Commons:Copyright rules by territory/Grenada

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search

This page provides an overview of copyright rules of Grenada relevant to uploading works into Wikimedia Commons. Note that any work originating in Grenada must be in the public domain, or available under a free license, in both Grenada 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 Grenada, refer to the relevant laws for clarification.

Background

The French colonized Grenada in 1650. In 1763 the island was ceded to the British. From 1958 to 1962 Grenada was part of the Federation of the West Indies. Grenada gained full autonomy over its internal affairs on 3 March 1967, and gained independence on 7 February 1974.

Grenada has been a member of the World Trade Organization since 22 February 1996 and the Berne Convention since 22 September 1998.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 67, Act No. 21 of 2011) as the main IP law enacted by the legislature of Grenada.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The 2011 act repealed the Copyright Act 1988.[21/2011 Section 58]

General rules

Under the Copyright Act (Cap. 67, Act No. 21 of 2011),

  • Subject to subsections (2) to (5), rights are protected during the life of the author and for 50 years after his death.[21/2011 Section 21(1)]
  • A work of joint authorship is protected during the life of the last surviving author and for 50 years after his death.[21/2011 Section 21(2)]
  • A collective work, other than a work of applied art or a photographic work, and an audiovisual work, is protected for (a) 50 years from the date on which the work was first published; (b) 50 years from the date on which the work was first made available to the public, if the work has not been published before 25 years after its making; or (c) 50 years from the making of the work, if the work had neither been made available to the public, nor published before 25 years after its making.[21/2011 Section 21(3)]
  • A work published anonymously or under a pseudonym is protected for (a) 50 years from the date on which the work was first published; (b) 50 years from the date on which the work was first made available to the public, if the work has not been published before 25 years after its making; or (c) 50 years from the making of the work, if the work had neither been made available to the public, nor published before 25 years after its making.[21/2011 Section 21(4)]
  • A work of applied art or a photographic work is protected for 25 years from the making of the work.[21/2011 Section 21(5)]

Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.[21/2011 Section 21(6)]

Not protected

Shortcut

See also: Commons:Unprotected works

No protection shall extend under this Act to ... any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[21/2011 Section 7(1b)].

Freedom of panorama

See also: Commons:Freedom of panorama

OK. Under the Copyright Act (Cap. 67, Act No. 21 of 2011),

  • Copyright is a property right which subsists in literary and artistic works.[21/2011 Section 5(1)] This includes works of architecture.[21/2011 Section 5(1)(g)]
  • The inclusion of an artistic work in a work, broadcast or communication to the public shall not be considered an infringement if the artistic work (a) is permanently situated in a public place or in premises open to the public; or (b) is included in the work, broadcast or communication to the public by way only of background or as incidental to the essential matters represented.[21/2011 Section 19]

Citations

  1. a b Grenada Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act (Cap. 67, Act No. 21 of 2011). Grenada (2011). Retrieved on 2018-11-05.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer