User:Prevert/Licenzas

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A páxina Commons:Licenzas intenta ofrecer, ás persoas non expertas en leis, unha visión xeral das complexas leis do copyright mediante un tutorial con exemplos. Axudar a determinar se a carga de certa imaxe ou ficheiro multimedia pode realizarse en Wikimedia Commons de acordo coas directrices deste wiki.

Wikimedia Commons só acepta contido libre, isto quere dicir, imaxes e outro contido multimedia que poda usarse por calquera, para calquera próposito (con frecuencia, coa condición de que a liberdade de uso do contido se manteña). Os detalles explícanse a continuación. Wikimedia Commons non acepta fair use; vexa aquí os motivos. Commons tampouco acepta contido de uso exclusivo non-comercial.

A licenza que se aplica a unha imaxe ou ficheiro multimedia debe indicarse, claramente, na páxina de descrición da imaxe mediante un marcador de copyright. Toda a información precisa baixo esa licenza debe incluirse na páxina de descrición da imaxe. Esa información debe ser suficiente para que outros colaboradores poidan verificar o status da licenza. O procedemento máis axeitado é incluir no campo summary (resumo en galego) do formulario de carga toda a información.

Contents

Licenzas aceptables[edit]

Todo o material dispoñible en Commons debe estar baixo unha licenza libre que permita a calquera usar o material para calquera próposito (vexa tamén Commons:Criteria for inclusion). En particular, a licenza debe cumprir as seguintes condicións:

  • Republicar e distribuir debe permitirse
  • Publicar obras derivadas debe permitirse
  • Uso comercial da obra debe permitirse
  • Recoñecemento de todos os autores/contribuíntes a unha obra pode esixirse.
  • Publicar a obra deriva baixo a mesma licenza pode esixirse.
  • Usar formatos de ficheiro de código aberto libres de restricións na administración de dereitos pode esixirse.

As seguintes restricións non deben aplicarse a unha imaxe ou ficheiro multimedia:

  • Use by Wikimedia only (the only non-free-licensed exceptions hosted here as well are Wikimedia logos and other designs copyrighted by the Wikimedia Foundation that are the trademarks, service marks or other design elements that identify the sites of the various projects of the Wikimedia Foundation)
  • Noncommercial/Educational use only
  • Use under fair use restrictions
  • Notification of the creator required, rather than requested, for all or for some uses

En particular, as seguintes imaxes non están permitidas:

  • Capturas de pantalla (Screenshots) de programas que non estean biaxo unha licenza libre. Capturas de pantalla de programas coa licenza GPL ou outra licenza libre semellante xeralmente consideranse permitidas.
  • Escaneados ou reprodución de fotografías de material gráfico con copyrighted, en particular portadas de libros e materiais análogos.
  • Logotipos, símbolos de marcas, etc

Por suposto, acéptanse en Commons todas aquelas obras as que non se lle aplica o copyright (é dicir, no dominio público). Non obstante en certos países non está claro que material está no dominio público, mentres noutros si se sabe con seguridade. Por faver lea con atención a sección adicada ao dominio público que ven a continuación.

Multi-licenzas[edit]

Vostede pode utilizar cantas licenzas queira para un ficheiro sempre que unha delas cumpra os criterios sinalados antes.

Licenzas de uso común[edit]

As seguintes licenzas de uso común prefírense para os materiais publicados en Commons:

Vexa Commons:Copyright tags para unha relación completa.

Aviso: A licenza GFDL non resulta práctica para imaxes e textos curtos, en especial para medios impresos, porque esixe que a licenza completa se publique xunto coa imaxe ou o texto. Por iso, prefírese unha licenza dupla que permite un uso máis sinxelo, como cando se engade unha licenza Creative Commons á licenza GFDL pre-existente.

As seguintes licenzas son de uso moi estendido pero non están permitidas (a non ser, por suposto, que o ficheiro tamén teña unha licenza libre):

  • Creative Commons Non-Commercial Only (-NC) licenses
  • Creative Commons No-Derivatives (-ND) licenses
  • Uso do material baixo a claúsula de fair use ou outra lei semellante (vexa a explicación abaixo).

Información da Licenza[edit]

Exemplo dunha imaxe que inclúe a información detallada recomendada (vexa a páxina da imaxe)

Todas as páxinas de descrición en Commons deben indicar claramente baixo que licenza están publicados os materiais, e deben conter a información precisa para esa licenza (autor, etc), asi mesmo teñen que conter información suficiente para que outros usuarios poidan verificar a licenza (identificando a fonte).

A seguinte información específica sempre ten que ser incluída na páxina de descrición, inlcuso se a licenza en cuestión non o require:

  • A descrición do contido da imaxe ou ficheiro multimedia. Descrición da imaxe, onde, que, quen? Isto é importante para que todo o mundo saiba o que vai ver ou ouvir en realidade. En especial é importante para os datos científicos como p.e. imaxes de satélite en falsa cor.
  • O autor/creador da imaxe ou ficheiro multimedia. Para ficheiros multimedia no dominio público —aquelas nas que o copyright tivera expirado— a data da morte do autor tamén é esencial (vexa a sección acerca do material no dominio público a continuación).
  • A fonte do material, preferentemente un enlace ou unha cita. É obvio que isto non é aplicable a aquel material que se publique por primeira vez en Commons polo seu autor, sendo este quen cargue as imaxes aquí. Pero si debe indicarse expresamente.

Outra información de menos importancia, pero que suministrase si está dispoñible:

  • A data e lugar de creación. Para obras multimedia no dominio público porque o copyright expirara, a data de creación é esencial (vexa a sección acerca do material no dominio público a continuación).

Estes puntos da descrición poden incluirse usando o modelo información. Para o uso dese modelo vexa Commons:Criteria for inclusion.

Vexa tamén Commons:Incomplete license.

Ámbito de uso da licenza[edit]

Teña en conta que algúns casos, un documento (ficheiro multimedia) debe contemplar múltiples aspectos que poden e teñen que ser licenciados: cada persoa que contribúe a unha parte esencial da obra ten dereitos sobre o resultado, e todos teñen que poñer a disposición dos usuarios o seu traballo baixo unha licenza libre. Non obstante, os matices sobre o licenciamente ás veces non están moi claros e difiren dun país a outro. Aquí inclúense varios exemplos para clarificalo:

  • Para a gravación dunha canción, deben considerarse os seguintes aspectos, cada un deles debe estar baixo unha licenza libre (ou no dominio público):
    • A partitura da música (dereitos para o compositor)
    • A letra da canción (dereitos para o escritor)
    • A interpretación (dereitos para os músicos, cantantes, etc)
    • A gravación (dereitos para o equipo técnico / compañia de gravación)
  • Para unha dunha obra de arte (tamén portadas de libros e semellantes), algo parecido:
    • O creador da obra de arte orixinal ten dereitos sobre o resultado.
    • O fotógrafo ten dereitos sobre a fotografía.
  • Para unha fotografía do interior dun edificio, teña en conta que nalgúns países o arquitecto pode ter dereitos no caso de que o edificio teña rasgos arquitectónicos característicos distintivos (isto é válido para Alemaña).
  • Para unha fotografía do exterior dun edificio, teña en conta que o arquitecto pode ter certos dereitos; nalgúns países, iso só se aplica se a imaxe se realiza desde un lugar que non sexa público (Alemaña, Austria), pero noutros aplícase independentemente do lugar desde onde se realiza a fotografía (Francia).

This is often problematic, if the artwork is not the primary content of the image or is not clearly recognizable: In that case, usually only the creator of the resulting picture (recording, etc) holds a copyright. For instance, when taking a photograph of a group of people in a museum, the photo may also show some painting on the walls. In that case the copyright of those painting does not have to be taken into account. The distinction however is not very clear.

Note that the License for all aspects has to be determined and mentioned explicitly.

Exemplo da reprodución dunha obra de arte no dominio público porque o copyright expirou

Also note that reproductions are usually not eligible to copyright: The creator of a scan of a picture owns no copyright to the resulting digital image, the scan needs no license. The only license important in that case is the one of the original picture. This also applies to screenshots, see the section about screenshots below.

Material no dominio público[edit]

The commons accept material that is in the public domain, that is, documents that are not eligible to copyright or for which the copyright has expired. A general thumb is that material enters the public domain after the creator of the work has been dead for more than 70 - or in the US, 95 - years. If a non-American author died before 1935, their work can safely be assumed to be in the public domain. If the work is anonymous or a collaborate work (e.g. an encyclopaedia), it is, according to the Berne convention, in the public domain 70 years after the date of publication.

However, the year and location of publication is essential. In several countries, material published before a certain year is in the public domain. In the U.S. this date is January 1, 1923; in the former Soviet Union, before May 27, 1973. Furthermore, in some countries all material published by the government is public domain, while others claim some copyrights, yet others are very restrictive (See country specific details below).

In general, if something was created and first published in one country, that country's laws probably apply. But the details of copyright law are further complicated because international laws and treaties have to be taken into account, and in some well-known cases, material is in the public domain in one country, yet claimed copyright of in another.

In some jurisdictions (like the United States), you can also explicitly donate work you have created yourself to the public domain. In other places (like the European Union) this is technically not possible, but you can grant an unlimited license instead. See Commons:Donate to the public domain for details.

Material acollido a claúsula fair use non está permitido en Commons[edit]

The Wikimedia Commons does not accept fair use content, because fair use laws vary from country to country - thus, content deemed acceptable under, for instance, US fair use concepts (which are very broad) is not usable in the majority of other countries.

Also, fair use depends on the context the image (or other media) is used in. That is, something that can be used on one page as fair use would be a copyright violation on another page. Especially, fair use does not allow collecting and distributing the images in a media database such as the commons. This means that fair use simply does not apply to the commons.

Both issues are against the commons policy to provide images that can be used by anyone anywhere for any purpose.

You are, however, welcome to submit such images to your local Wiki, if it allows fair use.

Capturas de pantalla (Screenshots)[edit]

Captura de pantalla da demo dun programa licenciado como CC-BY-SA polos seus autores

Screenshots are copyrighted if the displayed program or operating system is copyrighted. For a detailed discussion see aquí. Thus, screenshots can not be used on the commons unless all components, programs and data shown in them are under some free license. As an example, Microsoft's guidelines do not allow derivatives (see aquí). This means that the use of screenshots of Microsoft products would go against commons policy.

Note that the screenshot may be published under this free license only if all the images used for the program GUI have a free license. If, for example, all of them are PD then the screenshot must be PD too because the creative work of creating a screenshot is zero. If the screenshot contains icons or content of nonfree sites, the screenshot is not free. See the reply to a message to debian-legal@lists.debian.org posted by User:Paddy on debian-legal@lists.debian.org: reply 1

Thus, if the programmers do not agree to publish the program under a free license, and they do not explicitly license the screenshot (or all screenshots) under a free license, the screenshot is not free. This may not be true in all jurisdictions, but holds at least in the U.S. (due to Bridgeman Art Library v. Corel Corp.), in Germany (see Bildrechte in German Wikipedia), and probably all other countries of the European Union.

In some cases the program itself is a work of art - an example would be a demo (such as that illustrated above with the panda bear). Screenshots of such works are free if the program itself is free.

There may be exceptions to this if the screenshot shows only a work that was created using some program, not the program itself. This is especially true for fonts, which in some cases are considered programs.

Screenshot of the Free Software GPL licensed program Konqueror showing GFDL licensed Wikipedia main page

Para crear unha imaxe libre de captura de pantalla:

  1. Use a free program with a completely free skin. (A KDE Program using crystal images is an example)
  2. Cut away all possibly copyrighted stuff. Just show the content.
  3. The content of the screenshot must be free too. Make sure the screenshot does not contain trademarks, unfree text or images, or anything else that the general public does not have permission to make free use of.

Please tag screenshots that shown only free content with {{free screenshot}} in addition to an appropriate copyright tag. You should also indicate under what free license the program is.

Obras derivadas[edit]

You want a picture of Mickey Mouse, but of course you can't just scan it in. Why not take a picture of a little action figure and then upload it? Don't. The reason why you can't upload photographs of such figures is that they are considered as derivative works. Such works can't be published without permission of the original creator.

The US Copyright Act of 1976, Section 101, says: "A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”." A photograph of a copyrighted item is considered a derivative work in US jurisdiction. US Copyright Act of 1976, Section 106: "(...) (T)he owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (...) (2) to prepare derivative works based upon the copyrighted work;"

Therefore, "unauthorized" derivative works like pictures of action figures, toys etc. must be deleted.

Interacción entre a lexislación sobre o Copyright dos Estados Unidos e a lesxilación Internacional sobre o Copyright[edit]

It is important to remember when uploading a material from a country outside the United States that the copyright laws of both that country and the United States apply to the upload. Beyond that if material that has been saved from a third party website is uploaded to Commons then the copyright laws of the United States, the country of residence of the uploader and the country of location of the webservers of the website apply. Consequently any licence to use the material should apply in all jurisdictions relevant and if the material is in the public domain in order for it to be allowable on Commons it must be in the public domain in all jurisdictions relevant.

For example, if a person in the United Kingdom uploads a picture that has been saved off a French website to the Commons server the upload is covered by UK, French and US copyright law. In order for a photograph to be acceptable for upload to Commons it must be public domain in France, the United Kingdom and the United States, or there must be an acceptable copyright licence for the photograph which covers the UK, US and France.

Lista de comprobacións[edit]

Let's assume you took a picture with your camera, or you've scanned it from somewhere, or you've downloaded it off a web server - and want to upload it to Wikimedia Commons. How do you know what's OK and what's not? Here's a simple chart that helps you decide. In cases of doubt, read the further advice for your country first. If you still don't know for sure, ask on Commons:Help desk or Commons:Village pump in your local language.

Definitely OK:

Fotografías propias de:

  • Natureza (forest, sky, etc.)
  • Animais (cats, dogs, etc.)
  • Insectos (ants, beetles, etc.)
  • Persoas que deran o seu consentemento
  • Vostede mesmo (as long as you don't use this as your private webspace)
  • Obxectos that are PD by age both in the United States and your jurisdiction:
    • Edificios built by an architect who died 70+ (preferrably 100+) years ago
    • Obras de Arte created by an artist who died 70+ (preferrably 100+) years ago
    • Libros by authors who died 70+ (preferrably 100+) years ago

Escaneados propios de:

  • Material where copyright has expired in your jurisdiction and the United States.

Material from web servers:

  • Material where copyright has expired in your jurisdiction, the United States and the jurisdiction of the web server.

Questionable, may or may not be OK:

All kinds of copyrighted material:

  • Logos (only very simple designs are OK)
  • Cars
  • Products of daily use (simple designs are OK)
  • Book covers (only very simple designs are OK)
  • Buildings built by an architect who died less than 70 years ago (or is still alive)
  • Permanently installed works of art in a public place, created by an artist who died less than 70 years ago (or is still alive)
  • Interiors of private houses, homes, museums
  • Screenshots (see Screenshots)
  • Celebrities

Definitely not OK

  • Fair use images
  • Fan art that closely resembles copyrighted material
  • Photographs of normal people who have not given their consent
  • Photographs, drawings, scans and other reproductions of objects that are copyrighted by someone other than yourself like the following:
    • Works that are not permanently installed, created by an artist who died less than 70 years ago (or is still alive)
    • Action figures, statuettes, costumes and other copyrighted material (see Derivative Works)

Leis internacionais[edit]

Convenio de Berna[edit]

Almost all countries in the world are party to the en:Berne Convention for the Protection of Literary and Artistic Works (see aquí for the text). Following this convention, countries enforce copyrights from other countries, according to certain rules. One consequence of these rules is that we should always care about the laws of the country of origin of the work.

Most important is artigo 7, which sets the term of duration of the protections granted by the Convention. The Convention sets a minimal term of 50 years after the life of the authors (subject to some exceptions). However, each country is free to set longer terms.

In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.

Leis europeas do copyright[edit]

The Unión Europea has issued directives harmonizing copyright rules in the European Union (see Copyright law of the European Union). Note, however, that directives, unlike European regulations, do not apply uniformly. They have to be transposed into national law by each country's legislature, and they often offer significant leeway in doing so. This is, for instance, the case for the legal exemptions of copyright (equivalent of "fair use"), which are allowed to differ within certain limits.

The most important, for our purposes, is the Directive on harmonising the term of copyright protection (text). This directive sets the duration of copyright to 70 years following the death of the author (for multiple authors, of the last author; for collective, pseudonymous or anonymous works, following the date of publication).

However, this directive does not shorten already running extended copyright terms in countries that apply them. This means, for instance, that the copyright extensions that France granted to compensate wars still apply (see below).


Lexislación específica por país[edit]

Laws about copyright differ from country to country. Generally, the commons try to apply a policy that only allows images that can be used on all (or at least most) countries. The laws of individual countries differ especially in the following points:

  • The time for which a copyright applies. In most countries, copyright expires no later than 70 years after the death of the author.
  • Status of works of the government. In many (but not all) countries, documents published by the government for official use are in the public domain.
  • Material applicable for copyright. In some jurisdictions, pictures of artistic work like architecture, sculpures, clothing etc. can not be used freely without the consent of the creator of the original artwork.

So in order to find a resonable way within the complicated international aspects of national copyright law terms there is a golden rule:

  • The copyright of the nation where the image was first published gets applied to that image (and this country-specific law decides if we consider the image as public domain in general or not).
  • So e.g. in case of a painting that was published in France please do not apply e.g. US-American copyright laws but French copyright laws to determine if this image can be considered public domain.

Relevant country-specific differences in the duration of copyright (from 70 years pma) and exceptions of the application of copyright are discussed below (countries are listed in alphabetical order):

Países Árabes[edit]

As leis atopánse en Arab Committee for Protecting Intellectual Property e Arab Law Group Organization

Alxeria[edit]

A lei alxeriana di que as fotografías e películas están protexidas durante 50 anos contados a apartir do fin do anno en que foran publicadas, despois do cal pasan ao dominio público.

Exipto[edit]

A lei exipcia di que as fotografías están protexidas durante 15 anos contados a partir do comezo do ano de publicación, despois do cal pasan ao dominio público.

Iraq[edit]

A lei iraquí di que as fotografías están protexidas durante 5 anos, contados a partir do comezo do anos de publicación, despois do cal pasan ao dominio público..

Xordania[edit]

A lei xordana states that photos and two dimensional artistic works are protected for 25 years starting from the end of the publication year, after which they are in public domain.

Kuwait[edit]

A lei kuwaití states that photos, films and two dimensional artistic works are protected for 50 years starting from the end of the publication year, after which they are in public domain.

Líbano[edit]

A lei libanesa states that photos and two dimensional artistic works are protected for 50 years starting from the end of the publication year, after which they should be under Creative Commons Attribution 2.5.

Marrocos[edit]

A lei marroquí states that photos and films are Protected for 50 years starting from the end of the publication year, after which they are in public domain.

Arabia Saudí[edit]

A lei de Arabia Saudí states that photos, films sound and artistic works are protected for 25 years starting from the publication date, after which they are in public domain.

Sudán[edit]

A lei sudanesa states that photos and films are protected for 25 years starting from the publication date, after which they are in public domain.

Siria[edit]

A lei siria states that photos and two dimensional artistic works are protected for 10 years starting from the production date, after which they are in public domain.

Iemen[edit]

A lei iemení states that photos and two dimensional artistic works are protected for 10 years starting from the beginning of the publication year. It also states that television screenshots are protected for 3 years starting from the original broadcast date.

Arxentina[edit]

Available PD templates {{PD-AR-Photo}} (pictures published in Argentina 25 years ago or more), {{PD-AR-Movie}} (for movies 50 years after the death of the script writer, producer and director of the movie), {{PD-AR-Anonymous}} (for anoymous works belonging to an institution, corporation or legal entity, registered in Argentina published 50 years ago or more), and {{PD-AR-Presidency}} for pictures from the Argentine presidency site. See templates for details.

Australia[edit]

Government-produced works[edit]

According to [1] (pdf), copyright of works with Commonwealth, State, or Territory-owned copyright expires 50 years from the date of creation (rounded up to the nearest year). Following that logic, all government-created works created before 1 January 1956 should be in the public domain.

Non-government works[edit]

Presently, the Australian Copyright Act 1968[2] should be consulted to determine whether the copyright of a work produced or published in Australia has expired.

  • Australian copyright is applied to works published first in Australia or whose original author is/was an Australian citizen, Australian resident or person under protection of the Australian government.[3]
  • For published works, the copyright expires 70 years after the death of the author.[4]
  • For previously unpublished works, the copyright cannot expire less than 70 years after the first publication of the work. [5]
  • For anonymous/pseudonymous works, the copyright expires 70 years after the first publication of the work.[6]

Following this logic:

  • All non-government-created works whose author deceased before 1 January 1936 are in the public domain.
  • All anonymous/pseudonymous works published before 1 January 1936 are in the public domain.

Canadá[edit]

According to the Copyright Act, a copyright subsists for the life of the author plus 50 years following the end of the calendar year of death (section 6). If the work is anonymous or pseudonymous then the copyright lasts either 50 years following publication or 75 years after the making of the work, whichever is earlier (section 6.1).

Dinamarca[edit]

According to Danish law, Consolidated Act on Copyright 2003, the copyright on "photographic images" expire 50 years after the image's creation. However, for "photographic works" the copyright expires 70 years after the death of the author. The definition of a photographic work, as opposed to image is not precisely defined. In general a work is considered to have to display some form of originality or other special artistic properties. Simple snap-shots do not qualify as works. Interpretation is highly subjective. There is some debate as to whether all works by a professional photographer constitute works as opposed to simple images.

Finlandia[edit]

According to Finnish Copyright law of 2005 copyright expires for photographs not considered to be "works of art" fifty years after the photograph was taken. Photographs considered to be "works of art" are protected normally for 70 years after the death of the works creator. The difference between a photograph and photographic work of art is not precisely defined. According to the (legally not binding) opinion of the Finnish Copyright Council [7] photographs in which that the photographer had no control over the composition or lighting of the picture can not be concidered works of art.

The copyright law of 1995 extended the copyright time from 25 years (according to the 1961 copyright law) to 50 years. However, material already released to public domain according to the 1961 law remain in public domain and therefore all photographs (but not photographic works of art) released before 1966 are in the public domain.

The textual representations of Finnish coat of arms of municipalities, regions and provinces are considered to be govermental decisions and therefore they are not protected by copyright. According to the opinions of the Finnish Copyright Council 1997:11 and 1998:5 also the graphical representation is though not to meet the requirements for a original work of art and therefore is not protected by copyright. This is also thought to be true for the coat of arms of historical provinces and other historical coats of arms.

Francia[edit]

The relevant laws are in the first book of the Code of Intellectual Property, or CPI (English version). The code includes dispositions transposed from the 1993 European directive on Copyright. France also enforces the Berne Convention.

The normal duration of copyright is 70 years following the death of the author (or the death of the last author for multiple authors); if the work is anonymous, pseudonymous or collective, it is 70 years following the publication of the work (unless the authors named themselves). See below for important extensions to copyright.

Imaxes procedentes de sitios web públicos[edit]

Note that French government services often use professional photographers who are not government employees to make official photographs. These photographers then typically sell an usage right to the government. In such circumstances, the government does not own the copyright to the photograph, and thus could not give us a license to use it even if it wanted to.

The rules for protection of works by the government are somewhat fuzzy, and one should assume by default that anything from a government entity is copyrighted. One should refer to:

Unless you really know what you're doing, please abstain from copying photos from French government sites to the commons. Thanks.

Extensión do copyright pola guerras[edit]

French law grants extensions to copyright because of the World Wars (vexa CPI L123-8 and following). The extensions are:

  • about 5 years for WW1
  • about 8.5 years for WW2
  • 30 years for people who died for France (only in WW2?); this includes, for instance, Antoine de Saint-Exupéry.

Several extensions can be added together.

The European directive on copyright does not necessarily suppress these extensions:

Article 10 - Where a term of protection, which is longer than the corresponding term provided for by this Directive, is already running in a Member State on the date referred to in Article 13 (1), this Directive shall not have the effect of shortening that term of protection in that Member State.

According to the French Ministry of Culture, the legal status of these extensions, adopted when copyright was 50 years after death, is unclear in the context of the new 70-year law; the Ministry calls for erring on the side of caution and assuming they are valid. [8]

Note that one should not assume that copyright holders do not try enforce these extensions. In 2005, right holders demanded payment for a movie where a character whistled The Internationale, whose author died in 1932. On the other hand, the Paris Appeal Court ruled against applying the extensions in 2004 [9], but on 12 October 2005, another section of the same court applied the extension so that the works of a painter who died in 1931 will not enter the public domain before late 2016 [10].

Works of arts, including architecture, exhibited in public spaces[edit]

The architect of a notable building owns copyright over the representations of that building, including postcards and photographs. For instance, the architect of the pyramid in the courtyard of the Louvre Museum may claim copyright over images of the pyramid. This, for instance, extends to the designer of lighting systems; for instance, the company operating the Eiffel Tower claims copyright of images of the tower when lighted at night.

However, ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza:

Because the Court has noticed that, as it was shown in the incriminated images, the works of Mr X... and Z... blended into the architectural ensemble of the Terreaux plaza, of which it was a mere element, the appeals court correctly deduced that this presentation of the litigious work was accessory to the topic depicted, which was the representation of the plaza, so that the image did not constitute a communication of the litigious work to the public

The court draws a distinction between depictions of a work of art, and depictions of whole settings of which the work of art is a mere part, and denies the right of the artist over such images.

While architects have may have rights to works derived from their work of art, this is not the case of the owners of works of art or buildings, in general. The summary of the conclusions of a May 7, 2004 ruling by the Court of Cassation was:

The owner of a thing does not have an exclusive right over the image of this thing; he or she can however oppose the usage of this image by a third party if this usage results in an abnormal disturbance to him or her."

In this decision, the court excluded that the owner of a hotel, who had made extensive repairs and enhancements to the buildings at high costs, could claim exclusive rights to the image of that hotel: merely demonstrating that the costs supported did not demonstrate that the publishing of images was an abnormal disturbance.

The Court already ruled on June 5, 2003, that the right of property comprised absolutely no right to the image of this property. However, they also upheld the right to privacy of the homeowners: in this case, not only a photograph of a house was published, but also its exact location and the name of the owners. Earlier rulings (May 2, 2001) similarly rejected requests based on ownership without a justification of an abnormal disturbance.

Alemaña[edit]

freedom of panorama[edit]

Objects permanently located in public that can be photographed from public (accessible) grounds without devices such as a ladder and can be used by its photographer for any purpose, regardless if it displays a modern artwork/building or not. This right is called Panoramafreiheit (freedom of panorama). However in some circumstances certain modifications (but not usage) of the image can be prohibited by the copyright owner of the object (artist or architect) if the copyright of that object has not expired. A notable exception from freedom of panorama was the wrapped German Reichstag by the artists Christo and Jeanne-Claude since it was from the beginning not a permanent installation.

official works[edit]

By German law, documents are in the public domain (gemeinfrei) if they have been published as part of a law or offical decree or edict, or if they have been released as an official announcement or for public information. The relevant law is section 5 of the UrhG. The first and most important sentence states:

Gesetze, Verordnungen, amtliche Erlasse und Bekanntmachungen sowie Entscheidungen und amtlich verfaßte Leitsätze zu Entscheidungen genießen keinen urheberrechtlichen Schutz.

For more information about German copyright laws, see the meta-page Wikipedia:Bildrechte on the German Wikipedia.

Hong Kong[edit]

According to Chapter 528 Copyright Ordinance, in Section 17 Duration of copyright in literary, dramatic, musical or artistic works, in the law of Hong Kong, a work's copyright expires 50 years after the last death of known authors, or the work's first publication for unknown authorship, or the year it made when the work is never made public and with unknown authorship. The above-mentioned ordinance does not apply to the work of Hong Kong Government, Legislative Council and certain international organizations. Their copyrights are under seperate ordinances. [11]

India[edit]

According to Indian copyright law, all pictures published in India more than 60 years ago are in the public domain. [12]

Irán[edit]

According to the Iranian "Law for Supporting Authors, Composers, and Artists" (قانون حمایت حقوق مؤلفان و مصنفان و هنرمندان), passed on 11 Dey 1348 (January 1, 1970) and published in the official newspaper number 7288 on 21 Bahman 1348 (February 1, 1970), for many images, including paintings, the work is in the public domain if all of its authors have died for at least 30 Iranian years (may be different from 30 Gregorian years by a few days).

As special exceptions, if the work is cinematic or photographic or if the (economic) rights of a work have been transferred to a legal person, the work will become public domain after 30 Iranian years from its publication or offering.

México[edit]

According to the Mexican law (See Art. 29: Ley federal del derecho de autor, in Spanish) a copyright subsists for the life of the author plus 100 years following the end of the calendar year of death of the youngest author or the publication date in case of the federal, state or municipal governments. There is one exception: works that were already in the public domain before July 23, 2003. Generally speaking, that means works created by someone who had died before July 23, 1928 (75 years before).

Países Baixos[edit]

Publications from the Dutch government are copyrighted only if there is a copyright notice on it. See http://www.ivir.nl/legislation/nl/copyrightact.html for the Dutch copyright law, this exception is in article 15b.

In addition, Dutch laws and legal judgements are completely free of copyright (article 11, same law).

Reproduction of images from the government's websites is usally allowed as long as the source is mentioned. (See for example)

Works of individual authors are protected till 70 years after the death of the author. Works created for a commission gave copyright protection till 70 yrs after the date of first publication.

Noruega[edit]

Works are protected 70 years after author's death, or 70 years after publication if the author is unknown/anonymous. There is one exception: Photos that are not considered artistic works (i.e. snapshots) are protected until no less than 15 years after the photographer's death and no less than 50 years after publication.

Photos of works of art exhibited in public spaces can only be used for non-commercial purposes, unless it is clear that the work is not the main subject in the photo (freedom of panorama). There are no restrictions on photos of buildings.

Texts of laws and decisions, reports and statements made and published by state or local authorities are not protected by copyright, but images used in such publications may be protected unless they were made specifically for the publication.

Photos of people may not be published without their consent unless either a) the image illustrates a current event of interest the general public, or b) the person is clearly not the main subject of the image (i.e. passers-by may be included unless they fill an unreasonable amount of the image) or c) the image depicts a gathering, an outdoor parade or something which is of interest to the general public.

Paquistán[edit]

According to Pakistani copyright laws, all photographs enter the public domain fifty years after they were created, and all non-photographic works enter the public doman fifty years after the death of the creator.

Antiga Unión Soviética[edit]

Works published by the Union of the Soviet Socialist Republics before 27 May 1973 were not protected by International Copyright Conventions and are thus in the public domain.

Note that in Rusia some of these works are protected by copyright.

Note also that that's in dispute. Vexa wikipedia:Template_talk:PD-USSR.

España[edit]

In Spain the "copyright" is known as "intellectual property". Generally, according to Spanish law, Royal Act 1/1996, on april 12th, about Intellectual Property (Spanish PDF), the copyright expires 70 years after the death of the author. If the "intellectual property" of the work isn't owned by anybody, this work would be on public domain after 70 years since the date of publication.

Suíza[edit]

In Switzerland, copyright is covered in the Copyright Act (Urheberrechtsgesetz, URG, SR 231.1). Generally, copyright lasts for 70 years after the death of the (last) author. If authorship is unknown, copyright lasts for 70 years after the first publication.

Works not covered by copyright include:

  • laws, ordinances, international treaties and other official acts;
  • currency;
  • decisions, protocols and reports by public authorities;
  • patents and patent applications.

To be eligible for copyright in the first place, a work must be of individual character, i.e. be an individual expression of thought (Art. 2 par. 1 URG). Many photographs are therefore not protected (see {{PD-Switzerland-photo}} for details).

Reino Unido[edit]

As with the rest of the European Union the basic copyright term in the United Kingdom is life of the author plus 70 years. There are a number of variations on this however. Works in the United Kingdom fall into three categories for the purposes of copyright duration: government works and non-government works. The former are covered by Crown copyright and Parliamentary copyright and their special duration rules and the latter by ordinary copyright duration rules.

Crown Copyright[edit]

Crown copyright works have a basic term of protection of 50 years from date of commercial publication. For Crown works created before the entry into force of the Copyright Act 1956 on 30 June 1957 other rules apply. Crown copyright photographs created prior to 30 June 1957 have a copyright term of 50 years from creation. Published Crown copyright engravings created prior to 30 June 1957 have a copyright term of 50 years from commercial publication. Unpublished Crown copyright engravings of the period come out of copyright at the end of 2039. Crown artistic works other than engravings and photographs created prior to 30 June 1957 have a copyright term of 50 years from creation.

Further special rules apply to Crown artistic works created between 30 June 1957 and the entry into force of the Copyright Designs and Patents Act 1988 on 1 August 1989. Published engravings created in this period are still out of copyright 50 years after commercial publication. Unpublished engravings created in this period come out of copyright at the end of 2039 as before. Published photographs are out of copyright 50 years after publication. Unpublished photographs come out of copyright at the end of 2039. Other artistic works come out of copyright 50 years after creation.

For a summary of these times see the flowchart at [13].

Crown copyright sound recordings are much more simple. Copyright expires 50 years after creation unless the work is commercially published during that period when copyright expires 50 years after first publication.

Parliamentary Copyright[edit]

Parliamentary copyright was created by the Copyright Designs & Patents Act 1988 and its duration rules are the same as for Crown copyright materials created after 30 August 1989.

Ordinary Copyright[edit]

For ordinary copyright works the largest distinction is between those with a known author and those with a pseudonymous or anonymous author. There are also distinctions in copyright term between artistic works and sound recordings. The commencement dates for the Copyright Act 1957 and the Copyright Designs & Patents Act 1988 are also crucial.

If the work was created after 30 August 1989 and has a known author copyright expires 70 years after the death of the author. If the work was photograph with a known author taken before 30 June 1957 then copyright also expires 70 years after the death of the author. If the work is a non-photograph artistic work with a known author which was created prior to 30 August 1989 then several scenarios can apply:

  1. If the work was published during the author's lifetime then copyright expires 70 years after the death of the author.
  2. If the work was published before 30 August 1989 and the author died more than 20 years before publication then copyright expires 50 years after publication.
  3. If the work was published before 30 August 1989 and the author died less than 20 years before publication then copyright expires 70 years after the death of the author.
  4. If the work was not published before 30 August 1989 and the author died after 1968 then copyright expires 70 years after the death of the author.
  5. If the work was not published before 30 August 1989 and the author died before 1969 then copyright expires at the end of 2039.

If the author is unknown then the basic time period to bear in mind is 70 years. If the work has an unknown author and was created after 30 August 1989 copyright expires either 70 years after creation or if during that period the work is made available to the public 70 years after that. If the work is a photograph with an unknown author taken before 1 June 1957 then copyright expires 70 years after creation or if during that period the work is made available to the public 70 years after that. If the work was created before 1969 with an unknown author then several scenarios can apply:

  1. If the work was published before 30 August 1989 then copyright expires 70 years after first publication.
  2. If the work is unpublished and was first made available to the public after 1968 then copyright expires 70 years after the work was first made available to the public.
  3. If the work is unpublished and has never been made available to the public then copyright expires at the end of 2039.
  4. If the work is unpublished and was first made available to the public before 1969 then copyright expires at the end of 2039.

For a summary of these rules see the flowchart [14].

The rules for ordinary copyright sound recordings are the same as for Crown copyright sound recordings.

Typographical Copyright[edit]

If scanning a copyright-expired work from a British publication typographical copyright must be borne in mind. This subsists for 25 years from creation of the publication and covers the typographical arrangement of the publication. It does not exist in the United States.

Publication Right[edit]

One related right to copyright that must be borne in mind in the United Kingdom is publication right. This applies to ordinary copyright works but does not apply to Crown copyright works. If the copyright of an unpublished work has expired (virtually impossible before 2039) then the first publisher of that work is entitled to publication right over that work. Publication right has the same rules as copyright but only lasts for 25 years. It does not exist in the United States.

Database Right[edit]

If scanning material from a publication from 1982 or later database right must also be borne in mind. This right normally lasts 15 years from creation or substantial amendment of the database. Many books count as databases due to their systematic arrangement of information. Under transitional provisions works created from 1982-1997 are also covered by database right until the end of 2012, ie 15 years after the passage of the original legislation. It does not exist in the United States.

Excepcións do Copyright[edit]

As with many other countries the UK defines an exception to copyright infringement for artistic works on public display. Section 62 of the Copyright Designs & Patents Act 1988 states that it is not an infringement of copyright to film, photograph, broadcast or make a graphic image of a building, sculpture, models for buildings or work of artistic craftsmanship if that work is permanently situated in a public place or in premises open to the public.

Estados Unidos de América[edit]

Anything published before January 1, 1923 is in the public domain. Anything published before January 1, 1964 and not renewed is in the public domain (search the renewal records for books and maps here). Anything published before March 1, 1989 with no copyright notice ("©", "Copyright" or "Copr.") plus the year of publication (may be omitted in some cases) plus the copyright owner (or pseudonym) is in the public domain.

Photographic works created after January 1 1978 are protected for 70 years after the death of the creator. Works created but not published before January 1 1978 are protected for 95 years from the date they were registered for copyright, or 95 (for anonymous or pseudononymous works) resp. 120 years (for works by individuals) from year of creation, whichever expires first. (see [15] for more information)

Works by the US Government[edit]

A work by the US federal Government is in the public domain.

  • This also applies to the works of some, but not all governments of the individual states.
  • This does not include Government-funded corporations like Amtrak or the USPS. In particular, the USPS holds copyright on all US postage stamps produced after 1978 (older US stamps are all 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 will be in the public domain. The other agencies may hold copyright on some material, including material published on NASA sites (there will be copyright notices in that case).
  • Images on government or government agency websites are not necessarily public domain, always look for copyright notices or similar. Especially the images on the favourite website "Astronomy Picture of the Day" are in most cases not within the public domain but all rights reserved by their individual authors (so please do not upload images from there to Wikimedia Commons).
  • Commercial use of US Images is an exception to this set of rules. Title 18 USC Section 701 is quoted as follows:

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

Sec. 701. Official badges, identification cards, other insignia

  • Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
  • The Possession aspect is taken care of by the Public Domain claim for all such items under the US Constitution and applicable laws, but the manufactures and sells aspect is addressed by the specific Copyright Statements that are posted by each agency on the Internet.

Section 704 is more specific for Military items, as noted as follows:

Sec. 704. Military medals or decorations

  • a) In General.--Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
  • (b) Congressional Medal of Honor.--
  • (1) In general.--If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
  • (2) Definitions.--
  • (A) As used in subsection (a) with respect to a Congressional Medal of Honor, ``sells includes trades, barters, or exchanges for anything of value.
  • (B) As used in this subsection, "Congressional Medal of Honor" means--
  • (i) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14;
  • (ii) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or
  • (iii) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.
  • The United States Army Institute of Heraldry - the official custodian of ALL United States governmental images has addressed this issue with its Copyright statement, which informs the reader as to how to meet any commercial needs under this statute.

Véxase tamén[edit]

Ligazóns externas[edit]

[[Category:Commons-gl|Licenzas]]