공용:지역별 저작권 법규/미국

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This page is a translated version of a page Commons:Copyright rules by territory/United States and the translation is 34% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/United States and have to be approved by a translation administrator.
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US copyrights for works first published in US, excluding audio works
Year of first publication
Note: publication is not creation
Copyright duration
  • before 1925
  • during 1925-63: without notice, or with notice but not renewed within 28 years of first publication
  • during 1964-77: without notice
  • from 1978 to March 1, 1989: without notice and without registration within 5 years of first publication
Work has entered US public domain
  • during 1925-63: with notice and renewed
  • during 1964-77: with notice
Copyrighted for 95 years after first publication
  • from 1978 to March 1, 1989: pre-1978 creation with notice, or without notice but registered within 5 years of first publication
  • from March 2, 1989 to 2002: pre-1978 creation
  • If author is known, copyrighted until the later of either 70 years pma or Dec 31, 2047.
  • If author is unknown or corporate authorship, the earlier of 95 years after first publication or 120 years after creation, but not earlier than Dec 31, 2047.
  • from 1978 to March 1, 1989: post-1977 creation with notice, or without notice but registered within 5 years of first publication
  • from March 2, 1989 to 2002: post-1977 creation
  • unpublished before 2003 (i.e. first published after 2002)
  • If author is known, copyrighted for 70 years pma.
  • If author is unknown or corporate authorship, the earlier of 95 years after first publication, or 120 years after creation.
pma: post mortem auctoris, or "after the author's death"

이 문서는 위키미디어 공용에서 작품을 업로드하는 것과 관련하여 미국의 저작권 법규에 대한 개황을 제공합니다.

일반 법규

  • 1925년 1월 1일 이전에 공표된 저작물은 퍼블릭 도메인입니다. "공표"(publication)의 정의에 대해서는 미국 저작권청의 circular 1: Copyright Basics, page 3.[1]를 참조해주세요. 현재의 법적 정의는 1978년 이후부터만 적용되고, 1909년 저작권법에서는 개념 자체는 유사하나 확실하게 정의하지 않았었습니다.
  • 1964년 1월 1일 이전에 공표된 저작물 중 갱신되지 않은 저작권은 퍼블릭 도메인입니다. (스탠퍼드대학교 저작권 갱신 DB에서 도서 검색해보기).
  • 1978년 1월 1일 이전에 공표된 저작물 중 저작권표시("©", "Copyright", "Copr.")가 없고, 공표 연도(경우에 따라서는 생략할 수도 있음)와 저작권자(이명인 경우도 포함)를 나타내지 않은 것은 퍼블릭 도메인입니다.
  • 1978년부터 1989년 3월 1일까지의 기간 동안 공표된 저작물 중 저작권표시가 없는 것은 첫 공표 이후 5년 이내에 저작권이 등록되지 않았다면 퍼블릭 도메인입니다.
  • Works which were first published outside the US (and not subsequently republished in the US within 30 days) on or after January 1, 1925 may be copyrighted in the US by virtue of the URAA (Uruguay Round Agreements Act) even if the work's US copyright previously expired due to a failure to comply with US copyright formalities (copyright renewal and inclusion of a copyright notice.)[2] In general, such works had their US copyright restored if the work was out of copyright in the US due to noncompliance with US formalities but still under copyright in its country of origin on the URAA date. (For most countries, the URAA date is January 1, 1996.) Works first published in the US are not affected by the URAA.
  • The US copyright situation for sound recordings (including those published before 1925) is a special case. Recordings fixed on or after February 15, 1972 are subject to the same copyright rules as other works. Under the Music Modernization Act, which was signed into law in October 2018, recordings fixed prior to February 15, 1972 are subject to a copyright term that depends on when the recording was first published.
  • Recordings that were published prior to 1923 will enter the public domain on January 1, 2022. Recordings that were published from 1923 through 1946 are copyrighted for a period of 100 years after first publication. Recordings that were published from 1947 through 1956 are copyrighted for a period of 110 years after first publication. Recordings that were published after 1956 and first fixed prior to February 15, 1972 will enter the public domain on February 15, 2067. These copyright terms for pre-1972 recordings apply regardless of any formalities (copyright notice, registration with the US copyright office, or copyright renewal.)
  • Works created after January 1, 1978 are protected for 70 years after the death of the creator.
  • Works created before 1978 and first published after or in 1978 are protected for the earlier of 95 years from publication or registration for copyright or 120 years from creation (for anonymous or corporate works) or 70 years after death of the creator for known authors; if it was published in 1978–2001, that copyright is extended to December 31, 2047 if it's shorter. (Thus no works first published with permission of the copyright holder between 1978 and 2001 in the US are out of copyright.)

U.S. copyright law applies in all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, but does not apply in American Samoa. According to the U.S. Copyright Office 17 U.S.C. § 101 (defining use of the term "United States" in the Copyright Act of 1976): "The 'United States', when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government."[3] Of the organized territories, the United States Copyright Office says that: "U.S. federal copyright law applies in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands but not in American Samoa."[4]

Full details of US Copyright Law (Title 17) are published by the U.S. Copyright Office.[5]

미국 정부의 저작물

미국 "연방"정부의 저작물은 퍼블릭 도메인입니다. 이 규정은 미국 내에서 확실하게 유효합니다. 그러나 다른 곳에서는 적용되지 않을 수 있습니다. CENDI 저작권 자주 묻는 질문 목록 3.1.7미국 정부의 설명문, 그리고 이 토론을 참조해주세요.

미국 연방정부 산하 기관인 NASA가 만든 퍼플릭 도메인 작품의 예시
  • 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 some exceptions.
  • This does not include government-funded corporations like Amtrak
  • This does not include works of employees of the USPS, as exempted in 1976 [1]. In particular, the USPS holds exclusive copyright to all US postage stamp designs since 1978 [2] (older US stamps are all considered 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 are in the public domain. The other agencies may hold copyright on some material, including material published on NASA sites (in these cases there will be copyright notices— please look for them to determine copyright status).
  • 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.

Edicts of Government

  • Edicts of government are always public domain in whole or in part and applies to such works whether they are Federal, State, or local as well as to those of foreign governments. This includes judicial opinions, administrative rulings, legislative enactments (laws, statutes), public ordinances, regulations, and similar official legal documents. Precedence is that citizen are expected to understand the law and that there can be no copyright assertion of laws or court decisions. Edicts of government may or may not overlap with works by the U.S. Government.

저작권 틀

단축
COM:TAG United States

참조:Commons:Copyright tags

참조: #US States and Territories

미국 정부

  • {{PD-USGov}} – 미국 연방정부가 창작하여 저작물성이 없는 이미지를 위한 틀
Legislative Branch
농무부
상무부
  • {{PD-USGov-DOC}} – for public domain images from the Department of Commerce.
    • {{PD-USGov-DOC-Census}} – public domain files from the U.S. Census Bureau.
    • {{PD-USGov-NIST}} – for public domain images from the National Institute of Standards and Technology.
    • {{PD-USGov-NOAA}} – for public domain images from the National Oceanic and Atmospheric Administration.
      • {{PD-NWS}} – for public domain media from the National Weather Service.
    • {{PD-US-patent}} – for public domain images released under U.S. patent regulations.
국방부
교육부
에너지부
  • {{PD-USGov-DOE}} – for public domain images from the Department of Energy.
    • {{PD-LosAlamos}} – for DOE public domain images from the Los Alamos National Laboratory.
    • {{PD-USGov-ARM}} – for public domain images from the Atmospheric Radiation Measurement Program.
보건복지부
국토안보부
  • {{PD-USGov-DHS}} – for public domain images from the Department of Homeland Security.
    • {{PD-USCG}} – for public domain images from the U.S. Coast Guard.
    • {{PD-USGov-FEMA}} – for public domain images from the Federal Emergency Management Agency.
주택도시개발부
  • {{PD-USGov-HUD}} – for public domain images from the Department of Housing and Urban Development.
내무부
법무부
노동부
국무부
  • {{PD-USGov-DOS}} – for public domain images from the Department of State.
    • {{PD-USGov-USIA}} – for public domain images from the now-defunct United States Information Agency.
교통부
  • {{PD-USGov-DOT}} – for public domain images from the Department of Transportation.
    • {{PD-USGov-MUTCD}} – for images taken from the Manual on Uniform Traffic Control Devices.
    • {{PD-USGov-FAA}} – for public domain images from Federal Aviation Administration.
    • {{PD-USGov-NTSB}} – for public domain images from the National Transportation Safety Board.
재무부
  • {{PD-USGov-Treasury}} – for public domain images from the Department of the Treasury.
    • {{PD-USGov-money}} – for images of the official currency of the United States that are ineligible for copyright.
보훈부
  • {{PD-USGov-DVA}} – for public domain images from the Department of Veteran Affairs.
독립 기관

미국 의회도서관 퍼블릭 도메인 소장품

참조:Commons:Library of Congress

US States and Territories

Further information: W:WP:PDOMG
Further information: W:Copyright status of work by U.S. subnational governments

Work of Organized Territories has less clear status; the first link in this section shows strong evidence that Puerto Rico's works are in the public domain, while the second link prevaricates.

Miscellaneous

통화

참조:Commons:Currency

동전

Symbol OK.svgOK

Many but not all coins or bills produced by the United States Mint are in the public domain as works of the Federal Government. Some were designed by third parties who assigned rights to the Mint. These are typically commemorative coins for special occasions and the copyright is described in their marketing materials; another example is the obverse of the golden dollar.[4] The status of each coin or bill should be assessed individually.

지폐

Symbol OK.svgOK

"Color illustrations" of banknotes appear to be permitted if they respect the following conditions (from 18 U.S. Code § 504 and 31 CFR § 411.1):

  • the illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated;
  • the illustration is one-sided; and
  • all negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.

Please use {{PD-USGov-money}} for relevant US currency images.

De minimis

참조:Commons:De minimis

The United States courts interpret the de minimis defence in three distinct ways:

  1. Where a technical violation is so trivial that the law will not impose legal consequences;
  2. Where the extent of copying falls below the threshold of substantial similarity (always a required element of actionable copying); and
  3. In connection with fair use (not relevant here, since Commons does not allow fair use images).

It is the first of these that is often of particular concern on Commons.

파노라마의 자유

참조:Commons:파노라마의 자유

✓OK for buildings only {{FoP-US}}

Buildings are works subject to copyright in the U.S. according to 17 USC 102(a)(8) since the Architectural Works Copyright Protection Act was passed in 1990. It applies to all buildings that were completed after December 1, 1990, even if begun before, or where the plans were published after that date.

However, the U.S. federal copyright law explicitly exempts "pictures, paintings, photographs, or other pictorial representations" of copyrighted buildings from the copyright of the building in 17 USC 120(a). Anyone may paint, draw, or photograph buildings from public places. This includes such interior public spaces as lobbies, auditoriums, etc. The creator holds the exclusive copyright to such an image (the architect or owner of the building has no say whatsoever), and may publish the image in any way. 17 USC 120 applies only to architectural works, not to other works of visual art, such as statues or sculptures.

This means that for buildings completed before December 1, 1990, there is complete FoP, without regard to whether the building is visible from a public place, because the building is public domain, except for the plans. For photos of such buildings, the license tag {{PD-US-architecture}} can be used (along with a license tag for the photo.) For buildings completed after December 1, 1990, freedom is given only to photograph such a building. This includes style elements such as gargoyles and pillars, which are protected only from three-dimensional reproduction (Leicester v. Warner Bros.).

Note that copyright applies only to "buildings".

"The term building means structures that are habitable by humans and intended to be both permanent and stationary, such as houses and office buildings, and other permanent and stationary structures designed for human occupancy, including but not limited to churches, museums, gazebos, and garden pavilions."

All such works are copyrighted and, therefore, covered by the FOP exemption only if they are visible from a public place.

"Bridges, cloverleafs, dams, highways or walkways are not ‘buildings’ under the definition of architectural works."

In the U.S., such works do not have a copyright and therefore may be photographed freely, whether or not from a public place. They do have copyrights in many other countries.

Originality requirement

This discussion must be considered qualified by the requirement under US law that a work, including a derivative work, must display originality to be protectable under copyright law. See Feist Publications, Inc., v. Rural Telephone Service Co. in the English Wikipedia. More specifically, in the case of derivative works, it has been held, in Durham Industries, Inc. v. Tomy Corp.[8] and earlier in L. Batlin & Son, Inc. v. Snyder.[9] that a derivative work must be original relative to the underlying work on which it is based. Otherwise, it cannot enjoy copyright protection and copying it will not infringe any copyright of the derivative work itself (although copying it may infringe the copyright, if any, of the underlying work on which the derivative work was based). For further discussion of this issue, see the Wikipedia article Derivative work.

For a legal discussion, see Wikilegal/Pictorial Representations Architectural Works.

Artworks and sculptures X mark.svg Not OK.

For artworks, even if permanently installed in public places, the U.S. copyright law has no similar exception, and any publication of an image of a copyrighted artwork thus is subject to the approval of the copyright holder of the artwork. However, public artwork installed before 1925 is considered to be public domain, and can be photographed freely. In addition, any public artwork installed before 1978 without a copyright notice is also in the public domain (unless the copyright owner actively prevented anyone from copying or photographing the work until 1978). In these situations, document the date of installation and the creator (sculptor) of the pictured work as much as possible. (A good resource for finding information about U.S. sculptures is the Smithsonian Art Inventories Catalog.)

Applicable templates:

The line of argument that a large sculpture or memorial is a building and therefore covered by the FOP exemption was specifically rejected in Federal claims court (Gaylord v. The United States, 2008), which noted that the building exemption to the Architectural Works Copyright Protection Act (AWCPA) does not extend to "The Column" sculpture in the Korean War Veterans Memorial because "[t]he structures used in the definition of 'building' by the Copyright Office are intended to house individuals; either for the sake of providing shelter or for another purpose such as religious services."[5] While the court ruled in favor of the defendant under a fair use rationale it was later overturned in favor of the plaintiff; the photograph was deemed a derivative work. The court also contended that had Congress intended to extend the AWCPA to monuments and memorials, the law would have been drafted to reflect that in the first place.

For further legal discussion, see Wikilegal/Copyright of Images of Memorials in the US.

For further information, refer to Commons:Public art and copyrights in the US and the following resources:

For foreign works considered under US law: use {{Not-free-US-FOP}}.

Foreign works from countries that have a relevant freedom of panorama may fall under US law for copyright issues within the US. Under the choice-of-law principle lex loci protectionis U.S. courts might apply U.S. freedom-of-panorama standards in such cases, rather than the standards of the source country. However, in practice it is unsettled whether and how this approach would be applied in real-world U.S. legal cases involving freedom-of-panorama elements.

See {{Not-free-US-FOP}} and Commons:Requests for comment/Non-US Freedom of Panorama under US copyright law. 참조:Category:United States FOP cases

우표

참조:Commons:Stamps/Public domain

1978년 이전

퍼블릭 도메인, {{PD-USGov}} 틀을 사용해주세요

미국 법전(U.S.C.) 제17편 (출처: 미국 우정청) :

  • 1977년 12월 31일 전에 발행된 경우 퍼블릭 도메인
1978년부터

저작권 존재

1978년 1월 1일(1976년 저작권법이 시행된 날) 이후에는 미국 우정청이 저작권자입니다.[10] 이용을 위해서는 문서로 된 허가가 필요합니다.[11].

Threshold of originality

These images are ✓OK to upload to Commons, because they are below the threshold of originality required for copyright protection.

Despite repeated requests, the U.S. Copyright Office found the Vodafone speechmark (shaded version) ineligible for copyright protection. It can however not be uploaded to Commons because it's a UK logo.

These are X mark.svg Not OK to upload to Commons (unless published under a free license by the copyright holder), because they are above the threshold of originality required for copyright protection.

Citations

External links

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. 참조:Commons:General disclaimer