringement of any right created by this Part in relation to an artistic or literary work occurs by reason of the placing on display the work, or a copy thereof, in a place or premises to which members of the public have access.[28/2000-2004 Sec.40(7(a))] This does not, however, allow distribution of copies of artistic works.
Irish law is in this respect modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be identical. See COM:FOP UK for more details.
Threshold of originality
[edit]Unknown
Despite uncertainty on the required level of originality needed to qualify for copyright protection, images that have been retained on Commons include:
Image | Description | Discussion |
---|---|---|
ISPCA official logo | Commons:Deletion requests/File:ISPCA official logo.png |
Stamps
[edit]Irish stamps issued by the Department of Posts and Telegraphs before 1984 are official works and those over 50 years old are in the public domain (published before 1 January 1974). Use {{PD-IrishGov}} to tag them. Since 1 January 1984, when An Post was established Irish stamps are copyright to the company.
See also
[edit]- Ireland
- Category:Irish FOP cases
- Category:License tags of the Republic of Ireland
- Category:Postage stamps of Ireland
Citations
[edit]- ↑ a b Ireland Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright and Related Rights Act, 2000 (No. 28 of 2000). Ireland (2000). Retrieved on 2018-11-11.
- ↑ Copyright and Related Rights (Amendment) Act 2004. Ireland (2004). Retrieved on 2018-11-12.
- ↑ Copyright and Related Rights (Amendment) Act 2007. Ireland (2007). Retrieved on 2018-11-12.
- ↑ (2002) Film Copyright in the European Union, Cambridge University Press, p. 278 29DSe2bcDyUC
COM:Israel
Israel
Copyright rules: Israel Shortcut: COM:ISRAEL | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 Years |
Other | |
Freedom of panorama | Yes |
Terms run to year end | Yes |
Common licence tags |
{{PD-Israel}} {{PD-IsraelGov}} |
ISO 3166-1 alpha-3 | ISR |
Treaties | |
Berne convention | 24 March 1950 |
Univ. Copyright Convention | 16 September 1955 |
WTO member | 21 April 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 Israel relevant to uploading works into Wikimedia Commons. Note that any work originating in Israel must be in the public domain, or available under a free license, in both Israel 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 Israel, refer to the relevant laws for clarification.
Background
[edit]Palestine was part of the Ottoman empire until World War I, when it was taken over by the British. In 1922 the British obtained a mandate over Palestine. The state of Israel was declared in 1948, taking over most of the former British mandate.
Israel has been a member of the Berne Convention since 24 March 1950 and the World Trade Organization since 21 April 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2007 (as amended on July 28, 2011) as the main IP law enacted by the legislature of Israel.[1] WIPO holds the text of this law in their WIPO Lex database. It entered into force on 25 May 2008.[2]
Ownership of copyright
[edit]According to Israel's copyright statute of 2007,
- In general, the author of a work is the first owner of copyright.[2007-2011 Sec.33(1)]
- With a sound recording, the producer is the first owner of copyright.[2007-2011 Sec.33(2)]
- The employer is the first owner of copyright in a work made by an employee in the course of his service and during the period of his service, unless otherwise agreed.[2007-2011 Sec.34]
- In a work made pursuant to a commission, the first owner of the copyright therein, wholly or partially, is the author, unless otherwise agreed as between the commissioning party and the author, expressly or impliedly.[2007-2011 Sec.35(a)]
- In a work which is a portrait or a photograph of a family event or other private event, made pursuant to a commission, the first owner of the copyright is the commissioning party.[2007-2011 Sec.35(b)]
- The state is the first owner of a work made by, or commissioned for, the State or by an employee of the State in consequence of his service and during the period of his service; In this section, "State employee" – includes soldiers, policemen and any other person who holds a position according to a statute in a State entity or institution.[2007-2011 Sec.36]
Durations
[edit]According to Israel's copyright statute of 2007,
- Copyright in a work subsists during the life of its author and for 70 years after his death, subject to the provisions below.[2007-2011 Sec.38]
- Copyright in a joint work subsists during the life of its longest surviving joint author and for 70 years after his death.[2007-2011 Sec.39]
- Copyright in an anonymous or pseudonymous work lasts for 70 years from the date it was first published, or if not published within 70 years for 70 years from the date it was created, as long as the identity of the author does not become known in this period.[2007-2011 Sec.40]
- Copyright in a sound recording subsists for 50 years from the date of its making.[2007-2011 Sec.41]
- Copyright in a work in which the State is the first owner of the copyright lasts for 50 years from the date of its making.[2007-2011 Sec.42] Images distributed by the Israeli Government Press Office are copyrighted.[3]
- The period of copyright in a work shall end on the 31st of December of the year in which such copyright is set to expire.[2007-2011 Sec.43]
In general, works made before the act came into effect that were not protected by copyright under the prior law would remain unprotected, except for works first published in Israel or made by a citizen or resident of Israel.[2007-2011 Sec.78(b)] For photographs made before the act came into effect the former law applies.[2007-2011 Sec.78(i)] That is, protection lasts until 1 January of the 51st year after the creation of the photograph.
Not protected
[edit]- Copyright in a work as stated in section 4 [original works which are literary works, artistic works, dramatic works or musical works, sound recordings] shall not extend to any of the following, however it shall extend to their expression: (1) Ideas; (2) Procedures and methods of operation; (3) Mathematical concepts; (4) Facts or data; (5) News of the day.[2007-2011 Sec.5]
- Notwithstanding the provisions of section 4, copyright shall not subsist in statutes, regulations, Knesset Protocols and judicial decisions of the courts or of any other government entities having judicial authority according to law.[2007-2011 Sec.6]
- Notwithstanding the provisions of section 4, copyright shall not subsist in "designs" as defined in the Patents and Designs Ordinance unless the design is not used, nor intended for use in industrial manufacture.[2007-2011 Sec.7]
Copyright tags
[edit]- {{PD-Israel}} – according to Israel's copyright law, works are released to the public domain 70 years after their author's death, starting from January 1st which occurs after the date of death. Photographs taken before May 2008 are released to the public domain 50 years after their creation, starting from January 1st which occurs after the day in which the photograph was taken. Photographs taken by a public authority (i.e. the government and its affiliated bodies) are released to public domain 50 years after their publication, starting from January 1st which occurs after the date of the first publication. According to the new Israeli copyright law, effective since May 2008, photographs are no longer an exception, and are released to the public domain 70 years after their photographer's death, unless taken by a public authority in which case the previous arrangement remains.
- {{PD-IsraelGov}} – specific for the expiration of the State of Israel's copyrights (also included in the last section of {{tl:PD-Israel}})
- {{Money-IL}} – for Israeli banknotes and coins.
- {{Insignia-Israel}} – for flag, emblems, coats of arms or some other official symbol which were declared a protected symbol in Israel.
- {{FoP-Israel}} - "Broadcasting, or copying by way of photography, drawing, sketch or similar visual description, of an architectural work, a work of sculpture or work of applied art, are permitted where the aforesaid work is permanently situated in a public place."
Currency
[edit]OK. Israeli currency is copyrighted. According to a statement from the Bank of Israel, reproductions may appear in a catalog, book, research paper, etc. provided that they do not modify the colors or designs, although a black and white reproduction is allowed. They must be at least 30% larger or smaller than the original, and for commercial use must not include both sides of the note or coin. Finally, the reproductions must credit the Bank of Israel.[4] The complete Law of the Bank of Israel does not specify these conditions.[5] Instead the above "Instructions" paper has detailed them. The effective date of the conditions are not stated.
Please use {{Money-IL}} for images of Israeli currency.
De minimis
[edit]According to 2007 Copyright Act, section 22:
- An incidental use of a work by way of including it in a photographic work, in a cinematographic work or in a sound recording, as well as the use of a such work in which the work was thus incidentally contained, is permitted; In this matter the deliberate inclusion of a musical work, including its accompanying lyrics, or of a sound recording embodying such musical work, in another work, shall not be deemed to be an incidental use.[2007-2011 Sec.22]
Freedom of panorama
[edit]OK. {{FoP-Israel}}
Section 23 of the 2007 Copyright Act states that "Broadcasting, or copying by way of photography, drawing, sketch or similar visual description, of an architectural work, a work of sculpture or work of applied art, are permitted where the aforesaid work is permanently situated in a public place."
According to Dr Sarah Presenti, an Israeli copyright lawyer, the scope of the term "work of applied art" in Israel is broader than the equivalent term in Commonwealth jurisdictions. Presenti suggests that "it includes art work (like adverts, advertising, maps etc.) which transfers useful information" and that "it does not matter if it is 2D or 3D as long as it is a work of art that is meant to deliver useful information. Therefore, an artistic work created for artistic purpose is by no means applied art (e.g. painting)."
Stamps
[edit]Paragraph 51 of Israeli Postal Services Statute 1986, in its 2004 revised version stipulates that the State owns full copyrights for Israeli stamps. The Israeli copyright statute from 2007 determines that the State's copyrights expire on 1 January of the 51st year after the creation of the work. Hence, only stamps created 50 or more years ago are in the public domain. Template:PD-IsraelGov would be appropriate to indicate their copyright status.
Threshold of originality
[edit]Although Israel historically used a "skill and labour" test similar to that used by the UK, since the 1989 Israeli Supreme Court's ruling in Interlego A/S v. Exin-Lines Bros. SA they have tended fairly close to a US-style requirement equating originality with human creativity.[6] In Israel, the Supreme Court in the Interlego A/S v. Exin-Lines Bros. SA decision adopted the Feist ruling with regards to both the interpretation of the originality requirement and the general rejection of the ‘sweat of the brow’ doctrine and the labour theory as a legitimate interest for establishing a copyright claim.
See also
[edit]- Commons:Copyright rules by territory/State of Palestine
- Israel
- Category:Israeli FOP cases
- Category:License tags of Israel
Citations
[edit]- ↑ a b Israel Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Copyright Act, 2007 (as amended on July 28, 2011). Israel (2011). Retrieved on 2018-11-08.
- ↑ Terms of Use. Government Press Office. Retrieved on 2019-01-23.
- ↑ Instructions concerning the use of photocopies and replicas of coins and banknotes. Bank of Israel. Retrieved on 2019-03-22.
- ↑ The Bank of Israel Law. Back of Israel. Retrieved on 2019-03-22.
- ↑ Guy Pessach (6 February 2007). Israeli Copyright Law - a Positive Economic Perspective (International Law Forum of the Hebrew University of Jerusalem Law Faculty Research Paper). Retrieved on 2019-03-22.
COM:Italy
Italy
Copyright rules: Italy Shortcut: COM:ITALY | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Publish + 70 years |
Collective | Publish + 70 years |
Government | Publish + 20 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
Common licence tags |
{{PD-Italy}} {{PD-Italy-audio}} {{PD-old-auto}} {{Anonymous-EU}}. |
ISO 3166-1 alpha-3 | ITA |
Treaties | |
Berne convention | 5 December 1887 |
Univ. Copyright Convention | 24 January 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 Italy relevant to uploading works into Wikimedia Commons. Note that any work originating in Italy must be in the public domain, or available under a free license, in both Italy 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 Italy, refer to the relevant laws for clarification.
Governing laws
[edit]Italy has been a member of the Berne Convention since 5 December 1887, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights (as amended up to Decree-law No. 64 of April 30, 2010) as the main copyright law enacted by the legislature of Italy.[1] WIPO holds the Italian text of this law with an auto-translate tool in their WIPO Lex database.[2] Normattiva holds the consolidated Italian text.[3]
Also relevant is the Cultural heritage and landscape law of 2004 and the Digital Administration Code of 2005.[4][5]
General rules
[edit]Under the Copyright Law as of 2016,
- Economic rights in a work last for the author's life and until the end of the 70th solar year after his death.[633/1941 art. 25]
- Note that before 1996/7 the duration was 50 years after the author's death,[6] with wartime extensions of six years for any work published before August 16, 1945.[7] Therefore the calculation of the duration of copyright before the URAA date must consider these protected for 56 years after the author's death, meaning that were in the public domain at the URAA date works of authors died before 1940. Artistic photographs had been protected for 50 years from creation,[6] plus the same six-year extension, so non-simple photographs created before 1940 were public domain on the URAA date.
- For works of joint authorship where the individual contributions cannot be distinguished, and for dramatic-musical, choreographic and pantomimic works, the duration of economic rights is based on the life of the co-author who dies last.[633/1941 art. 26]
- For collective works the duration of economic rights of each contribution is based on the life of the contributor. The duration of the economic rights of the work as a whole is 70 years from first publication.[633/1941 art. 26] With magazines, newspapers and other periodic works, duration is calculated separately for each issue.[633/1941 art. 30]
- For anonymous or pseudonymous works, apart from those where the real author is widely known, the duration of economic rights is 70 years from date of first publication, whatever the form in which it was carried out, as long as the author does not become known in this period.[633/1941 art. 27]
- National, provincial and municipal administrations are entitled to copyright on works created and published under their name and on their behalf and expense, as are private non-profit entities, academies and other public cultural bodies.[633/1941 art. 11] Copyright on such works expires after 20 years from first publication. Copyright on writings (communications and memories) published by academies lasts two years, after which the rights revert to the author.[633/1941 art. 29]
- For posthumously published works, economic rights last for 70 years from the death of the author.[633/1941 art. 31] However, if the posthumous work is first published after copyright has lapsed, economic rights last for 25 years from this first publication.[633/1941 art. 85-ter]
- Economic rights in a cinematographic work last until the end of the 70th year after the death of the last survivor of the following: the artistic director, the authors of the screenplay, including the author of the dialogue, and the author of the music specifically created to be used in the cinematographic work.[633/1941 art. 32]
- Photographs are protected works as long as they are not simple protected photographs in accordance with the provisions of Chapter V.[633/1941 art. 2.7] The economic rights of a photographic work last until the 70 year after the death of the author.[633/1941 art. 32-bis]
- The terms of duration of economic rights above are counted starting from 1 January of the year following the event on which the duration is based.[633/1941 art. 32-ter]
A few exceptions are:
- "Non-creative" photographs: Italian copyright law provides for a shorter term of 20 years since creation. However, which kinds of photographs are considered "simple photographs" is rather vague; this rule is difficult to apply accurately, and hence should be used on Commons very carefully. Artistic photographs enter the public domain 70 years after the author's death. "Simple photographs" include reproductions of figurative art and still frames from movies. See {{PD-Italy}}.
- Texts of official acts published and distributed by the Italian State or Italian public administrations: These are in the public domain, unless the copyright has been reserved explicitly[633/1941 art. 5]. See {{PD-Italy-EdictGov}}.
- Audio recordings that were created and published in Italy at least 50 years ago, of a work which is itself in the public domain: These are in the public domain. Article 75 of Italian copyright law treats audio recordings as a special case[633/1941 art. 75]. See {{PD-Italy-audio}}.
- Works made for the public administration or for non-profit organisations have 20 years of copyright protection before being in the public domain[633/1941 art. 29]. See {{PD-ItalyGov}}.
Government works
[edit]Works created by or on behalf of either the government, the former national Fascist Party, an academy, or private legal entities of a non-profit-making character of Italy, have 20 years of duration of the rights [633/1941 art. 11, 29]
Therefore, the theory that a 70-year rule applies to works of the Italian government is unproven and has been disputed. See Commons:Deletion requests/Category:PD Italy.
According to the discussion at Commons:Village pump/Copyright/Archive/2023/10#Italy FOP again and artwork copyrights supposedly held by city councils of Italy, buildings and monuments commissioned and paid for by the Italian state (including regions, cities etc.) are also official works (government works), and the copyright in these cases is held by the state or its respective subdivision. This interpretation is backed up by legal guides and verdicts by italian courts.[8]
According to article 52, paragraph 2 of the Digital Administration Code, data and documents published by Italian public administrations without any explicit license are considered "open by default" (with exception of personal data). In this case, data and documents without explicit license can be used for free, also for commercial purpose, like CC-BY license or with attribution.[9]
Copyright tags
[edit]- {{PD-Italy}} – for simple (non-artistic) photographs originating in Italy for which the copyright has expired.
- {{PD-Italy-audio}} – for audio recording both created and published in Italy at least fifty years ago, of a work which is itself in the public domain.
- For works where the author died at least seventy years ago, {{PD-old}} applies.
- For anonymous or pseudonymous works published at least 70 years ago, use {{Anonymous-EU}}.
- {{PD-Italy-EdictGov}} – for most edicts of the Italian government.
- {{PD-ItalyGov}} – for works published by the Italian administration or by Italian nonprofit organisations.
- {{Italy-CAD-OBD}} - for works published by any Italian administration without an explicit license.
Currency
[edit]OK Regarding former Italian currency (lire), the copyright on the artwork is most likely in the public domain. "Copyright in works created and published under the name and at the expense of the State, shall belong to them".[633/1941 art. 11] "The duration of the exploitation rights belonging to the State (…) shall be twenty years as from first publication, whatever the form in which publication was effected".[633/1941 art. 29] The last distributed lira (the 500.000 bill) was distributed in the first half of 1997, more than 20 years ago.[10]
Freedom of panorama
[edit]Pictures from public places don't formally enjoy any exception in Italian copyright law. Objects still under copyright only allow "quotation right" [633/1941 art. 70] and a minimal and never implemented "fair use" [633/1941 art. 70 c. 1-bis].[11] Some objects are even subject to additional non-copyright restrictions (see below).
- Not OK {{NoFoP-Italy}}
According to the discussion at Commons:Village pump/Copyright/Archive/2023/10#Italy FOP again and artwork copyrights supposedly held by city councils of Italy, buildings and monuments commissioned and paid for by the Italian state (including regions, cities etc.) are also official works (government works), and the copyright in these cases (20 years from publication) is held by the state or its respective subdivision. This interpretation is backed up by legal guides and verdicts by italian courts.[8]
However, objects in public places can still be exempt from copyright for other reasons:
- OK for objects that are not creative or artistic enough to be copyright-protected, see Threshold of originality [42/2004 art. 11 c. 1e]. Please use {{PD-structure|ITA}} or {{TOO-Italy}} in this case.
- OK for objects where the copyright has expired, see General rules above.
Please, tag Italy no-FoP deletion requests: <noinclude>[[Category:Italian FOP cases/pending]]</noinclude>
.
Note: A de facto exception for works by deceased authors was discussed extensively. It was initially recognized by the Commons community in April 2021, but abandoned again a few months later after this clarifying discussion.
Additional restrictions for cultural heritage assets
[edit]In addition to copyright concerns, photos of any cultural heritage asset are generally subject to preemptive authorisation, a fee and other restriction due to the cultural heritage and landscape law[12] which is a non-copyright restriction. The following are considered cultural heritage assets: state-owned things with some artistic, historic, archaeological or ethno-anthropological interest and libraries, galleries, museums and archives collections, unless explicitly removed on a case by case basis; other items declared cultural heritage by the Ministry of Cultural Heritage and Activities. The national catalogue of cultural heritage assets is not publicly accessible or does not exist yet. Any artwork or building should be assumed a cultural heritage asset if older than 50 years (or 70 years in some cases since 2017 [42/2004 art. 11 c. 1d]).
Simplifications were envisioned by law for certain kinds of reproductions [42/2004 art. 108 c. 3-bis] and collections [36/2006 art. 7] but are not fully implemented yet as of 2019.
For Wiki Loves Monuments participants, an agreement between the Ministry and Wikimedia has allowed in the past to publish certain photos of cultural heritage assets on Commons, provided that for the ministry-run monuments {{Italy-MiBAC-disclaimer}} is added to the respective file descriptions.
Stamps
[edit]Until specific information becomes available, apply the 70 years pma rule (or 70 years after issue for anonymous/pseudonymous stamps), so stamps by designers deceased more than 70 years are public domain. Where there are joint authors, such as an engraver and a designer, the copyright term starts following the death of the last survivor.
{{PD-Italy}} does not apply to Italian stamps. The law contains no exceptions to standard copyright law for stamps.
Stamps sometimes contain date and author. The Stamp Art blog, while not necessarily reliable, does list designers and some engravers of Italian stamps and Italian stamp designers, so may be worth reviewing.[13] The following list of artists whose works are in public domain because they died on or before 31 December 1950 is non-exhaustive:
- Ferraris, Giuseppe (engraver) (1791–1869)
- Joubert Ferdinand (1810–1884)
- Matraire, Francesco (- c1884)
- Wyon, Leonard Charles (1826–1891)
- Bigola, Ludovico (1822–1905 )
- Michetti, Francesco Paolo (1851–1929)
- Del Neri, Edoardo (1890–1932)
- Calcagnadoro, Antonino it (1876–1935)
- Sezanne, Augusto (1856–1935)
- D'Urso, Nicola (1877–1937)
- Cellini, Guiseppe (1855–1940)
- Savage, Robert (engraver: ABNC) (1868–1943)
- Terzi, Aleardo (1870–1943)
- Constantini, Giovanni (1872–1947)
- Chiappelli, Francesco (1890–1947)
- Mezzana, Corrado (1890–1952)
Works by the following artists will remain protected until 70 years after their death:
- Rondini, Guiseppe (1881–1955) @2026
- Paschetto, Paolo Antonio (1885–1956) @2027
- Grassi, Vittorio (1878–1958) @2029
- Frigerio, Federico (1873–1959) @2030
- Cambellotti, Duilio (1876–1960) @2031
- Morbiducci, Publius (1889–1963) @2034
- Cossio, Carlo (1907–1964) @2035
- Di Fausto, Florestano (1890–1965) @2036
- Parmeggiani, Carlo (1881–1967) @2038
- Parrini, Manlio (1901–1968) @2039
- Mancioli, Corrado (1904–1968) @2039
- Conti, Gian Battista (1878–1971) @2042
- Lalia, Alfredo (1907–1971) @2042
- Marussig, Guido (1885–1972) @2043
- Guerrini, Giovanni (1887–1972) @2043
- Garelli, Franco (1909–1973) @2044
- Lerario, Giovanni (1913–1973) @2044
- Retrosi, Virgilio (1892–1975) @2046
- Morelli, Enzo (1896–1976) @2047
- Ortona, Ugo (1888–1977) @2048
- Cisari, Giulio (1892–1979) @2050
- Melis, Melkiorre it (1889–1982) @2053
- Zainea, Serban (1907–1990)[5] @2061
- Garrasi, Renato (1915–1990)(some sources say 1954) @2061
- Dominioni, Paolo Caccia (1896–1992) @2063
- Marangoni, Tranquillo (1912–1992) @2063
- Ferrini, Renato (1910–2005) @2076
- Tuccelli, Maria Maddalena-(b. 1951)
The following artists have unknown death dates:
- Liana Ferri (stamp designs 1934)[14]
- Gustavo Petronio (active c1920s–1950s)[15]
- Alberto Repettati (c.1896-1940s)
- Dino Tofani (1895–?1930)
- C. Vincenti (1930s)
Threshold of originality
[edit]Hogan Lovells states "In summary, the threshold for an industrial design product to enjoy copyright protection is still quite high and even famous industrial design products have been denied such protection by Italian Courts."[16]
Probably this applies to logos too. These files have been kept as simple logos:
But the logo of AC Parma was deleted as being a complex logo.[17] Another Parma logo has been deleted but then restored.
See also
[edit]- Italy
- Category:Copyright law of Italy
- Category:Italian FOP cases
- Category:License tags of Italy
- Category:Postage stamps of Italy
- wmit:Wiki Loves Monuments/Problemi legali
Citations
[edit]- ↑ a b Italy Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights (as amended up to Decree-law No. 64 of April 30, 2010). Italy (2010). Retrieved on 2018-11-11.
- ↑ Legge 22 aprile 1941, n. 633 Protezione del diritto d'autore e di altri diritti connessi al suo esercizio. (Copyright Act) (in Italian). Retrieved on 2023-11-10.
- ↑ Decreto Legislativo 22 gennaio 2004, n. 42: "Codice dei beni culturali e del paesaggio, ai sensi dell'articolo 10 della legge 6 luglio 2002, n. 137" (Cultural heritage and landscape law) (in Italian). Gazzetta Ufficiale n. 45 del 24 febbraio 2004 – Supplemento Ordinario n. 28 (2004). Retrieved on 2019-02-01.
- ↑ Codice dell’amministrazione digitale – Decreto Legislativo 7 marzo 2005, n. 82 (in Italian). Docs Italia. Retrieved on 2019-03-26.
- ↑ a b Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights (as amended up to Legislative Decree No. 685 of November 16, 1994) (in en). WIPO lex (November 16, 1994). Retrieved on 2019-02-04.
- ↑ Deputy Legislative Decree No. 440 of July 20, 1945, extending the Term of Protection for Intellectual Property Rights and Works protected under Law No. 633 of April 22, 1941 (in it). WIPO lex (July 20, 1945). Retrieved on 2022-01-09.
- ↑ a b See Lorenzo Passeri. Il diritto d’autore nell’attività di progettazione (in it) 24. Centro Studi Consiglio Nazionale Ingegneri., Deliberazione n. 253 del 21/06/2001 - rif. US (in it)., Consiglio di Giustizia Amministrativa per la regione Siciliana 06/03/1998 n. 131 (in it).
- ↑ National Guidelines of Agency for Digital Italy
- ↑ Seduta della Commissione V BILANCIO, TESORO E PROGRAMMAZIONE (1996-09-18). Retrieved on 9 December 2017.
- ↑ art. 70, c. 1-bis: "È consentita la libera pubblicazione attraverso la rete internet, a titolo gratuito, di immagini e musiche a bassa risoluzione o degradate, per uso didattico o scientifico e solo nel caso in cui tale utilizzo non sia a scopo di lucro."
- ↑ «Il Ministero, le regioni e gli altri enti pubblici territoriali possono consentire la riproduzione nonché l'uso strumentale e precario dei beni culturali che abbiano in consegna, fatte salve le disposizioni di cui al comma 2 e quelle in materia di diritto d'autore»; § 107(1) «Nessun canone è dovuto per le riproduzioni richieste da privati per uso personale o per motivi di studio, ovvero da soggetti pubblici per finalità di valorizzazione. I richiedenti sono comunque tenuti al rimborso delle spese sostenute all'amministrazione concedente» ( § 108(3)). it:Libertà di panorama#Italia.
- ↑ Stamp Designers from Italy. Stamp Art. Retrieved on 2019-03-26.
- ↑ Liana Ferri SBLV086274: [2] [3] (book 1951)
- ↑ Gustavo PETRONIO. Associazione Franco Fossati. Retrieved on 2019-03-26.
- ↑ Hogan Lovells. Copyrights – Copyright protection – Italy. Retrieved on 2022-04-21.
- ↑ Logo on external site DR
COM:Ivory Coast
Ivory Coast
Copyright rules: Ivory Coast Shortcut: COM:IVORY COAST | |
Durations | |
---|---|
Standard | Life + 70 years |
Anonymous | Create/publish + 70 years |
Audiovisual | Create/publish + 70 years |
Collective | Create/publish + 70 years |
Posthumous | Death + 70 years |
Other | |
Freedom of panorama | No |
Terms run to year end | Yes |
Common licence tags | {{PD-Cote d'Ivoire}} |
ISO 3166-1 alpha-3 | CIV |
Treaties | |
Berne convention | 1 January 1962 |
Bangui Agreement | 7 February 1982 |
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 Ivory Coast (Côte d'Ivoire) relevant to uploading works into Wikimedia Commons. Note that any work originating in Ivory Coast must be in the public domain, or available under a free license, in both Ivory Coast 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 Ivory Coast, refer to the relevant laws for clarification.
Background
[edit]The Côte d'Ivoire, or Ivory Coast, became a protectorate of France in 1843 and was consolidated as a French colony in 1893. The country achieved independence in 1960.
Ivory Coast has been a member of the Berne Convention since 1 January 1962, the Bangui Agreement since 7 February 1982 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 Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights as the main copyright law enacted by the legislature of Ivory Coast.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This replaced Law No 96-564 of 25 July 1996 on the protection of intellectual works and the rights of authors, performers and producers of sound and video.[3] The 2016 law abrogated any previous provisions contrary to those of the 2016 law, and in particular abrogated Law No. 96-564 of 25 July 1996.[2016-555 Article 151]
General rules
[edit]Under the 1996 law, copyright in Ivory Coast (Côte d'Ivoire) lasted for 99 years after the death of the author for works published within the lifetime of the author, and 99 years from publication for photographic or audiovisual works or works of applied art; anonymous or pseudonymous works; and posthumous works. Ivory Coast had the rule of the shorter term.[96-564 Article 45]
Under the 2016 law these durations were dropped down to 70 years.[2016-555 Section 5]:
- Economic rights in a work last during the life of author. At the death of the author, they persist for the benefit of his successors during the current calendar year and the next seventy years.[2016-555 Article 47].
- Economic rights in a collaborative work persist in the calendar year of the death of the last survivor of the co-authors and the 70 years that follow.[2016-555 Article 48]
- Economic rights in an anonymous or under a pseudonymous work last for 70 years from the end of the calendar year in which the work was lawfully made available to the public. If not published in this period, the rights last for 70 years from completion of the work.[2016-555 Article 49]
- For posthumous works, the duration of the exclusive rights is 70 years after death. For posthumous works disclosed after the expiry of this period, the duration of the exclusive right is 25 years from the first of January of the calendar year following that of the publication.[2016-555 Article 50]
- Economic rights in a collective work or an audiovisual work last for 70 years from the end of the calendar year in which such work was published, made available to the public, or created, whichever is longest.[2016-555 Article 51]
- Economic rights in a work of applied arts last for 25 years from the end of the year during which the work was disclosed.[2016-555 Article 52]
Not protected
[edit]Protection does not extend to ideas, methods, procedures, concepts or information; official texts of a legislative, administrative or judicial nature, nor to their official translations; simple data and facts.[2016-555 Article 10]
Public domain: not free
[edit]See also: Commons:Paying public domain
At the expiry of the periods of protection, the right to exploit works, interpretations, audiovisual fixations, phonograms or videograms in the public domain is administered by the empowered collective management organization.[2016-555 Article 124] Public performance and reproduction of the works in the public domain require an authorization from this organization. Authorization in the case of for-profit use is granted on payment of a royalty.[2016-555 Article 125] Works, performances, phonograms or videograms or audiovisual fixations not subject to protection shall be collected by the authorized collective management organizations.[2016-555 Article 126] The proceeds of the royalty shall be deposited, after deduction of the management costs, into a special fund managed by the empowered collective management organization that is devoted to cultural and social purposes for the benefit of Ivorian authors, performers and producers.[2016-555 Article 127]
Traditional cultural expressions: not free
[edit]Traditional cultural expressions (TCEs) are productions of characteristic elements of the traditional artistic heritage developed and perpetuated by a community or individuals presumed to be Ivorian nationals, recognized as meeting the expectations of that community and including all literary and artistic production, including folk tales, folk poetry, popular songs and instrumental music, folk dances and performances, and artistic expressions of folk art rituals and productions.[2016-555 Article 1] TCEs are part of the national heritage.[2016-555 Article 46] The right to exploit TCEs is administered by the empowered collective management organization. Public performance and reproduction of TCEs for profit-making purposes requires authorization from the empowered agency. This authorization is granted on payment of a fee.[2016-555 Article 128]
Copyright tags
[edit]- {{PD-Cote d'Ivoire}} The copyright term is generally 70 years after the author's death or 70 years after publication.
Currency
[edit]Unsure West African CFA franc used in Ivory Coast has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law[4], but it is not known if it also applies to West African CFA franc.
See also: COM:CUR France
Freedom of panorama
[edit]Not OK, non-profit use of images of copyrighted public art and architecture only.
- Note: please tag Ivorian no-FoP deletion requests:
<noinclude>[[Category:Ivorian FOP cases/pending]]</noinclude>
. Please also add {{NoFoP-Ivory Coast}} to images that incidentally show copyrighted public art and architecture.
Article 27 of the Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights does not provide an acceptable freedom of panorama that can be used by Wikimedia Commons:
- When the graphic, plastic, or architectural work of art has been disclosed, the author may not prohibit:
- the reproduction or representation, in whole or in part, by means of print, audiovisual or online media, for the exclusive purpose of immediate information and in direct relation with the latter, if the name of the author has been clearly mentioned;
- reproductions, in whole or in part, of works of graphic or plastic art intended to appear in the catalog of a judicial sale carried out in Côte d'Ivoire for the copies made available to the public before the sale for the sole purpose of describe the works of art offered for sale;
- the reproduction by audiovisual means and public communication by cable or by any other means, of graphic or plastic works of art, photographic works, and works of architecture permanently placed in a public place and their inclusion in the audiovisual work, when this reproduction is only accessory or incidental to the main subject.[2016-555 Article 27]
The first provision only allows the use of copyrighted art and architecture for pure informational purposes only; the second only permits the use of artworks in catalogs of such during judicial or legal sales within the country; and the third only allows the incidental or accessory inclusion of public art and architecture in audiovisual or broadcasting media only.
The concluding provision of Article 27 further restricts free uses of such works:
- Any exploitation for profit of the reproductions mentioned in this article is subject to prior authorization of the author.[2016-555 Article 27]
Wikimedia Commons does not accept non-commercial licenses in accordance with Commons:Licensing and the Definition of Free Cultural Works which this repository strictly follows.
According to the Ivorian copyright law, Côte d'Ivoire has a copyright duration of 70 years after the death of the author (that is, the creator/designer of the copyrighted work in public space) or the last-surviving author (if the work was designed by two or more creators/designers). If anonymous, 70 years after the work was first made lawfully to the public; if collective, 70 years from publication. In any case, the involved copyrighted work of public art and/or architecture in public space becomes copyright free and enters the public domain, and deleted images can now be restored.[2016-555 Article 47–51]
See also
[edit]Citations
[edit]- ↑ a b Côte d'Ivoire Copyright and Related Rights (Neighboring Rights). Côte d'Ivoire (2016). Retrieved on 2019-03-05.
- ↑ Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights. Côte d'Ivoire (2016). Retrieved on 2018-11-04.
- ↑ Loi no. 96-564 du 25 juillet 1996 (1996). Retrieved on 2018-11-06.
- ↑ [4]