Commons:Copyright rules by territory/Gambia

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

Background

The Gambia was colonized by the British in 1765. The country gained independence in 1965.

The Gambia has been a member of the Berne Convention since 7 March 1993 and the World Trade Organization since 23 September 1996.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2004 as the main IP law enacted by the legislature of the Gambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

Under the the Copyright Act of 2004,

  • The economic right and moral right of an author shall be protected during the life of the author and for 50 years after his or her death.[2004 Section 21(1)]
  • The economic right or moral right are protected for a work of joint authorship, during the life of the last surviving author and for fifty years after his or her death.[2004 Section 21(2a)]
  • The rights to a collective work, other than a work of applied art, are protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.[2004 Section 21(2b)]
  • A work published anonymously or under a pseudonym is protected for 50 years from the date on which the work was made, first made available to the public or first published, whichever date is the latest.[2004 Section 21(2c)]
  • A work of applied art is protected for 25 years from the making of the work.[2004 Section 21(2d)]
  • Where the copyright in a work is owned by a public corporation or other body corporate, the term of protection shall be 50 years from the date on which the work was made public.[2004 Section 22]
  • For an audiovisual work, a sound recording or broadcast, the rights are protected until the expiration of 50 years from the date of the making of the work, or where the work is made available to the public during that period with the consent of the author, until the expiration of fifty years from the date of its communication to the public.[2004 Section 23]
  • For a photographic work, the rights of the author are protected until expiration of 50 years from the date of the making of the work.[2004 Section 25]

Every period above runs to the end of the calendar year in which it would otherwise expire.[2004 Section 21(3)]

Folklore: not free

"Expression of folklore" means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including (a) folktale, folk poetry and folk riddle; (b) folk song and instrumental folk music; (c) folk dance and folk play; and (d) production of folk art, in particular, drawing, painting, carving, sculpture, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, handicraft, costume and indigenous textile.[2004 Section 2]

An expression of folklore is protected by copyright against ­(a) reproduction; (b) communication to the public by performance, broadcasting. distribution bv cable or other means; and (c) adaptation. translation and other transformation, when the expression is made either for commercial purposes or outside a traditional or customary context.[2004 Section 8(1)] The right to authorise such an act shall vest in the Secretary of State on behalf of and in trust for the people of The Gambia.[2004 Section 8(4)] The rights vested in the Secretary of State on behalf of and in trust for the people of The Gambia in respect of expression of folklore under section 8 exist in perpetuity.[2004 Section 26]

Freedom of panorama

Shortcut
COM:FOP Gambia

See also: Commons:Freedom of panorama

X mark.svg Not OK The 2004 copyright act of Gambia does not contain any special provision in regard to the works displayed in public premises.

Citations

  1. a b Gambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright Act, 2004. Gambia (2004). Retrieved on 2018-11-04.
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