Commons:Licensing

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This page is considered an official policy on Wikimedia Commons. (See the list: Policies and guidelines)
It has wide acceptance among editors and is considered a standard that all users should follow. Except for minor edits, please make use of the discussion page to propose changes to this policy.

This page gives non-lawyers an overview of complicated copyright laws through an example-based tutorial. It aims to help uploaders decide whether an image or other media file is acceptable on Wikimedia Commons. If you are a re-user looking for information on how to use Commons content in your own work, see Commons:Reusing content outside Wikimedia.

Wikimedia Commons accepts only free content, that is, images and other media files that can be used by anyone, anytime, for any purpose. The use may be restricted by issues not related to copyright, though, see Commons:Non-copyright restrictions, and the license may demand some special measures. There is also certain material, the copyrights of which have expired in one country while still applying in another. Some of the details are explained below. Wikimedia Commons tries to ensure that any such restrictions are mentioned on the image description page; however, it is the responsibility of reusers to ensure that the use of the media is according to the license and violates no applicable law.

Wikimedia Commons accepts only media

  • that are explicitly freely licensed, or
  • that are in the public domain in at least the United States and in the source country of the work.

Wikimedia Commons does not accept fair use justifications: see Commons:fair use. Media licensed under non-commercial only licenses are not accepted as well.

The license that applies to an image or media file must be indicated clearly on the file description page using a copyright tag. All information required by that license must be provided on the description page. The information given on the description page should be sufficient to allow others to verify the license status. It would be best to do this immediately in the summary field on the upload form.

If you request permission from a copyright holder, please use the email template to do so.
A quick introduction

Contents


Acceptable licenses

A copyright license is a formal permission stating who may use a copyrighted work and how they may use it. A license can only be granted by the copyright holder, which is usually the author (photographer, painter or similar).

This cartoon explains why Commons does not accept "noncommercial" licenses. Click to view the full-size image.

All copyrighted material on Commons must be licensed under a free license that allows anyone to use the material for any purpose. In particular, the license must meet the following conditions:

  • Republication and distribution must be allowed.
  • Publication of derivative work must be allowed.
  • Commercial use of the work must be allowed.
  • The license must be perpetual (non-expiring) and non-revocable.
  • Acknowledgment of all authors/contributors of a work may be required.
  • Publication of derivative work under the same license may be required.
  • For digital distribution, use of open file formats free of digital restrictions management (DRM) may be required.

The following restrictions must not apply to the image or other media file:

  • Use by Wikimedia only (the only non-free-licensed exceptions hosted here are Wikimedia logos and other designs which are copyrighted by the Wikimedia Foundation).[1]
  • Noncommercial/Educational use only.
  • Use under fair use only.
  • Notification of the creator required, rather than requested, for all or for some uses.

For example, the following are generally not allowed:

  • Screenshots of software that is itself not under a free license. However, screenshots of software under the GPL or a similar free software license are generally considered to be OK. See Commons:Screenshots.
  • TV/DVD/Videogame screenshots. See Commons:Screenshots.
  • Scans or reproductive photographs of copyrighted artwork, especially book covers, album/CD covers, etc. See Commons:Derivative works.
  • Copyrighted symbols, logos, etc. (Not to be confused with trademarks.)
  • Models, masks, toys, and other objects which represent a copyrighted work, such as a cartoon or movie character (rather than just a particular actor, regardless of a specific role). See Commons:Derivative works.

Commons also allows works that are not protected by copyright (i.e. works in the public domain). Please read the section about public domain below.

For an explanation of the justification for this licensing policy, see Commons:Licensing/Justifications.

Multi-licensing

This cartoon demonstrates the utility of including a Creative Commons license. Click to view the full-size image.
Example of a free "own image" of a public place. Dual licensed by its author under GFDL and CC-BY-SA (see description page)

You can offer as many licenses for a file as you want as long as at least one of them meets the criteria for free licenses above. For example, files under a "non-commercial" license are OK only if they are at the same time also released under a free license that allows commercial use.

Multi-Licensing with restrictive licenses may be desirable for compatibility with the licensing scheme of other projects; also, multi-licensing allows people who create derivative work to release that work under a restrictive license only, if they wish—that is, it gives creators of derivative works more freedom with regards to which license they may use for their work.

Well-known licenses

The following well-known licenses are preferred for materials on Commons:

Again, works in the public domain are also accepted (see below). See Commons:Copyright tags for more licenses.

Note: The GFDL is not practical for photos and short texts, especially for printed media, because it requires that they be published along with the full text of the license. Thus, it is preferable to publish the work with a dual license, adding to the GFDL a license that permits use of the photo or text easily; a Creative Commons license, for example. Also, do not use the GPL and LGPL licenses as the only license for your own works if it can be avoided, as they are not really suitable for anything but software.

Works which are not available under a license which meets the Definition of Free Cultural Works are explicitly not allowed. See the Wikimedia Foundation board resolution on licensing for more information.

Some examples of licensing statuses commonly found on the Internet, but forbidden on Commons, include:

  • Creative Commons Non-Commercial Only (-NC) licenses
  • Creative Commons No-Derivatives (-ND) licenses
  • Unlicensed material only usable under fair use, fair dealing, or other similar legal exceptions (see below for the reasons)

Non-permitted licenses may only be used on Commons if the work is multi-licensed under at least one permitted license.

License information

Example image with the recommended detailed image description (see image page)

All description pages on Commons must indicate clearly under which license the materials were published, and must contain the information required by the license (author, etc.) and should also contain information sufficient for others to verify the license status even when not required by the license itself or by copyright laws.

Specifically, the following information must be given on the description page, regardless if the license requires it or not:

  • The License that applies to the material. This should be done using a copyright tag.
  • The Source of the material. If the uploader is the author, this should be stated explicitly. (e.g. "Created by uploader", "Self-made", "Own work", etc.) Otherwise, please include a web link or a complete citation if possible. Note: Things like "Transferred from Wikipedia" are generally not considered a valid source unless that is where it was originally published. The primary source should be provided.
  • The Author/Creator of the image or media file. For media that are considered to be in the public domain because the copyright has expired, the date of death of the author may also be crucial (see the section about public domain material below). A generic license template which implies that the uploader is the copyright holder (e.g. {{PD-self}}) is no substitution for this requirement. The only exceptions to this is if the author wishes to remain anonymous or in certain cases where the author is unknown but enough information exists to show the work is truly in the public domain (such as the date of creation/publication).

Of less importance, but should always be provided if possible:

  • The Description of the image or media file. What is it of? How was it created?
  • The Date and place of creation. For media that are considered to be in the public domain because the copyright has expired, the date of creation may be crucial (see the section about public domain material below).

These points of the description can be done at best using the Information template. For usage of this template see Commons:First steps/Quality and description.

Scope of licensing

In some cases, a document (media file) may have multiple aspects that can and have to be licensed: Every person that contributed a critical part of the work has rights to the results, and all have to make their contribution available under a free license—see derivative work. However, the distinctions are unclear and may differ from country to country. Here are a few examples to clarify:

  • For a music recording, the following aspects must be taken into account, and each must be under a free license (or in the public domain):
    • The score of the music (rights by the composer)
    • The lyrics of the song (rights by the writer)
    • The performance (rights by the performers)
    • The recording (rights by the technical personnel / recording company)
  • For a picture of artwork (also book covers and the like), it is similar:
    • The creator of the original artwork has rights to any reproductions and derivative work.
    • The photographer has rights to the image, if it is not a plain reproduction of the original.
  • For a picture of a building, note that the architect may hold some rights if distinct architectural features are shown, but see also Commons:Freedom of panorama.

This is often problematic, if the artwork is not the primary content of the image or is not clearly recognizable: in that case, usually only the creator of the resulting picture (recording, etc.) holds a copyright. For instance, when taking a photograph of a group of people in a museum, the photo may also show some paintings on the walls. In that case the copyright of those paintings does not have to be taken into account. The distinction however is not very clear.

Note that the license for all aspects has to be determined and mentioned explicitly.

Also note that reproductions usually may not be copyrighted; the creator of an image of a picture owns no copyright to the resulting digital image. The only relevant copyright is that of the original picture. This also applies to Screenshots.

Material in the public domain

Commons accepts material that is in the public domain, that is, documents that are not eligible to copyright or for which the copyright has expired. But the "public domain" is complicated; copyright laws vary between countries, and thus a work may be in the public domain in one country, but still be copyrighted in another country. There are international treaties such as the Berne Convention that set some minimum standards, but individual countries are free to go beyond these minimums. A general rule of thumb is that if the creator of a work has been dead for more than 70 years, his works are in the public domain in the country the creator was a citizen of and in the country where the work was first published. If the work is anonymous or a collaborative work (e.g. an encyclopedia), it is typically in the public domain 70 years after the date of the first publication.

Many countries use such a copyright term of 70 years. A notable exception is the U.S. Due to historical circumstances, the U.S. has more complex rules. In the United States, copyright generally lasts:

  • for works first published before 1978: until 95 years after the first publication, and
  • for works first published 1978 or later: until 70 years after the author's death, or for anonymous works or work made for hire, until the shorter of 95 years since the first publication or 120 years since the creation of the work.
  • Works published before 1923 are in the public domain.

For works created before 1978 but only published 1978 or later, there are some special rules. These terms apply in the U.S. also for foreign works.

However, the year and location of publication is essential. In several countries, material published before a certain year is in the public domain. In the U.S. this date is January 1, 1923. Furthermore, in some countries all material published by the government is public domain, while others claim some copyrights, yet others are very restrictive (see country specific details below).

In some jurisdictions (like the United States), one can also explicitly donate work one has created oneself to the public domain. In other places (like the European Union) this is technically not possible, but one can grant the right to use the picture freely with, for example, the Creative Commons Zero Waiver, which waives all rights granted by copyright.

See also the Hirtle chart, that can help you determine if something is in the public domain in the United States.

Interaction of United States copyright law and non-US copyright law

Every faithful reproduction of Mona Lisa is considered by Commons to be public domain. See "Exception" in text for details.

Commons is an international project, but its servers are located in the U.S., and its content should be maximally reusable. Uploads of non-U.S. works are normally allowed only if the work is either in the public domain or covered by a valid free license in both the U.S. and the country of origin of the work. The "country of origin" of a work is generally the country where the work was first published.

When uploading material from a country outside the U.S., the copyright laws of that country and the U.S. normally apply. If material that has been saved from a third-party website is uploaded to Commons, the copyright laws of the U.S., the country of residence of the uploader, and the country of location of the web servers of the website apply. Thus, any licence to use the material should apply in all relevant jurisdictions; if the material is in the public domain, it must normally be in the public domain in all these jurisdictions (plus in the country of origin of the work) for it to be allowable on Commons.

For example, if a person in the UK uploads a picture that has been saved off a French website to the Commons server, the upload must be covered by UK, French and US copyright law. For a photograph to be acceptable for upload to Commons, it must be public domain in France, the UK and the US, or there must be an acceptable copyright license for the photograph that covers the UK, US and France.

Exception: Faithful reproductions of two-dimensional works of art, such as paintings, which are in the public domain are an exception to this rule. In July 2008, following a statement clarifying WMF policy, Commons voted to the effect that all such photographs are accepted as public domain regardless of country of origin, and tagged with a warning. For details, see Commons:Policy on photographs of old pictures.

Uruguay Round Agreements Act

The Uruguay Round Agreements Act or URAA is a US law that restored copyrights in the U.S. on foreign works if that work was still copyrighted in the foreign source country on the URAA date. This URAA date was January 1, 1996 for most countries. This means that foreign works became copyrighted in the U.S. even if they had been in the public domain in the U.S. before the URAA date. See also Wikipedia:Non-U.S. copyrights.

Because the constitutionality of this law was challenged in court, Commons initially permitted users to upload images that would have been public domain in the U.S. but for the URAA. However, the constitutionality of the URAA was upheld by the U.S. Supreme Court in Golan v. Holder. After discussion, it was determined that the affected files would not be deleted en masse but reviewed individually. There was further discussion about the best method for review of affected files, resulting in the creation of Commons:WikiProject Public Domain.

Fair use material is not allowed on Commons

Wikimedia Commons does not accept fair use content. See Commons:Fair use.

Derivative works

This montage is an example of a derivative work. It combines various preexisting images that were released under the GFDL and other compatible free content licenses.

You want a picture of Mickey Mouse, but of course you can't just scan it in. Why not take a picture of a little action figure and then upload it? Don't. The reason why you can't upload photographs of such figures is that they are considered as derivative works. Such works can't be published without permission of the original creator.

The US Copyright Act of 1976, Section 101, says: "A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”." A photograph of a copyrighted item is considered a derivative work in US jurisdiction. US Copyright Act of 1976, Section 106: "(...) The owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (...) (2) to prepare derivative works based upon the copyrighted work;"

Therefore, "unauthorized" derivative works, like photographs of copyrighted action figures, toys, etc., must be deleted.

For more information, see Commons:Derivative works.

Simple design

Logo of Microsoft – {{PD-textlogo}}

Regarding trademarks (see also Commons:Image casebook#Trademarks): Most commercial items and products are protected by intellectual property laws in one way or another, but copyright is only one such protection. It is important to make the distinction between copyright, trademarks, and patents. Wikimedia Commons generally only enforces copyright restrictions, for these reasons:

  1. Almost anything can be trademarked, and it wouldn't make sense to forbid everything.
  2. Trademarks and industrial designs restrictions are pertinent to industrial reproduction, but photographs of such items can otherwise be freely reproduced.

→ For these reasons Commons accepts any trademark whose copyright has expired. Moreover, Commons accepts images of text in a general typeface and of simple geometric shapes, even if it happens to be a recent trademarked logo, on the grounds that such an image is not sufficiently creative to attract copyright protection.[2] Such images should be tagged with {{PD-ineligible}} or one of the list of more specific tags for this kind of works (e.g. {{PD-textlogo}} for simple logos).

It is often very difficult to determine whether a design is protected by copyright or not, and images of these sorts are frequently nominated for deletion, with various results. See Commons:Threshold of originality and/or “Threshold of originality” (in Wikipedia) for some guidance.

Fonts

The raster rendering of a font (or typeface) is not subject to copyright in the U.S., and therefore is in the public domain. It may be copyrighted in other countries (see intellectual property of typefaces on Wikipedia). You should use {{PD-font}} in this case.

Checklist

Let's assume you took a picture with your camera, or you've scanned it from somewhere, or you've downloaded it off a web server - and want to upload it to Wikimedia Commons. How do you know what's OK and what's not? Here's a simple chart that helps you decide. In cases of doubt, read the further advice for your country first. If you still don't know for sure, ask on Commons:Help desk or Commons:Village pump in your local language.

See Commons:Image casebook for a more complete list.

Symbol OK.svg OK

Your own photos of:

  • Nature (forest, sky, etc.)
  • Animals (cats, dogs, etc.)
  • Insects (ants, beetles, etc.)
  • Produce (apples, tomatoes, etc.)
  • People who have given their consent for their image to be published
  • You (as long as you don't use this as your private webspace), but not pictures others took of you (these require the consent from whoever took the picture)
  • Objects that are public domain by age both in the United States and your jurisdiction:
    • Buildings built by an architect who died 70+ (preferably 100+) years ago
    • Works of art created by an artist who died 70+ (preferably 100+) years ago and first published before 1923
    • Books by authors who died 70+ (preferably 100+) years ago and first published before 1923
    • Newspapers and Magazines published by an author who died 70+ (preferably 100+) years ago and first published before 1923

Own scans of:

  • Material where copyright has expired in both your jurisdiction and the United States.
  • Pictures created entirely by you (based either on no earlier source or on a source which is in the public domain)

Material from web servers:

  • Material where copyright has expired in your jurisdiction, the United States and the jurisdiction of the web server.

Questionable, Symbol OK.svg may or X mark.svg may not be OK

All kinds of copyrighted material, when uploader does not own the copyright:

Photographs, drawings, scans and other reproductions of:

  • Cars (cars with only one color and without any ads, paintings etc. are OK)
  • Products of daily use (simple designs are OK)
  • Book covers (only very simple designs are OK)
  • Currency (depends on country law; please see Commons:Currency)
  • Buildings built by an architect who died less than 70 years ago (or is still alive) (see Freedom of panorama)
  • Permanently installed works of art in a public place, created by an artist who died less than 70 years ago (or is still alive) (see Freedom of panorama)
  • Interiors of private houses, homes, museums
  • Celebrities (see Commons:Photographs_of_identifiable_people)
  • Normal people who have not given their consent (see Commons:Photographs_of_identifiable_people)
  • Pictures of you taken by a third party (Normally ok if it's a candid or casual shot made on your request. Formal or professional snapshots require a formal release. Also subject Commons:Project scope restrictions on how many you may upload)

X mark.svg not OK

  • Fair use images (see Commons:Fair use)
  • Fan art that closely resembles copyrighted material (see Commons:Fan art)
  • Reproductions of objects that are copyrighted by someone other than you, like the following:
    • Action figures, statuettes and other copyrighted material (see Commons:Derivative works)
    • Album, videogame, movie and other commercial products covers, posters, newspapers and magazines whose copyright has not expired (covers and interiors).
  • Sounds of things that are copyrighted by someone other than you, like the following:
    • Copyrighted radio stations (programs and commercials)
    • Lyric songs created by an author whose copyright has not expired

International law

Berne Convention

Almost all countries in the world are party to the Berne Convention for the Protection of Literary and Artistic Works (see here for the text). Following this convention, countries enforce copyrights from other countries, according to certain rules. One consequence of these rules is that we should always care about the laws of the country of origin of the work.

Most important is article 7, which sets the term of duration of the protections granted by the Convention. The Convention sets a minimal term of 50 years after the life of the authors (subject to some exceptions). However, each country is free to set longer terms.

In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.

Even though many countries have accepted the rule of the shorter term based on Article 7 of the Convention, please note that the United States Copyright Act has not honored such a rule. For example, 17 U.S.C. 104A(a)(1)(B) may restore copyright on a work published outside the USA for the remaining American copyright term even if its copyright may expire sooner in its source country. This may affect works that were still copyrighted on 1 January 1996 in their source countries. This mean that a work now in the public domain in a Commons user's home country might still be legally copyrighted in the USA. For further details, please visit w:en:Wikipedia:Non-US_copyrights#Dates_of_restoration_and_terms_of_protection for a list of American copyright restoration dates.

European copyright law

The European Union has issued directives harmonizing copyright rules in the European Union (see Copyright law of the European Union). Note, however, that directives, unlike European regulations, do not apply uniformly. They have to be transposed into national law by each country's legislature, and they often offer significant leeway in doing so. This is, for instance, the case for the legal exemptions of copyright (equivalent of "fair use"), which are allowed to differ within certain limits.

The most important, for our purposes, is the Directive on harmonizing the term of copyright protection (text). This directive sets the duration of copyright to 70 years following the death of the author (for multiple authors, of the last author; for collective, pseudonymous or anonymous works, following the date of publication).

However, this directive does not shorten already running extended copyright terms in countries that apply them.

The 2001 EUCD, article, 5 specifies exceptions to copyright. However, only one of these exceptions is mandatory (it concerns caching). The others are optional, meaning that for each exception, each country is free to choose whether it adopts it and how it restricts it. Thus, one should not assume that one exception true in one EU country applies in another. Notably, each country is free to chose how to copyright objects permanently located in public places and "simple" photographs.

Finally, there is a considerable amount of case law or jurisprudence on these issues. In some cases, they may create rights or restrictions that do not appear in the text of the law. Thus, one should always be wary in how the law is interpreted in the country of interest, as opposed to merely reading the legal texts.

Country-specific laws

Laws about copyright differ from country to country. Images uploaded to Commons, unless uploaded from the United States, involve the interaction of two or more copyright jurisdictions. Generally, the policy applied on Commons is to only allow images that can be used in all (or at least most) countries. The laws of individual countries differ especially in the following points:

  • The time for which a copyright applies. In most countries, copyright expires no later than 70 years after the death of the author (p.m.a.).
  • Status of works of the government. In many (but not all) countries, documents published by the government for official use are in the public domain.
  • Material applicable for copyright. In some jurisdictions, pictures of artistic work like architecture, sculptures, clothing etc. can not be used freely without the consent of the creator of the original artwork.

The safest way to apply international copyright law is to consider the laws of all the relevant jurisdictions and then use the most restrictive combination of laws to determine whether something is copyrighted or not. The jurisdictions that might need to be considered are:

  • The place where the work was created;
  • The place where the work is being uploaded from;
  • The place that any web server the work has been downloaded from physically is;
  • The United States.

A work is only allowed on Commons if it is either public domain in all relevant jurisdictions or if there is a free licence which applies to the work in all relevant jurisdictions.

In the case of a painting published in France please do apply US-American copyright laws as those copyright laws apply to the servers of Commons. Also apply the copyright laws of the country you are in and the copyright laws of any web server you got the work off. In the case of a French painting uploaded to Commons from a French web server by someone living in the UK three copyright jurisdictions would apply: France, UK and US. US law would mean that if the painting had not been published before 1923 it would be in copyright. British law would mean that if the painting was by an artist who had been dead for less than 70 years it would be in copyright. French law would mean that, if the painting was by an artist who died while in service for France (a concept called Mort pour la France), it would be in copyright for 100 years after the artist's death: an additional 30 years past the term provided by British law. In this case the most restrictive combination of jurisdictions would be French and US. Only if the painting was legally in the public domain in both France and the United States could it be uploaded from a French web server to Commons.

UNESCO has a collection of national copyright laws that should be referred to when creating country-specific tags such as those below.

The Public Domain Calculator by the Europeana Connect project/Österreichische Nationalbibliothek is useful (for people who are not legal newbies) for determining the copyright status of European works in their source nations.

Relevant country-specific differences in the duration of copyright (from 70 years pma) and exceptions of the application of copyright are discussed below (countries are listed in alphabetical order):

Afghanistan

Works are considered in the public domain in Afghanistan according to The law on the support the right of authors, composers, artists and researchers (Copy Right Law). (unofficial English translation) because:

  • It is a photograph, painting, or other audiovisual work originally published or broadcast more than 50 years ago, or
  • It is any other form of protected work and more than 50 years have passed since the death of the last surviving author and the date of original publication.

All works published using a pseudonym enter the public domain 50 years after publication, unless the author's identity subsequently becomes known.

Since Afghanistan is not a participant in the Berne Convention or any other treaty on copyright, works published by Afghan citizens in Afghanistan are usually not subject to copyright protection outside of Afghanistan. Hence, such works may be in the public domain in most other countries worldwide.

However, works published in Afghanistan by citizens or permanent residents of other countries will generally be entitled to copyright protection in their home country as well as in Afghanistan. Similarly, works published outside of Afghanistan within 30 days of publication within Afghanistan will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of Afghanistan, the term of such copyright protection may exceed the term of copyright inside Afghanistan.

Albania

According to Copyright law of Albania the duration of copyright is 70 years post mortem auctoris. Copyright terminates 70 years after publication for pseudonymous or anonymous work. The following are not copyrightable and thus in public domain:

  • the ideas, theories, concepts, discoveries and inventions in a creative work, apart from the way of acquiring, explanation or expression;
  • the official texts of a legal, administrative, legislative, political nature and their respective official translations;
  • the official symbols of the state, symbols of other public organizations and public authorities, such as: Coat of arms, seals, flags, emblems, medallions, medals;
  • Means of payment;
  • news and press information;
  • simple data and facts.
  • Folk expressions.

Albanian Laws on Copyright

Here are some of the orginals, see also wikisource for texts.

Wikisource-logo.svg
Wikisource has a page about this at:

Algeria

Current Algerian law states that photos and films are protected for 50 years starting from the end of the publication year, after which they are in the public domain. However, all photographs which were first published before January 1, 1987 are in the public domain, see Template:PD-Algeria-photo-except.

Andorra

The copyright law of Andorra states that the copyright term lasts for life extended for 70 years as from the first of January of the year following the death of the author. In a work of joint authorship, the term of 70 years shall be calculated from the death of the last surviving joint author. In a work of an author/s not identified individually (collective, anonymous or pseudonymous), the term is 70 years from the first time at the public disposal.

This is not applicable to any official text of legislative, administrative or judicial nature. However, the works of architecture are protected.

Andorra is party to the Berne Convention since June 2, 2004.

Arab League

Laws are found in both Arab Committee for Protecting Intellectual Property and Arab Law Group Organization

Argentina

See templates for details.

The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a. In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957. In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).

Armenia

According to the Copyright law of 1999 the duration of copyright is 50 years after the death of the author and 50 years after publication for anonymous work. Moral rights are perpetual.

On June 15, 2006 new law was passed, according to which duration of copyright was prolonged to 70 years after death of author, last death of co-author, or 70 years after being published, for work which remained anonymous. The new law also prolongs copyright for those works, which have become PD according to previous law, but are still copyrighted according to new law (e.g. less then 70 years passed from author's death).

The copyright in a work created on an employment assignment shall belong to the author of the work.

Armenia has freedom of panorama limited to de minimis use and non-commercial purposes.

Australia

Government-produced works

According to [3], copyright of works with commonwealth, state, or territory-owned copyright expires 50 years from the date of creation (rounded up to the nearest year). Following that logic, all government-created works created before 1 January 1962 should be in the public domain.

Non-government works

Presently, the Australian Copyright Act 1968[4] should be consulted to determine whether the copyright of a work produced or published in Australia has expired. The Australian Copyright act 1968 was amended as of the 1st January 2005 and further amended February 2008, prior to this the time limit was 50 years the amendment was not retrospective, copyrights that expired prior to this date were not revived [5]

  • Australian copyright is applied to works published first in Australia or whose original author is/was an Australian citizen, Australian resident or person under protection of the Australian government.[6]
  • For published works, the copyright expires 70 years after the death of the author.[7]
  • For previously unpublished works, the copyright cannot expire less than 70 years after the first publication of the work. [8]
  • For anonymous/pseudonymous works, the copyright expires 70 years after the first publication of the work.[9]

Following this logic:

  • All published works whose author deceased before 1 January 1955 are in the public domain.
  • What is more, since works that went out of copyright before the change of the law in 2005 did not regain copyright, all published works whose author died before 1 January 1955 are public domain, as they went out of copyright before the new law came into effect. Copyright is lost at the start of the next year, so works of authors who died in 1955 will not be out of copyright until 2026.
  • All anonymous/pseudonymous works published before 1 January 1955 are in the public domain.
  • Unpublished works are not in the public domain.

Note:

  • Photographs (published or unpublished) taken prior to midnight on the 31st December 1954 are in the public domain[10], photographs taken on/after 1st January 1955 are not PD unless prescribed by the copyright owner.[3]

Austria

Freedom of panorama

Objects permanently located in public that can be photographed from public (accessible) grounds, without devices such as a ladder, can be used by its photographer for any purpose, regardless of whether they display an artwork/building or not. This right is called Panoramafreiheit (freedom of panorama). However in some circumstances certain modifications (but not usage) of the image can be prohibited by the copyright owner of the object (artist or architect) if the copyright of that object has not expired. Generally, an image taken in a public space might not be used to produce an object similar to the original[4].

Official works

By Austrian law, documents are in the public domain (gemeinfrei) if they have been published as part of a law or official decree or edict, or if they have been released as an official announcement or for public information. The relevant law is paragraph 7 of the UrhG.

Azerbaijan

According to the Copyright law of 1996 the duration of copyright is 50 years post mortem auctoris. The duration of copyright for anonymous work is 50 years after publication unless the author is identified. Post-humously work is protected 50 years after death if the work is published within 30 years after death.

According to article 8 copyright registration or explicit mention of copyright may be necessary. The English translation is not clear on this point.

The following are not subjects of copyright:

  • official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and their official translations;
  • State emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs);
  • works of folklore;
  • communications concerning events and facts that have informational character.

The reproduction, broadcasting or communication to the public by cable of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author's consent and without payment of remuneration, except where the presentation of the work constitutes the main feature of the said reproduction, broadcast or communication to the public by cable, if it is used for commercial purposes.

Bangladesh

The Copyright Act 2000 of Bangladesh gives works a basic protection of sixty years after the death of the author. There is Freedom of panorama for buildings and sculpture in public places.

Belarus

The Law On Copyright and Adjacent Rights of Belarus states that the copyright term lasts for life, then extended for the next 50 years after the death of the author. In the case of more than one author, it will be 50 years p.m.a. after the death of the last author. Freedom of panorama exists in a specified way: direct shots of not-PD statues, artworks, etc. are copyright violation.

Belgium

According to the Copyright law of 1994 the duration of copyright is 70 years post mortem auctoris. For anonymous work the duration of copyright is 70 years after publication if the author is not identified.

Belize

According to the Belize's Copyright Act of 2000, literary, dramatic, musical, or artistic works are protected for 50 years after the death of the author. If the author is unknown, the works are protected for 50 years after publication. Sound recordings and films are protected for 50 years after they are made.

Benin

The Law of 2006 (French) gives a term of 70 years pma.

Bhutan

According to the International Property Division of the Ministry of Economic Affairs, Bhutan joined the Berne Convention in 2004. Copyright applies automatically and is not required to be registered in Bhutan.

Botswana

Copyright in Botswana is governed by Chapter 68:02 Copyright and Neighboring Rights adopted in 2006. Copyright is protected 50 years from the death of the author (10.1) or last-surviving author (10.2). For collective works, audiovisual works (10.3), anonymous works, or pseudonymous works (10.4), copyright is protected 50 years from the date of publication. For works of applied art, copyright is protected for 25 years from creation (10.5).

Bosnia and Herzegovina

See also: Commons:Copyright tags#Bosnia and Herzegovina

Full text of Bosnia and Herzegovina's copyright law from 2010: in Bosnian, Croatian, Serbian and English.

  • Protected works: see article 4.
  • Duration of copyright: see article 55–62 – generally 70 years after death of the author except for anonymous works (70 years after anonymous publication).
  • No Freedom of panorama.

Brazil

According to Brazilian Copyright law of 1998 (in Portuguese) translation:

Chapter III -The Economic Rights of the Authors and Term Thereof

  • Art. 28. The author has the exclusive right to use his literary, artistic or scientific work, to derive benefit from it and to dispose of it.
  • Art. 41. The author's economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law.
  • Art. 42. Where a literary, artistic or scientific work of joint authorship is indivisible, the term of protection provided for in the foregoing Article shall be calculated from the death of the last surviving joint author.
  • Art. 43. The term of protection of economic rights in anonymous or pseudonymous works shall be 70 years counted from the first of January of the year following that of the first publication.

Sole Paragraph. The provisions of Articles 41 and its sole paragraph shall be applicable where the author makes his identity known before the expiry of the period referred to in the introduction to this Article.

  • Art. 44. The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure.
  • Art. 45. In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain:
    • I. the works of authors deceased without heir;
    • II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.

Chapter V - Term of Protection for Neighboring Rights

  • Art. 96. The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organization, and public performance in other cases.

Freedom of panorama

  • Art. 48. Works permanently located in public places may be freely represented by painting, drawing, photography and audiovisual processes.

Government works

See {{PD-BrazilGov}}

Burma

According to the paper "Legal Status of Intellectual Property Rights in Myanmar" by U Tin Ko Win (2006) and the WIPO Lex website as of November 2010, copyright law in Burma (Myanmar) is governed by the Burma Copyright Act 1914, which is based on the UK Copyright Act 1911.

  • Photographs. The copyright in a photograph expires 50 years after the date of the making of the original negative from which the photograph was directly or indirectly derived. The author of the work is the owner of the negative at the time it was made: Burma Copyright Act, First Schedule, section 21.
  • Original literary, dramatic, musical and artistic works.
As regards original literary, dramatic, musical and artistic works (but not photographs), copyright lasts for 50 years after the author's death: Burma Copyright Act, First Schedule, section 3; and see MODiNS.net.
The copyright in a work of joint authorship expires:
  • 50 years after the death of the author who first dies; or
  • upon the death of the author who dies last;
whichever period is longer: First Schedule, section 16(1).
However, where a literary, dramatic or musical work, or an engraving (but not some other type of artistic work), is concerned, if the work had not been published (or, in the case of a dramatic or musical work, performed in public) at the date of the author's death (or, for a work of joint authorship, the date of the death of the author who died last), the copyright in the work expires 50 years after the work is published, or performed or delivered in public, whichever occurs first: First Schedule, section 17(1).
  • Freedom of panorama. It is not an infringement of copyright to make or publish paintings, drawings, engravings or photographs of (1) a work of sculpture or artistic craftsmanship permanently situated in a public place, or (2) an architectural work of art (except that architectural drawings or plans may not be produced): First Schedule, section 2(1)(iii). Artistic work is defined as including "works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art and engravings and photographs", which suggests that works of artistic craftsmanship do not include paintings, drawings, sculptures, engravings, photographs and architectural works of art. An "architectural work of art" is any building or structure having an artistic character or design or any model for such building or structure, but does not include processes or methods of construction: First Schedule, section 35(1).
  • Government works. Copyright in a work prepared by or published by or under the direction or control of any government department belongs to the Government, and expires 50 years after the date of first publication of the work: First Schedule, section 18.

Cambodia

According to the copyright law of the Cambodia, copyright lasts 50 years after the death of the author.

Cameroon

According to Cameroon's Law on Copyright and Neighboring Rights, enacted in 2000:

  • Copyright lasts for 50 years after the death of the author
  • For anonymous and pseudonymous works, copyright lasts for 50 years after publication
  • Coats of arms, decorations, currency marks and other official insignia are not protected by copyright
  • There is no freedom of panorama

Canada

All photographs taken before 1 January, 1949 are in the public domain.

For works from after that time, or non-photographs, the Copyright Act states a copyright subsists for the life of the author plus 50 years following the end of the calendar year of death (section 6). If the work is anonymous or pseudonymous then the copyright lasts either 50 years following publication or 75 years after the making of the work, whichever is earlier (section 6.1), provided the authorship does not become known in that timeframe.

See the Canadian Public Domain Flowchart to determine if a work is in the public domain.

Chile

See Template talk:PD-Chile and {{PD-Chile}}.

China

People's Republic of China

According to the Copyright Law of the People's Republic of China in effect in Mainland China:

  • Article 5: The law does not apply to those specified in Template:PD-PRC-exempt.
  • Article 20: The rights of authorship, alteration and integrity of an author shall be unlimited in time. These are moral rights.
  • Article 21:
    • A copyright subsists for the life of the author plus 50 years following the end of the calendar year of death.
    • A legal entity or other organization or in respect of a work created in the course of employment enjoys the copyright for 50 years since the first publication.
    • A cinematographic work, a work created by virtue of an analogous method of film production or a photographic work is copyrighted for 50 years since the first publication.
    • All of the preceding terms expire on December 31 of the last year.
  • Article 59 has restored copyright. The same thing has also been written in Article 55 of the Copyright Law of the People's Republic of China dated 1990 (中华人民共和国著作权法/1990年).[11] One should not simply assume that works made in China before the 1990 laws are in the public domain.

According to the Chinese Civil Law Article 100 photos of regular people may not be used for profit (commercially) without their consent.

Hong Kong

According to Chapter 528 Copyright Ordinance, in Section 17 Duration of copyright in literary, dramatic, musical or artistic works, in the law of Hong Kong, a work's copyright expires 50 years after the last death of known authors, or the work's first publication for unknown authorship, or the year it made when the work is never made public and with unknown authorship. The above-mentioned ordinance does not apply to the work of Hong Kong Government, Legislative Council and certain international organizations. Their copyrights are under separate ordinances. [12]

Macau

According to the Copyright Law (Decree-Law n.o 43/99/M):

  • Article 6: Official works are not protected. See also Template:PD-MacaoGov.
  • Article 21: Generally, copyright shall lapse 50 years after the death of the creator of the work, even in the case of works disclosed or published posthumously, to expire at the end of the last year.
  • Article 51: Non-Macanese works are copyrightable in Macau for the Macanese copyright duration or the home country or area, whichever is less, i.e. the rule of the shorter term applies in Macau.
  • Article 106: The copyright in an audiovisual work shall lapse 50 years after its disclosure.
  • Article 148: The copyright in works of applied art shall lapse 25 years after the completion of the work.
  • Article 155: The copyright in photographic works shall lapse 25 years after their completion, even if they have never been disclosed or published.
  • Article 182: The rights of performers shall lapse 50 years after the performance.
  • Article 188: The rights of producers of phonograms and videograms shall lapse 50 years after fixation.
  • Article 192: The rights of broadcasting organizations shall lapse 20 years after the broadcast.

Republic of China (Taiwan)

According to the Copyright Act of the Republic of China in effect in Taiwan, Penghu, Kinmen, and Matsu:

  • Article 9: Works specified in Template:PD-ROC-exempt shall not be the subject matter of copyright.
  • Article 30:
    • Generally, economic rights endure for the life of the author and 50 years after the author's death.
    • Where a work is first publicly released between the 40th and 50th years after the author's death, the economic rights shall endure for a term of 10 years beginning from the time of the first public release.
  • Article 31: Economic rights in a joint work subsist for 50 years after the death of the last surviving author.
  • Article 32
    • Economic rights in a pseudonymous work or an anonymous work endure for 50 years from the time of public release; provided, the economic rights shall be extinguished where it can be proven that the author has been deceased for over 50 years.
    • The provisions of the preceding paragraph shall not apply when the pseudonym of the author is well known to the public.
  • Article 33: Economic rights in works authored by a juristic person endure for 50 years after the public release of the work; provided, if the work is not publicly released within 50 years from the completion of the creation, the economic rights shall subsist for 50 years after completion of the creation.
  • Article 34:
    • Economic rights for photographic works, audiovisual works, sound recordings, and performances endure for 50 years after the public release of the work.
    • The proviso of the preceding article shall apply mutatis mutandis to the preceding paragraph.
  • Article 35: All terms of duration specified in Articles 30 through 34 terminate as of the last day of the last year of the term.

Colombia

According to Article 21 and following the Colombia Law 23 of 1982, modified on Law 44 of 1993, the rights of the author expire 80 years after the death of the author (or the death of the last coauthor). Should the rights of the author have been transferred by means of an act between living persons, the protection period remains 80 years after the death of the author. The right of the author for some collective works and anonymous works expires 80 years from the date of publication, and, for cinematic works, 80 years after the movie's premiere (end of production).

Literary, scientific, and artistic works whose title holder is a corporate body, an official entity, or any public institution, the period of protection is 50 years.

In the above cases, protection ends on December 31 of the corresponding year.

Congo (Republic of)

Copyright in the Republic of Congo is governed by the Law on Copyright and Neighboring Rights, enacted 1982. Copyright is protected for 50 years after the death of the author (Art. 61) or last surviving author (Art 62), or 50 years after the publication of an anonymous or pseudonymous work (Art 63). Photographs are protected 25 years from creation (Art 65), and cinematographic works for 50 years from creation (Art 64). "Decisions of courts or of administrative bodies and official translations thereof" are not eligible for copyright protection.

Costa Rica

Copyright lasts for 70 years after the death of the author (see en:List of countries' copyright length).

Czech Republic

According to the Czech Copyright Law [13], §3 a) there is no copyright on official works, such as legal acts, public documents including those in preparation, documents published by the House of Representatives and Senate, state symbols (flags, coats of arms, anthems) of countries and administrative subdivisions, municipal chronicles and any other works whose exclusion from copyright protection is in public interest.

Freedom of panorama: Works permanently displayed in public area (square, street, park, public road or another public space) can be freely recorded through drawing, painting, photograph or movie, but not through three-dimensional models. Author of the derivative work should only mention the author and name of the original work, if possible (§33).

In line with EU Copyright Directive, authors are entitled to royalties for usage of their works during their lifetime and 70 years after their death (§27). Performing artists (e.g. actors, musicians, dancers) are entitled to royalties for 50 years after publishing of their performance (§73). (All terms are computed from January 1 of the year following the respective event.)

Danzig Free State (1920–1939)

German law as amended to 1910 was applicaple, thus licences will in most cases be {{PD-old-70}} and {{anonymous work}} (50 years after publication, Berne Convention).

Democratic Republic of the Congo (DRC)

The DRC copyright law of 1986 (Protection des droits d’auteur et droits voisins) states that photographs enter the public domain 25 years after they are first published (Article 77). Non-photographic work enter the public domain when the author has died more than 50 years ago (Article 74), or, for anonymous or pseudonymous works, when they were published more than 50 years ago (Article 76).

As for government works, "official acts of authority" ("actes officiels de l’autorité") are ineligible for copyright protection. All other government publications are copyrighted.

Denmark

According to Danish law, Consolidated Act on Copyright 2003 (Copyright law. Consolidation Act No. 202 of 02.27.2010(Copyright Act) might be of some help - Danish and English), the copyright on "photographic images" expire 50 years after the image's creation. However, for "photographic works" the copyright expires 70 years after the death of the author. The definition of a photographic work, as opposed to image is not precisely defined. In general a work is considered to have to display some form of originality or other special artistic properties. Simple snap-shots do not qualify as works. Interpretation is highly subjective. There is some debate as to whether all works by a professional photographer constitute works as opposed to simple images.

Djibouti

System-search.svg See also: Template:PD-Djibouti

In chapter 5 of the 1996 law copyright law n°114/AN/96/3e L (in French), copyright expired 25 years after author's death (art. 59). In the case of photographs and applied art works, copyright expired 25 years after the work is created (art. 63). In the case of cinematographic works, copyright expired 25 years after the work is created or released (art. 62). In 2006 a new law was passed (copyright law n°154/AN/06/5ème L (in French), which non-retroactively increased the term to 50 years after the author's death (art. 12), and increased the term for cinematographic works to 50 years from publication (art. 15). The term for photographs and applied art remains at 25 years from creation (art. 16).

Ecuador

  • Copyright expires 70 years after death of copyright owner. For more information see here

Egypt

Egyptian law states that photos, paintings, and drawing are protected for 25 years starting from the publication date, after which they are in public domain.

Per Article 167, audio recordings are in copyright for 50 years after publication.

Eritrea

Per articles 1648 et seq. of the Provisional Code of Eritrea of 1993, copyright lasts during the author's life, or 50 years from publication, whichever is later. Photographs (per article 1662) are only protected if they are printed in a book or are part of a collection, or if they bear the name and address of the author or their agent.

Estonia

According to the Republic of Estonia Copyright law Public sources: Copyright does not apply to works of folklore, legislation and administrative documents, court decisions and official translations thereof; official symbols of the state and insignia of organisations. Copyright does not apply to reproduction of work by libraries, archives or museums.

It is permitted, without the authorization of the author and without payment of remuneration, to reproduce works of architecture, works of visual art, works of applied art or photographic works which are permanently located in places open to the public by any means except for mechanical contact copying, and to communicate such reproductions of works to the public except if the work is the main subject of the reproduction and it is intended to be used for direct commercial purposes. If the work specified carries the name of its author, it shall be indicated in communicating the reproduction to the public.

Ethiopia

Works first published in Ethiopia and is now in the public domain because its copyright protection has expired by virtue of the Proclamation No. 410/2004 on Copyright and Neighboring Rights Protection, enacted 2004. The work meets one of the following criteria:

  • It is an anonymous, pseudonymous or posthumous work and 50 years have passed since the date of its publication
  • It is an collective or audiovisual work and 50 years have passed since the date of its publication
  • It is a photographic work, and 25 years have passed since the date of its creation (or publication, whatever date is the latest)
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is "any official text of a legislative, administrative or of legal nature, as well as official translations thereof"

Finland

The Finnish Copyright Act

– current version in Finnish
– current version in Swedish
– an unofficial translation in English published by the Finnish Ministry of Justice (a pdf file)

Works of art

Copyright subsists until seventy (70) years have elapsed from the year of the author's death or, in the case of a work having two or more authors whose contributions do not constitute independent works, from the year of death of the last surviving author. Copyright in a cinematographic work subsists until seventy years have elapsed from the year of the death of the last of the following to survive: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic work. (Section 43 of the Copyright Act)

The copyright in a work that is made public without mention of the author's name or generally known pseudonym or pen name subsists until the end of the seventieth (70) year after the year in which the work was made public. If the work is published in parts, the duration of copyright shall be calculated separately for each part. (§ 44.1) However, if the identity of the author is disclosed during this period, the copyright subsists according to the general principle (70 years from the year of the author's death). (§ 44.2) The copyright in a work that is not made public and whose author is unknown, subsists until seventy years have elapsed from the year in which the work was created. (§ 44.3)

Anyone who for the first time publishes or makes public a previously unpublished work or a work not made public, which has been protected under Finnish law and the protection of which has expired, shall obtain a right in the work as provided in section 2 of the Copyright Act. The right shall subsist until twenty-five years have elapsed from the year in which the work was published or made public. (Section 44 a)

Photographs that are not works of art

According to the Act copyright expires for such photographs as are not considered "works of art" 50 years after the photograph was made (Section 49a of the Act). Photographs considered to be "works of art" are protected normally for 70 years after the death of the works creator (Section 43).

The difference between a photograph and a photographic work of art is not precisely defined. To qualify as a work of art, the photograph must express personal vision such that no other person can be expected to have produced a similar image. As an example, the (legally not binding) statement by the Finnish Copyright Council 2003:6 states that this photograph of Paavo Nurmi "-- is, despite its historical importance, a regular photograph of contemporary events. The photograph does not demonstrate original and personal contribution on the part of the photographer and so it cannot be regarded as -- a photographic work." See partial English translation.

An amendment to the Copyright Act (1991) extended the copyright time from 25 years (according to the 1961 copyright law) to 50 years. However, material already released to public domain according to the 1961 law remain in public domain and therefore all photographs (but not photographic works of art) released before 1966 are in the public domain.

Photographs featuring works of art exhibited in public spaces can only be used for non-commercial purposes other than in certain contexts (similar to "fair use"), unless it is clear that the work is not the main subject in the photo (freedom of panorama). Taking photographs of buildings is explicitly allowed, but photographing single, private homes or yards may be illegal based on privacy laws.

Photographs of people

The law regarding images of living people is unclear and the advice below is mostly deduced from recommendations, case law and legal literature.

Photos of people who are of public interest (famous politicians, artists, sportsmen) and who are carrying out their public duties or going about their usual work may be published without consent. In case of politicians, public officials and important persons in economical life, photos of private life may also be published in certain cases, where the information is important for their role and for public interest.

Photos of regular people in public places may only be published without their consent if the person is clearly not the main subject of the image and the picture does not cause damage, suffering or despise to the person in the picture. Photographs of public events or regular life in the streets should be unproblematic.

However, if the person can be identified, the image may not be used in advertisement (commercially or non-commercially) without consent. Even when a person is not clearly identifiable, using a picture with the person as the main subject may require their consent. The images should be marked with {{personality rights}} as the uploader may be held responsible for allowing such use.

Coats of arms

The textual representations of Finnish coat of arms of municipalities, regions and provinces are considered to be governmental decisions and therefore they are not protected by copyright. According to the opinions of the Finnish Copyright Council 1997:11 and 1998:5 even the graphical representation is thought (at least in these cases) not to be protected by copyright. In the former case also the graphical representations were part of the decisions of the municipalities (whether they could be considered works of art was thought to be irrelevant), in the latter the alterations made did not meet the requirements for an original work of art. Neither are the coats of arms of historical provinces and other historical coats of arms protected by copyright (if there has been any copyright, it has expired).

France

The relevant laws are in the first book of the Code of Intellectual Property, or CPI (English version). The code includes dispositions transposed from the 1993 European directive on Copyright. France also enforces the Berne Convention.

The normal duration of copyright is 70 years following the end of the year of death of the author (or the death of the last author for multiple authors); if the work is anonymous, pseudonymous or collective, it is 70 years following the end of the year of publication of the work (unless the authors named themselves). This applies only if publication occurs within 70 years of creation (see Article L132-3).

See below for important extensions to copyright.

Images from public sites

Note that French government services often use professional photographers who are not government employees to make official photographs. These photographers then typically sell an usage right to the government. In such circumstances, the government does not own the copyright to the photograph, and thus could not give us a license to use it even if it wanted to.

The rules for protection of works by the government are somewhat fuzzy, and one should assume by default that anything from a government entity is copyrighted. One should refer to:

Laws, decrees, court decisions and other similar government texts (but not the translations or commentaries thereof), possibly found on Légifrance, are in the public domain. This seems acknowledged by Légifrance's copyright terms.

Unless you really know what you're doing, please abstain from copying photos from French government sites to Commons. Thanks.

Wartime copyright extensions

On February 27, 2007, the Court of Cassation, supreme jurisdiction, first civil chamber, ruled in the Hazan case (arrêt n° 280 du 27 février 2007) that articles L123-8 and L123-9, extending the duration of protection to compensate for wartimes, were not applicable to works for which an extended protection period (beyond 70 years) had not started to elapse on July 1, 1995.[14][15]. The judgment regarding Giovanni Boldini's work was broke too, by the same court : [16].

In practice, only subsist extensions for authors "Mort pour la France", but even this is subject to debate.

Previously, French law granted extensions to copyright because of the World Wars (see CPI L123-8 and following). The extensions were:

  • 6 years and 152 days for World War I
  • 8 years and 120 days for World War II
  • 30 years for people who died for France ; this includes, for instance, Alain-Fournier (1 January 1915 +50+30+6+8 years +152+120 days = 30 September 2009), Antoine de Saint-Exupéry and Jehan Alain.

Several extensions were added together.

It was previously assumed that the European directive on copyright did not necessarily suppress these extensions:

Article 10 - Where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term of protection in that Member State.

According to the French Ministry of Culture, the legal status of these extensions, adopted when copyright was 50 years after death, was unclear in the context of the new 70-year law; the Ministry called for erring on the side of caution and assuming they are valid. [17]

It was also assumed that copyright holders do try to enforce these extensions. In 2005, right holders demanded payment for a movie where a character whistled The Internationale, whose author died in 1932. (See also Template:PD-Internationale for further information.) On the other hand, the Paris Appeal Court ruled against applying the extensions in 2004 [18], but on 12 October 2005, another section of the same court applied the extension so that the works of the painter Giovanni Boldini who died in 1931 will not enter the public domain before late 2016 [19].

Works of arts, including architecture, exhibited in public spaces

The architect of a notable building owns copyright over the representations of that building, including postcards and photographs. For instance, the architect of the pyramid in the courtyard of the Louvre Museum may claim copyright over images of the pyramid. This, for instance, extends to the designer of lighting systems; for instance, the company operating the Eiffel Tower claims copyright of images of the tower when lighted at night.

However, ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza:

Because the Court has noticed that, as it was shown in the incriminated images, the works of Mr X... and Z... blended into the architectural ensemble of the Terreaŭx plaza, of which it was a mere element, the appeals court correctly deduced that this presentation of the litigious work was accessory to the topic depicted, which was the representation of the plaza, so that the image did not constitute a communication of the litigious work to the public

The court draws a distinction between depictions of a work of art, and depictions of whole settings of which the work of art is a mere part, and denies the right of the artist over such images.

While architects may have rights to works derived from their work of art, this is not the case of the owners of works of art or buildings, in general. The summary of the conclusions of a May 7, 2004 ruling by the Court of Cassation was:

The owner of a thing does not have an exclusive right over the image of this thing; he or she can however oppose the usage of this image by a third party if this usage results in an abnormal disturbance to him or her."

In this decision, the court excluded that the owner of a hotel, who had made extensive repairs and enhancements to the buildings at high costs, could claim exclusive rights to the image of that hotel: merely demonstrating that the costs supported did not demonstrate that the publishing of images was an abnormal disturbance.

The Court already ruled on June 5, 2003, that the right of property comprised absolutely no right to the image of this property. However, they also upheld the right to privacy of the homeowners: in this case, not only a photograph of a house was published, but also its exact location and the name of the owners. Earlier rulings (May 2, 2001) similarly rejected requests based on ownership without a justification of an abnormal disturbance.

Germany

Freedom of panorama

Objects permanently located in public that can be photographed from public (accessible) grounds, without devices such as a ladder, can be used by its photographer for any purpose, regardless of whether they display an artwork/building or not. This right is called Panoramafreiheit (freedom of panorama). However in some circumstances certain modifications (but not usage) of the image can be prohibited by the copyright owner of the object (artist or architect) if the copyright of that object has not expired. A notable exception from freedom of panorama was the wrapped German Reichstag by the artists Christo and Jeanne-Claude since it was from the beginning not a permanent installation.

There are some cases (e.g. images of sculptures by living artists displayed in public) in which there is a discussion on whether they are acceptable on Commons in the future. (See discussion). When in doubt, German Wikipedia might be a better choice for upload.

Official works

By German law, documents are in the public domain (gemeinfrei) if they have been published as part of a law or official decree or edict, or if they have been released as an official announcement or for public information. The relevant law is section 5 of the UrhG. The first and most important sentence states:

Gesetze, Verordnungen, amtliche Erlasse und Bekanntmachungen sowie Entscheidungen und amtlich verfaßte Leitsätze zu Entscheidungen genießen keinen urheberrechtlichen Schutz.

For more information about German copyright laws, see the meta-page Wikipedia:Bildrechte on the German Wikipedia.

Greece

The terms of WIPO copyright treaty have been introduced with Law 3184/2003. See also [20] for the full text. The economic right on works created by employees (under any work relation) of the Government or a legal entity of public law (greek: Ν.Π.Δ.Δ.) in execution of their duties is transferred to the employer, unless provided otherwise by contract. (Law 2557/1997, Part 8.17)

Duration of copyright protection

According to Law 2557 published in December 1997 (article 8, paragraphs 5, 6 and 7), the duration of the copyright was extended to 70 years after the death of the creator, or 70 years after the date of publication for anonymous and pseudonymous works. After the expiry of the period of copyright protection, the State, represented by the Minister of Culture, may exercise the rights relating to the acknowledgment of the author’s paternity and the rights relating to the protection of the integrity of the work deriving from the moral rights. This clause may prevent the creation of certain types of derivative work, even after the copyright has expired, as the State has the right to prohibit any distortion, mutilation or other modification of the original work. A publisher of an unpublished work, for which the economic right has expired, has a 25-year publication right starting from the date of publication. Typesetting and pagination of a printed work is protected for 50 years after publication.

Exemptions from copyright

There are a few exemptions from copyright, defined in earlier Law 2121/1993, Part 2. Those which may apply to the content of Wikipedia and Wikimedia Commons are:

  • Official state, government and judicial texts: Laws, decrees, administrative decisions and circulars, proceedings and decisions of courts of justice etc. It is not clear if pictures of postage stamps (pre 1970), revenue stamps and currency (coins only) are covered by this clause.
  • Expressions of popular tradition (folklore), current news items and simple facts and data.

Monuments & antiquities

Photography of ancient monuments and antiquites is allowed only for personal use. The Greek Government requires payment of a fee for publishing images of monuments and antiquities and claims copyright on them. This is specified in a Ministerial Decision published in Governmet Gazette issue B-1491/2005-10-27, pragraph 2.1.5. However, such images are still acceptable on Commons, see Commons:Image_casebook#Museum_and_interior_photography.

Hungary

According to the Hungarian Copyright Act (Act No. LXXVI of 1999 on copyright) (consolidated text as of 6 September 2010(2010-09-06)):

  • Copyrightable works. A work is in the public domain in the following cases:
    • Published works by known authors. Seventy years have passed since 1 January of the year following the year in which the author died (or, if there were joint authors, the year in which the author dying last died): Articles 31(1) and (2).
    • Published works by unknown authors, and collective works. Seventy years have passed since 1 January of the year following the year in which the work was first disclosed: Articles 31(3) and (5). (In the case of a work by an unknown author, if the author becomes known during this time the preceding paragraph applies.)
    • Unpublished works by unknown authors. Seventy years have passed since the creation of the work: Article 31(7). However, after this period has passed, a person who legally discloses the work enjoys a publication right in respect of it, and is entitled to the copyright of the work for 25 years from 1 January of the year following the year in which the work was first disclosed: Article 32.
  • Non-protected works. The following works do not enjoy copyright protection:
    • Official works. Provisions of law, other legal instruments of state administration, judicial and authority decisions, authority or other official announcements and documents, and standards and other like provisions made obligatory by legislative acts: Article 1(4).
    • Facts and daily news. Facts and daily news that serve as a basis for press information: Article 1(5).
    • Ideas, principles, etc. Ideas, principles, concepts, procedures, methods of operation and mathematical operations: Article 1(6).
    • Folklore. Expression of folklore: Article 1(7). (Note, however, that works of an individual and original nature that are inspired by folk art are subject to copyright.)
  • Freedom of panorama. There is freedom of panorama for fine art, applied art and architecture erected with a permanent character outdoors in a public place: Article 68(1).

Images of people require their consent, except for public performances: Civil Code (Act No. IV of 1959), section 80.

Iceland

According to the Copyright Act No. 73 of May 29, 1972, as last amended by Act No. 97 of 30 June 2006:

  • Copyrightable works.
    • Authors' works (except cinematographic works). Copyright in an author's work expires 70 years after the end of the year in which the author died, or, in the case of a jointly authored work, in which the last surviving author died: Article 43.
    • Cinematographic works. Copyright in a cinematographic work expires 70 years after the end of the year in which the last survivor of the following persons died:
      • the principal directors;
      • the authors of the manuscript (including the authors of the dialogue); and
      • the composers, if the music was composed specially for the cinematographic work: Article 43.
    • Photographs that are not artistic works. 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: Article 49.
    • Anonymous works.
      • 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. 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: Article 44. A work is regarded as having been presented if it has been performed with authorization or shown publicly, or if copies of it have been published (that is, offered for sale, loan or rental or otherwise distributed to the public in appreciable quantity with proper authorization): Article 2.
      • 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: Article 44a. A work is regarded as having been publicly presented if performed or shown at a workplace employing ten or more people: Article 2.
    • Recordings of performances. 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: Article 45.
    • Audio and video recordings. 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: Article 46.
  • Non-copyrighted works.
    • Government works. Acts, regulations, administrative provisions, court rulings and similar official documents, as well as official translation of such documents, are not copyrighted: Article 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": Article 22.
  • Freedom of panorama. A limited form of freedom of panorama which is not free enough for the Commons exists. Buildings and works of art permanently situated outdoors in public locations may be photographed, but only for non-commercial purposes. If such works are the "principal motif" of photographs which are used for marketing purposes, the authors of the works are entitled to payment unless the photographs are for a newspaper or for television broadcasting: Article 16.

India

According to the Copyright Act 1957 (as amended):

  • Photographs, films, sound recordings, government works, works of public undertakings and works of international organizations. The following works enter the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work was published: sections 25–29.
    • Photographs. Photographs published before 1941 entered public domain 50 years after publishing, before the URAA date, and copyright was not restored.
    • Cinematograph films.
    • Sound recordings.
    • Works that the Government is the first owner of. (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: section 2(k).)
    • Works that a public undertaking is the first owner of. (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: section 17(dd).)
    • Works of international organizations.
  • Works (other than photographs) by known authors published during their lifetimes. A literary, dramatic, musical or artistic work (other than a photograph) published within the author's lifetime enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the author died or, where the work is of joint authorship, the author dying last died: section 22. Works by authors who died before 1941 entered public domain after 50 years and copyright has not been restored.
  • Published works (other than photographs) by unknown authors. A literary, dramatic, musical or artistic work (other than a photograph) published anonymously or pseudonymously enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work was first published. However, if the identity of the author is disclosed within this period, the preceding paragraph applies: section 23.
  • Works by known authors published posthumously. A literary, dramatic or musical work or an engraving not published before the author's death or, where the work is of joint authorship, the death of the author dying last, enters the public domain when 60 years have passed from 1 January of the calendar year following the year in which the work or an adaptation of that work was first published: section 24(1). In this context, a literary, dramatic or musical work has been "published" if it has been performed in public or records of the work have been sold or offered for sale to the public: section 24(2).
  • Freedom of panorama. There is no infringement of copyright when one makes or publishes a painting, drawing, engraving or photograph of:
    • a work of architecture or the display of a work of architecture (section 52(s)); and
    • a sculpture or a work of artistic craftsmanship permanently situated in a public place or any premises to which the public has access (section 52(t)). (Work of artistic craftsmanship in this context does not include paintings, drawings, engravings or photographs: section 52(t) read with section 2(c)(iii) (definition of artistic work).)

Note: For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public. (Page 5 of Copyright Act 1957)

Indonesia

Indonesian copyright law is inherited from the Netherlands and retains the same distinction between works with "no copyright" (Tidak ada Hak Cipta) and works that may be used without "infringement of Copyright" (Tidak dianggap sebagai pelanggaran Hak Cipta). According Article 13 of the Indonesian Copyright Act No. 19, 2002 (in Indonesian), the following works have no copyright:

a. any result of open meetings of state institutions;
b. laws and regulations;
c. state addresses or government official speeches;
d. court decisions and judicial orders; or
e. decisions of arbitration boards or of other similar agencies.

In addition, the duration of copyright is defined as follows:

Article 29: Copyright of books, pamphlets, and all written works; plays and musicals, dance and choreography; all forms of three-dimensional art such as paintings and sculpture; batik; songs and music with or without lyrics; architecture; speeches, lectures, speeches and similar works; display materials; maps and translations interpretations, adaptations and anthologies lasts for the life of the author and for 50 (fifty) years after the author dies.
Article 30 (1): Copyright of software, cinematography, photography, databases and engineering products lasts for 50 years after the initial publication of the work.
Article 30 (3): The Copyright on works ... which are owned or held by a legal body, shall be valid for 50 (fifty) years as of from the first publication.

Both classes of works are in the public domain and may be tagged with {{PD-Indonesia}}. In addition, Article 14 states that the following classes of works may be used without infringement of copyright:

a. publication and/or reproduction of the symbol of the State and the national anthem in accordance with their original nature;
b. 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; or
c. repetition, either in whole or in part, of news from a news agency, broadcasting organization, and newspaper or any other resources, provided that the source thereof shall be fully cited.

There are no restrictions on commercial use, and Article 1 (6) defines "reproduction" as "to increase the number of a Work, either as a whole or its substantial parts using either the same or different material, including the changing of the form or mode of a work permanently or temporarily", thus allowing derivative works. These may be uploaded to Commons and tagged with {{PD-IDGov}} template.

Note: Article 15 defines additional classes of works that may be reused with conditions or only for specific purposes (eg. "for the purposes of advocacy", "solely for education and science", "unless such reproduction is of a commercial purpose"). These works do not qualify as free content and may not be used on Commons.

Iran

According to the "Law for the Protection of Authors, Composers and Artist Rights" (January 12, 1970) for many works (Article 2), such as designs and paintings, maps, audio and musical works, books, architectural works, the work is in the public domain 50 years (Reformation of article 12 - 22 August 2010) after the death of its author(s), reformation of article 12 only applies to the works that were still in protection when the law passed on 22 August 2010. the old law (1970) (Life + 30 years) apply to the works that their copyright expired before 22 August 2010, in the case of works of joint authorship (only sculptures, of all types) copyright term should be calculated from death of the last surviving author. (See also: Iranian calendar)

Also, in the following cases works fall into public domain after 30 years from the date of publication or public presentation: (Article 16)

1. Photographic or cinematographic works.
2. In cases where the work belongs to a legal personality or rights are transferred to a legal personality.

Iraq

Iraq's copyright law from 1971 protected most works for 25 years from the date of death; snapshot photos were protected for five years from publication and corporate/government works were copyrighted 30 years from publication. (See here for the 1971 law text and the later amendment in English, and here for the original law in Arabic).

In 2004, the CPA non-retroactively amended the law such that the economic rights of author is protected for lifetime of the author and for 50 years from the date of his death, with no exception for simple photographs; corporate/government works are now protected for 50 years from publication.(ART 20).

Also, the economic rights relating to the authors of collective works, other than authors of works of applied art, shall be protected for 50 years from the date on which the work was published or made available to the public for the first time.

Works which had expired under the previous law remain public domain.

There is one claim that the 2004 amendment has not yet been implemented.[21]

Ireland

According to section 24 of the Copyright and Related Rights Act, 2000, all literary, dramatic, musical or artistic works enter the public domain after seventy years counted from the beginning of the following calendar year (i.e. as of 2008, prior to 1938-01-01) after either the death of the author, or, if the author is unknown or pseudonymous, the date of publication.

Israel

According to the Israeli Copyright act, 2007, article 38, works are protected until 70 years after their author's death. Pictures are protected until 70 years after their photographer's death, unless the pictures were taken before May 1st. 2008 - in which case the pictures are protected for 50 years from the day the picture was taken, unless the pictures were taken by a public authority (a government authority) in which case the pictures are protected for 50 years from the day of publication.

Freedom of Panorama applies; please see Commons:Freedom of panorama#Israel for details and a marker template which should be used on the file's page if a file is using Freedom of Panorama.

Italy

Generally, 70 years after the author's death, but with a few exceptions:

  • {{PD-Italy}}: Italian copyright law provides for a shorter term for "non-artistic" photographs, that is 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.
  • {{PD-Italy-audio}}: For audio recordings created and published in Italy at least 50 years ago, of a work which is itself in the public domain, are in the public domain. Article 75 of Italian copyright law treats audio recordings as a special case.
  • The theory that a 70 year rule applies to works of the Italian government is unproven and disputed. See Commons:Deletion requests/Category:PD Italy.

In Italy there are restrictions on photography of ancient monuments and antiquities, see {{Soprintendenza}} and COM:FOP#Italy.

Jamaica

According to the copyright act of Jamaica copyright expires:

  • 50 years after the death of the author
  • 50 years after publication if the author could not be determined.

Japan

According to the Japanese Copyright Act, copyright subsists for the life of the author plus 50 years (Article 51). If the work is anonymous or pseudonymous, the copyright lasts for 50 years after the publication or the death of the author, whichever is the earlier (Article 52). The copyright of a work in the name of an organization expires 50 years after publication, or 50 years after the creation if the work is not published within 50 years after creation (Article 53). Since June 18, 2003, cinematographic works are exceptionally protected for 70 years, instead of 50 years, after the publication, or 70 years after the creation if the film is not published within 70 years of the creation (Article 54).

For audio recordings, the term is 50 years after publication (per Chapter IV, Section 6, Article 110).

However, all movies produced in Japan prior to 1953 and directed by a person who died more than 38 years ago are in the public domain. See template {{PD-Japan-film}} for details.

Works corresponding to the following are not eligible for copyright (Article 13).

  1. the Constitution and other laws and regulations;
  2. public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies ... or local incorporated administrative agencies ...;
  3. judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature;
  4. translations and compilations prepared by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.

Copyright protection for photographs published on or before December 31, 1956 has been ended, whether the author is alive or not.

It should be noted that the term of protection for works from 1970 or before is the longer of the term under the old Copyright Act and that under the current Copyright Act. This provision especially affects the copyright status of cinematographic works.

Jordan

Jordanian Law states that photos and two dimensional artistic works are protected for 25 years starting from the end of the publication year, after which they are in public domain.

Kenya

Copyright protection exists during the life of the author and 50 years after his or her death for works other than photographs or 50 years after the first publication for photographs. [22]

Kosovo

Kosovo declared independence from Serbia on 17 February 2008. As at 18 November 2010, the declaration had been recognized by 72 countries. Not surprisingly, Serbia is not one of these countries, and continues to assert sovereignty and law-making power over Kosovo. Despite Kosovo having its own Assembly, ultimate responsibility for the administration of the territory lies with the Special Representative of the Secretary-General for Kosovo, who leads the United Nations Interim Administration Mission in Kosovo (UNMIK). UNMIK was established on 10 June 1999 by United Nations Security Council Resolution 1244.

(a) Official Records: a series of printed publications relating to the proceedings of organs or conferences of the United Nations. They include verbatim or summary records, documents or check-lists of documents, issued in the form of annexes to those records, including periodic supplements, such as the quarterly ones of the Security Council; and reports to those organs of their subordinate or affiliated bodies, compilations of resolutions, certain reports of the Secretary-General and other selected publications, which are issued in the form of supplements;
(b) United Nations documents: written material officially issued under a United Nations document symbol, regardless of the form of production, although, in practice, the term is applied mainly to material offset from typescript and issued under a masthead. The term also applies to written material issued simultaneously or sequentially in the form of documents and publications;
(c) Public information material: publications, periodicals, brochures, pamphlets, press releases, flyers, catalogues and other materials designed primarily to inform about United Nations activities. The term does not include public information that is offered for sale, which may be subject to copyright registration.
UNMIK documents of the above nature are therefore in the public domain.
  • Other works. According to the Law No. 2004/45 on Copyright and Related Rights adopted by the Assembly of Kosovo and issued by UNMIK:
    • Copyrightable works.
      • In general, copyright in a work expires 70 years from 1 January of the year following the year in which the author's death occurs: Law No. 2004/45, Articles 62.1 and 62.9. Where a work is produced by more than one author, the copyright expires 70 years from the death of the last surviving co-author: Article 62.4.
      • If a work is anonymous or pseudonymous, copyright expires 70 years from 1 January of the year following the year in which the work was lawfully disclosed: Law No. 2004/45, Articles 62.2 and 62.9. A work is not considered as pseudonymous if the pseudonym leaves no doubt as to the identity of the author, or the author's identity is disclosed within 70 years from 1 January of the year following the year of his or her death: Articles 62.3 and 62.9.
      • In the case of a collective work, copyright expires 70 years from 1 January of the year following the year in which the work is lawfully disclosed: Law No. 2004/45, Articles 62.5 and 62.9.
      • When a term of protection does not run from the author's death and the work was not lawfully disclosed, copyright expires 70 years from 1 January of the year following the year in which it was created: Law No. 2004/45, Article 62.6.
    • Non-protected creations. The following works do not have copyright protection and are thus in the public domain (Law No. 2004/45, Article 12):
      • Ideas, principles, instructions, procedures, discoveries and mathematical concepts per se.
      • Official laws, rules and other regulations.
      • Official material and publications of parliamentary, governmental and other organizations with powers of public office.
      • Official translations of regulations and other official materials, as well as international agreements and other instruments.
      • Applications and other acts in administrative and court procedures.
      • Official materials published for the information of the public.
      • Expressions of folklore.
      • News of the day and various information which have the character of usual press reports.
    • Freedom of panorama. Only a limited form of freedom of panorama exists in Kosovo. Works permanently placed in public streets, squares, parks or other generally accessible public places may be used freely. However, they may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for direct or indirect economic gain: Law No. 2004/45, Article 54. Because of the restriction against the use of derivative works for economic gain, photographs relying on the limited freedom of panorama in Kosovo cannot be uploaded to the Commons.

Kuwait

Kuwaiti Law states that photos, films and two dimensional artistic works are protected for 50 years starting from the end of the publication year, after which they are in public domain.

Laos

According to the Lao People's Democratic Republic's Intellectual Property Laws No. 08/NA of December 24, 2007, in force on April 14, 2008:

  • Copyrightable works.
    • Works by identified individuals. The copyright in a work by an identified individual author expires 50 years from the date of the author's death or, if the work is by joint authors, the date of the last surviving author's death: section 93(1).
    • Works by pseudonymous individuals. The copyright in a work by a pseudonymous author expires 50 years after the work was created. If the identity of the author of such a work becomes known, the preceding paragraph applies: section 93(2).
    • Works by organizations. The copyright in an unpublished work by an organization expires 50 years after the work was created. If the work is published, the copyright expires 50 years from the date of first publication: section 93(2). (Note: because the English translation of the law is unclear, it is uncertain whether the last sentence applies only to works by organizations or to all works. In line with the precautionary principle, this guideline has been drawn up to maximize rather than minimize authors' copyrights.)
  • Artistic works and folklore. The term artistic works and folklore is defined as, among other things, compilations of creations based on the traditions of communities or groups of people reflecting the ways of life of such communities, and includes (1) folktales, rhymes, mottoes and proverbs; (2) folk songs, native vocals and native music; (3) native choreography, music, ceremonies and competitions; and (4) musical instruments, paintings, drawings, coloured pictures, engravings and architectural designs created with any native materials. Artistic works and folklore may be used so long as the source is stated and the original value of such works is preserved.
  • Non-protected works. The following works are not eligible for copyright protection (section 76):
    • Information characterized as news.
    • Any juristic acts, administrative rules, judicial documents and official translations.
    • Procedures, systems, practicing methods, definitions, principles and statistics.
  • Freedom of panorama. There is a limited form of freedom of panorama in Laos which may not be sufficiently free for purposes of the Wikimedia Commons. On the one hand, works of fine art, photographs, reports and adapted arts for presentation to the public may be photographed or video-recorded without authorization from copyright owners and without the payment of remuneration: sections 96(1) and 96(1.8). On the other hand, the reuse of the photographs and video-recordings is restricted in the following ways: (1) the reuse must not prejudice the rights or normal benefits of the owner of the works; and (2) the derivative works cannot be used in architectural works, works of fine art or computer programs: sections 96(2) and (3).

Lebanon

Lebanese copyright law from 1999 states that works are protected for 50 years after the author's death (#49) and 50 years after publication for anonymous work (#52). Moral rights are perpetual.

Libya

According to the Copyright Protection Law of Libya (Libyan Law No. (9) for 1968), a work is copyrighted if:

  • the author is a Libyan national, whether the work is published, acted or presented for the first time in Libya or in a foreign country;
  • the author is a foreign national but the work is published, acted or presented for the first time in Libya; and
  • the author is a foreign national and the work is published, acted or presented for the first time in a foreign country, if the law of that country provides protection for Libyan authors for their works published, acted or presented for the first time in Libya: Article 50.
  • Copyrightable works
    • Works by identified individuals published in author's lifetime. The copyright in a work by an identified individual author published in the author's lifetime expires either 50 years from the date of first publication of the work, or 25 years after the death of the author if this is longer. If a work is created by more than one author, the period of protection is calculated from the date of death of the last surviving author: Article 20.
    • Works published after author's death. The copyright in a work first published after the author's death expires 50 years after the date of death: Article 22.
    • Works by anonymous or pseudonymous individuals. The copyright in a work by an anonymous or pseudonymous individual author expires 25 years from the date of first publication of the work. If the author's identity is revealed within this period, the first paragraph applies: Article 21.
    • Works by other legal entities. The copyright in a work by a public or private legal entity expires 30 years from the date of first publication of the work: Article 20.
    • Mere transmission of scenery in photographic and cinematic works. The copyrights in photographic and cinematic works amounting to the "mere mechanical transmission of scenery" expire five years from the date of first publication of the work: Article 20.
  • Privacy rights (Article 36).
    • A photographer may not show, publish or distribute a photograph unless the people depicted in the photograph have consented, unless the photograph is of a public event or of officials or persons enjoying public renown, or the public authorities have given permission for its publication for the general welfare. Notwithstanding the preceding, no photograph may be shown or circulated if doing so would result in detriment to the honour, reputation or social standing of the person depicted in the photograph.
    • On the other hand, a person depicted in an engraving, painting, photograph, sculpture or other portrait has the right to authorize its publication in magazines, newspapers and similar publications even if the photographer does not consent, unless there is an agreement to the contrary.
  • Non-protected works. The following works are not subject to copyright, if they are not characterized by innovation, arrangement or any other personal effort worthy of protection (Article 4):
    • A collection made up of various works such as verse, prose and music anthologies and other collections. However, each individual work making up the collection is copyrighted.
    • A collection of work that has become public property.
    • A collection of official documents such as texts of laws, decrees, regulations, international agreements, legal judgements and various official documents.
  • Freedom of panorama. Libyan law does not provide for freedom of panorama.

Lithuania

Article 34 and 35 state that the copyright lasts for 70 years after the death of the (last surviving, in case of co-authors) author. In case of anonymous and pseudonymous works the copyright lasts 70 years after publication (unless the author discloses his identity during this period). Article 36: If the work is first published after the expiration of copyrights the publisher enjoys 25 years protection after this publication.

A selection of not protected works (see Article 5): ideas; some administrative, legal or regulative texts (but apparently not all government works); state symbols (but may be otherwise protected); folklore works. See Article 4 for a list of protected works.

Since Lithuania is a post-Soviet state so also see section #Russia and former Soviet Union.

Macedonia, Republic of

Copyright in the Republic of Macedonia is governed by the Law on Alterations and Additions to the Law on Copyright and Related Rights adopted by the Assembly of the Republic of Macedonia on 24 December 2002(2002-12-24).

  • Copyright works. A work is a copyright work if it is, among other things, a written, musical, dramatic, photographic, cinematographic or architectural work. Works of fine art and of applied art and design; and cartographic works, plans, sketches, technical drawings, projects, tables, plastic works and similar works in the domains of geography, topography or architecture, or of some other scientific, educational, technical or artistic nature, are also copyright works: Article 3. For a work to enjoy copyright in the Republic of Macedonia, the author must be a citizen of that country or, if an organization, be headquartered in the country. Foreign authors enjoy the same rights if accorded such rights by international agreements ratified by the country or if the laws of their countries accord Macedonian citizens reciprocal rights: Article 171.
    • Identified author. The copyright in a work by an identified author expires 70 years from 1 January of the year after the year of the author's death: Article 44 read with Article 51. If the work is created by a number of co-authors, the copyright expires 70 years from 1 January of the year after the year in which the last surviving co-author dies: Articles 45 and 51.
    • Anonymous and pseudonymous works: The copyright in an anonymous work expires 70 years from 1 January of the year after the year in which the work is first disclosed to the public in a legal manner. The same rule applies to a pseudonymous work unless the true identity of the author is known, or the author discloses his or her identity within 70 years from 1 January of the year after the year in which the first legal disclosure of the work occurs, in which case the 70 p.m.a. rule applies: Articles 46 and 51. If an unpublished work is anonymous, or pseudonymous with the identity of the author unknown, the copyright in it expires 70 years from 1 January of the year after the year in which the work was created: Articles 48 and 51.
  • Freedom of panorama. Copyrighted works permanently exposed in parks, streets, squares or other public places may be used freely. However, one may not make a three-dimensional reproduction of a work and use it for the same purpose as the original work or to obtain an economic benefit: Article 39.
  • Official government texts. Official texts from the legislative, executive or judicial spheres of the Government and official published translations of such texts are in the public domain: Article 5.

Malaysia

According to The Copyright Act 1987 (English translation), copyright for most works subsists until 50 years after the death of the author. For films, sound recordings, unpublished works, anonymous works, or pseudonymous work, copyright subsists for 50 years after first publication.

According to article 11 works by the Government, Governmental Organizations and International organizations are subject to copyright until 50 years after publication (article 23). Text of laws, judicial opinions, and other government reports are free from copyright (article 3 - the definition of "literary work").

Malawi

According to the Malawian Copyright Act of 1989, the copyright terms of Malawi are as follows:

  • Photographic works: 25 years since the end of the year of first publication
  • Computer programs: 10 years since the end of the year in which it was first sold, leased, or licensed
  • Audio-visual work: 50 years since the end of the year in which it was first made available to the public
  • Other types of work:
    • Works by individual authors: 50 years since the end of the year of the author's death
    • Works by anonymous, corporate, or government authors: 50 years from the date of publication

Written laws, court decisions, and official reports published by the government are not eligible for copyright protection. Also, published or broadcast news of the day is not eligible for copyright protection.

Any expressions of Malawian folklore (such as folk tales, folk poetry, folk songs, folk dances, traditional costumes, etc.) are copyrighted by the government of Malawi in perpetuity.

See {{PD-Malawi}} for further information.

Mali

Copyright law in Mali is governed by Fixant le régime de la propriété littéraire et artistique en République du Mali, enacted in 2008. Copyright is protected for 70 years after the death of the author. Copyright does not apply to "official texts of legislative, administrative or judicial, or their official translations".

Mauritania

Mauritania does not have a copyright law [23], but Article 128 of some commerce law and article 401 of the penal code forbid reproducing copyrighted works.

Mexico

According to the Mexican law (See Art. 29: Ley federal del derecho de autor, critical commentary, in Spanish) a copyright subsists for the life of the author plus 100 years following the end of the calendar year of death of the last surviving author or the publication date in case of the federal, state or municipal governments. There is one exception: works that were already in the public domain before July 23, 2003. Generally speaking, that means works created by someone who had died before 1952 (30 years before the non-retroactive extension to 50pma was implemented on January 11, 1982; the extensions to 75pma on January 1, 1994 and 100pma in 2003 were also not retroactive).

For a brief guide to Mexican copyright law see User:Drini/Mexican copyright law. Also note works created by the Mexican government do not default to PD, they being protected 100 years after publishing (art. 29)

Monaco

The duration is fifty years, p.m.a. The Monaco Copyright law.

Mongolia

Under the Law of Mongolia on Copyright, protection of works first published in Mongolia expires:

  • 50 years after the death of the creator(s)
  • 75 years after publication for anonymous and pseudonymous works
  • 75 years after creation when created by a legal person (organisation, business, authority)
  • 25 years after creation for photographic works and works of applied art

Combining this in an optimal way with US regulations, works first published in Mongolia can be uploaded and tagged with {{PD-Mongolia}} in any of the following cases:

  • Any photographic image or other applied art created before 1972 (PD in Mongolia before 1997)
  • Any pseudonymous work if it was published more than 75 years ago (Mongolian law)
  • Any work by a legal person if it was created more than 75 years ago (Mongolian law) AND published before 1964 (US law, no renewal)
  • Any other work if the creator(s) died more than 50 years ago (Mongolian law) AND it was published before 1964 (US law, no renewal)

If we can show that the original publication was made without a copyright notice, then the 1964 limit moves ahead to 1989.

Moral rights (e.g. the right to be named as an author) cannot be transferred and don't expire.

Morocco

Moroccan law states that photos and films are protected for 50 years starting from the end of the publication year, after which they are in the public domain.

Mozambique

Mozambique's copyright law is defined by the Law No. 4/2001 of February 27, 2001. (Previous to this, Copyright was defined by the Code of Copyright Law No. 46,980 of April 27, 1966.)

Article 22(1) provides copyright protection for 70 years after the death of the author or last surviving author. Article 24(1) provides copyright protection for anonymous or pseudonymous works "for 70 years from the date on which the work is legally published for the first time." Article 5a exempts the following from copyright protection: "official texts of a legislative, administrative or judicial nature, or to official translations thereof".

Myanmar

See Burma, above.

Namibia

  • Photographs are protected 50 years from the end of the publication year, or from the end of the year it was made, if unpublished: copyright act 1994, §6 b
  • Literary or musical work, or an artistic work, other than a photograph are copyrighted "for a period of 50 years from the end of the year in which the author dies", if published: copyright act 1994, §6 a
  • Works made by or under the direction or control of the State are copyrighted: copyright act 1994, §5

Netherlands

Dutch laws and legal judgments are completely free of copyright (Article 11 of Dutch copyright law of 1912).

In principle all works communicated to the public by or on behalf of the public authorities (government) are not copyright protected in the Netherlands, unless the copyright has been reserved explicitly, either in a general manner by law, decree or ordinance, or in a specific case by a notice on the work itself or at the communication to the public. This is regulated in Article 15b of the Copyright Act of 1912. Entities like the Silicose Oud-mijnwerkers foundation can also be regarded as public authorities (AbRS 30 November 1995, JB 1995/337) and are not automatically copyright protected.

Works of individual authors enjoy copyright protection until 70 years after the 1st January following the author's death. The duration of the copyright belonging jointly to two or more persons in their capacity as co-authors of a work shall be calculated from 1 January of the year following the year of the death of the last surviving co-author. The copyright in a work of which the author has not been indicated or has not been indicated in such a way that his identity is beyond doubt shall, or a public institution, association, foundation or company is deemed the author, expires 70 years after 1 January of the year following that in which the work was first lawfully communicated to the public.

New Zealand

Literary, dramatic, musical or artistic works are protected for life plus 50 years under the Copyright Act of 1994. Sound recordings and films, broadcasts and cable programmes are protected for 50 years from the end of the calendar year in which they were made or broadcast to the public, whichever is later. Works of artistic craftsmanship industrially applied are protected for 25 years after being industrially applied. (Source: New Zealand Ministry for Economic Development)

Norway

Works are protected 70 years after author's death, or 70 years after publication if the author is unknown/anonymous. There is one exception: Photos that are not considered artistic works (i.e. snapshots) are protected until no less than 15 years after the photographer's death and no less than 50 years after publication.

Photos of works of art exhibited in public spaces can only be used for non-commercial purposes, unless it is clear that the work is not the main subject in the photo (freedom of panorama). There are no restrictions on photos of buildings.

Photos of people may not be published without their consent unless either a) the image illustrates a current event of interest the general public, or b) the person is clearly not the main subject of the image (i.e. passers-by may be included unless they fill an unreasonable amount of the image) or c) the image depicts a gathering, an outdoor parade or something which is of interest to the general public. This is part of the Copyright Act, and thus might affect the right to publish an image under a free license, as the person depicted retains the right to refuse use of the image.

There are no such thing as public domain, yet there are a similar notion of works that fall in the free. Exclusive rights will then cease to apply, but a form of moral rights (such as the right to attribution and integrity) still apply.

Texts of laws and decisions, reports and statements made and published by state or local authorities are not protected by copyright, but images used in such publications may be protected unless they were made specifically for the publication.

Recordings of performances are copy-protected for 50 years[5], after which time they may be used freely (the material of the performance may still be bound by copyright, however).

Norwegian currency is protected by copyright (see Commons:Currency#Norway).

Ottoman Empire

The Ottoman Empire was dissolved in 1923, therefore all works published there are currently in the public domain in the United States. The Ottoman Empire refused to recognize international copyright,[6] so works published there are not protected by copyright internationally. Ottoman official documents are also not protected since the diwans (which comprised a large variety of legal documents) were in the public domain in the Empire.[7]

A precise date of publication must be provided, especially if the image was published circa 1920. Photographs claiming PD status on the basis of Ottoman origin must have been published in the Ottoman Empire, not merely taken there. For works published in the Republic of Turkey, see Turkey.

Pakistan

According to Pakistani copyright laws, all photographs enter the public domain fifty years after they were created, and all non-photographic works enter the public domain fifty years after the death of the creator.

Paraguay

Paraguay passed a new copyright law in 1998. This law replaced any earlier legislation and was fully retroactive (see artcile 181). Works are copyrighted in Paraguay until 70 years after the death of the last surviving author (70 years p.m.a.; article 47), or for 70 years since the disclosure of an anonymous work. If the author of an anonymous work becomes known during these 70 years, 70 years p.m.a. applies (article 48). Copyright on collections, computer programs, audiovisual works, and broadcasts last for 70 years since the publication or completion of the work, but individual contributions are copyrighted to 70 years p.m.a. (article 49). Moral rights (attribution, integrity of the work) do not expire, and Paraguay has a domaine publique payant (i.e., for uses of public domain works, a fee must be paid top the state; see article 55).

Paraguay makes a distinction between photographic works and simple photographs. Any photograph that is not a "work" is copyrighted until 50 years after its creation (article 135). Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.16 of the 1998 law: "“work”, any original intellectual creation in the literary or artistic field".

Paraguay does have the "freedom of panorama", i.e., works permanently placed at public places (open-air only) may be freely reproduced by two-dimensional means such as photography, or filming (articles 39(4) and 41(4)).

The term for the neighbouring rights on performances, phonograms, and broadcasts is 50 years since the first performance, publication of the recording, or first broadcast.

Peru

The Peruvian copyright law of April 23, 1996, which entered in force on May 24, 1996, states in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law". It is unclear whether that also applies to works where previous shorter terms had already expired.

The 1996 law has a copyright term of 70 years p.m.a. (70 years since publication for anonymous/pseudonymous works, articles 52–56). Performers' neighboring rights also last until 70 years p.m.a. (article 135), for phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission (articles 139 and 142).

Note that any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time; article 143). Peru also has a publication right with a term of 10 years since the publication.

Simple photographs have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph (Art. 144), Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.

The Philippines

  • Literary and artistic works. Protected for fifty (50) years after the death of the author. (sec 213)
  • Works of joint authorship. Protected for fifty (50) years after the death of the last surviving author. (sec 213.2)
  • Anonymous or Pseudonymous works. Protected for fifty (50) years from the date on which the work was first lawfully published (sec. 213.3) except if the identity of the author(s) are revealed before expiration of protection, in which case sec 213 and 213.2 applies.
  • Applied art. Protected for twenty-five (25) years from date of making. (sec 213.4)
  • Photographs and audio-visual works. Protected for fifty (50) years from publication. In case of unpublished works, protected for fifty (50) years from date of making. (sec 213.5, 213.6)
  • Sound or Image and Sound recordings. Protected for fifty (50) years from the end of the year in which the recording took place. (sec 215)
  • Broadcasts. Protected for twenty (20) years from the date the broadcast took place. (sec 215.2)
  • Works by the government of the Philippines are not protected by copyright. However, prior approval of the government agency or office wherein the work was created is necessary for exploitation of such works for profit. (sec 171.11 and 176)
"SEC. 176. Works of the Government. – 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character."
(Republic Act 8293)

Poland

According to the Art.3 of copyright law of March 29, 1926 (valid until 1952) and Art. 2 of copyright law of July 10, 1952 of the People's Republic of Poland, all photographs by Polish photographers (or published for the first time in Poland or simultaneously in Poland and abroad) printed without a clear copyright notice before the law was changed on May 23, 1994 are public domain. Status of those photographs did not change after Polish Copyright Law of February 4, 1994 was enacted. (See: Template:PD-Polish)

According to the Polish Copyright Law of February 4, 1994 (Article 4, case 2) "governmental symbols, documents, materials and signs are not subject to copyrights". However in some instances the use of this image in Poland might be regulated by other laws. It is being debated if postage stamps and banknotes fall into this category. (See: Template:PD-Polishsymbol)

According to the Art.21 of copyright law of March 29, 1926 (valid until 1952) photographs lose copyright protection ten years after picture was taken. Series of scientific or artistic pictures lose copyright protection after 50 years. According to Art. 27 of copyright law of July 10, 1952 (valid until May 23, 1994) photographs and series of photographs lose copyright protection ten years after publication date. However, retroactive Polish Copyright Law of February 4, 1994 Art. 124, put all those images back under copyright protection, for 50 years since the death of the author. An amendment passed in late 2002, effective January 1, 2003, retroactively extended terms to 70 years after the death of an author, and a further amendment was made in April 2004.

The copyright act from February 4, 1994 in article 33 point 1 allows to propagate works that are permanently exhibited on the publicly accessible roads, streets, squares or gardens provided that the propagation is not for the same use. The name of the creator and source should be provided if it is possible by article 34. This use is royalty free, provided that it does not harm the legitimate interests of the creator by article 34.

Portugal

Works are protected 70 years after the death of the author or last surviving author, or 70 years after publication if the author is unknown/anonymous. (Código do Direito de Autor).

Romania

The current Romanian copyright law goes back to 1996, when Law no. 8 of March 14, 1996 on Copyright and Neighboring Rights entered in force on June 25, 1996[8]. The law is very close to the Spanish copyright law; it has a general copyright term of 70 years p.m.a.. This new Romanian copyright law has been amended several times since 1996.

The previous law on authors' rights in Romania was decree no. 321 from June 18, 1956, published on June 27, 1956. It had much shorter copyright terms (see articles 6 and 7). The earlier copyright law was the law on authors' rights from June 28, 1923, itself modified by the law no. 596 from July 24, 1946, the decree no. 19 from February 16, 1951, the decree no. 428 from November 13, 1952, and the decree no. 591 of December 17, 1955.

The 1923 law had a copyright term of 30 years p.m.a. if heirs existed, the 1956 law had a general term of 50 years p.m.a. (50 years since publication for works created by a legal entity). Shorter terms in the 1956 law existed for authors of entries in encyclopedias and dictionaries (20 years since publication), and for photographers (5 years since publication for individual artistic photos, 10 years for a series of such).

Russia and former Soviet Union

Copyrights of works created in Russia was based on the Russian copyright law of 1993 and its amendments of 1995 and 2004 (Федеральный закон от 9.07.1993 № 5351-1). Since January 1, 2008, intellectual property rights are regulated by Russian law 230-FL of 2006: Part IV of the Civil Code, together with the Russian law 231-FL of 2006: Implementation act for Part IV of the Civil Code. This new law replaced all previous IP laws in Russia.

The same law applies to the works from the former Russian Soviet Federative Socialist Republic of the Soviet Union, since Russia is recognized as one of the twelve (12) legal successors of the USSR (as a federation of republics). Copyrights of works originating from other former Soviet republics may be claimed by the corresponding post-Soviet states too.

See Commons:Copyright tags#Russia and former Soviet Union for specific copyright tags.

See also: {{PD-Ukraine}}, as one of specific post-Soviet tags.

Note: There was a discussion whether pre-1973 works from the Soviet Union are copyright-free, originating in the period of uncertainty after the dissolution of the Soviet Union. It was concluded that this theory is incorrect; see discussions in en:Template talk:PD-USSR and Template talk:PD-Soviet.

San Marino

Law exists per [24].

Saudi Arabia

Saudi Arabian Law states that the "protection period for applied art (handcrafted or manufactured) and photographs shall be twenty five years of the date of publication." Films, sound and artistic works are protected for 50 years starting from the publication date, after which they are in the public domain.

Serbia

Law on Copyright and Related Rights (2009)

Singapore

See Commons:Copyright tags for specific copyright tags.

Freedom of panorama

  • The copyright in sculptures and other works of artistic craftsmanship "situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast".[9] However, the definition of "artistic work" for this purpose explicitly excludes paintings, drawings, engravings and photographs, and therefore freedom of panorama does not apply to, among other things, two-dimensional works such as posters or other flat artworks even if they are permanently displayed in a public place.[10]
  • The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.[11]

Literary, dramatic and musical works published in author's lifetime; and artistic works other than photographs

The following works are in the public domain upon the expiry of 70 years after the end of the calendar year in which the authors of the works died:

  • Published literary, dramatic and musical works.[12]
  • Published and unpublished artistic works other than photographs.[13]

Posthumously published literary, dramatic and musical works, and engravings

If, before the death of the author of a literary, dramatic or musical work —

  • the work had not been published;
  • the work had not been performed in public;
  • the work had not been broadcast;
  • the work had not been included in a cable programme; and
  • records of the work had not been offered or exposed for sale to the public;

the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen (that is, the work was made available to the public before or in 1941).[14]

If, before the death of the author of an engraving the work had not been published, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published (that is, it was first published before or in 1941).[15]

Anonymous and pseudonymous literary, dramatic and musical works

An anonymous or pseudonymous literary, dramatic and musical work is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published (that is, it was first published before or in 1941).[16] (The work ceases to be in the public domain if at any time before the 70-year period expires the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.)[17]

Photographs

A photograph is in the public domain in the following situations:

  • If it was taken before 10 April 1987, 70 years have passed since the end of the calendar year in which it was taken (that is, it was taken before or in 1941).[18]
  • If it was taken on or after 10 April 1987, 70 years have passed since the end of the calendar year in which it was first published.[19]

Published editions of work or works

A published edition of a work or works is in the public domain in the following situations:

  • If it was first published before 10 April 1987.[20]
  • If it was published on or after 10 April 1987, 25 years have passed since the end of the calendar year in which it was first published.[21]

The copyright in a published edition protects the typographical format of the edition, which is separate from any copyrights in the work recorded. Therefore, even if the copyright in the typographical format has expired, the distinct copyright in the text (which is a literary work) and in illustrations or photographs (which are artistic works) may still be subsisting.[22] Do not upload files containing such works unless another licence such as {{PD-SG-lifetimepub}} or {{PD-SG-photo}} is applicable.

Cinematograph films

A cinematograph film[23] is in the public domain in the following situations:

  • If it was made before 10 April 1987.[24]
  • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[25]

Sound recordings

A sound recording[26] is in the public domain in the following situations:

  • If it was made before 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was made (that is, it was made before or in 1941).[27]
  • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[28]

Television broadcasts, sound broadcasts and cable programmes

A television broadcast,[29] sound broadcast[30] or cable programme[31] is in the public domain in the following situations:

  • If the broadcast was made or the cable programme included in a cable programme service[32] before 10 April 1987.[33]
  • If the broadcast was made or the cable programme included in a cable programme service on or after 10 April 1987 —
    • The television or sound broadcast is a repetition of a broadcast made before that date.[34]
    • 50 years have passed since the end of the calendar year in which the broadcast was first made or the cable programme was first included in a cable programme service.[35]

Government works

  • A literary, dramatic or musical work made by or under the direction or control of the Government is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published by or under the direction or control of the Government.[36]
  • An artistic work made made by or under the direction or control of the Government is in the public domain in the following situations:
    • If it is a photograph —
      • made before 10 April 1987, 70 years have passed since the end of the calendar year in which the work was made.[37]
      • made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[38]
    • If it is an engraving, 70 years have passed since the end of the calendar year in which the work was first published.[39]
    • If it is an artistic work other than an engraving or a photograph, if 70 years have passed since the end of the calendar year in which the work was made.[40]
  • A cinematograph film made by or under the direction or control of the Government is in the public domain in the following situations:[41]
    • If it was made before 10 April 1987, it is an original dramatic work that is in the public domain, and photographs forming part of the film are also in the public domain (see the preceding paragraphs).[42]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[43]
  • A sound recording made by or under the direction or control of the Government is in the public domain in the following situations:[44]
    • If it was made before 10 April 1987, 70 years have passed since the expiration of the calendar year in which the recording was made.[45]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[46]

Slovakia

According to section 27 of the Slovak copyright law, Slovakia has freedom of panorama. Works permanently located at public places may be freely reproduced by drawing, painting, graphics, relief picture or relief model, or by photography or film, and such reproductions may be freely published and sold without the consent of the original author.

Slovenia

  • No Commons-suitable FOP. According to the Article 55 of the Slovenian Copyright and Related Rights Act, there is only limited freedom of panorama in Slovenia:
Works permanently placed in parks, streets, squares, or other generally accessible premises may not be reproduced in a 3D-form, used for the same purpose as the original work, or used for economic gain. The source and authorship of the work must be indicated, if the latter is indicated on the work used.
  • The copyright runs for the life of the author and for 70 years after his death, unless otherwise provided by the aforementioned Act (coauthors - 70 years from the death of the last coauthor, anonymous and pseudonymous works - 70 years after the lawful disclosure; collective works - 70 years after the lawful disclosure).
  • The works of authors who died in 1944 or earlier are public domain in Slovenia. Works published in 1945 or later are copyrighted according to the provision described above.[47]
  • In Slovenia there are restrictions on;
  • photography of public monuments and cultural heritage, see COM:FOP#Slovenia and {{SpomenikSVN}}.
  • publication of reproductions of public archives. An authorisation of the archival institution is needed for any publication.
Related acts

South Africa

The Copyright Act of 1978 is the current law of South Africa governing copyrights. S.3(2)(a) specifies that cinematograph films, photographs, and sound recording are copyrighted for 50 years after their first publication. (Most other works are copyrighted for 50 years after the death of the author.)

South Korea

For photographs and most other works, copyright persists until 50 years after the death of the last surviving creator. See Articles 39–44 of the Copyright Act for exact details.

For audio files and broadcasts, the term of protection ends 50 years after creation. According to Article 86 of the Copyright Act:

The protection period of neighboring rights shall come into effect from the following date and continue to subsist for a period of 50 years from the next year of such date:

1. For stage performances when the stage performance takes place;
2. For phonograms when the first fixation of sounds is made; and
3. For broadcastings when the broadcasting is made.

Note that, for musical recordings, the underlying musical work will also need to be out of copyright.

For deciding if the work is out of copyright in the U.S., it's necessary to figure out whether the work was in copyright in 1996. If a work went out of copyright before the 1986 act extended copyright terms from 30 years to 50 years, it does not regain copyright. The act came into force in 1987, hence, works where all authors died before 1957 are out of copyright in both South Korea and the U.S. (See Yunjeong Choi, Development of Copyright Protection in Korea: its History, Inherent Limits, and Suggested Solutions, Brook. J. Int'l L. 28 (2003), pp. 643-673.)

Spain

In Spain the "copyright" is known as "intellectual property". Generally, according to Spanish law, Royal Act 1/1996, on April 12, about Intellectual Property (Spanish PDF), the copyright expires 70 years after the death of the author. If the "intellectual property" of the work isn't owned by anybody, or it is a collective work where individual authors are not identifiable, this work would be on public domain after 70 years since the date of publication. However, works of authors who died before December 7, 1987 are dealt with by the 1879 law, which sets a protection time of 80 years post mortem auctoris.[25]

Exceptions to this (that may be useful in commons) are:

  • The pieces of work situated permanently in parks, streets, squares and other public ways can be reproduced, distributed and communicated freely by using paintings, drawings, photographies and audiovisual procedures.
  • Legal or ruling dispositions and their correspondent projects, resolutions of jurisdictional organs and acts, agreements, deliberations and reports of public organizations, and so official translations of all these texts are not subjected to "intellectual property".

Somalia

There has been no copyright protection in Somalia since the start of the country's civil war in 1991 and the subsequent destruction of the national copyright office. According to the World Intellectual Property Organization, the last time the copyright office updated its records was in 1986.

South Sudan

See the Sudan section below.

Sri Lanka

Sri Lanka copyright is 70 years pma. There is a strong Fair Use provision and no FOP.

"Copyright covers original literary and artistic works: writings such as books, computer programs, articles, oral works such as speeches and lectures, dramas, musical works, films, drawings, paintings and photographs. The woks such as databases and translations are also protected."

The exception for government and other works is very limited:

"Notwithstanding the provisions of sections 6 and 7, no protection shall be extended under this Part —
(a) to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work ;
(b) to any official text of a legislative, administrative or legal nature, as well as any official translation thereof ;
(c) to news of the day published, broadcast, or publicly communicated by any other means."

Sudan

Sudanese Law states that photos and films are protected for 25 years starting from the publication date, after which they are in public domain. For any other type of work, it lapses into the public domain when more than twenty five years have elapsed since the year of authors death and fifty years have elapsed since the year of publication.

Article 198 of the Constitution of the South Sudan declares that "All laws of South Sudan shall remain in force [...] unless new action are taken [...]." As there is no new South Sudanese copyright law at this time, the Sudanese one is still in force there.

Sweden

Photographs published after 1994 are protected for 70 years after the author's death if they have an artistic or scientific value.[48] Photos that lack artistic value are only protected for 50 years after creation. If the photograph was published before 1994, transitional regulations apply—see {{PD-Sweden-photo}}.

Works of art permanently exhibited in public spaces can be used without consideration to the creator of the work of art, e.g. freedom of panorama, and there are no restrictions on photos of buildings. (Upphovsrättslagen 24 §)

Governmental laws and ordinances, decisions and statements published by Swedish authorities, and official translations thereof, are not copyright protected. (Upphovsrättslagen 9 §)

An English translation of the Copyright Act is available at sweden.gov.se.

Catalogs and charts containing compilations of a great amount of information, or being the result of a considerable investment, are under copyright for 15 years after the year of their creation, or, if they have been published within 15 years from production, for 15 years after the year of publication. (Upphovsrättslagen 49 §).

Switzerland

In Switzerland, copyright is covered in the Copyright Act (Urheberrechtsgesetz, URG, SR 231.1. See also w:Swiss copyright law). Generally, copyright lasts for 70 years after the death of the (last) author. If authorship is unknown, copyright lasts for 70 years after the first publication. However, the increase of the protection term from 50 to 70 years occurred in 1993; since the increase was not retroactive, all works made by authors deceased before 1 January 1943 are in the public domain in Switzerland.

Works not covered by copyright include:

  • laws, ordinances, international treaties and other official acts;
  • currency;
  • decisions, protocols and reports by public authorities;
  • patents and patent applications.

(See also template {{PD-Switzerland-official}} and {{Swiss Government Portrait}})

To be eligible for copyright in the first place, a work must be of individual character, i.e. be an individual expression of thought (Art. 2 par. 1 URG). Many photographs are therefore not protected (see {{PD-Switzerland-photo}} for details).

Syria

Syrian Law states that photos and two dimensional artistic works are protected for 10 years starting from the production date, after which they are in public domain.

Taiwan

See #China, Republic of (Taiwan) above.

Tajikistan

See: here, copied from [26].

Copyright generally lasts for 50 years after the death of the author. Works not covered by copyright are covered in Article 7.

  1. official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof;
  2. state emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs);
  3. communications concerning events and facts that have informational character;
  4. works of folklore.

Anything that falls under this description can use {{PD-TJ-exempt}}.

Turkey

See {{PD-TR}} and Turkish copyright law. The current copyright law of Turkey provides that copyright owned by a legal entity lasts for 70 years from first publication, and that copyright owned by an individual lasts for 70 years from death. See Law No. 5846 (12 May, 1951, as amended), Art. 27. That law provides that the creator of a work owns the copyright, except where the creator is employed by someone else, including an entity, in which case the employer or entity owns the copyright. Id., Art. 8.

Turkish copyright law states that laws, rules, regulations, notifications, circular letters and juridical decisions which are officially promulgated or announced are not protected by copyright.

Uganda

According to the Copyright and Neighbouring Rights Act 2006 (Act 19 of 2006) of Uganda:

  • Copyrighted works.
    • Photographs. The copyright in a photographic work expires 50 years after the date of the making of the work: section 13(7).
    • Audiovisual works, sound recordings and broadcasts. The copyright in an audiovisual work, a sound recording or a broadcast expires 50 years after the date of the making of the work or the date the work is made available to the public with the author's consent: section 13(5).
    • Other works. The copyright in some other type of work expires after the periods stated below:
      • Identified authors. If the work is by an identified author, 50 years after the author's death, or, where the work is of joint authorship, after the death of the last surviving author: sections 13(1) and (2).
      • Anonymous and pseudonymous authors. If the work is published anonymously or under a pseudonym, 50 years after the date of first publication. However, if before this time the identity of the author becomes known or is no longer in doubt, the preceding paragraph applies: section 13(4).
      • Corporations and other bodies. If the copyright is owned by a corporation or other body, 50 years from the date when the work is first published: section 13(3).
  • No copyright in public benefit works. There is no copyright in the following works (section 7):
    • enactments, including Acts, statutes, decrees, statutory instruments and other laws made by the Legislature or other authorised bodies;
    • decrees, orders and other decisions by courts of law for the administration of justice and any official translations from them;
    • reports made by committees or commissions of inquiry appointed by the Government or any agency of the Government;
    • news of the day, namely, reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.
  • Freedom of panorama. A work of art or architecture may be used in a photograph, an audiovisual work or a television broadcast without infringing the author's copyright and without the author's consent where the work (section 15(1)(g)):
    • is permanently located in a public place; or
    • is included in the background or is otherwise incidental to the main object in the photograph, audiovisual work or television broadcast.

United Kingdom

As with the rest of the European Union, the basic copyright term in the United Kingdom is life of the author plus 70 years. (The author must be a natural person and cannot be a corporation.) There are a number of variations on this however. Works in the United Kingdom fall into two categories for the purposes of copyright duration: government works and non-government works. The former are covered by Crown copyright and Parliamentary copyright and their special duration rules and the latter by ordinary copyright duration rules.

Crown copyright

Crown copyright works have a basic term of protection of 50 years from date of commercial publication. For Crown works created before the entry into force of the Copyright Act 1956 on 30 June 1957 other rules apply. Crown copyright photographs created prior to 30 June 1957 have a copyright term of 50 years from creation. Published Crown copyright engravings created prior to 30 June 1957 have a copyright term of 50 years from commercial publication. Unpublished Crown copyright engravings of the period come out of copyright at the end of 2039. Crown artistic works other than engravings and photographs created prior to 30 June 1957 have a copyright term of 50 years from creation.

Further special rules apply to Crown artistic works created between 30 June 1957 and the entry into force of the Copyright Designs and Patents Act 1988 on 1 August 1989. Published engravings created in this period are still out of copyright 50 years after commercial publication. Unpublished engravings created in this period come out of copyright at the end of 2039 as before. Published photographs are out of copyright 50 years after publication. Unpublished photographs come out of copyright at the end of 2039. Other artistic works come out of copyright 50 years after creation.

For a summary of these times see the flowchart at [27].

Crown copyright sound recordings are much more simple. Copyright expires 50 years after creation unless the work is commercially published during that period when copyright expires 50 years after first publication.

The Ordnance Survey OpenData licence has been designed to be compatible with Creative Commons BY 3.0 and appears to be okay.

Some works published from 2010 are available under the UK Open Government Licence which is meant to be compatible with the CC BY 3.0 licence. See {{OGL}}.

Parliamentary copyright

Parliamentary copyright was created by the Copyright Designs & Patents Act 1988 and its duration rules are the same as for Crown copyright materials created after 30 August 1989.

Copyright on sound recordings

If the source material is out of copyright, sound recordings leave copyright after 50 years from first publication. Plans are underway to extend this to 70 years.

Ordinary copyright

For ordinary copyright works the largest distinction is between those with a known author and those with a pseudonymous or anonymous author. There are also distinctions in copyright term between artistic works and sound recordings. The commencement dates for the Copyright Act 1957 and the Copyright Designs & Patents Act 1988 are also crucial.

If the work was created after 30 August 1989 and has a known author copyright expires 70 years after the death of the author. If the work was photograph with a known author taken before 30 June 1957 then copyright also expires 70 years after the death of the author. If the work is a non-photograph artistic work with a known author which was created prior to 30 August 1989 then several scenarios can apply:

  1. If the work was published during the author's lifetime then copyright expires 70 years after the death of the author.
  2. If the work was published before 30 August 1989 and the author died more than 20 years before publication then copyright expires 50 years after publication.
  3. If the work was published before 30 August 1989 and the author died less than 20 years before publication then copyright expires 70 years after the death of the author.
  4. If the work was not published before 30 August 1989 and the author died after 1968 then copyright expires 70 years after the death of the author.
  5. If the work was not published before 30 August 1989 and the author died before 1969 then copyright expires at the end of 2039.

If the author is unknown then the basic time period to bear in mind is 70 years. If the work has an unknown author and was created after 30 August 1989 copyright expires either 70 years after creation or if during that period the work is made available to the public 70 years after that. If the work is a photograph with an unknown author taken before 1 June 1957 then copyright expires 70 years after creation or if during that period the work is made available to the public 70 years after that. If the work was created before 1969 with an unknown author then several scenarios can apply:

  1. If the work was published before 30 August 1989 then copyright expires 70 years after first publication.
  2. If the work is unpublished and was first made available to the public after 1968 then copyright expires 70 years after the work was first made available to the public.
  3. If the work is unpublished and has never been made available to the public then copyright expires at the end of 2039.
  4. If the work is unpublished and was first made available to the public before 1969 then copyright expires at the end of 2039.

For a summary of these rules see the flowchart [28].

The rules for ordinary copyright sound recordings are the same as for Crown copyright sound recordings.

Typographical copyright

If scanning a copyright-expired work from a British publication typographical copyright must be borne in mind. This subsists for 25 years from creation of the publication and covers the typographical arrangement of the publication. It does not exist in the United States.

Publication right

One related right to copyright that must be borne in mind in the United Kingdom is publication right. This applies to ordinary copyright works but does not apply to Crown copyright works. If the copyright of an unpublished work has expired (virtually impossible before 2040) then the first publisher of that work is entitled to publication right over that work. Publication right has the same rules as copyright but only lasts for 25 years. It does not exist in the United States.

Database right

If scanning material from a publication from 1982 or later database right must also be borne in mind. This right normally lasts 15 years from creation or substantial amendment of the database. Many books count as databases due to their systematic arrangement of information. Under transitional provisions works created from 1982-1997 are also covered by database right until the end of 2012, ie 15 years after the passage of the original legislation. It does not exist in the United States.

Exceptions to copyright

As with many other countries the UK defines an exception to copyright infringement for artistic works on public display. Section 62 of the Copyright Designs & Patents Act 1988 states that it is not an infringement of copyright to film, photograph, broadcast or make a graphic image of a building, sculpture, models for buildings or work of artistic craftsmanship if that work is permanently situated in a public place or in premises open to the public.

United States

US copyrights for works first published in US, excluding audio works

Anything published[49] before January 1, 1923 is in the public domain. Anything published before January 1, 1964 and not renewed is in the public domain (search the renewal records for books and maps here). Anything published before March 1, 1989 with no copyright notice ("©", "Copyright" or "Copr.") plus the year of publication (may be omitted in some cases) plus the copyright owner (or pseudonym) is in the public domain.

Photographic works created after January 1, 1978 are protected for 70 years after the death of the creator. Works created but not published before January 1, 1978 are protected for 95 years from the date they were registered for copyright, or 95 (for anonymous or pseudonymous works) or 120 years (for works by individuals) from year of creation, whichever expires first. (see [29] for more information)

Works by the US Government

A work by the U.S. federal Government is in the public domain. This applies certainly within the United States; it may, however, not apply in other jurisdictions. See the CENDI Copyright FAQ list, 3.1.7, the U.S. Government's own statement to that effect, but also this discussion.

Example of public domain work created by NASA, a U.S. federal government agency
  • Images on government or government agency websites are not necessarily public domain; always look for copyright notices or similar. Especially the images on the favorite website "Astronomy Picture of the Day" are in most cases not within the public domain but copyrighted by their individual authors (so please do not upload images from there to Wikimedia Commons). Images on certain military websites (e.g. AKO) frequently are creations of military members in their individual capacities (e.g. soldiers on patrol using their personal cameras). These images may not be in the public domain, but they are very hard to distinguish from works of military photographers, and they rarely contain copyright information.
  • This does not include governments of the individual states. The work of most state and local governments are subject to copyright, but there are exceptions.
  • This does not include government-funded corporations like Amtrak or the USPS. In particular, the USPS holds copyright on all US postage stamp designs since 1978 [30] (older US stamps are all public domain).
  • This also does not include works commissioned by the US Government, but produced by contractors; in this case, the copyright may have been assigned to the US Government (for instance, the copyright of the official Ada programming language manual was assigned to the US Department of Defense).
  • Some US government agencies may work in cooperation with other agencies or corporations; this is in particular the case of NASA, which operates the Jet Propulsion Laboratory in cooperation with Caltech, and operates a number of space projects in cooperation with foreign agencies such as ESA and CNES. Only materials solely produced by NASA will be in the public domain. The other agencies may hold copyright on some material, including material published on NASA sites (there will be copyright notices in that case).
  • The government sometimes publishes images with statements about non-copyright restrictions (like the White House photostream). This does not affect copyright.
  • Commercial use of some Federal images, such as identifying insignia or identification, is prohibited however. Fraudulent use (such as wearing military decorations without authorization) is also banned. However, restrictions of this nature are not within the scope of Commons policy.
    • The United States Army Institute of Heraldry— the official custodian of such images has addressed this issue with its Copyright statement, which informs the reader as to how to meet any commercial needs under this statute.

Venezuela

From Venezuelan "Law on Copyright" (1993-08-14), works first published in Venezuela fall into the public domain when:

  • It is the text of laws, decrees, official regulations, public treaties, judicial decisions and other official acts. (Part 1, Chapter 1, Section 1, Article 4)
  • It is an audiovisual work, a photograph, a broadcast work or a computer program and 60 years have passed since its publication. (Part 1, Chapter 1, Section 2, Article 26)
  • It is an anonymous or pseudonymous work and 60 years have passed since publication (unless the pseudonym leaves no doubt as to identity). (Part 1, Chapter 1, Section 2, Article 27)
  • It is another type of work and 60 years have passed since the last surviving author's death. (Part 1, Chapter 1, Section 2, Article 25)

Vietnam

The author of all works has certain perpetual rights, but rights under ordinary copyright last for fifty years from the death of the author. If the author is unknown, the rights belong to the state -- in effect, in trust for the unknown author.

Yemen

Yemeni Law states that photos and two dimensional artistic works are protected for 10 years starting from the beginning of the publication year. It also states that television screenshots are protected for 3 years starting from the original broadcast date.

See also

Notes

  1. ↑ Debate about these exceptions was discussed at Commons:Alter Wikimedia Commons policy to allow Wikimedia logos, which is now retained for historical reference.
  2. ↑ See Ets-Hokin v. Skyy Spirits Inc where it was decided that the SKYY vodka bottle and logo were not copyrightable
  3. ↑ Click on Photographers in the right column to download the PDF, and go to page 4
  4. ↑ Austria Copyright Act §54. (1) 5.: Werke der Baukunst nach einem ausgeführten Bau oder andere Werke der bildenden Künste nach Werkstücken, die dazu angefertigt wurden, sich bleibend an einem öffentlichen Ort zu befinden, zu vervielfältigen, zu verbreiten, durch optische Einrichtungen öffentlich vorzuführen und durch Rundfunk zu senden und der Öffentlichkeit zur Verfügung zu stellen; ausgenommen sind das Nachbauen von Werken der Baukunst, die Vervielfältigung eines Werkes der Malkunst oder der graphischen Künste zur bleibenden Anbringung an einem Orte der genannten Art sowie die Vervielfältigung von Werken der Plastik durch die Plastik.
  5. ↑ Norway Intellectual Property Rights Act (Copyright Act) §45 (in Norwegian)
  6. ↑ Intellectual Property Guide: Global Frameworks. Caslon Analytics. Archived from the original on 2008-02-10. Retrieved on 2009-01-26.
  7. ↑ Al-Qattan, Najwa (2007(2007)) "Inside the Ottoman courthouse: territorial law at the intersection of state and religion " in The Early Modern Ottomans Cambridge University Press, pp. p. 207 Retrieved on 26 January 2009(2009-01-26). ISBN: 9780521817646.
  8. ↑ Romania Law No. 8 of 14 March 1996 on Copyright and Neighboring Rights, WIPO
  9. ↑ Copyright Act (Cap. 63, 2006 Rev. Ed.) (Singapore) ("CA"), section 63.
  10. ↑ CA, s. 7 (definition of artistic work).
  11. ↑ CA, s. 64.
  12. ↑ CA, s. 28(2). The term literary work includes (a) a compilation in any form, and (b) a computer program: Copyright Act (Singapore) ("CA"), s. 7A(1) (compilation is defined in s. 7A(3)). Dramatic work includes (a) a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and (b) a scenario or script for a cinematograph film: CA, s. 7.
  13. ↑ CA, s. 28(2). In this context, according to s. 7, artistic work means: (a) a painting, sculpture, drawing or engraving, whether the work is of artistic quality or not; (b) a building or model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies. Drawing includes any diagram, map, chart or plan.
  14. ↑ CA, s. 28(3).
  15. ↑ CA, s. 28(5).
  16. ↑ CA, s. 29(1).
  17. ↑ CA, s. 29(2).
  18. ↑ CA, s. 212.
  19. ↑ CA, s. 28(6).
  20. ↑ CA, s. 223.
  21. ↑ CA, s. 96.
  22. ↑ Para. 2.40, George Wei (1989(1989)) The Law of Copyright in Singapore Singapore: Singapore National Printers
  23. ↑ Cinematograph film means the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown, and includes the aggregate of the sounds embodied in a sound-track associated with such visual images: CA, s. 7.
  24. ↑ CA, s. 220.
  25. ↑ CA, ss. 88 and 93.
  26. ↑ Sound recording means the aggregate of the sounds embodied in a record, and a record is a disc, tape, paper or other device in which sounds are embodied: CA, s. 7.
  27. ↑ CA, s. 219(4).
  28. ↑ CA, s. 92.
  29. ↑ Television broadcast means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images. Broadcast means broadcast by wireless telegraphy, which means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy: CA, s. 7.
  30. ↑ Sound broadcast means sounds broadcast otherwise than as part of a television broadcast: CA, s. 7.
  31. ↑ Cable programme means a programme which is included in a cable programme service: CA, s. 7.
  32. ↑ According to CA, s. 7, cable programme service means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either (a) for reception, otherwise than by wireless telegraphy, at two or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or (b) for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons. A telecommunication system is a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of (a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus.
  33. ↑ CA, ss. 222(a) and 224.
  34. ↑ CA, s. 222(b).
  35. ↑ CA, ss. 94 and 95.
  36. ↑ CA, ss. 197(3)(b).
  37. ↑ CA, ss. 197(4) and 231.
  38. ↑ CA, s. 197(4A).
  39. ↑ CA, s. 197(4A).
  40. ↑ CA, s. 197(4).
  41. ↑ CA, s. 197(5).
  42. ↑ CA, s. 233.
  43. ↑ CA, ss. 88 and 93.
  44. ↑ CA, s. 197(5).
  45. ↑ CA, ss. 219(4) and 232.
  46. ↑ CA, s. 92.
  47. ↑ Maja Bogataj Jančič, Luka Virag, Rok Jerovšek. Modeli razčiščevanja avtorskih pravic za izbrane skupine avtorskih del za digitalizacijo in/ali objavo na Dlib.si.[1]. 29 September 2010. Retrieved 26 March 2012. Pg. 20.
  48. ↑ The definition of a photographic work, as opposed to a photo, is not precisely defined. There are still no precedents on this, but in practice "artistic or scientific value" has come to apply only to photos with distinctive originality, not to snapshot-like photos such as press photos.
  49. ↑ For a definition of “publication” see e.g. Copyright Office circular, page 3. This modern definition is only valid for 1978 and later, as the 1909 Copyright Act did not explicitly define it, though the concepts were similar.

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