Commons:Copyright rules by territory/Ivory Coast
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Copyright rules: Ivory Coast Shortcut: COM:IVORY COAST | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 70 years |
| Audiovisual | Create/publish + 70 years |
| Collective | Create/publish + 70 years |
| Posthumous | Death + 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Cote d'Ivoire}} |
| ISO 3166-1 alpha-3 | CIV |
| Treaties | |
| Berne convention | 1 January 1962 |
| Bangui Agreement | 7 February 1982 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Ivory Coast (Côte d'Ivoire) relevant to uploading works into Wikimedia Commons. Note that any work originating in Ivory Coast must be in the public domain, or available under a free license, in both Ivory Coast 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 Ivory Coast, refer to the relevant laws for clarification.
Background
The Côte d'Ivoire, or Ivory Coast, became a protectorate of France in 1843 and was consolidated as a French colony in 1893. The country achieved independence in 1960.
Ivory Coast has been a member of the Berne Convention since 1 January 1962, the Bangui Agreement since 7 February 1982 and the World Trade Organization since 1 January 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights as the main copyright law enacted by the legislature of Ivory Coast.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This replaced Law No 96-564 of 25 July 1996 on the protection of intellectual works and the rights of authors, performers and producers of sound and video.[3] The 2016 law abrogated any previous provisions contrary to those of the 2016 law, and in particular abrogated Law No. 96-564 of 25 July 1996.[2016-555 Article 151]
General rules
Under the 1996 law, copyright in Ivory Coast (Côte d'Ivoire) lasted for 99 years after the death of the author for works published within the lifetime of the author, and 99 years from publication for photographic or audiovisual works or works of applied art; anonymous or pseudonymous works; and posthumous works. Ivory Coast had the rule of the shorter term.[96-564 Article 45]
Under the 2016 law these durations were dropped down to 70 years.[2016-555 Section 5]:
- Economic rights in a work last during the life of author. At the death of the author, they persist for the benefit of his successors during the current calendar year and the next seventy years.[2016-555 Article 47].
- Economic rights in a collaborative work persist in the calendar year of the death of the last survivor of the co-authors and the 70 years that follow.[2016-555 Article 48]
- Economic rights in an anonymous or under a pseudonymous work last for 70 years from the end of the calendar year in which the work was lawfully made available to the public. If not published in this period, the rights last for 70 years from completion of the work.[2016-555 Article 49]
- For posthumous works, the duration of the exclusive rights is 70 years after death. For posthumous works disclosed after the expiry of this period, the duration of the exclusive right is 25 years from the first of January of the calendar year following that of the publication.[2016-555 Article 50]
- Economic rights in a collective work or an audiovisual work last for 70 years from the end of the calendar year in which such work was published, made available to the public, or created, whichever is longest.[2016-555 Article 51]
- Economic rights in a work of applied arts last for 25 years from the end of the year during which the work was disclosed.[2016-555 Article 52]
Not protected
See also: Commons:Unprotected works
Protection does not extend to ideas, methods, procedures, concepts or information; official texts of a legislative, administrative or judicial nature, nor to their official translations; simple data and facts.[2016-555 Article 10]
Public domain: not free
See also: Commons:Paying public domain
At the expiry of the periods of protection, the right to exploit works, interpretations, audiovisual fixations, phonograms or videograms in the public domain is administered by the empowered collective management organization.[2016-555 Article 124] Public performance and reproduction of the works in the public domain require an authorization from this organization. Authorization in the case of for-profit use is granted on payment of a royalty.[2016-555 Article 125] Works, performances, phonograms or videograms or audiovisual fixations not subject to protection shall be collected by the authorized collective management organizations.[2016-555 Article 126] The proceeds of the royalty shall be deposited, after deduction of the management costs, into a special fund managed by the empowered collective management organization that is devoted to cultural and social purposes for the benefit of Ivorian authors, performers and producers.[2016-555 Article 127]
Traditional cultural expressions: not free
Traditional cultural expressions (TCEs) are productions of characteristic elements of the traditional artistic heritage developed and perpetuated by a community or individuals presumed to be Ivorian nationals, recognized as meeting the expectations of that community and including all literary and artistic production, including folk tales, folk poetry, popular songs and instrumental music, folk dances and performances, and artistic expressions of folk art rituals and productions.[2016-555 Article 1] TCEs are part of the national heritage.[2016-555 Article 46] The right to exploit TCEs is administered by the empowered collective management organization. Public performance and reproduction of TCEs for profit-making purposes requires authorization from the empowered agency. This authorization is granted on payment of a fee.[2016-555 Article 128]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Cote d'Ivoire}} The copyright term is generally 70 years after the author's death or 70 years after publication.
Currency
See also: Commons:Currency
Unsure West African CFA franc used in Ivory Coast has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law[4], but it is not known if it also applies to West African CFA franc.
See also: COM:CUR France
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK, non-profit use of images of copyrighted public art and architecture only.
- Note: please tag Ivorian no-FoP deletion requests:
<noinclude>[[Category:Ivorian FOP cases/pending]]</noinclude>. Please also add {{NoFoP-Ivory Coast}} to images that incidentally show copyrighted public art and architecture.
Article 27 of the Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights does not provide an acceptable freedom of panorama that can be used by Wikimedia Commons:
- When the graphic, plastic, or architectural work of art has been disclosed, the author may not prohibit:
- the reproduction or representation, in whole or in part, by means of print, audiovisual or online media, for the exclusive purpose of immediate information and in direct relation with the latter, if the name of the author has been clearly mentioned;
- reproductions, in whole or in part, of works of graphic or plastic art intended to appear in the catalog of a judicial sale carried out in Côte d'Ivoire for the copies made available to the public before the sale for the sole purpose of describe the works of art offered for sale;
- the reproduction by audiovisual means and public communication by cable or by any other means, of graphic or plastic works of art, photographic works, and works of architecture permanently placed in a public place and their inclusion in the audiovisual work, when this reproduction is only accessory or incidental to the main subject.[2016-555 Article 27]
The first provision only allows the use of copyrighted art and architecture for pure informational purposes only; the second only permits the use of artworks in catalogs of such during judicial or legal sales within the country; and the third only allows the incidental or accessory inclusion of public art and architecture in audiovisual or broadcasting media only.
The concluding provision of Article 27 further restricts free uses of such works:
- Any exploitation for profit of the reproductions mentioned in this article is subject to prior authorization of the author.[2016-555 Article 27]
Wikimedia Commons does not accept non-commercial licenses in accordance with Commons:Licensing and the Definition of Free Cultural Works which this repository strictly follows.
According to the Ivorian copyright law, Côte d'Ivoire has a copyright duration of 70 years after the death of the author (that is, the creator/designer of the copyrighted work in public space) or the last-surviving author (if the work was designed by two or more creators/designers). If anonymous, 70 years after the work was first made lawfully to the public; if collective, 70 years from publication. In any case, the involved copyrighted work of public art and/or architecture in public space becomes copyright free and enters the public domain, and deleted images can now be restored.[2016-555 Article 47–51]
See also: Category:Ivorian FOP cases. See also
Citations
- ↑ a b Côte d'Ivoire Copyright and Related Rights (Neighboring Rights). Côte d'Ivoire (2016). Retrieved on 2019-03-05.
- ↑ Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights. Côte d'Ivoire (2016). Retrieved on 2018-11-04.
- ↑ Loi no. 96-564 du 25 juillet 1996 (1996). Retrieved on 2018-11-06.
- ↑ [1]