共享资源:各地著作权法规/美国

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This page is a translated version of a page Commons:Copyright rules by territory/United States and the translation is 36% 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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除音频作品以外,在美国首次发表的作品的美国版权
首次发表年
注意:发表并非创作
版权期限
  • 1925年以前
  • 1925~63年间:没有通知,或虽然有通知,但在首次发表28年内未回溯
  • 1967~77年间:没有通知
  • 1978年至1989年3月1日间:没有通知,且在首次发表5年内没有注册
作品已进入美国公有领域
  • 1925~63年间:有通知且已回溯
  • 1964~77年间:有通知
在首次发表后95年间受版权保护
  • 1978年至1989年3月1日间:1978年前创作的作品有通知,或虽未通知,但在首次发表5年内有注册
  • 1989年3月2日至2002年间:1978年前创作
  • 如果作者已知,受版权保护直至作者死后70年或2047年12月31日,以较晚者为准。
  • 如果作者未知,或是法人作者,则为首次发表后95年或创作后120年,以较早者为准,但不早于2047年12月31日。
  • 1978年至1989年3月1日间:1977年后创作的作品有通知,或虽未通知,但在首次发表5年内有注册
  • 1989年3月2日至2002年间:1977年后创作
  • 2003年前未发表的作品(即首次发表在2002年后)
  • 如果作者已知,受版权保护直至作者死后70年。
  • 如果作者未知,或是法人作者,则为首次发表后95年或创作后120年,以较早者为准。

This page provides an overview of copyright rules of the United States relevant to uploading works into Wikimedia Commons.

一般规则

  • 任何发表于1925年1月1日之前的作品都是公有领域。对于“发表”的定义,可参考美国版权局传令1:版权的基础]第3页。[1]这个现代定义只对1978年及以后有效,因为1909年版权法案没有明确定义它,虽然概念是类似的。
  • 任何发表于1964年1月1日之前,且版权并未执行回溯的作品都是公有领域(可参考斯坦福大学版权回溯数据库以检索相关书籍)。
  • 任何发表于1978年1月1日之前,且并未标记版权标识(“©”、“Copyright”或“Copr.”)、发表年份(可能在一些个案中予以忽略)及版权所有者(或其笔名)的作品也是公有领域。
  • 任何发表于1978年或之后,但在1989年3月1日之前的,没有版权标识的作品是公有领域,除非作品的版权在其原始发表之日起5年内注册。
  • 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]

Works by the US Government

A work by the U.S. federal Government is in the public domain. This applies certainly within the United States; it may, however, not apply in other jurisdictions. See the CENDI Copyright FAQ list, 3.1.7, the U.S. Government's own statement to that effect, but also this discussion.

Example of public domain work created by NASA, a U.S. federal government agency
  • 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.

政府法令

  • 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.

版权标签

快捷方式
COM:TAG United States

参见:Commons:著作权标签

  • {{PD-US}} – 属于美国的公有领域图片(1923年以前出版的,或其他不受美国版权法律保护的)。
  • {{PD-US-expired}} – published anywhere before 1925 and public domain in the U.S. (preferred over {{PD-US}})
  • {{PD-1996}} – public domain in a source country on January 1, 1996 and in the U.S.
  • {{PD-US-not renewed}} – published and copyrighted in the United States between 1925 and 1963, with its copyright not renewed
  • {{PD-US-no notice}} – published in the U.S. between 1925 and 1978 but without copyright notice
  • {{PD-US-no notice advertisement}} – any advertisement published in the U.S. prior to 1978 in a collective work without a copyright notice specific to the advertisement
  • {{PD-US-1978-89}} – published in the United States between 1978 and March 1, 1989 but with neither copyright notice nor registration within 5 years
  • {{PD-US-unpublished}} – never published anywhere prior to 2003
  • {{PD-US-record}} – for sound recordings that were first fixed prior to February 15, 1972

See also #US States and Territories

美国政府部门

Shortcut
COM:USGOV
  • {{PD-USGov}}——对于美国联邦政府创作,且不属于版权保护范围的图片。
立法部门
农业部
商务部
  • {{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}} – 美国国家海洋大气局的图片属于公有领域。
      • {{PD-NWS}} – for public domain media from the National Weather Service.
    • {{PD-US-patent}} – for public domain images released under U.S. patent regulations.
国防部
教育部
  • {{PD-USGov-ED}} – for public domain images from the Department of Education.
能源部
  • {{PD-USGov-DOE}} – 美国能源部的图片属于公有领域。
    • {{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.
卫生与公众服务部
  • {{PD-USGov-HHS}} – for public domain images from the Department of Health and Human Services.
    • {{PD-USGov-HHS-CDC}} – for public domain images from the Centers for Disease Control and Prevention.
      • {{PD-USGov-HHS-NIOSH}} – for public domain images from the National Institute for Occupational Safety and Health.
国土安全部
  • {{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.
住房和城市发展部
  • {{PD-USGov-HUD}} – for public domain images from the Department of Housing and Urban Development.
内政部
司法部
劳工部
国务院
  • {{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.
运输部
  • {{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.
财政部
  • {{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.
退伍军人事务部
  • {{PD-USGov-DVA}} – for public domain images from the Department of Veteran Affairs.
独立机构
  • {{PD-USGov-NSF}} – for public domain images from the National Science Foundation.
  • {{PD-USGov-POTUS}} – for public domain images from the Executive Office of the President of the United States.
  • {{PD-USGov-SI}} – for public domain images from the Smithsonian Institution
  • {{PD-USGov-USAID}} – 美国国际发展署的图片属于公有领域。
  • {{PD-USGov-USTR}} – for public domain images from the Office of the United States Trade Representative.
  • {{PD-USGov-WPA}} – for public domain images from the defunct Works Progress Administration.
  • {{PD-USGov-TVA}} – for public domain images from the Tennessee Valley Authority.
  • {{PD-DCGov}} – for public domain images from the District of Columbia.
  • {{PD-USGov-Award}} – for an image of an award or decoration of an agency of the federal government of the United States.

美国国会图书馆的公有领域收藏品

参见:Commons:Library of Congress

美国各州和海外领地

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.

杂项

货币

快捷方式
COM:CUR United States

参见:共享资源:货币

硬币

Symbol OK.svg可以

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.

纸币

Symbol OK.svg可以

"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.

微不足道

快捷方式
COM:DM United States

参见: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.

全景自由

快捷方式
COM:FOP US

参见:共享资源:全景自由

✓OK仅限建筑物{{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.

原创性要求

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.

艺术品和雕塑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. 参见:Category:United States FOP cases

邮票

参见:Commons:Stamps/Public domain

1978年之前

公有领域使用{{PD-USGov}}

Title 17 of the United States Code (source : en:United States Postal Service) :

  • public domain if issued before 31 December 1977
1978年及之后

受版权保护

Copyrighted by the United States Postal Service after 1 January 1978 (the date on which the Copyright Act of 1976 went into effect).[10] Written permission is needed[11].

原创门槛

Shortcuts
COM:TOO US
COM:TOO United States
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.

引用

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. 参见:共享资源:免责声明