Commons:Copyright rules by territory - summary

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Countries, areas, and entities Standard copyright term
(based on authors' deaths)
Other copyright terms
(based on publication and creation dates)
Copyright exemptions Notes
Commons-logo.svg Afghanistan copyright overview
(Wikipedia-logo-v2.svg Afghanistan and copyright issues)
50 p.m.a.: life + 50 years[1] 50 years from publication
  • anonymous or pseudonymous work[1]
  • published after authors' deaths[1]
  • audiovisual works[1]
  • photographic,painting works[1]


50 years from creation

Threshold of originality: “photographic works that have been created using an original mode” (Art. 6)
  • Berne/UCC: yes
  • Until year end: Yes (Afghan calendar)[1]
{{PD-old-auto|author died 1967 or earlier}}

{{PD-Afghanistan}}

{{PD-Afghanistan}}
Public domain
This work is in the public domain in Afghanistan according to The law on the support the right of authors, composers, artists and researchers (Copy Right Law). (unofficial English translation) because:
  • It is a photograph, painting, or other audiovisual work originally published more than 50 years ago, or
  • It is any other form of protected work and more than 50 years have passed since the death of the last surviving author and the date of original publication.

All works published using a pseudonym enter the public domain 50 years after publication, unless the author's identity subsequently becomes known. Afghan copyright law only protects “photographic works that have been created using an original mode” (Art. 6).

Important note: Works of foreign (non-U.S.) origin must be out of copyright or freely licensed in both their home country and the United States in order to be accepted on Commons. Works of Afghan origin that were under copyright in Afghanistan on July 29, 2016 may be copyrighted in the U.S. under the URAA. For more information, see U.S. Copyright Office Circular 38A. Works of Afghan origin that were no longer under copyright in Afghanistan on July 29, 2016 are not copyrighted in the U.S. due to a previous lack of copyright relations between the U.S. and Afghanistan.

English | русский | پښتو | فارسی | روچ کپتین بلوچی | 日本語 | +/−

Afghanistan


Albania 70 p.m.a.: life + 70 years[2] 70 years from publication
  • anonymous or pseudonymous work[3]
  • photographic or audiovisual work of joint authorship[4]


70 years from creation

  • unpublished photographic or audiovisual work of joint authorship[5]


25 years from production

  • works of applied art[6]
See COM:CRTFULL#Albania
  • Berne/UCC: yes
  • Until year end: Yes[7]

Notes: #Albania

{{PD-old-auto|author died 1947 or earlier}}

{{PD-Albania-exempt}}

{{PD-Albania-exempt}}
Public domain The work published here is subject to use in the public domain in accordance to Article 9 of Albania's Copyright Law of 2005 (No.9380 §). The revised law (No.35/2016 §) ratified by the Albanian Parliament on 31.3.2016 keeps these basic provisions in place:
  • (a) ideas, theories, concepts, discoveries and inventions in a creative work, despite the way they were acquired, explained or expressed;
  • (b) official texts of a legal, administrative, legislative, political nature and their respective official translations;
  • (c) official symbols of the state, symbols of other public organizations and public authorities, such as: coats of arms, seals, flags, emblems, medals, medallions and other signage;
  • (d) means of payment;
  • (e) news and press information;
  • (f) simple data and facts;
  • (g) folk expressions;


Coat of arms of Albania.svg


Algeria 50 p.m.a.: life + 50 years (except posthumous work)[8] 50 years from publication[9]
  • anonymous or pseudonymous work
  • published after authors' deaths (posthumous)
  • audiovisual works
  • collective works


50 years from creation

  • as above, where unpublished
  • photographs or works of applied art[10]
  • Berne/UCC: yes
  • Until year end: Yes

Notes: COM:CRTFULL#Algeria

{{PD-old-auto|author died 1967 or earlier}}

{{PD-Algeria-photo-except}} - for photographs published before 1 January 1987

{{PD-Algeria-photo-except}}
Public domain This Algerian photograph, which was first published prior to January 1, 1987, is currently in the public domain in Algeria because it was granted a term of protection of 10 years from publication by Article 64 of Ordinance No. 73–14 of 3 April 1973.

Although the 1973 ordinance was abrogated by Article 166 of Ordinance No. 97–10 of 6 March 1997, which was itself abrogated by Article 163 of the currently applicable Ordinance No. 03–05 of 19 July 2003, this did not lead to a renewal of the copyright of photographs which had already fallen into the public domain, because both the 1997 and the 2003 ordinances contained transitional provisions explicitly disallowing retroactive protection of out-of-copyright works.

In order to be hosted on Commons, all works must be in the public domain in the United States as well as in their source country. The copyright of all Algerian photographs published prior to 1987 had expired in Algeria on the U.S. date of restoration (April 19, 1998). Such photographs are thus currently in the public domain in the United States.


English | français | +/−

Flag of Algeria.svg
Nuvola apps important.svg
Algerian photographs created on or before December 31, 1967 which had never been published as of January 1, 1987 are currently in the public domain in Algeria but not in the United States, as they were still copyrighted on the date of restoration. Photographs whose copyright was restored in the U.S. by the URAA are no longer accepted at Wikimedia Commons.


Argentina 70 p.m.a.: life + 70 years[11] 50 years from publication[12]
  • anonymous or pseudonymous work (works whose copyright is held by institutions)

50 years pma

  • audiovisual works (author defined as last survivor of producer/director/screenwriter/composer)[13]

20 years from publication and 25 years from creation

  • Berne/UCC: yes
  • Until year end: Yes

Notes: COM:CRTFULL#Argentina

{{PD-old-auto|author died 1947 or earlier}} {{PD-AR-Photo}} {{PD-AR-Movie}} {{PD-AR-Anonymous}}


Czech Republic 70 p.m.a.: life + 70 years[15]
  • Anonymous works: 70 years after publication (if author never disclosed)[16]
  • Publication right: 25 years from first publication if copyright has expired before such publication[17]
  • Berne/UCC: yes
  • Until year end: Yes[20]

Notes: COM:CRTFULL#Czech Republic

{{PD-old-auto|author died 1947 or earlier}} {{PD-EU-no author disclosure}}
{{PD-EU-unpublished}}

{{FoP-Czech Republic}}

{{FoP-Czech Republic}}
SemiPD-icon.svg

Czech Republic

The photographical reproduction of the depicted work is covered under the article §33 of the Czech Copyright Act, which states:
(1) Copyright is not infringed by anybody who records or expresses by drawing, painting, graphic art, photography or film a work permanently located on a square, in a street, in a park, on a public route or in any other public place; copyright shall likewise not be infringed by anybody who further uses a work so expressed, rendered or recorded. If possible, the name of the author (unless the work is an anonymous work) or the name of the person under whose name the work is being introduced in public, the title of the work and its location shall be indicated.
(2) The provisions of Paragraph (1) shall not apply to making a reproduction or imitation of a work of architecture in the form of erecting a building and to the reproduction and distribution of a work in the form of a three-dimensional reproduction.
See Commons:Freedom of Panorama#Czech Republic for more information.

čeština | English | +/−


Commons-logo.svg France copyright overview
(Wikipedia-logo-v2.svg Copyright law of France)
70 p.m.a.: life + 70 years (except posthumous works, musical works,[21] and works whose author "died for France", which are protected for an additional 30 years)
  • Anonymous works: 70 years after publication (if author never disclosed)
  • Posthumous works: 25 years from publication
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1947 or earlier}} {{PD-EU-no author disclosure}}
{{PD-EU-unpublished}}


Commons-logo.svg Germany copyright overview
(Wikipedia-logo-v2.svg Copyright law of Germany)
70 p.m.a.: life + 70 years[22]
  • Anonymous works: 70 years after publication (if author never disclosed)
  • Publication right: 25 years from first publication or first public performance if copyright has expired before such publication or performance, or if the work has never been protected in Germany and the author died more than 70 years before the first publication[23]
  • Berne/UCC: yes
  • Until year end: Yes[24]
{{PD-old-auto|author died 1947 or earlier}} {{PD-EU-no author disclosure}}
{{PD-EU-unpublished}}

{{FoP-Germany}}

{{FoP-Germany}}
SemiPD-icon.svg

Germany

The photographical reproduction of this work is covered under the article § 59 of the German copyright law, which states that "It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works which are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision shall be applicable only to the external appearance." See Commons:Freedom of Panorama#Germany for more information.

Deutsch | English | Esperanto | français | македонски | русский | 中文 | 中文(简体)‎ | +/−

See also Category:PD Germany license tags


Commons-logo.svg India copyright overview
(Wikipedia-logo-v2.svg Copyright law of India)
60 p.m.a.: life + 60 years (except posthumous works and photographs, films, sound recordings)
  • Photographs:
    • 50 years after creation (for creation before 1958)
    • 60 years after publication (for publication after 1957[25])
  • Films and sound recordings: 60 years after publication[26]
  • Anonymous works: 60 years after publication (if author never disclosed)
  • Posthumous works: 60 years after publication
  • Government works: 60 years after publication[27]
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1957 or earlier}} {{PD-anon-auto-1996}} (for anonymous works published before 1936)
{{PD-India-photo-1958}} (photographs created before 1958)
{{FoP-India}}
{{FoP-India}}
SemiPD-icon.svg

India

This reproduction is permitted under the Indian Copyright Act of 1957, Section 52, which states:
...
(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work failing under sub-clause (iii) of clause (c) of section 2 ["any other work of artistic craftsmanship"], if such work is permanently situate in a public place or any premises to which the public has access;

Note that this does not include copies of paintings, drawings, or photographs, as they do not fall under the referenced sub-clause (iii). They fall under sub-clause (i).

(u) the inclusion in a cinematograph film of-
(i) any artistic work permanently situate in a public place or any premises to which the public has access;

Indian law is modelled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom section for more details.

See Commons:Freedom of Panorama#India for more information.

English | മലയാളം | +/−


Indonesia 70 p.m.a.: life + 70 years[28] 50 years from publication[29]
  • photography and film[30]
  • literary works, musical works, and paintings (whose copyright is held by a legal entity)[31]
  • anonymous or pseudonymous work[32]
Freedom of Panorama: no
  • Berne/UCC: yes
  • Until year end: Yes

Notes: COM:CRTFULL#Indonesia

{{PD-old-auto|author died 1947 or earlier}} {{PD-IDNoCopyright}} {{PD-IDGov}} {{PD-IDOld-Art29}} {{PD-IDOld-Art30}}


Commons-logo.svg Japan copyright overview
(Wikipedia-logo-v2.svg Copyright law of Japan)
50 p.m.a.: life + 50 years[33] Anonymous or Pseudonymous works:
  • 50 years from first publication (if author never disclosed during copyright term)[34]

Cooperative works:

  • 50 years from first publication (or creation if unpublished)[35]

Films:

  • 70 years from first publication[36]
  • and 38 years after the creator's death if it was published as his work before 1971[37][38][39]

Photographs:

  • 10 years from first publication (or creation if unpublished) before 1957[40]

Note: WWII extension for Axis powers - There is an extension for Axis powers in WWII, which is essentially 11 years added to the copyright protection length.

  • Berne/UCC: yes
  • Until year end: Yes
{{PD-Japan}} {{PD-Japan-exempt}}
{{PD-Japan-organization}}
{{PD-Japan-film}}
{{PD-Japan-oldphoto}}
{{PD-Japan-audio}}
{{FoP-Japan}} (only reproduction of an architectural work is accepted on Commons)
{{FoP-Japan}}
SemiPD-icon.svg

Japan

Reproduction of the architectural work(s) in this image is permitted under Section 46 of the Copyright Law of Japan, as long as it does not constitute "imitative reproduction of an architectural work and offering it to the public by transfer of ownership of its copies." This permission does not apply to artistic works in general or to buildings that are considered artistic works, unless they are in public domain. See Commons:Freedom of Panorama#Japan for more information.

English | 日本語 | 한국어 | +/−


Commons-logo.svg Mexico copyright overview 100 p.m.a.: life + 100 years
  • Anonymous works: ?
  • Government works: 100 years after publication
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1952 or earlier}}
(due to non-retroactive extension of copyright term from 1982 onwards)
{{PD-Mexico}}

{{FoP-Mexico}}

{{FoP-Mexico}}
SemiPD-icon.svg

Mexico

The photographical reproduction of this work is covered under the article 148, VII of the Mexican copyright law (Ley Federal de Derechos de Autor), which states that
«Literary and artistic works already published may be used, provided that normal commercialization of the work is not affected, without authorization from the copyrightholder and without remuneration, invariably citing the source and without altering the work, only in the following cases: […]
VII. Reproduction, communication, and distribution by means of drawings, paintings, photographs, and audiovisual means of works visible from public places». See Commons:Freedom of Panorama#Mexico for more information.

English | español | français | italiano | македонски | +/−


Commons-logo.svg Netherlands copyright overview
(Wikipedia-logo-v2.svg Copyright law of the Netherlands)
70 p.m.a.: life + 70 years[42]
  • Anonymous works: 70 years after publication (if author never disclosed). Covers anonymous/pseudonymous work, and corporate works with no listed natural author[43]
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1947 or earlier}} {{PD-EU-no author disclosure}}

{{FoP-Netherlands}}

{{FoP-Netherlands}}
SemiPD-icon.svg

Nederland

The photographical reproduction of this work is covered under the article 18 of the Dutch copyright law, which states that “it is not an infringement of copyright to reproduce and publish pictures of a work, as meant in article 10, first paragraph, under 6°[1] or of an architectural work as meant in article 10, first paragraph, under 8°[2], which are made to be permanently located in a public place, as long as the work is depicted as it is located in the public space. Where incorporation of a work in a compilation is concerned, not more than a few of the works of the same author may be included”.
  • [1] drawings, paintings, works of architecture and sculpture, lithographs, engravings and the likes
  • [2] drafts, sketches and three-dimensional works relating to architecture, geography, topography or other sciences

Note that photographs are not included in Item 6. They are separately listed at Item 9 and are therefore not covered by FOP.

See Commons:Freedom of panorama#Netherlands for more information.

Deutsch | English | français | македонски | Nederlands | +/−

See also Category:PD Netherlands license tags


Commons-logo.svg Peru copyright overview
(Wikipedia-logo-v2.svg Copyright law of Peru)
70 p.m.a.: life + 70 years[44]
  • Collective works, computer programs and audiovisual works: 70 years from publication or 70 years from creation if unpublished[45]
  • Anonymous works: 70 years after publication (if author never disclosed)[46]
  • Simple photographs: 70 years from publication[47]
  • Publication right: 10 years from first publication of unpublished public domain works[48]
  • Berne/UCC: yes
  • Until year end: Yes[49]
{{PD-old-auto|author died 1947 or earlier}}

{{FoP-Peru}}

{{FoP-Peru}}
SemiPD-icon.svg

Peru

This reproduction is permitted under the Peruvian copyright law of April 23, 1996, article 43(e).
Peru has full "freedom of panorama", allowing reproducing artworks on streets, squares, or other public places or on the outside façades of buildings by means different from the original technique. The reproduction must not interfere with the author's exclusive rights to exploitation. This is protected both by national law and the Andean Community treaty.
See Commons:Freedom of Panorama#Peru for more information.

English | +/−


Commons-logo.svg United Kingdom copyright overview
(Wikipedia-logo-v2.svg Copyright law of the United Kingdom)
70 p.m.a.: life + 70 years Crown copyright:
  • 50 years from first commercial publication, but
  • works except engravings created prior to 30 June 1957: 50 years from creation

Anonymous works

  • Photographs created before 30 June 1957: 70 years after creation if unpublished, 70 years after publication if published within 70 years of creation

Posthumous works

  • Non-photographic works, published posthumously before 1945, where author died 20 years or more before publication: 50 years after publication
  • Berne/UCC: yes
  • Until year end: Yes
{{PD-old-auto|author died 1947 or earlier}} {{PD-UKGov}}
{{PD-UK-unknown}}
{{PD-EU-no author disclosure}}
{{PD-EU-unpublished}}
{{PD-UK-posthumous-non-photo-1996}}

{{FoP-UK}}

{{FoP-UK}}
SemiPD-icon.svg

United Kingdom

The photographic reproduction of this work is covered under United Kingdom law (Section 62 of the Copyright, Designs and Patents Act 1988), which states that it is not an infringement to take photographs of buildings, or of sculptures, models for buildings, or works of artistic craftsmanship permanently located in a public place or in premises open to the public. This does not apply to two-dimensional graphic works such as posters or murals. See Commons:Freedom of panorama § United Kingdom for more information.


References[edit]

  1. a b c d e f g Copyright law of Afghanistan-22/07/2008
  2. Art. 17, Law no. 7564 of 19 April 1992, as modified by Law no. 7923 of 19 May 1995
  3. Art. 18
  4. Art. 19
  5. Art. 19
  6. Art. 20
  7. Art. 21
  8. [1]
  9. Arts. 56-60
  10. Art. 59
  11. [2]
  12. Art. 8
  13. Art. 34
  14. Art. 34
  15. § 27 (1) AutZ
  16. § 27 (3) AutZ
  17. § 28 AutZ
  18. § 2 (1) AutZ
  19. § 2 (2) AutZ
  20. § 27 (7) AutZ
  21. wartime copyright extensions may apply to musical works: + 6 years 152 days for musical work published through 1920 (Art. L123-8); + 8 years and 120 days for musical work published through 1947 (Art. L123-9); these extensions are cumulative with each other and with the "died for France" extension: [3]
  22. § 64 Urheberrechtsgesetz[4], as amended by the Law of 17 December 2008
  23. § 71 Urheberrechtsgesetz[5]
  24. § 69 Urheberrechtsgesetz[6]
  25. Copyright Act 1957, Article 25
  26. Copyright Act 1957, Article 26,27
  27. Copyright Act 1957, Article 28
  28. Pasal 58 ayat (1) UU Hak Cipta 2014
  29. Art. 8
  30. Pasal 58 ayat (1) UU Hak Cipta 2014
  31. Pasal 58 ayat (3) UU Hak Cipta 2014
  32. Pasal 60 ayat (3) UU Hak Cipta 2014
  33. Copyright Act 1970, Art. 51
  34. Copyright Act 1970, Art. 52
  35. Copyright Act 1970, Art. 53
  36. Copyright Act 1970 (revised in 2003), Art. 54
  37. Copyright Act 1899 (revised in 1931), Art. 22–3
  38. Copyright Act 1899 (revised in 1969), Art. 3
  39. Copyright Act 1970, Supplementary Provision Act No. 85 of June 18, 2003
  40. Copyright Act 1899, Art. 23
  41. Copyright Act 1970, Art. 46–4
  42. Art. 37, Auteursrecht (Copyright Act, 1912), as amended by the Acts of 21 December 1995
  43. Art. 38, Auteursrecht (Copyright Act, 1912), as amended by the Acts of 21 December 1995
  44. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 52
  45. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 54
  46. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 53
  47. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 144
  48. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 145
  49. Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 56