Commons:Нормы авторского права по территории/Панама

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This page is a translated version of a page Commons:Copyright rules by territory/Panama and the translation is 34% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Panama and have to be approved by a translation administrator.
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This page provides an overview of copyright rules of Panama relevant to uploading works into Wikimedia Commons. Note that any work originating in Panama must be in the public domain, or available under a free license, in both Panama 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 Panama, refer to the relevant laws for clarification.

Background

Panama was colonized by Spain in the 16th century. It broke away from Spain in 1821 and joined the Republic of Gran Colombia, then in 1831 the Republic of Colombia. Panama seceded from Colombia in 1903.

Panama has been a member of the Berne Convention since 8 June 1996, the World Trade Organization since 6 September 1997 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. 64 of October 10, 2012, on Copyright and Neighboring Rights as the main IP law enacted by the legislature of Panama.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

Under the former Law No. 15 of August 8, 1994 on Copyright and Neighboring Rights and Enacting Other Provisions, a work first published in Panama was in the public domain if it met one of the following criteria:

  • It was an anonymous work or pseudonymous work and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
  • It was a collective or audiovisual work, and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
  • It was another kind of work, and 50 years had passed since the year of death of the author (or last-surviving author)

Under the Law No. 64 of October 10, 2012,

  • Economic rights last for the author's life and 70 years after his death.[64/2012 Article 59]
  • With a collaborative work, the term is counted from the death of the last surviving co-author.[64/2012 Article 59]
  • With anonymous and pseudonymous works, the term is 70 years from the year of its publication.[64/2012 Article 60]
  • With collective works, computer programs and audiovisual works, economic rights expire 70 years after first publication, or if that does not happen after completion.[64/2012 Article 61]
  • The terms defined above are calculated from the first of January of the year following the death of the author or, as appropriate, the disclosure, publication or completion of the work.[64/2012 Article 63]
  • Patrimonial rights over works, artistic performances, phonographic productions or broadcasts already protected by Law 15 of 8 August 1994, shall enjoy the longer terms of protection established by this Law.[64/2012 Article 193]

The economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.[64/2012 Article 194]

Not protected

Under Law No. 64 of 2012 no copyright protection is given to the ideas contained in literary or artistic works, procedures, methods of operation or mathematical concepts, systems or ideas or technical content of scientific works, nor their industrial or commercial use; official texts of administrative, legislative or judicial nature or the official translations of them, without prejudice to the obligation to respect the texts and cite the source, as well as the author's name if it appears in the source; news of the day, or events that have the character of simple press information; simple facts or data; expressions of folklore, without prejudice to the rights recognized on their adaptations, translations, arrangements or other transformations that have originality in the form of expression, nor of the guardianship that is recognized to such expressions by special laws.[Article 13]

Copyright tags

Сокращение
COM:TAG Panama

Смотрите также: Commons:Шаблоны лицензий

{{PD-Panama}} - Works in the public domain

Freedom of panorama

Сокращение
COM:FOP Panama

Смотрите также: Commons:Свобода панорамы

Symbol OK.svgДа; in regard to buildings, for the outer façade only. {{FoP-Panama}}

Under the Law No. 64 of October 10, 2012, reproduction, broadcasting or public transmission by cable of the image of an architectural work, of a work of the fine arts, of a photographic work or of a work of applied arts that is located permanently in a place open to the public is allowed. With buildings, this is limited to the exterior façade.[64/2012 Article 69(3)]

Stamps

Смотрите также: Почтовые марки / Общественное достояние

Copyrighted Under the Law No. 64 of October 10, 2012, stamps are not excluded from protection (e.g. as official texts).[64/2012 Article 13] Copyright lasts for 70 years after death of the author or coauthor, or 70 years from publication if the work is anonymous or pseudonymous [64/2012 Article 59–60]. However, the economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.[64/2012 Article 194] In effect, works by authors who died after 1938 are still protected. For older stamps, if applicable, use {{PD-Panama}}.

See also

Citations

  1. a b Panama Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Ley N° 64 de 10 de Octubre de 2012 sobre el Derecho de Autor y Derechos Conexos (in Spanish). Panama (2018). Retrieved on 2018-11-03.
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. Смотрите также: Commons:Отказ от ответственности