共享资源:各地著作权法规/孟加拉国
著作权法规: 孟加拉国 快捷方式: COM:孟加拉国 | |
保护期限 | |
---|---|
标准 | 作者逝世+60年 |
照片 | 出版 + 60年 |
匿名 | 出版 + 60年 |
视听作品 | 出版 + 60年 |
死后出版 | 出版 + 60年 |
政府作品 | 出版 + 60年 |
其他 | |
全景自由 | 是 |
截至年底 | 是 |
一般授权条款标签 | {{PD-Bangladesh}} |
协议 | |
伯尔尼公约 | 1999年5月4日 |
世界著作权公约 | 1975年8月5日 |
世界贸易组织成员 | 1995年1月1日 |
乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
*只要一个作品在美国可以受版权保护,在1928年12月31日之后发表,并在来源国的URAA日期受版权保护,那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Bangladesh relevant to uploading works into Wikimedia Commons. Note that any work originating in Bangladesh must be in the public domain, or available under a free license, in both Bangladesh and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Bangladesh, refer to the relevant laws for clarification.
背景
Bengal was part of British India until it gained independence in 1947 as the eastern part of Pakistan. The country became independent of Pakistan in 1971, taking the name Bangladesh.
Bangladesh has been a member of the World Trade Organization since 1 January 1995 and the Berne Convention since 4 May 1999.[1]
The first law on copyright was introduced in Bangladesh in 1914, based on the British Copyright law of 1911. This was replaced by the Copyright Ordinance 1962, which in turn was replaced by the Copyright Act 2000.[2] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) as the main copyright law enacted by the legislature of Bangladesh.[1] WIPO holds the Bengali text of this law in their WIPO Lex database.[3] The Copyright Office Bangladesh provides an English translation on their website.[4]
The Copyright Act, 2000 repealed The Copyright Ordinance, 1962 (Ordinance no XXXIV of 1962).[28/2000 Section 105(1)] It was not retroactive: "Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act".[28/2000 Section 105(3)]
一般规则
Under the Copyright Act 2000,
- Copyright subsists in any literary, dramatic, musical or artistic work (except a photograph) published within the lifetime of the author until 60 years from the beginning of the calendar year next following the year in which the author dies. The reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who died last.[28/2000 Section 24]
- With a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author, but which has not been published before that date, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 25(1)]
- With a cinematograph film, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the film is published.[28/2000 Section 26]
- With a sound recording, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the sound recording is published.[28/2000 Section 27]
- With a photograph, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the photograph is published.[28/2000 Section 28]
- With a computer programme, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the programme is published.[28/2000 Section 28A]
- With a literary, dramatic, musical or artistic work (except a photograph) which is published anonymously or pseudonymously, copyright subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.[28/2000 Section 29]
- Copyright in a Government work, where the Government is the first owner of the copyright, subsists until 60 years from the beginning of the calendar year next following the year in which the work is published.[28/2000 Section 29]
版权标签
参见:共享資源:著作權標籤
- {{PD-Bangladesh}} - for photographs and films 60 years starting from the end of the year it was produced; for other works 60 years after the death of the author, or last-surviving author.
全景自由
参见:共享资源:全景自由
可以 建筑、雕塑和艺术工艺品:{{FoP-Bangladesh}}
Not OK for other types of artistic works.
According to the 2000 Copyright Act of Bangladesh, copyright is not infringed by,
- The making or publishing of a painting, drawing, engraving or photograph of architecture or the display of a work of architecture.[28/2000 Section 72(19)];
- The making or publishing of painting, drawing, engraving or photograph of a sculpture or other artistic work falling under section 36(c), if such work is permanently situated in a public place or any premises to which the public has access.[28/2000 Section 72(20)];
- The inclusion in a cinematograph film of (i) any artistic work permanently situated in a public place or any premises to which the public has access; or ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.[28/2000 Section 72(21)];
Under 2000 Copyright Act of Bangladesh, the "artistic works" are enumerated as: (a) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph whether or not any such work possesses artistic quality; (b) a work of architecture; and (c) any other work of artistic craftsmanship.[28/2000 Section 2(36)] Thus the Bangladeshi freedom of panorama only applies to works of architecture, sculptures, and works of artistic craftsmanship "permanently situated in a public place or any premises to which the public has access."
As expected in most of the former British colonies, the Bangladeshi law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the COM:FOP United Kingdom for more details.
邮票
参见:共享資源:郵票
参见
引用
- ↑ a b Bangladesh Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Mohammad Monirul Azam (2013). Copyright law in Bangladesh. Legal Steps. Retrieved on 2018-12-17.
- ↑ Copyright Act, 2000 (Act No. 28 of 2000, as amended up to 2005) (in Bengali). Bangladesh (2005). Retrieved on 2018-11-08.
- ↑ Copyright Act, 2000: Act No. XXVIII of 2000. Copyright Office Bangladesh (18 July, 2000). Retrieved on 2018-12-17.