Commons:Copyright rules by territory/San Marino

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Copyright rules: San Marino
Shortcut: COM:SAN MARINO
Flag of San Marino
Map of San Marino
Durations
Standard Life + 50 years
Photograph Create + 30 years
Anonymous Publish + 60 years
Audiovisual Create/publish + 50 years
Collective Publish + 60 years
Posthumous Publish + 60 years (maximum life + 90 years)
Other
Terms run to year end Yes
Common licence tags {{PD-old-auto}}
{{PD-SanMarino}}
ISO 3166-1 alpha-3 SMR
Treaties
URAA restoration date none

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

Governing laws

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 8 of 25 January 1991 - Protection of Copyright as the main IP law enacted by the legislature of San Marino.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was later amended by Law No. 63 of 24 June 1997 and Law No. 43 of 22 February 2006.[1]

General rules

According to Law no. 8 of 25 January 1991:

  • The standard term of protection is for the author's life + 50 years.[8/1991 Art.36]
  • A joint work where individual contributions cannot be separated is protected for 50 years after the last author's death.[8/1991 Art.37]
  • If the contributions in a joint work are separable, protection for each contribution is based on the life of the author, while the work as a whole is protected for 60 years after first disclosure.[8/1991 Art.37]
  • Anonymous or pseudonymous works are protected for 60 years after first disclosure.[8/1991 Art.38]
  • Posthumous works are protected for 60 years after first disclosure as long as this occurs within 30 years of the author's death.[8/1991 Art.39]
  • For audio-visual works (films, sound), the duration is 50 years after the end of the year of first disclosure, or 50 years after the production date for undisclosed works.[8/1991 Art.40]
  • Photographs are protected for 30 years after the date of production.[8/1991 Art.84]

Disclosure is any act that brings the work to the attention of the public, including exhibition or reproduction.[8/1991 Art.44] All terms run to the end of the calendar year in which they expire.

Copyright notes

Copyright notes
Per U.S. Circ. 38a., the following countries are not a participant in the Berne Convention or any other treaty on copyright with the United States:
  • Eritrea, Ethiopia, Iran, Iraq, Nauru, Palau, San Marino, Somalia and South Sudan.

As such, works published by citizens of these countries in these countries are usually not subject to copyright protection outside of these countries. Hence, such works may be in the public domain in most other countries worldwide.

However
  • Works published in these countries by citizens or permanent residents of other countries that are signatories to the Berne Convention or any other treaty on copyright will still be protected in their home country and internationally as well as locally by local copyright law.
  • Similarly, works published outside of these countries within 30 days of publication within these countries will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of these countries, the term of such copyright protection may exceed the term of copyright inside them.
  • Unpublished works from these countries may be fully copyrighted.
  • A work from one of these countries may become copyrighted in the United States under the URAA if the work's home country enters a copyright treaty or agreement with the United States and the work is still under copyright in its home country.

San Marino has enacted Law No. 8 of 25 January 1991 - Protection of Copyright (Italian) which came into force on 9 February 1991. San Marino has enacted Law No. 43 of 22 February 2006 - Amendments to Art. 3 of the Law No. 63 of June 24, 1997 "Provision of Law No. 8 of 25 January 1991 - Protection of Copyright" (Italian) which came into force on 13 March 2006.

Copyright tags

Shortcut
COM:TAG San Marino

See also: Commons:Copyright tags

  • {{PD-SanMarino}} for the reproduction, even in their entirety, of the acts of State or government or judicial acts.

Citations

  1. a b San Marino Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
  2. Law No. 8 of 25 January 1991 - Protection of Copyright. San Marino (1999). Retrieved on 2018-11-13.
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