Commons:Copyright rules by territory/Zambia

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

Background

The Zambia region became the British protectorates of Barotziland-North-Western Rhodesia and North-Eastern Rhodesia towards the end of the 19th century. These were merged in 1911 to form Northern Rhodesia. Zambia became independent on 24 October 1964.

Zambia has been a member of the Berne Convention since 2 January 1992 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 The Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994) as the main copyright law enacted by the legislature of Zambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended by Act No. 25 of 2010, but the changes were concerned with rules related to handling copyright violations rather than definitions of works and durations.[3]

General rules

Under the Copyright and Performance Rights Act, enacted 1994, amended 2010,

  • Except as otherwise stated below, copyright in a literary, musical or artistic work or compilation expires at the end of 50 years from the end of the calendar year in which the author dies.[1994-2010 Section 12(1)]
  • If the work is produced by a public officer or employee of the government in the course of his employment, and the government is the first owner of the copyright in the work, copyright in the work expires at the end of 50 years from the end of the calendar year in which the work is made.[1994-2010 Section 12(2)]
  • If the work is of unknown authorship, the copyright in the work shall expire at the end of the period of 50 years from the end of the calendar year in which the work is first published, unless the identity of the author of the work becomes known before that date.[1994-2010 Section 12(3)]
  • For a work of joint authorship, references to the "author" mean the last survivor of the known authors.[1994-2010 Section 12(4)]
  • Copyright in an audiovisual work or sound recording expires at the end of the period of 50 years from the end of the calendar year in which it is made; or at the end of the period of 50 years from the end of the calendar year in which it is first published, if it is published within 50 years of being made.[1994-2010 Section 13]
  • Copyright in a broadcast or cable program expires at the end of the period of 50 years from the end of the calendar year in which the broadcast or cable program was first transmitted.[1994-2010 Section 14]

Currency

Shortcut

See also: Commons:Currency

  Not OK Banknotes and coins are not exempted from copyright, and are assumed to be treated normally as works produced by government employees. According to the Copyright and Performance Rights Act 1994, the copyright on works made by government employees is held by the government, and the expiration of the protection is 50 years after the first publication of the work.[1994-2010 Section 12(2)]

Freedom of panorama

See also: Commons:Freedom of panorama

  Not OK: {{NoFoP-Zambia}}

Artistic works are objects of copyright according to section 8 of the Copyright and Performance Rights Act, 1994. An artistic work is defined under section 2, and includes paintings, drawings and engravings (a); works of sculpture (c); works of architecture (d); and photographs (e). Exclusive right of the copyright owner over these works is guaranteed at section 17.

Section 21(h) of the law provides an exception for "incidental inclusion of a work in an artistic work, audiovisual work, broadcast or cable program," but no freedom of panorama.

See also

Citations

  1. a b Zambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994). Zambia (2018). Retrieved on 2018-11-04.
  3. Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010). Zambia. Retrieved on 2018-11-04.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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