Commons:PD-signature タグを適用する場合
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このページの要旨： There is no legislation or precedent that deals specifically with signatures. Common sense must be used:
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This page explains when to use {{PD-signature}}.
The {{PD-signature}} template is used to tag a scan or photograph of an individual's personal signature when that signature is considered ineligible for copyright protection both in the US and under local law. As with most content on Commons, the image can be kept only if it is public domain or available under a free licence both under US and under local law. US law does not grant copyright for typical personal signatures, so the only issue will usually be whether the signature is protected under local law.
This tag does not apply to signatures that are out of copyright due to their age, for example where the author died more than 70 years ago (or whatever the local copyright term may be). Simply use a tag such as {{PD-Old}} instead.
In many—but not all—countries, a typical signature is not considered sufficiently original to be granted copyright protection.
In all cases, judgement has to be used, as there is no absolute rule that defines whether a signature is or is not capable of copyright protection. Countries which typically do not grant copyright to signatures may do so if the signature is sufficiently complex to become a protectable artistic work (akin to a non-trivial drawing); on the other hand, countries which typically do grant copyright may not do so if the signature is extremely simple (e.g. a scribbled line or two).
It may not always be evident which country's law applies to a particular signature (and this may be a difficult legal question), but taking the individual's country of nationality would be a good start.
United States
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アメリカ合衆国
情報がありません
Civil law countries
Civil law countries require a relatively high minimum level of intellectual creativity which will exclude typical signatures from copyright protection.
If you are aware of specific caselaw or legal advice on this issue in any country, please add an entry below.
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ドイツ
情報がありません
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中国
情報がありません
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日本
情報がありません
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ヨルダン
情報がありません
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ペルー
OK for a typical signature. Because calligraphies consist of trivial mechanical processes that do not involve artistic and literary efforts, they do not pass the threshold of originality due to the lack of reasonable creative and individual transmission during their process ("mera naturaleza de las cosas").[1] On Resolution No. 0286-1998/TPI-INDECOPI explains the differences between a creative work and a trivial work, therefore not all creations are authentic and not are subject for their protection.[2] Also, Resolution No. 0148-2008/TPI-INDECOPI sets to the drawings of common use cannot pass the attributes of individuality, making the signatures look the same as the concept of uncopyrighted drawings.
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ロシア
◯ . Signature used for expression of will, for identification, or in similar cases is a legal or technical tool, it is not work of science, literature, or art, so it is not copyrightable.
Depend on case. Signature used for other purposes can be protected depending on its creativity.
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大韓民国
情報がありません
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中華民国
Not OK: This government regulation (archived from original) lists handwriting and calligraphy as examples of artistic works that are subject to copyright protection.
Common law countries
Most Common law countries use a "skill and labour" test to determine the minimum level of originality capable of attracting copyright protection, and in some countries such as the UK the required level is extremely low. Without some research into individual laws, it cannot be assumed that a signature from a Common law country is necessarily allowed on Commons. If there is real doubt about the position a local court would take, then the image must be deleted under the precautionary principle.
If the signature is extremely simple (e.g. a scribbled line or two), it will not be copyright even in Common law countries.
If you are aware of specific caselaw or legal advice on this issue in any country, please add an entry below.
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イギリス
for a typical signature. The level of originality required for copyright protection in the United Kingdom is very low, and it is easily arguable that personal signatures are entitled to copyright protection. Under United Kingdom law, a signature may be protectable as a graphic work (a type of artistic work). Artistic works are protected regardless of artistic merit. There are various sources that point in that direction, including the following:
- The practitioners' text Copinger and Skone James on Copyright mentions, at para. 2-23, an unreported decision that a signature combined with an (apparently copyrighted) shield device can be accorded artistic copyright.
- Professor Charles Oppenheim of de Montfort University: "graphic works, photographs, sculptures and collages are protected regardless of artistic merit. Your signature is an artistic work, as you always suspected" See presentation of Joint Information Systems Committee (JISC).
- Sallie Spilsbury, Media Law, 2000, p. 439: An individual's signature may be protected under law as an artistic work. If so, the unauthorised reproduction of the signature will infringe copyright. The name itself will not be protected by copyright; it is the appearance of the signature which is protected.
- Alan Story LLM, in "Owning Diana: From People's Princess to Private Property" accepts it is that possible ("though debatable") that there may be copyright in Diana's signature as an original artistic work. This is of interest, in that Story accepts this even though he is writing from an anti-protectionist angle.
- The E. Chambré Hardman Archive Copyright Clinic page states that "Somebody’s signature is also thought of as an artistic work, rather than a literary work."
Unless further legal commentary or caselaw to the contrary becomes available, the UK position is that typical personal signatures are arguably entitled to protection under local law, and generally UK signatures should be deleted under the precautionary principle. However, if the signature is extremely simple (eg a scribbled line or two), it will not be copyright even in the UK.
How to use the PD-signature tag
You can apply the tag {{PD-signature}} to a photograph or scan of a personal signature provided that:
- The signature is highly likely to fall below the threshold of originality for protection in the US; and
- It is highly likely to fall below the threshold of originality for the stated country. (If the signature is of "typical" complexity/creativity, it should be assumed free in Civil law countries and unfree in Common law countries for which no specific country rule is listed above); and
- You explicitly state as a parameter to the tag which country's law is relevant, (e.g. the individual's country of nationality).
Note that you must specify a country, so that a judgement can be made as the minimum level of originality required under local law. If no country is stated, or if the signature is arguably complex/creative enough to attract copyright then the image cannot be assumed free and will be deleted under the precautionary principle.
Signatures and trademark protection
In many countries, a signature is capable of being protected as a trademark. However, even where a signature is protected by trademark laws it can still be hosted here: see Commons:Non-copyright restrictions. If you know that a particular signature is trademark-protected, you can add the {{Trademark}} disclaimer as well as the {{PD-signature}} tag.
Reuse of signature images
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- ↑ Enrique, Cavero Safra (july 2015). "El concepto de originalidad en el derecho de autor peruano". Forsetti (5): 113-127. ISSN 2312-3583. Retrieved on 2021-08-20.
- ↑ Ministry of Justice (2015). "Precedentes y normativa del Indecopi en Propiedad Intelectual". Indecopi. ISSN 2409-7667.