Commons:Copyright rules by territory/Consolidated list M

Copyright rules by territory

A B C D E F G H I J K L M N O
P Q R Sa-Sl So-Sy T U V W X Y Z

This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.

Text transcluded from
COM:Macau

Macau

Copyright rules: Macau Shortcut: COM:MACAU
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Collective	Publish + 50 years
Applied art	Create + 25 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-MacaoGov}} {{PD-MO}}
ISO 3166-1 alpha-3	MAC
Treaties
Berne convention	12 August 1999
WTO member	31 December 1994
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 China's special administrative region of Macau relevant to uploading works into Wikimedia Commons. Note that any work originating in Macau must be in the public domain, or available under a free license, in both Macau 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 Macau, refer to the relevant laws for clarification.

Background

In 1887 Portugal gained rights to Macau, which was returned to China as a special administrative region in 1999. Macau remains under a separate political and economic system from the rest of China until 2049.

Macau has belonged to the World Trade Organization since 31 December 1994. The Berne Convention came into effect on 12 August 1999.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012) as the main IP law enacted by the legislature of Macau. WIPO holds the text of this law in their WIPO Lex database.

General

According to Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012),

• Generally, copyright shall lapse 50 years after the death of the creator of the work, even in the case of works disclosed or published posthumously.^{[43/99/M/2012 Article 21]}
• The time-limits for the expiry of copyright will only start to run from the first day of the year following that in which the determining event occurs.^{[43/99/M/2012 Article 21]}
• Copyright in a collaborative work expires 50 years after the date of the death of the co-author who died last.^{[43/99/M/2012 Article 22.1]}
• Copyright in a collective work or work made for a legal entity shall lapse, unless otherwise provided, 50 years after the first disclosure or publication.^{[43/99/M/2012 Article 22.3]}
• The duration of copyright for individual contributions to collaborative and collective works, where the personal contributions can be discriminated, is 50 years after the death of the creator of the contribution.^{[43/99/M/2012 Article 22.4]}
• Copyright in an anonymous work, or work published or published without revealing the identity of the author, expires 50 years after disclosure or publication.^{[43/99/M/2012 Article 23.1]}
• Copyright in an audiovisual work lapses 50 years after its disclosure.^{[43/99/M/2012 Article 106]}
• Copyright in works of applied art lapse 25 years after the completion of the work.^{[43/99/M/2012 Article 148]}
• The rights of performers lapse 50 years after the end of the year in which the phonogram or videogram was made.^{[43/99/M/2012 Article 182]}
• The rights of producers of phonograms and videograms lapse 50 years after fixation.^{[43/99/M/2012 Article 188]}
• The rights of broadcasting organizations lapse 20 years after the broadcast.^{[43/99/M/2012 Article 192]}
• Non-Macanese works are copyrightable in Macau for the Macanese copyright duration or the home country or area, whichever is less, i.e. the rule of the shorter term applies in Macau.^{[43/99/M/2012 Article 51ff]}

Not protected

According to Decree-Law No. 43/99/M of August 16, 1999, on the Regime of Copyright and Related Rights (as amended by Law No. 5/2012 of April 10, 2012), the following are not subject to protection: a) The news of the day and the reports of various events for the sake of simple information, in any case disclosed; (b) applications, claims, complaints and other documents submitted in writing or orally before public authorities or services; c) The texts presented and the speeches delivered to assemblies or other bodies collegiate, political and administrative matters, or in public debates on matters of common interest; d) Political speeches.^{[43/99/M/2012 Article 5.1]}

Official works do not enjoy protection. Official texts, among others, are the texts of conventions, laws, regulations and reports or decisions of any authorities, as well as their translations.^{[43/99/M/2012 Article 6]}

Copyright tags

• {{PD-MacaoGov}} – for official works of Macau.
• {{PD-MacaoGov-text}} – text is in the public domain because official texts shall not benefit from protection.
• {{PD-MO}} – for works 50 years after the author's death or 50 years after creation if authorship unknown.
• {{PD-MO-old-art}} – copyright in works of applied art shall lapse 25 years after the completion of the work.
• {{PD-MO-old-audiovisual}} – copyright in an audiovisual work shall lapse 50 years after its disclosure.
• {{PD-MO-old-broadcast}} – rights of broadcasting organizations shall lapse 20 years after the broadcast.
• {{PD-MO-old-media}} – rights of producers of phonograms and videograms shall lapse 50 years after fixation.
• {{PD-MO-old-photo}} – copyright in photographic works shall lapse 25 years after their completion.

Currency

 Not OK. Currency is copyrighted and reproduction requires approval from the Monetary Authority of Macau.

"In accordance with article 14.2 of the Decree-Law No. 7/95/M of January 30, requests for reproduction of banknotes for educational and promotional purposes with justifiable reasons could be approved by the Government. In practice, such requests should be made to the Monetary Authority of Macau (AMCM)."

Freedom of panorama

OK {{FoP-Macao}}

• It is legal, without the consent of the author ... To make copies by photography, videography, cinematography or other analogous means, of works of art placed in public places.^{[43/99/M/2012 Article 61(l)]}
• However, the free use of a protected work must not prevent its normal economic exploitation nor unjustifiably prejudice the legitimate interests of the author.^{[43/99/M/2012 Article 62(l)]}
• The reproductions allowed under article 61 should not be confused with the original works by those who use them, and the reproduction or citation cannot be so extensive as to detract from the interest in those works.^{[43/99/M/2012 Article 62(3)]}

Citations

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

Text transcluded from
COM:Madagascar

Madagascar

Copyright rules: Madagascar Shortcut: COM:MADAGASCAR
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Posthumous	Publish + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Madagascar}}
ISO 3166-1 alpha-3	MDG
Treaties
Berne convention	1 January 1966
WTO member	17 November 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	24 February 2015
*‌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 Madagascar relevant to uploading works into Wikimedia Commons. Note that any work originating in Madagascar must be in the public domain, or available under a free license, in both Madagascar 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 Madagascar, refer to the relevant laws for clarification.

Background

Madagascar became a French colony in 1897. The country regained independence in 1960.

Madagascar has been a member of the Berne Convention since 1 January 1966, the World Trade Organization since 17 November 1995 and the WIPO treaty since 24 February 2015.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-036 of September 18, 1995, on Literary and Artistic Property as the main copyright law enacted by the legislature of Madagascar. WIPO holds the text of this law in their WIPO Lex database. The law repealed Law No. 57-298 of March 11, 1957, on Literary and Artistic Property.

General rules

Under Law No. 94-036 of 18 September 1995 on Literary and Artistic Property,

• An author shall enjoy the exclusive right to exploit his work during his lifetime. On his death, this right shall subsist for the benefit of his successors in title during the current calendar year and the 70 following years.^{[94-036/1995 Article 52]}
• For works of collaboration, the calendar year taken into account shall be that of the death of the last surviving collaborator.^{[94-036/1995 Article 53]}
• For pseudonymous or anonymous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.^{[94-036/1995 Article 54]}
• For staggered publications, Article 52 shall apply to each publication and not to the series as a whole.^{[94-036/1995 Article 55]}
• For posthumous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.^{[94-036/1995 Article 56]}

Freedom of panorama

 Not OK, noncommercial only and/or if the architecture or public art is not the main subject.

There is no Commons-usable freedom of panorama in Madagascar, as per Law No. 94-036 of 18 September 1995 on Literary and Artistic Property: "... it shall be permitted, without authorization from the author and without payment of remuneration, to reproduce, ... or to communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work and a work of applied art that is permanently located in a place open to the public, save where the image of the work is the main subject of this reproduction, broadcast or communication and where it is not used for commercial purposes".^{[94-036/1995 Article 48]}

See also

• Category:Malagasy FOP cases

Citations

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

Text transcluded from
COM:Malawi

Malawi

Copyright rules: Malawi Shortcut: COM:MALAWI
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Create/publish + 50 years
Applied art	Publish + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Malawi}}
ISO 3166-1 alpha-3	MWI
Treaties
Berne convention	12 October 1991
WTO member	31 May 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 Malawi relevant to uploading works into Wikimedia Commons. Note that any work originating in Malawi must be in the public domain, or available under a free license, in both Malawi 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 Malawi, refer to the relevant laws for clarification.

Background

The region to the west and south of Lake Nyasa (now Lake Malawi) was colonized by the British in 1891 and became the protectorate of Nyasaland. In 1953 Malawi joined the semi-independent Federation of Rhodesia and Nyasaland, which was dissolved in 1963. In 1964 Nyasaland became an independent country.

Malawi has been a member of the Berne Convention since 12 October 1991 and the World Trade Organization since 31 May 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2016 (Act No. 26 of 2016) as the main IP law enacted by the legislature of Malawi. WIPO holds the text of this law in their WIPO Lex database. The 2016 act replaced and repealed the Copyright Act, 1989 (as amended on July 1, 2001). The provisions appear to be retroactive: "Any subsidiary legislation made under the repealed Act in force immediately before the commencement of this Act shall remain in force unless in conflict with this Act ...^{[26/2016 Section 120]}

General rules

According to the Malawian Copyright Act of 1989, the copyright terms of Malawi were as follows:

• Photographic works: 25 years since the end of the year of first publication. Note that the 2016 act does not specify a duration for photographs, which are considered "artistic works" and so would now be protected for life + 50 years.
• Audio-visual work: 50 years since the end of the year in which it was first made available to the public
• Works by individual authors: 50 years since the end of the year of the author's death
• Works by anonymous, corporate, or government authors: 50 years from the date of publication

Under the Copyright Act, 2016,

• Works are protected during the life of the author and for 50 years after his death.^{[26/2016 Section 35(1a)]}
• For a work of joint ownership, during the life of the last surviving author and for 50 years after his death.^{[26/2016 Section 35(1b)]}
• For anonymous or pseudonymous works, for a period of 50 years from the date on which such work was first published or otherwise lawfully made available to the public, whichever date is the latest, or if the work has not thus been made available to the public within 50 years of it having been created, for a period of 50 years from the date on which the work was created.^{[26/2016 Section 35(1c)]}
• For an audio­visual work, until the expiration of 50 years from the date on which such work is first published or otherwise made available to the public with the consent of the author, whichever date is the latest, or if the work has not thus been made available to the public within 50 years from the making of the work, for 50 years from the making of the work.^{[26/2016 Section 35(1d)]}
• For a work owned by the Government, for 50 years from the date on which the work was first made available to the public, or, if the work has not thus been made available to the public within 50 years from the making of the work, 50 years from the making of the work.^{[26/2016 Section 35(1e)]}
• For a work of applied art which is subject to production on an industrial scale, until the expiration of 25 years from the date on which the work was first published, or, if the work has not been published within 50 years of it having been made, for a period of 50 years from the date on which the work was made.^{[26/2016 Section 35(1f)]}

Every period specified in this section shall run to the end of the calendar year in which it would otherwise expire.^{[26/2016 Section 35(2)]}

Expressions of folklore: not free

See also: Commons:Paying public domain

"Expressions of folklore" means subject matter in the literary, dramatic, musical or artistic fields, belonging to the traditional cultural heritage of Malawi, preserved and developed by ethnic or local communities or by unidentified individuals of Malawi, and includes folk tales, folk poetry and riddles; folk songs and instrumental folk music; folk dances, plays and artistic forms of rituals; production of folk art, in particular drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, baskets and costumes; traditional musical instruments; and any works designated as such by the Minister by notice published in the Gazette.^{[26/2016 Section 2]} Protection of expressions of folklore applies to expressions of folklore belonging to the traditional or cultural heritage of Malawi developed and maintained by ethnic or local communities in Malawi; or unidentified Malawian individuals.^{[26/2016 Section 3(2)]}

Copyright in expressions of folklore shall vest in perpetuity in the Government on behalf of, and for the benefit of the people of Malawi.^{[26/2016 Section 67(1)]} The following uses of the expressions of folklore shall be subject to prior written authorization by the Minister when they are made for gainful purposes or outside their traditional and customary context: any publication, reproduction and any distribution of copies of expressions of folklore; or any communication to the public, including recitation, performance, broadcasting or distribution by cable, of expressions of folklore.^{[26/2016 Section 68]} Authorization of any use of expressions of folklore may be general or specific and may be granted upon application in writing to the Minister.^{[26/2016 Section 71(1)]}

Freedom of panorama

 Not OK, noncommercial only.

Reproduction of a work and making available to the public of any work that can be seen or heard in the course of a current event, for the purpose of reporting on the current event, by means of photography, cinematography or other means of communication, is permitted to the extent justified for an informative purpose.^{[26/2016 Section 45]} Reproduction and making available to the public by photography, cinematography, drawing or similar means of depiction of an artistic work is permitted when the work is

(a) included in the picture or recording by way of background or as incidental, to the essential matters represented;

(b) a work of architecture in the form of a building; or

(c) a work of art permanently located in a place outdoors where it can be viewed by the public:

Provided that pictures or recordings in which the work of art clearly is the principal motif, shall not be commercially exploited without the consent of the author.^{[26/2016 Section 46]}

Copyright tags

• {{PD-Malawi}} – for following types of works:

a) photographs after 25 years from the end of the year of first publication;

b) computer programs 10 years after the end of the year in which they were first sold, leased or licensed;

c) audio-visual works 50 years from the end of the year of first publication;

d) other works 50 years from the end of the year of the author's death.

Stamps

Under Malawi's Copyright Act, 2016, the copyright term for works by the government is 50 years from the date of first publication and for works by individual authors is life of the author plus fifty years.^{[26/2016 Section 35(1a),(1e)]} Since the first stamps of Malawi were issued on 6 July 1964, the earliest any stamp of Malawi was PD in 2015 (and even then only if the artwork depicted on the stamp is a government work).

See also

• Malawi
• Category:Stamps of Malawi

Citations

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

Text transcluded from
COM:Malaysia

Malaysia

Copyright rules: Malaysia Shortcut: COM:MALAYSIA
Durations
Standard	Life + 50 years
Anonymous	Create/Publish + 50 years
Audiovisual	Publish + 50 years
Posthumous	Publish + 50 years
Government	Publish + 50 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Malaysia}}
ISO 3166-1 alpha-3	MYS
Treaties
Berne convention	1 October 1990
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	27 December 2012
*‌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 Malaysia relevant to uploading works into Wikimedia Commons. Note that any work originating in Malaysia must be in the public domain, or available under a free license, in both Malaysia 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 Malaysia, refer to the relevant laws for clarification.

Background

The territory that is now Malaysia was formed from several Malay states that became subject to Britain as the Straits Settlements. Peninsular Malaya regained independence on 31 August 1957, and united with North Borneo, Sarawak, and Singapore on 16 September 1963 to become Malaysia. Singapore left the federation in 1965.

Malaysia has been a member of the Berne Convention since 1 October 1990, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 27 December 2012.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1987 (Act 332, as at 1 January 2006) as the main copyright law enacted by the legislature of Malaysia. WIPO holds the text of this law in their WIPO Lex database. This was amended by the Copyright (Amendment) Act 2012. The 2012 act does not appear to affect the definitions of works or terms of protection.

The 1987 Act did not revive expired copyrights: "... this Act shall apply in relation to works made before the commencement of this Act as it applies in relation to works made after the commencement of this Act: Provided that this section shall not be construed as reviving any copyrights which had expired before the commencement of this Act."^{[332/2006 Section 2(1)]}

General rules

Under Copyright Act 1987 (Act 332, as at 1 January 2006),

• Except as otherwise provided, copyright in a literary, musical or artistic work subsists during the life of the author and for 50 years after his death.^{[332/2006 Section 17(1)]}
• Where a literary, musical or artistic work had not been published before the death of the author, copyright subsists for 50 years from the year in which the work was first published.^{[332/2006 Section 17(2)]}
• Where a literary, musical or artistic work is published anonymously or under a pseudonym, copyright subsists for 50 years from the year in which the work was first published, made available to the public or made, whichever is the latest.^{[332/2006 Section 17(3)]}
• In this section, a reference to "author" shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.^{[332/2006 Section 17(4)]}
• Copyright subsists in a published edition for 50 years from the year in which the edition was first published.^{[332/2006 Section 18]}
• Copyright subsists in a sound recording for 50 years from the year in which the recording was first published or, if the sound recording has not been published, from the year of fixation.^{[332/2006 Section 19]}
• Copyright subsists in a broadcast for 50 years from the year in which the broadcast was first made.^{[332/2006 Section 20]}
• Copyright subsists in a film for 50 years from the year in which the film was first published.^{[332/2006 Section 22]}
• Copyright subsists in every work which is eligible for copyright and which is made by or under the direction or control of the Government and such Government organizations or international bodies as the Minister may by order prescribe.^{[332/2006 Section 11]} Copyright in works of the Government, Government organizations and international bodies subsists for 50 years from the year in which the work was first published.^{[332/2006 Section 23]}
• Regardless of the above, the texts of laws, judicial opinions, and government reports are always free from copyright.^{[332/2006 Section 3 (definition of literary work)]}

All 50-year durations are computed from the beginning of the calendar year next following the year in which the work was first published or made. In other words, as of 2024, anonymous works published prior to 1 January 1974 are now in the public domain.

Duration under the Copyright Act 1969

A comparison of copyright laws in Asia from 1982 gives information on the copyright terms under the previous Copyright Act 1969, which is unavailable online. They were shorter than those in the Copyright Act 1987:

• General term: Author's life + 25 years
• Anonymous, pseudonymous, or posthumous works: Publication + 25 years
• Cinematographic works: Publication + 25 years
• Photographic works: Publication + 25 years
• Sound recordings: Publication + 25 years
• Broadcasts: Broadcast + 25 years
• Works of legal bodies: Publication + 25 years

Because the 1987 extension was not retroactive, works made by authors who died before 1962 are in the public domain in both Malaysia and the US according to URAA, as well as anonymous, cinematographic, photographic, sound recording, broadcast, or corporate works published prior to 1962.

Copyright tags

• {{PD-Malaysia}}

Currency

 Not OK According to the Bank Negara Malaysia, "You are not allowed to reproduce the Malaysian currency. It is also illegal for you to use any photograph, drawing or design of any note, coin or any part of the note or coin, of any size, scale or colour, in any advertising or on any merchandise or products, which are manufactured, sold, circulated or distributed except with the permission of BNM".

Freedom of panorama

OK {{FoP-Malaysia}}

According to Malaysian Copyright Act 1987, the right of control is excluded from "the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public".^{[332/2006 Section 13(2)(d)]} Section 3 defines "artistic work" as any graphic work, photograph, sculpture, collage, and work of architecture or artistic craftsmanship. Layout-designs of integrated circuits are not artistic works.

For the meaning of the term works of artistic craftsmanship, see "United Kingdom – Freedom of panorama".

Stamps

According to article 23 of The Copyright Act 1987 (act 332), works by the Government Organizations are subject to copyright until the beginning of the year following 50 years after publication, so only stamps more than 50 years old may be uploaded and they should use the template {{PD-Malaysia}}. This applies until 1992 when the Malaysian post office was corporatized as Pos Malaysia, so the normal artistic copyright term likely applies (life plus 50 years), unless as a corporate work the term of publish plus 50 years applies.

Threshold of originality

The threshold of originality situation in Malaysia remains  Unsure. Some previous discussions:

1. The File:Hcc.png was deleted probably based on calligraphic Chinese words, and cited that COM:TOO UK may also applied for deletion;
2. But the File:Petronas Logo.svg was nominated and decided to keep twice, despite that this may also beyond COM:TOO UK. Note that this logo is used before June 2013, and since that, the Petronas modified their logo to be more modern and fairly complex, the current Petronas logo is located at English Wikipedia for Fair use, though some users oppose that.

See also

• Malaysia
• Category:License tags of Malaysia
• Category:Malaysian FOP cases
• Category:Stamps of Malaysia
• Commons:Copyright rules by territory/United Kingdom

Citations

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

Text transcluded from
COM:Maldives

Maldives

Copyright rules: the Maldives Shortcut: COM:Maldives
Durations
Standard	Life + 50 years
Anonymous	Create/publish + 50 years
Audiovisual	Create/publish + 50 years
Collective	Create/publish + 50 years
Applied art	Create + 25 years
Other
Terms run to year end	Yes
Common licence tags	{{PD-Maldives}}
ISO 3166-1 alpha-3	MDV
Treaties
WTO member	31 May 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 the Maldives relevant to uploading works into Wikimedia Commons. Note that any work originating in the Maldives must be in the public domain, or available under a free license, in both the Maldives 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 the Maldives, refer to the relevant laws for clarification.

Background

The Maldives became a British protectorate in 1887, and gained independence from the United Kingdom on 26 July 1965. The country has been a member of the World Trade Organization since 31 May 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright & Related Rights Act (Law 23 of 2010) as the main copyright law enacted by the legislature of the Maldives. WIPO holds the text of this law in their WIPO Lex database. The act did not extend the copyright protection of works whose protection had expired.^{[23/2010 Section 2(b)]}

General rules

Under the The Copyright & Related Rights Act (Law 23 of 2010),

• In general the economic and moral rights shall be protected during the life of the author and for full 50 years after his death.^{[23/2010 Section 20(a)]}
• In the case of co and joint authorship, the economic and moral rights shall be protected under this Regulation, during the life of the last surviving author and for full 50 years after his death.^{[23/2010 Section 20(b)]}
• In the case of collective work, other than a work of applied art, and in the case of an audiovisual work, the economic and moral rights shall be protected for 50 years from the date on which the work was either made, first made available to the public, or first published, whichever date is latest.^{[23/2010 Section 20(c)]}
• In the case of a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest.^{[23/2010 Section 20(d)]}
• In the case of a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.^{[23/2010 Section 20(e)]}
• All periods mentioned in the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.^{[23/2010 Section 20(f)]}

Not protected

Under the The Copyright & Related Rights Act (Law 23 of 2010), no protection shall extend to: (a) any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; and (b) any official text of a legislative, administrative or legal nature, as well as any official translation of such documents.^{[23/2010 Section 6]}

Freedom of panorama

 Not OK. The relevant section of the The Copyright & Related Rights Act (Law 23 of 2010), "Section 17: Reproduction, broadcasting and other communication to the public for informatory purposes" does not contain any language that indicates freedom of panorama.^{[23/2010 Section 17]}

See also

• Category:Maldivian FOP cases

Citations

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

Text transcluded from
COM:Mali

Mali

Copyright rules: Mali Shortcut: COM:MALI
Durations
Standard	Life + 70 years
Anonymous	Create/publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Mali}}
ISO 3166-1 alpha-3	MLI
Treaties
Berne convention	19 March 1962
Bangui Agreement	30 September 1984
WTO member	31 May 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	24 April 2002
*‌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 Mali relevant to uploading works into Wikimedia Commons. Note that any work originating in Mali must be in the public domain, or available under a free license, in both Mali 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 Mali, refer to the relevant laws for clarification.

Background

France seized Mali in the late 19th century and made it part of French Sudan. On 20 June 1960 the country regained independence in federation with Senegal, and on 22 September 1960 became the independent Republic of Mali.

Mali has been a member of the Berne Convention since 19 March 1962, the Bangui Agreement since 30 September 1984, the World Trade Organization since 31 May 1995 and the WIPO treaty since 24 April 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 08-024 of July 23, 2008, laying down the Regime of Literary and Artistic Property in the Republic of Mali as the main copyright law enacted by the legislature of Mali. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the 2008 law,

• Economic rights generally last for the life of the author and 70 years after his death.^{[08-024/2008 Article 44]}
• Economic rights to a collaborative work last for 70 years after the death of the last surviving author.^{[08-024/2008 Article 45]}
• Economic rights to an anonymous or pseudonymous work are protected for 70 years after the publication if published within 70 years of creation, or of first public disclosure if disclosed within 70 years of creation, or else for 70 years after creation.^{[08-024/2008 Article 46]}
• Economic rights to an collective or audiovisual work are also protected for 70 years after the publication if published within 70 years of creation, or of first public disclosure if disclosed within 70 years of creation, or else for 70 years after creation.^{[08-024/2008 Article 47]}
• Economic rights to a work of applied arts are protected for 25 years after creation.^{[08-024/2008 Article 48]}

All periods expire at the end of the calendar year in which they would normally expire.^{[08-024/2008 Article 49]}

Public domain

See also: Commons:Paying public domain Works in the public domain include works whose protection period have expired, works whose owners have waived their rights, and works of foreign authors who are not protected. The right of exploitation of works that have fallen into the public domain is administered by the professional body of collective management.^{[08-024/2008 Article 53]}

Expressions of Folklore: not free

Wooden figure Dogon 17th-18th century

"Expressions of folklore" means productions which consist exclusively of characteristic elements of the traditional artistic and literary heritage, which are developed and perpetuated by a national community of the Republic of Mali or by individuals recognized as meeting the traditional artistic aspirations of this community and includes folk tales, popular poetry, popular songs and instrumental music, popular dances and performances, and expressions of ritual art and productions of folk art.^{[08-024/2008 Article 107]} Expressions of Folklore whose individual authors are unknown, but for which there is every reason to believe that they are citizens of the Republic of Mali, belong to the national heritage.^{[08-024/2008 Article 108]} These works are protected without time limitation.^{[08-024/2008 Article 110]}

Representation or public performance, and reproduction by some process of expressions of folklore, with a view to profitable exploitation and outside the traditional or customary context, are subject to the authorization by the collective management body, by means of payment of a fee. The proceeds will be managed by the professional body of collective management and devoted to cultural and social purposes for the benefit of Malian authors.^{[08-024/2008 Article 111]}

Currency

Shortcut

• COM:CUR Mali

See also: Commons:Currency

 Unsure West African CFA franc used in Mali has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law , but it is not known if it also applies to West African CFA franc.

See also: COM:CUR France

Freedom of panorama

 Not OK: for incidental use of images of public artistic works in audiovisual or broadcasting media only. Under the 2008 law, permitted uses are limited to:

• Reproduction for the purpose of audiovisual creation or broadcasting and public communication of works of figurative and architectural art permanently placed in a public place and whose inclusion in the audiovisual work or broadcast is accessory or incidental to the main subject.^{[08-024/2008 Article 27(b)]}
• Reproduction and communication of literary, artistic or scientific works that may be seen or heard on the occasion of reports of a news event by means of photography, cinematography or broadcasting.^{[08-024/2008 Article 27(c)]}

See also

• Mali
• Category:Malian FOP cases

Citations

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

Text transcluded from
COM:Malta

Malta

Copyright rules: Malta Shortcut: COM:MALTA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Government	Publish + 70 years
Other
Freedom of panorama	Yes
ISO 3166-1 alpha-3	MLT
Treaties
Berne convention	21 September 1964
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	14 March 2010
*‌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 Malta that are relevant to uploading works into Wikimedia Commons. Note that any work originating in Malta must be in the public domain, or available under a free license, in both Malta 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 Malta, refer to the Copyright Act for clarification.

Governing laws

The UK Copyright Act 1911 applied in Malta as of 1912, introducing a general copyright term of Life + 50 years, save for posthumous works, government works and photographs, for which the copyright protection was for 25 years following creation. ^{[1911 Art. 3]} With the 1970 Copyright Act (Cap.196 of the Laws of Malta), copyright protection was reduced to Life + 25 years for literary, musical and artistic works. Photographic and cinematographic works, as well as anonymous/pseudonymous works, remained protected for 25 years since publication. ^{[1970/196 Art. 4(2)]} The 2000 Copyright Act (Cap.415 of the Laws of Malta) generally raised copyright protection to Life + 70 years. ^{[415/2000-2011 Art. 4(2)]} Law 197/2004 revived copyright whose protection had expired before the coming into force of the Copyright Act, but were on the 1st May, 2004 still protected in an EEA country.

The above means that:

• photographs published between 1912 and 1948 have been protected for 50 years; they entered the public domain between 1963 and 1999;
• photographs published between 1970 and 1973 have been protected for 25 years; they entered the public domain between 1996 and 1999;
• photographs published between 1949 and 1969, and since 1974, fall under the scope of the 2000 Copyright act; their copyright expires 70 years after the death of their author.

Malta has been a member of the Berne Convention since 21 September 1964, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2000 (Chapter 415) as the main IP law enacted by the legislature of the Malta. WIPO holds the Copyright Act 2000 as amended up to Act No. VIII of 2011 in their WIPO Lex database. The act replaces the Copyright Act, Cap. 196.^{[415/2000-2011 Preamble]} It applies to works made after the act came into force, and works made earlier whose term of protection had not yet expired. It is not retroactive, in the sense that it cannot be used against actions that were allowed by the previous act.^{[415/2000-2011 Art.60]}

Applicability

The Copyright Act 2000 (Chapter 415) covers artistic works, audiovisual works, databases, literary works and musical works. Literary, musical and artistic works must be original in character and must have been reduced to material form.^{[415/2000-2011 Art. 3 (1-2)]}

• "Artistic works" include paintings, drawings, etchings, lithographs, woodcuts, engravings and prints; maps, plans, diagrams and three-dimensional works relative to geography, science or topography, works of sculpture; photographs not comprised in an audiovisual work; works of architecture in the form of buildings or models; and works of artistic craftsmanship, including pictorial woven tissues and articles of applied handicraft and industrial art.^{[415/2000-2011 Art. 2]}
• "Audiovisual work" is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible.^{[415/2000-2011 Art. 2]}
• "Database" means a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.^{[415/2000-2011 Art. 2]}
• "Literary work" includes novels, stories and poetical works; plays, stage directions, choreographic works or entertainment in dumb show, film scenarios and broadcasting script; textbooks, treatises, histories, biographies, essays and articles; encyclopaedias and dictionaries; letters, reports and memoranda; lectures, addresses and sermons; and computer programs. It does not include any written law, law report or judicial decisions.^{[415/2000-2011 Art. 2]}
• "Musical work" means any musical work, irrespective of musical quality, and includes works composed for musical accompaniment.^{[415/2000-2011 Art. 2]}

Copyright protection is given to works eligible for copyright where the author (or any of the joint authors) is a citizen, permanent resident or legal entity of Malta or of a state where copyright is protected under an international agreement to which Malta is also a party.^{[415/2000-2011 Art. 4(1)]} As of 1997 this included most countries in the world from Angola to Zimbabwe. Copyright is transmissible by assignment, operation of law or by testamentary disposition as movable property, and may be limited to certain acts, limited in time and limited in geographical area.^{[415/2000-2011 Art. 24(2)]}

Durations

In this article, "50 years after [event]" means "for 50 years after the end of the year when [event] happened".

• Literary, musical and artistic works, and databases, are protected for 70 years after the author dies.^{[415/2000-2011 Art. 4(2)]}
• Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.^{[415/2000-2011 Art. 4(2)]}
• Anonymous or pseudonymous literary, musical or artistic works are protected for 70 years after they were made public, or after they were made if they were not made public. If the identity of the author becomes known, the work is protected for 70 years after death of the author.^{[415/2000-2011 Art. 4(3)]}
• A "work of joint authorship" is a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors.^{[415/2000-2011 Art. 2]} Works of joint authorship are protected for 70 years after death of the last surviving author.^{[415/2000-2011 Art. 4(4)]}
• A collective work is a work created by two or more physical persons at the initiative and under the direction of a physical person or legal entity with the understanding that it will be disclosed by the latter person or entity.^{[415/2000-2011 Art. 2]} Collective works are protected for 70 years after they were made public, or after they were made if they were not made public.^{[415/2000-2011 Art. 4(3)]} If the natural persons who have created a collective work are individually identifiable, the work is protected for 70 years after their death.^{[415/2000-2011 Art. 4(3)]}
• A co-written musical work may be considered to be a work of joint authorship or a collective work depending on the arrangement between the authors.
• When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.^{[415/2000-2011 Art. 4(6)]}

Government works

Copyright protection extends to work which is eligible for copyright and which is made by or under the direction or control of the Government of Malta. ^{[415/2000-2011 Art. 6(1)]}

• Databases and literary, musical or artistic works are protected for 70 years from publication.^{[415/2000-2011 Art. 6(2)]}
• Audiovisual works are protected for 70 years after the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.^{[415/2000-2011 Art. 6(3)]}
• When an unpublished work whose copyright has expired is published, the work is protected for 25 years from publication.^{[415/2000-2011 Art. 6(4)]}

License tags

Any work whose country of origin is Malta should have tags that indicate why the work is public domain or free license in Malta and the United States. These should be placed in the "Permission" parameter of the {{Information}} template (or the respective parameter of similar templates) or in the "Licensing" section.

Tags that may be used to show copyright status in Malta include:

• {{PD-old-auto}} – Author(s) died more than 70 years ago, showing year of death
• {{PD-old-70}} – Author(s) died more than 70 years ago
• {{PD-EU-no author disclosure}} – Anonymous or pseudonymous work published more than 70 years ago with no subsequent claim of authorship
• {{PD-collective-work}} – Collective work in the public domain
• {{PD-EU-unpublished}} – Work published after copyright had expired, published more than 25 years ago
• {{PD-MaltaGov}} – Government work published more than 70 years ago
• {{PD-self}} – Work you created and are releasing into the public domain
• {{Cc-by-sa-3.0}} – Released under the Creative Commons Attribution-Share Alike 3.0 Unported license. See Category:CC license tags for other similar tags

Also provide a United States tag such as

• {{PD-US-expired}} – First published before 1929
• {{PD-1996}} – Meets the requirements for works published before the Uruguay Round Agreements Act date

Currency

 Not OK There is no copyright exception for Maltese currency or governmental work (see articles 2(1)a, 3(1)a and 6(1) of the Maltese copyright act). The Bank of Malta makes currency images available for use, but their disclaimer forbids any kind of derivative work, thus making these files impossible to host on Commons.

Freedom of panorama

OK for buildings and sculptures. {{FoP-Malta}}

Malta's Copyright Act states that copyright "shall not include the right to authorise or prohibit (…) the inclusion in a communication to the public, the making of a graphic representation and the making of a photograph or film, of a work of architecture or sculpture or similar works made to be located permanently in public places."^{[415/2000-2011 Art. 9(1)(p)]}

Citations

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

Text transcluded from
COM:Manchukuo

Manchukuo

Copyright rules: Manchukuo Shortcut: COM:MANCHUKUO
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Collective	Publish + 50 years
Other
Common licence tags	{{PD-Manchukuo-stamps}}
ISO 3166-1 alpha-3	~
Treaties

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

Background

Manchukuo was founded in 1932 after Japanese troops occupied Northeast China and dissolved by the Soviet Union in 1945. China has always claimed Northeast China without recognizing Manchukuo.

Copyright tags

• {{PD-Manchukuo}} – for collective and anonymous works from Manchukuo, which are now in the public domain in the People's Republic of China.
• {{PD-Manchukuo-stamps}} – for stamps issued by the government of Manchukuo, which are now in the public domain in China.

Stamps

use {{PD-Manchukuo-stamps}}.

As China has always claimed Northeast China without recognizing Manchukuo, any copyright of Manchukuo stamps would have expired no later on 1 January 1996. China limits corporate copyright to 50 years since publication, and it is no longer known who designed the stamps.

See also

• Manchukuo
• Category:Stamps of Manchukuo
• Commons:Copyright rules by territory/China

Citations

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

Text transcluded from
COM:Marshall Islands

Marshall Islands

Copyright rules: the Marshall Islands Shortcut: COM:Marshall Islands
Durations
Other
Common licence tags	{{PD-Marshall Islands}}
ISO 3166-1 alpha-3	MHL
Treaties
URAA restoration date‌*	None
*‌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 the Marshall Islands relevant to uploading works into Wikimedia Commons. Note that any work originating in the Marshall Islands must be in the public domain, or available under a free license, in both the Marshall Islands 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 the Marshall Islands, refer to the relevant laws for clarification.

Governing laws

The Marshall Islands were claimed by Spain in 1592. Spain sold them to Germany in 1885, and they became part of German New Guinea. The islands were occupied by Japan during World War I, and made part of Japan's South Pacific Mandate in 1920. The islands were occupied by the United States in 1944 and formally made part of the Trust Territory of the Pacific Islands. In 1979 they became fully independent in a Compact of Free Association with the United States.

The Marshall Islands is party to several treaties which contain minor clauses relating to intellectual property, although it appears that most of these relate to specific and minor issues not related to the types of works that Wikimedia Commons hosts. For example, the International Treaty on Plant Genetic Resources for Food and Agriculture states that "[recipients of seeds from foreign countries party to the treaty] shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture".

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any IP laws enacted by the legislature of the Marshall Islands other than the Unauthorized Copies of Recorded Materials Act, 1991. As of 2010 there was no IP/copyright legislation outside of that act. The Pacific Islands Legal Information Institute holds a copy of this act.

General rules

The Unauthorized Copies of Recorded Materials Act, 1991 prohibits the unauthorized sale, copying/transfer for sale/profit, or commercial use (eg. public performance for profit) of sound & audio-visual recordings only. The Act does not apply if:^{[1991 §204]}

• the person who owns the master [disc/film/record/etc] is not a citizen of [the Marshall Islands;
• the master sound recording or audio-visual work "was not created, originated, produced or otherwise recorded in the [Marshall Islands]";
• the copied work is "intended for or in connection with a radio or television broadcast transmission that is available to the public without charge, or for historic, cultural or archival preservation or related purposes"; or
• the work is copied solely for personal use "with no intent to capitalize commercially on such reproduction."

The four exemptions listed will not apply if they contradict the text of any international treaty (whether it specifically focuses on intellectual property or not) which is ratified by the Marshall Islands.

Lack of relevant treaties

Per U.S. Circ. 38a, the following countries are not participants in the Berne Convention or Universal Copyright Convention and there is no presidential proclamation restoring U.S. copyright protection to works of these countries on the basis of reciprocal treatment of the works of U.S. nationals or domiciliaries: Eritrea, Ethiopia, Iran, Iraq, Marshall Islands, Palau, Somalia, Somaliland, and South Sudan. As such, works published by citizens of these countries in these countries are usually not subject to copyright protection outside of these countries. Hence, such works may be in the public domain in most other countries worldwide. However: Works published in these countries by citizens or permanent residents of other countries that are signatories to the Berne Convention or any other treaty on copyright will still be protected in their home country and internationally as well as locally by local copyright law (if it exists). Similarly, works published outside of these countries within 30 days of publication within these countries will also usually be subject to protection in the foreign country of publication. When works are subject to copyright outside of these countries, the term of such copyright protection may exceed the term of copyright inside them. Unpublished works from these countries may be fully copyrighted. A work from one of these countries may become copyrighted in the United States under the URAA if the work's home country enters a copyright treaty or agreement with the United States and the work is still under copyright in its home country. Marshall Islands has enacted Unauthorized Copies of Recorded Materials Act, 1991 which came into force on 30 September 1991, it grants some Marshallese works limited, internal, intellectual property rights over sound and audio-visual recordings only.

Freedom of panorama

OK on a high level, probably  Not OK if reproducted as audiovisual works [citation needed?]. The only "copyright protections" provided by the Unauthorized Copies of Recorded Materials Act, 1991 does not extend to any architectural or artistic works, or other type of permanently placed works, so any photograph reproductions of them are just considered acceptable, just use {{PD-Marshall Islands}} if and when appropriate.

Citations

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

Text transcluded from
COM:Mauritania

Mauritania

Copyright rules: Mauritania Shortcut: COM:MAURITANIA
Durations
Standard	Life + 70 years
Photograph	Creation + 70 years
Anonymous	Create/publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Posthumous	Create/publish + 70 years
Applied art	Creation + 70 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Mauritania}}
ISO 3166-1 alpha-3	MRT
Treaties
Berne convention	6 February 1973
Bangui Agreement	8 February 1982
WTO member	31 May 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 Mauritania relevant to uploading works into Wikimedia Commons. Note that any work originating in Mauritania must be in the public domain, or available under a free license, in both Mauritania 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 Mauritania, refer to the relevant laws for clarification.

Background

France began to extend its control north from the Senegal River area into what is now Mauritania in the late 19th century. Mauritania was part of French West Africa from 1920. The country gained independence in 1960.

Mauritania has been a member of the Berne Convention since 6 February 1973, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 31 May 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not list any copyright law enacted by the legislature of Mauritania. A report on Mauritania on the World Trade Organization website in March 2009 stated that Mauritania had not yet notified the WTO of its intellectual property rights legislation, and had not ratified the Protocol amending the TRIPS Agreement.

The WTO stated that the legislative and regulatory framework of copyright in Mauritania had undergone a major reform with the adoption of Law No. 2012-038 of 17 July 2012 on literary and artistic property, but implementing legislation had not been adopted. In November 2018 Loi No 2012-038 relative à la propriété littéraire et artistique was held on the website of the Organisation Africaine de la Propriété Intellectuelle. Following a website reorganization, the document is no longer available.

General rules

According to the 2012 copyright act Loi No 2012-038 relative à la propriété littéraire et artistique,

• Protection lasts for 70 years after the death of the author.^{[2012-038 Art. 53]}
• For joint works, protection lasts for 70 years after death of the last surviving author.^{[2012-038 Art. 54]}
• For collective and audiovisual works, protection lasts for 70 years after creation, public disclosure if within 70 years of creation or publication if within 70 years of creation, whichever is latest.^{[2012-038 Art. 55, 57]}
• For pseudonymous, collective or posthumous work, protection last for 70 years after the date of its publication or creation, whatever is the latest.^{[2012-038 Art. 56, 59]}
• In the case of photographic works and works of applied art, protection lasts for 70 years after the date of creation.^{[2012-038 Art. 58]}

All terms run to the end of the year in which they expire.

Traditional cultural heritage and national works: not free

See also: Commons:Paying public domain

The 2012 copyright law gives protection to works of traditional cultural heritage and national works that have fallen into the public domain.^{[2012-038 Art. 8]}

• Traditional cultural heritage works consist of works of classical folk music; musical works and folk songs; popular expressions, created, developed and perpetuated within the national community and characteristic of the country's traditional culture; stories, poetry, dances and popular performances; works of popular art such as drawing, painting, engraving, sculpture, pottery and mosaic; work on metal objects, wood, jewelry, basketry and needlework, carpets and textiles.^{[2012-038 Art. 8]}
• National works that have fallen into the public domain shall consist of literary or artistic works whose term of protection of economic rights for the benefit of their author and rights holders under the provisions of this law has come to an end.^{[2012-038 Art. 8]}

The Copyright and Neighboring Rights Unit is responsible for protecting works in the public domain and works of traditional cultural heritage.^{[2012-038 Art. 139]} Exploitation of these works is subject to authorization granted by the Copyright and Neighboring Rights Unit. When the exploitation is for profit, the Unit receives a royalty.^{[2012-038 Art. 140]} The royalties are intended to finance the recording and preservation of these works.^{[2012-038 Art. 140]}

Freedom of panorama

OK in most places.

Reproduction or communication to the public of a work of architecture or the fine arts, a work of the applied arts or a photographic work shall be considered lawful, without permission of the author or remuneration, if it is permanently located in a public place, with the exception of art galleries, museums and classified cultural and natural sites.^{[2012-038 Art. 47]}

Citations

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

Text transcluded from
COM:Mauritius

Mauritius

Copyright rules: Mauritius Shortcut: COM:MAURITIUS
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Audiovisual	Publish + 50 years
Applied art	Create + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Mauritius}}
ISO 3166-1 alpha-3	MUS
Treaties
Berne convention	10 May 1989
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 Mauritius relevant to uploading works into Wikimedia Commons. Note that any work originating in Mauritius must be in the public domain, or available under a free license, in both Mauritius 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 Mauritius, refer to the relevant laws for clarification.

Background

Mauritius was a French colony from 1715 to 1810, then a British colonial possession until 1968. Mauritius proclaimed independence on 12 March 1968.

Mauritius has been a member of the Berne Convention since 10 May 1989 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2014 as the main copyright law enacted by the legislature of Mauritius. WIPO holds the text of this law in their WIPO Lex database.

Durations

According to the 2014 copyright act (File:Mauritius Copyright act from 2014.pdf), Part III - Features of Economic Rights, Section 15. Duration of copyright

• The economic and moral rights shall be protected during the lifetime of the author and for 50 years after his death.^{[2014 Sec.15(1)]}
• For a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for 50 years after his death.^{[2014 Sec.15(2)]}
• For an audiovisual work, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public by publication, or by any other means, whichever date is the latest.^{[2014 Sec.15(3)]}
• For a work published anonymously or under a pseudonym, the economic and moral rights shall be protected for 50 years from the date on which the work was made or first made available to the public, by publication or by any other means, whichever date is the latest, where the author’s identity is revealed or is no longer in doubt before the expiration of the said period, the provisions of subsection (1) or (2) shall apply, as the case may be.^{[2014 Sec.15(4)]}
• For a work of applied art, the economic and moral rights shall be protected for 25 years from the making of the work.^{[2014 Sec.15(5)]}
• Every period provided for under the preceding subsections shall run to the end of the calendar year in which it would otherwise expire.^{[2014 Sec.15(6)]}

Copyright tags

• {{PD-Mauritius}} – photographs 25 years after creation, audio-visual works 50 years after publication, other works 50 years after the author's death.

Freedom of panorama

 Not OK. There is no exception for freedom of panorama for commercial purposes.

Citations

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

Text transcluded from
COM:Mexico

Mexico

Copyright rules: Mexico Shortcut: COM:MEXICO
Durations
Standard	Life + 100 years
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-old-auto}} {{PD-Mexico}} {{PD-Mexico-1918}} {{PD-MX-exempt}} {{PD-Mexico-NIP}} {{FoP-Mexico}}
ISO 3166-1 alpha-3	MEX
Treaties
Berne convention	11 June 1967
Univ. Copyright Convention	12 May 1957
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌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 Mexico relevant to uploading works into Wikimedia Commons. Note that any work originating in Mexico must be in the public domain, or available under a free license, in both Mexico 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 Mexico, refer to the relevant laws for clarification.

Background

Mexico was conquered by Spain in 1521. It became independent in 1821.

Mexico has been a member of the Universal Copyright Convention since 12 May 1957, the Berne Convention since 11 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Federal Law on Copyright (consolidated text published in the Official Journal of the Federation on June 15, 2018) as the main IP law enacted by the legislature of Mexico. WIPO holds the text of this law in their WIPO Lex database. Eduardo de la Parra Trujillo wrote a critical commentary on the reforms to the copyright law in 2004, which may still be relevant.

General

Under the Federal Law on Copyright (1996, consolidated up to June 15, 2018),

• Copyright lasts for the life of the author and 100 years after their death.^{[1996-2018 Art. 29(I)]}
• For a work of joint authorship, copyright lasts for the life of the authors and 100 years after the death of the last survivor.^{[1996-2018 Art. 29(I)]}
• Copyright also lasts for 100 years after the work is disclosed.^{[1996-2018 Art. 29(II)]}
• Anonymous works are in public domain until the author or the owner of the rights are identified.^{[1996-2018 Art. 153]}
• Plastic or photographic works: author's life plus 100 years.^{[1996-2018 Art. 92 bis]}
• Unoriginal databases: 5 years from creation date.^{[1996-2018 Art. 108]}
• Music groups, choirs, orchestras, ballet and theater companies: 75 years from recording date of a sound work, or first broadcast (TV and radio), or first performance of a work that was not recorded.^{[1996-2018 Art. 122]}
• Book editors: 50 years from date of publication of the first edition.^{[1996-2018 Art. 127]}
• Phonogram producers: 75 years from recording date.^{[1996-2018 Art. 134]}
• Videogram producers: 50 years from date of filming.^{[1996-2018 Art. 138]}
• Broadcasting organisations: 50 years from first broadcast (TV and radio).^{[1996-2018 Art. 146]}

The above does not apply to works that were already in the public domain before 23 July 2003. Generally speaking, that means works created by someone who had died before 1952 are in the public domain, since they died 30 years before the non-retroactive extension to life plus 50 years was implemented on 12 January 1982.

Term extensions

Copyright terms have been repeatedly extended, but not retroactively. Works remained in the public domain if they were in the public domain before each new law took effect. Relevant laws include the Federal Civil Code of 1928, Federal Copyright Act of 1948, Federal Copyright Act of 1956, Federal Copyright Act of 1963, General Copyright Regime of 1982 and Federal Copyright Act of 1996 and later reforms up to 2014.

• 1928:
  • 50 years for scientific works.^{[1928 Art.1181]}
  • 30 years for artistic or literary works.^{[1928 Art.1183]}
  • Registration was required within 3 years of publication.^{[1928 Art.1189]}
• 1948: All terms became life plus 20 years.^{[1948 Art.8]} Registration no longer required for works first published Jan 14, 1948 or later; six-month grace period to register old works to regain copyright.^{[1948 Trans.Art.Tercero]}
• 1963: All terms became life plus 30 years.^{[1963 Art.23(I)]}
• 1982: The Diario Oficial of 11 January 1982 reported a revision to Article 23 under which copyright lasted for life plus 50 years, for 50 years from publication for posthumous works, and for 50 years from publication for anonymous works.
• 1994: The term was extended to life plus 75 years in 1993, effective 1 January 1994, only applicable to works still in copyright at the time.
• 2003: The term was extended to life plus 100 years.

On the URAA date (1996-01-01), the Copyright Act of 1982 was still applicable.

Government works

Works created by the Mexican government are protected by copyright for 100 years after publication.^{[1996-2018 Art.29(II)]} This applies to the federal, state and municipal governments. As with known authors, the term was extended repeatedly in the past.

• Under the 1928 Federal Civil Code, the government could hold not copyright.^{[1928 Art.1235]}
• The extension to 30 years from publication appears to have happened in 1963.
• The extension to 50 years from publication is documented in the Diario Oficial of 11 January 1982.

Protected

Under the 1996 copyright law as of 2018, the following are protected,^{[1996-2018 Art.13]}

• I. Literary works;
• II. Musical works with or without words;
• III. Dramatic works;
• IV. Dances;
• V. Pictorial works or works of drawing;
• VI. Sculptures and works of three-dimensional art;
• VII. Caricatures and cartoons;
• VIII. Architectural works;
• IX. Cinematographic and other audiovisual works;
• X. Radio and television programs;
• XI. Computer programs;
• XII. Photographs;
• XIII. Works of applied art, including works of graphic or textile design;
• XIV. Works of compilation, consisting of collections of works such as encyclopedias, anthologies, and databases, provided that the said collections constitute intellectual creations by reason of the selection or arrangement of their contents.

Not protected

Under the 1996 copyright law as of 2018, the following are not protected,^{[1996-2018 Art.14]}

• I. Ideas, formulas, solutions, concepts, methods, systems, principles, discoveries, processes and inventions of any kind;
• II. Industrial or commercial use of the ideas contained in the works;
• III. Schemes, plans or rules to perform mental acts, games or business;
• IV. Letters, digits or isolated colors, unless their stylization is such that they become original drawings;
• V. Names and titles or isolated phrases;

• VI. Simple formats or blank forms to be filled with any type of information, as well as their instructions;
• VII. Reproductions or imitations, without authorization, of shields, flags or emblems of any country, state, municipality or equivalent political division, or denominations, acronyms, symbols or emblems of international governmental, non-governmental organizations, or of any other officially recognized organization as well as the verbal designation of the same;
• VIII. Legislative, regulatory, judicial administrative texts, as well as their official translations. If they are published, they must adhere to the official text and will not confer exclusive editing rights; however, the concordances, interpretations, comparative studies, annotations, commentaries and other similar works that entail, on the part of their author, the creation of an original work will be object of protection;
• IX. The informative content of the news, but its form of expression, and
• X. Information of common use such as proverbs, sayings, legends, facts, calendars and metric scales.

Copyright tags

• {{PD-Mexico}} – author died before 1952 or government works over 100 years old.
• {{PD-Coa-Mexico}} – coats of arms.
• {{PD-MX-exempt}} – shields, flags or emblems of the Mexican government, or any other organization officially recognized.
• {{PD-Mexico-NIP}} – all information published at http://fuente.presidencia.gob.mx/ before April 2006.
• {{LGACDMX}} – all open information published at "cdmx.gob.mx" websites.

Currency

 Not OK Mexican currency is copyrighted and the reproduction of designs is only permitted by seeking authorisation from the Ministry of Finance (Secretaría de Hacienda y Crédito Público). Coins and banknotes produced before 23 July 1928 entered the public domain before the law changed on 23 July 2003, and remain in the public domain.

Freedom of panorama

OK {{FoP-Mexico}}

Mexico's federal copyright law, Article 148, allows reproduction without compensation in certain circumstances:

• Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:"^{[1996-2018 Art.148]}
• Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places (lugares publicos).^{[1996-2018 Art.148(VII)]}

The term lugares publicos has been interpreted to include both interior and exterior public places. Government-owned places such as libraries, markets, parks and public gardens have no restrictions against freedom of panorama. However, due to the ambiguity of the article, on some occasions, some establishments like the Mexico City Metro (a government-owned system) have required users to request permission to film or photograph inside the facilities. The Federal Law of Telecom and Broadcasting also uses the term "public places". It defines public places as: "...those that are in the charge of dependencies of federal, state or municipal entities, or under public programs of any one of the three orders of government..." Public places under this law (page 7) would include:

• Schools, Universities, and every kind of building used for education;
• Clinics, Hospitals, and every kind of building used for health care;
• Government offices of all types;
• Community Centers;
• Free admission and open places such as parks, green areas and sports centers
• Places that collaborate in public federal programs.

Threshold of originality

As indicated above, the following are examples of what is and what is not protected under the 1996 copyright law:

These images are OK to upload to Commons

• 
  Letters, digits or isolated colors
• 
  Names and titles or isolated phrases
• 
  Simple formats or blank forms to be filled with any type of information, as well as their instructions (example picture)
• 
  Reproductions or imitations, without authorization, of shields, flags or emblems of any country, state, municipality or equivalent political division
• 
  Reproductions or imitations, without authorization, of international governmental, non-governmental organizations, or of any other officially recognized organization

These are  Not OK to upload to Commons (unless published under a free license by the copyright holder), because they are above the threshold of originality required for copyright protection and are not covered by the law itself.

See also

• México
• Category:License tags of Mexico
• Category:Mexican FOP cases
• Commons:Deletion requests/Template:FoP-Mexico

External links

• Federal Copyright Law of Mexico (in English)
• Guide to open data from the Mexican federal government

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

Text transcluded from
COM:Micronesia

Federated States of Micronesia

Text transcluded from
COM:Moldova

Moldova

Copyright rules: Moldova Shortcut: COM:MOLDOVA
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Applied art	Create + 25 years
Other
Freedom of panorama	For 3D works made to be located permanently in public places
Terms run to year end	Yes
Common licence tags	{{PD-Moldova}} {{PD-MD-exempt}}
ISO 3166-1 alpha-3	MDA
Treaties
Berne convention	2 November 1995
WTO member	26 July 2001
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌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 Moldova relevant to uploading works into Wikimedia Commons. Note that any work originating in Moldova must be in the public domain, or available under a free license, in both Moldova 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 Moldova, refer to the relevant laws for clarification.

Background

The eastern part of the Principality of Moldavia, known as Bessarabia, was ceded to the Russian Empire by the Ottoman Empire in 1812. After the Russian Revolution, the territory was recovered by Romania. In 1940, Bessarabia was captured by the USSR and split into the Ukrainian SSR and the newly formed Moldavian SSR within the Soviet Union. In 1990 the territory on the east of the Dneister river unilaterally broke away as Transnistria. Moldova declared independence on 27 August 1991.

Moldova has been a member of the Berne Convention since 2 November 1995, and the World Trade Organization since 26 July 2001 and the WIPO Copyright Treaty since 6 March 2002.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 139 of July 2, 2010, on Copyright and Neighboring Rights (as amended by Law No. 212 of July 29, 2016) as the main copyright law enacted by the legislature of Moldova. WIPO holds the text of this law in their WIPO Lex database. The 2010 law superseded the Law on Copyright and Related Rights No.293-XIII of 23.11.1994.^{[139/2010-16 Art.69]} The law was retroactive: the provisions of Article 23 (Durations) of the 2010 Law also apply to works whose term of protection calculated according to the provisions previously in force had expired.^{[139/2010-16 Art.70]}

On 9 October 2022, the new Law No. LP230/2022 of 28.07.2022 on Copyright and Related Rights (English text, Romanian text, Russian text) came into force. In accordance with Article 122(3) of the new law, Law No. 139 of July 2, 2010 is repealed.

General rules

Under the former Moldova Law. Art. 17. (Law no. 1268-XV), a file first published in the USSR of Moldova was in the public domain if it met either of the following conditions:

• It is a photographic or cinematographic work and fifty years have passed since the year of its production.
• It is another type of work and fifty years have passed since the year of the creator's (if known) death.

Under Law No. 139 of 2010 as amended in 2016,

• The economic rights in relation to works other than works of applied art are protected for the life of the author and for 70 years after his death, computed from 1 January of the year following that of his death, unless otherwise provided below.^{[139/2010-16 Art.23(1)]}
• Copyright in audiovisual works is protected for 70 years from 1 January of the year following that of the death of the last surviving joint author: a) the principle director; b) the author of the scenario (the scriptwriter); c) the author of the dialogue; d) the composer – the author of the musical work (with or without words) created specifically for such audiovisual work.^{[139/2010-16 Art.23(2)]}
• The term of protection of a musical composition with words expire 70 years after the death of the last to survive of the author of the lyrics and the composer of the musical composition, provided that both were specifically created for the respective musical composition with words.^{[139/2010-16 Art.23(2')]}
• Copyright in anonymous or pseudonymous works, except for works of applied art, is protected for 70 years from 1 January of the year following that of the legal publishing of the work. If the author of an anonymous or pseudonymous work reveals his identity or if it becomes evident during that period, the provisions of paragraphs (1) and (2) apply.^{[139/2010-16 Art.23(3)]}
• Copyright in works of joint authorship, except for works of applied art, are protected for the life of each joint author and for 70 years from 1 January of the year following that of the death of the last surviving joint author.^{[139/2010-16 Art.23(4)]}
• For the term of copyright in collective works provisions of paragraphs (1) and (3) of the present Article apply.^{[139/2010-16 Art.23(5)]}
• Copyright in works of applied art is protected for 25 years from its creation, except the industrial designs and models unregistered in compliance with the Law on the protection of the industrial designs and models, created for industrial purposes of reproduction and subject to a 3-year protection from creation.^{[139/2010-16 Art.23(7)]}

The copyright protection terms introduced by Law No. 139 of July 2, 2010 remain virtually the same in Law No. 230/2022 of 28.07.2022 on Copyright and Related Rights. The provisions are now at Article 12 of the new law.

Not protected

Under Law No. 139 of 2010 as amended in 2016, copyright protection does not extend to:^{[139/2010-16 Art.8]}

• legal acts, other administrative, political or judicial acts (laws, court decisions), or to the official translations thereof;
• state emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.);
• folklore expressions;
• daily news and facts of simple informational nature.

Copyright tags

• {{PD-MD-exempt}} – for official documents (laws, court decisions, etc.) or to the official translations thereof, state emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.), folklore expressions, daily news and facts of simple informational nature.
• {{PD-Moldova}} – Moldovan or Soviet work first published in USSR or Moldova and in the public domain because its copyright has expired: photographic or cinematographic work and fifty years have passed since the year of its production, or another type of work and fifty years have passed since the year of the creator's death.

Currency

OK Moldova currency is not copyrighted. Monetary items, together with other state symbols, are explicitly excluded from copyright by article 8 of Law on Copyright and Related Rights of Moldova.

Please use {{PD-MD-exempt}} for Moldova currency images.

Freedom of panorama

Under Law No. 230/2022 of 28.07.2022 on Copyright and Related Rights,

• The reproduction, broadcasting, communication to the public and making available to the public of the following acts shall be permitted without the consent of the author or rightholder and without payment of any remuneration in the following cases:... h) use of works, such as works of architecture or sculpture, intended for permanent location in public places;^{[230/2022 Art.57(h)]}

Prior to July 2010, there were commercial restrictions on such works similar to those of the Soviet Union, but an amendment (part of Law No. 139 of 2010) removed that restriction.

Free reproduction of artistic works (including commercial purposes) is:

• OK for architecture and sculptures made to be located permanently in public places; per article 57(h)
•  Not OK for sculptures not made to be located permanently in public places
•  Not OK for paintings, drawings, engravings or photographs.

Please use {{FoP-Moldova}} to tag images from Moldova which meet Freedom of Panorama conditions.

Stamps

use {{PD-MD-exempt}}.

According to the law on Copyright of the Republic of Moldova no. 293-XIII of 23 November 1994 (Amended by Law no. 1268-XV, of 25 July 2002) Article 7. refers to "State emblems and official signs (flags, armorial bearings, decorations, monetary signs, etc.)" as Works Not Protected by Copyright. The Moldovan Postal Law No. 36 from 29 April 2016 defines postal stamp as "printed valuable sign issued and put into circulation exclusively by the state as an attribute of its sovereignty".

See also

• Moldova
• Category:Moldovan FOP cases
• Category:License tags of Moldova
• Category:Stamps of Moldova
• Commons:Copyright rules by territory/Transnistria
• Commons:Copyright rules by territory/Soviet Union

Citations

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

Text transcluded from
COM:Monaco

Monaco

Copyright rules: Monaco Shortcut: COM:MONACO
Durations
Standard	Life + 50 years
Anonymous	Publisher life + 50 years
Posthumous	Publish + 50 years
Government	Public domain
Other
Freedom of panorama	No
Terms run to year end	Yes
ISO 3166-1 alpha-3	MCO
Treaties
Berne convention	30 May 1889
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 Monaco that are relevant to uploading works into Wikimedia Commons. Note that any work originating in Monaco must be in the public domain, or available under a free license, in both Monaco 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 Monaco, refer to Law 491 for clarification.

Governing laws

Monaco has been a member of the Berne Convention since 30 May 1889.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Loi n. 491 du 24/11/1948 sur la protection des œuvres littéraires et artistiques as the main copyright law enacted by the legislature of the Monaco.

The law came into effect on 1 January 1949.^{[491/1948 Art.35]} It applies to all literary or artistic works that were not in the public domain when it came into force.^{[491/1948 Art.36]} WIPO holds Law No. 491 as amended up to Law No. 1.313 of June 29, 2006 in their WIPO Lex database.

Applicability

The law applies to works authored or co-authored by a citizen of Monaco, and to all works first published in Monaco.^{[491/1948 Art.34]} Other works are protected as defined by international conventions. Applied art works are protected in Monaco to the same extent that they are protected in their country of origin.^{[491/1948 Art.34]} Authors have rights in all literary and artistic works that they create with no requirement for any formality.^{[491/1948 Art.1]} The rights of the author may be transferred in whole or part by gift, sale or inheritance, with some limitations on inheritance.^{[491/1948 Art.14]}

Works protected by copyright include all literary, scientific and artistic productions, whatever their mode or form of expression, such as books, pamphlets and other writings; lectures, addresses, sermons and similar works; dramatic or dramatico-musical works; choreographic works and pantomimes whose staging is fixed in writing or otherwise; musical compositions with or without words; cinematographic works and those obtained by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving, lithography; photographic works and those obtained by a process analogous to photography; works of applied arts; illustrations, maps, plans, sketches and plastic works relating to geography, topography, architecture or science.^{[491/1948 Art.2]}

Durations

Under Loi n. 491 du 24/11/1948,

• The author has the sole right to publish, reproduce or otherwise disclose their work, and has the exclusive right to authorise any translation, arrangement or adaptation of their work.^{[491/1948 Art.3-4]}
• The author of a translation, arrangement or adaptation has rights to their work without prejudice to the rights of the author of the original work.^{[491/1948 Art.5]}
• For individual works, copyright lasts 50 years after the author's death.^{[491/1948 Art.12]}
• For posthumous works, copyright lasts 50 years after publication.^{[491/1948 Art.12]}
• A collaborative work is the common property of the authors, but when it is not an indivisible whole each of the co-authors has the right to exploit their personal contribution separately.^{[491/1948 Art.7]} For collaborative works, copyright lasts 50 years after the death of the last surviving author.^{[491/1948 Art.12]}
• The publisher of an anonymous or pseudonymous work is treated as the author. However, if the identity of the author is established, the author or their successors obtain the copyright.^{[491/1948 Art.13]}

In the above definitions, "50 years after [event]" means "up to the end of the 50th year after the year in which [event] happened."

Not protected

Laws, ordinances, orders, decisions and administrative, judicial or official publications do not benefit from copyright protection.^{[491/1948 Art.38]}

Freedom of panorama

 Not OK: Chapitre - III RESTRICTIONS À L'EXERCICE DES DROITS (Chapter - III RESTRICTIONS ON THE EXERCISE OF RIGHTS) does not contain an exception that allows photographic and/or videographic reproductions and commercial publication and/or distribution of images of copyright-protected architecture and artistic works situated in public places.

Il est permis de publier des emprunts faits à des œuvres littéraires ou artistiques, à condition d'en indiquer la source et l'auteur lorsque ces publications ont un caractère scientifique, scolaire ou constituent des chrestomathies.

— in: 491/1948 Art.16

It shall be permissible to publish borrowings made from literary or artistic works, provided that the source and author are indicated where the publications are of a scientific, scholarly or chrestomathic nature.

— Translation of Article 16

See also

• Category:Monégasque FOP cases

Citations

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

Text transcluded from
COM:Mongolia

Mongolia

Copyright rules: Mongolia Shortcut: COM:MONGOLIA
Durations
Standard	Life + 50 years
Anonymous	Publish + 50 years
Applied art	Publish + 25 years
Other
Freedom of panorama	Yes
Common licence tags	{{PD-Mongolia}} {{PD MN-exempt}}
ISO 3166-1 alpha-3	MNG
Treaties
Berne convention	12 March 1998
WTO member	29 January 1997
URAA restoration date‌*	29 January 1997
WIPO treaty	25 October 2002
*‌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 Mongolia relevant to uploading works into Wikimedia Commons. Note that any work originating in Mongolia must be in the public domain, or available under a free license, in both Mongolia 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 Mongolia, refer to the relevant laws for clarification.

Background

Mongolia has been a member of the World Trade Organization since 29 January 1997, the Berne Convention since 12 March 1998 and the WIPO Copyright Treaty since 25 October 2002.

In 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006) as the main copyright law enacted by the legislature of Mongolia. This was repealed on May 6, 2021 in favor of a new, revised Law of Mongolia on Copyright and Related Rights. WIPO holds the text of this law and its amendments in their WIPO Lex database.

General rules

Under the Law of Mongolia on Copyright and Related Rights (as amended on May 6, 2021),

• The term of copyright protection work shall begin from the date of its creation or its publication.^{[2021 Article 14.1]}
• Exclusive rights to use the work shall be enforced during the lifetime of the author and for 50 years after December 31st of the year following the author's death.^{[2021 Article 14.3]}
• Exclusive rights to use the work created under a pseudonym or anonymously shall be valid until for December 31st of the 50th year after the first publication of the work.^{[2021 Article 14.5]}
• Copyright protection for joint works shall be enforced during the lifetime of the co-authors and for December 31st of the 50th year of the death of the last author.^{[2021 Article 14.7]}
• Exclusive rights to use the work of applied arts shall be enforced until December 31 of the 25th years from the date of creation of work.^{[2021 Article 14.4]}

Not protected

Under the Law on Copyright and Related Rights (as amended on May 6, 2021), Article 7 (Works not protected by copyright), the following are not protected by copyright:

• legislation, administrative norm acts, and other legal acts^{[2021 Article 7.1.1]}
• decisions and official documents of state administrative authorities and legal entities^{[2021 Article 7.1.2]}
• court decisions, judgments, decrees, judge's ordinance, speech at court hearings^{[2021 Article 7.1.3]}
• official translations of the aforementioned documents^{[2021 Article 7.1.4]}
• state emblems, coat of arms, flags, government awards, orders, medals, currency and other payment instrument^{[2021 Article 7.1.5]}
• news and information which transmit the simple facts and data created for the purpose of reporting the current events and results^{[2021 Article 7.1.6]}
• ideas, operating methods, operations, scientific discoveries, theories, abstract concepts and mathematical theorems.^{[2021 Article 7.1.7]}

Commissioned works

Under the Law on Copyright and Related Rights (as amended on May 6, 2021), Article 20 (Copyright in a Commissioned works)

• As stated in the agreement for a commissioned work, the author shall undertake duties to create and submit a work and the client/person commissioning the work shall undertake duties to pay the remuneration to the author.^{[2021 Article 20.2]}
• The exclusive right to use the work belongs to the author, unless the agreement provided for in the previous Article provides that the client has the exclusive right to use the work created under commission.^{[2021 Article 20.3]}

Copyright tags

• {{PD-Mongolia}} – applies to works first published in Mongolia: applied art 25 years after publication. Other works 50 years after the author's death. Anonymous and pseudonymous works and works created by legal persons 50 years after publication.
• {{PD MN-exempt}} – for exemptions listed in the Not Protected section.^{[2006 Article 8]}

Currency

OK: Currency and other payment instruments are considered works not protected by copyright.^{[2021, Article 7.1.5]} Note that currency was not on the list of items not protected under copyright law in the previous 2006 version of the law.

Freedom of panorama

OK for works of architecture and sculptures.  Not OK for blueprints and architectural models (free use only for building restoration).  Not OK for 2D works, no indication that the exception extends to murals and other graphic works. Applicable template: {{FoP-Mongolia}}.

Article 46 of the Law of Mongolia on Copyright and Related Rights provides for freedom of panorama, as long as the reproduction is not made to create an exact (identical) structure for direct or indirect commercial purpose.

Freedom of panorama was previously interpreted to not exist in Mongolia according to the now-repealed 2006 Law of Mongolia on Copyright and Related Rights, which only allowed for incidental inclusion of works in public spaces for reporting purposes, while also providing conditions similar to United States fair use conditions. This was superseded by the May 6, 2021 law.

The amended law's Article 46 states that Structures, statues and architectural works may be exploited in the following conditions without the authorization of or compensation to the author or right holder^{[2021, Article 46.1]}:

• to display them to public by making a duplication of the works of architecture, fine arts and statues located in public places permanently, and by painting, filming or photographing them.^{[2021, Article 46.1.1]} This shall not grant a right to reproduce an identical structure, statue or architectural creation directly or indirectly for commercial purposes.^{[2021, Article 46.2]}
• the exploitation of architectural drawings/blueprints, models, and schemes for restoration of such buildings and facilities.^{[2021, Article 46.1.2]}

See also Commons:Village pump/Copyright/Archive/2024/05#Updated FoP in Mongolia.

See also

• Mongolia
• Category:Mongolian FOP cases

Citations

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

Text transcluded from
COM:Montenegro

Montenegro

Copyright rules: Montenegro Shortcut: COM:MONTENEGRO
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Life + 70 years
Collective	Publish + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Montenegro}} {{PD-old-auto}} {{PD-MNEGov}}
ISO 3166-1 alpha-3	MNE
Treaties
Berne convention	3 June 2006
WTO member	29 April 2012
URAA restoration date‌*	1 January 1996
WIPO treaty	3 June 2006
*‌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 Montenegro relevant to uploading works into Wikimedia Commons. Note that any work originating in Montenegro must be in the public domain, or available under a free license, in both Montenegro 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 Montenegro, refer to the relevant laws for clarification.

Background

Montenegro was recognized as an independent state in 1878. It became part of Yugoslavia after World War I. After the breakup of Yugoslavia, in 1992 the republics of Serbia and Montenegro formed the Federal Republic of Yugoslavia, renamed the State Union of Serbia and Montenegro in 2003. Montenegro became independent on 3 June 2006.

Montenegro has been a member of the Berne Convention and the WIPO Copyright Treaty since 3 June 2006 and the World Trade Organization since 29 April 2012.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Official Gazette of Montenegro, Nos. 37/2011 and 53/2016) as the main copyright law enacted by the legislature of Montenegro. WIPO holds the text of this law in their WIPO Lex database.

General rules

The Yugoslav Copyright Act of 1978 provided for copyright term of the life of the author plus 50 years, respectively 25 years for photograph or a work of applied art. This was replaced by a new copyright act of 29 December 2004. Works that were already in the public domain before the new act came into effect met one of the following criteria:

• A work of known authorship and the author died before 1 January 1954
• An anonymous work and it was published before 1 January 1954
• A photograph or a work of applied art published before 1 January 1973

Under the Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016)

• Copyright lasts for the life of the author and for 70 years after his death, unless stipulated otherwise.^{[53/2016 Art.62]}
• For works of co-authorship, copyright lasts for 70 years from the death of the author who died last.^{[53/2016 Art.63]}
• Copyright of an audiovisual work lasts for 70 years from the death of the last of the following co-authors: the principal director, screenplay writer, dialogue author and the author of music specially composed for the audiovisual work.^{[53/2016 Art.63]}
• Copyrights in a musical works with words, with the text and music written by different co-authors specifically for this work, lasts for 70 years from the death of the last co-author.^{[53/2016 Art.63]}
• Protection of copyright in anonymous or pseudonymous works lasts for 70 years from the date of publication of the work, unless the identity of the author becomes known before that period.^{[53/2016 Art.64]}
• Copyright in collective works lasts for 70 years from the date of publication of the work, unless the individuals who participated in the creation of the work are named in it.^{[53/2016 Art.65]}
• Durations are calculated from 1 January of the year immediately following the year in which the relevant event occurred.^{[53/2016 Art.69]}

Not protected

Copyright protection does not cover: 1) ideas, principles and discoveries; 2) Official texts in the field of the legislation, administrative and judicial; 3) an official translation of point 2 above; 4) The term traditional culture (hereinafter referred to as works of folklore); 5) daily news or other information having the character of mere items of press information.^{[53/2016 Art.8]}

Copyright tags

• {{PD-MNEGov}} – for public domain Montenegro official works
• {{PD-SCGGov}} – for public domain Serbian-Montenegro official works, state symbols, stamps, money etc.

Freedom of panorama

 Not OK Only non-commercial use is allowed. {{NoFoP-Montenegro}}

The Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016) says,

• Permission is granted without acquiring the appropriate property rights and without paying a fee, to use works that are permanently exposed in parks, streets, squares and other public places.^{[53/2016 Art.55(1)]} The works ... may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for direct or indirect economic advantage.^{[53/2016 Art.55(2)]}

See also

• Црна Гора / Crna Gora
• Category:License tags of Montenegro
• Category:Montenegrin FOP cases
• Commons:Copyright rules by territory/Serbia
• Commons:Copyright rules by territory/Yugoslavia

Citations

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

Text transcluded from
COM:Morocco

Morocco

Copyright rules: Morocco Shortcut: COM:MOROCCO
Durations
Standard	Life + 70 years
Anonymous	Create/publish + 70 years
Audiovisual	Create/publish + 70 years
Collective	Create/publish + 70 years
Applied art	Create/publish + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Morocco}}
ISO 3166-1 alpha-3	MAR
Treaties
Berne convention	16 June 1917
WTO member	1 January 1995
URAA restoration date‌*	1 January 1996
WIPO treaty	20 July 2011
*‌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 Morocco relevant to uploading works into Wikimedia Commons. Note that any work originating in Morocco must be in the public domain, or available under a free license, in both Morocco 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 Morocco, refer to the relevant laws for clarification.

Governing laws

In 1912, Morocco was divided into French and Spanish protectorates, with an international zone in Tangier. It regained independence in 1956.

Morocco has been a member of the Berne Convention since 16 June 1917, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 July 2011.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2-00 on Copyright and Related Rights (promulgated by Dahir No. 1-00-20 of 9 Kaada 1420 (February 15, 2000)) as the main IP law enacted by the legislature of Morocco. This law was modified by Dahir No. 1-05-192 of 15 Moharrem 1427 (14 February 2006) enacting Law No. 34-05 amending and supplementing Law No. 2-00 on Copyright and Related Rights. WIPO holds the text of the law as amended in 2006 in their WIPO Lex database.

The 2006 law replaced and repealed Dahir No. 1-69-135 of 25 joumada I 1390 (July 29, 1970), relating to the protection of literary and artistic works.^{[1-05-192/2006 Art.71]} It was not retroactive, and does not apply to works that had already entered the public domain.^{[1-05-192/2006 Art.69]} The protection term under Dahir No. 1-69-135 was 50 years.

General rules

Under Moroccan Law as amended 2006,

• Except where otherwise specified below, economic rights in a work are protected during the author’s lifetime and for 70 years after his death.^{[1-05-192/2006 Art.25]}
• A collaborative work is protected during the lifetime of the last surviving author and for 70 years after his death.^{[1-05-192/2006 Art.26]}
• A work published anonymously or under a pseudonym is protected for 70 years from the year when it was first published or, where this has not occurred in the 50 years since the work was created, 70 years from the year when it was made available to the public or, where this has not occurred in the 50 years since production, 70 years from the year of creation.^{[1-05-192/2006 Art.27]}
• A collective or audiovisual work is protected for a period of 70 years from the year when it was first published or, where this has not occurred in the 50 years since it was created, 70 years from the year when it was made available to the public or, where this has not occurred in the 70 years since creation, 70 years from the year of creation.^{[1-05-192/2006 Art.28]}
• A work of applied art is protected for 70 years from the year when it was lawfully published for the first time, or where this has not occurred in the 50 years since creation, 70 years from the year of creation.^{[1-05-192/2006 Art.29]}

In the above, any deadline expires at the end of the calendar year during which it would normally lapse.^{[1-05-192/2006 Art.30]}

Expressions of folklore: not free

See also: Commons:Paying public domain

"Expressions of folklore" means productions of elements characteristic of the traditional artistic heritage developed and preserved on the territory of the Kingdom of Morocco by a community or by individuals recognized as meeting the traditional artistic expectations of this community and comprising: popular tales, popular poetry and mysteries; songs and popular instrumental music; popular dances and shows; productions of the popular arts such as drawings, paintings, sculptures, terracottas, potteries, mosaics, works on wood, metallic objects, jewels, textiles, costumes.^{[1-05-192/2006 Art.1(10)]}

Expressions of folklore shall be protected for the following uses, where those uses have a commercial aim or lie outside the conventional or customary framework: reproduction; communication to the public through representation, performance, broadcasting or cable transmission, or any other means; adaptation, translation or any other modification; fixation of expressions of folklore.^{[1-05-192/2006 Art.7(1)]} The right to authorize the acts referred to in paragraph (1) of this Article shall belong to the Moroccan Copyright Office.^{[1-05-192/2006 Art.7(4)]} The sums received in relation to this Article shall be allocated for professional purposes and to cultural development.^{[1-05-192/2006 Art.7(5)]}

Copyright tags

• {{PD-Morocco}} – All works are protected for 70 years after the author's death.
• {{PD-Morocco-exempt}} – Works not subject to copyright under Article 8 of the Law No. 34‐05 on Copyright and Related Rights.
• {{Data.gov.ma}} – Works published on Data.gov.ma, the government's open data portal

Freedom of panorama

 Not OK: non-commercial only if work is the main subject of the image: {{NoFoP-Morocco}}

"It shall be permitted, without the author’s authorization or payment of a fee, to republish, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work, or a work of applied art which is permanently located in a place open to the public, unless the image of the work is the main subject of such a reproduction, broadcast or communication and if it is used for commercial purposes".^{[1-05-192/2006 Art.20]}

Note: all images of works on Commons must be commercially usable; the exception only permits commercial use if the copyrighted work is not the main subject of the reproduction.

Not protected

Works that fit the following criteria are not protected under Moroccan copyright law:

• (a) official texts of a legislative, administrative or judicial nature, nor to their official translations;
• (b) current events;
• (c) ideas, processes, systems, operating methods, concepts, principles, discoveries or simple data, even if these are stated, described, explained, illustrated or incorporated in a work."^{[1-00-20 Art.8]}

De minimis

"It shall be permitted, without the author’s authorization or payment of a fee, to republish, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work, or a work of applied art which is permanently located in a place open to the public, unless the image of the work is the main subject of such a reproduction, broadcast or communication and if it is used for commercial purposes".^{[1-05-192/2006 Art.20]}

Threshold of originality

Moroccan copyright law defines a work as an "original intellectual creations in the literary and artistic field".^{[1-00-20 Art.3]} The law also specifies that protection is "independent from the mode or form of expression, nor the quality or purpose of the work".^{[1-00-20 Art.3]} This implies that, while present, the TOO in Morocco would be somewhat low.

See also some previous discussions:

• Commons:Village pump/Copyright/Archive/2021/04#Helps from Moroccan users needed
• Commons:Deletion requests/File:شعار-مصرف-المغرب.png

See also

• Morocco
• Category:Moroccan FOP cases

Citations

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

Text transcluded from
COM:Mozambique

Mozambique

Copyright rules: Mozambique Shortcut: COM:MOZAMBIQUE
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Audiovisual	Publish + 70 years
Collective	Publish + 70 years
Government	Official texts free
Applied art	Create + 70 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Mozambique}}
ISO 3166-1 alpha-3	MOZ
Treaties
Berne convention	22 November 2013
WTO member	26 August 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 Mozambique relevant to uploading works into Wikimedia Commons. Note that any work originating in Mozambique must be in the public domain, or available under a free license, in both Mozambique 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 Mozambique, refer to the relevant laws for clarification.

Background

The Portuguese began a gradual process of colonisation and settlement of the Mozambique region in 1505. Mozambique gained independence on 25 June 1975.

Mozambique has been a member of the Berne Convention since 22 November 2013 and the World Trade Organization since 26 August 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 4/2001 of February 27, 2001 (Copyright Law) as the main copyright law enacted by the legislature of Mozambique. WIPO holds the text of this law in their WIPO Lex database. It repeals and replaces the Code of Copyright approved by Decree-Law No. 46,980 of April 27, 1966.

The 2001 law appears to be retroactive: "The Code of Copyright, approved by Decree-Law No. 46,980 of April 27, 1966, enacted in Mozambique by Governmental Decree No. 679/71 of December 7, and all legislation that contradicts this Law, is hereby repealed".^{[4/2001 Article 78]}

General rules

Under Law No. 4/2001 of 27 February 2001,

• The protection of economic rights shall expire 70 years after the death of the author, even in the case of a work disclosed or published posthumously.^{[4/2001 Article 22(1)]}
• The economic rights in a work of joint authorship are protected during the lifetime of the last surviving author, and for a further 70 years following his death.^{[4/2001 Article 23]}
• The economic rights in a work published anonymously or under a pseudonym are protected for 70 years from the date on which the work is legally published for the first time.^{[4/2001 Article 24(1)]}
• The economic rights in a collective work and in an audiovisual work are protected for 70 years after the work is lawfully made public or after its completion.^{[4/2001 Article 25]}
• The economic rights in a work of applied art are protected for 70 years from its completion.^{[4/2001 Article 26]}

For the above rules, the counting of periods starts on the first of January of the calendar year following the event that gave rise to the right in question and ends at the close of the calendar year in which the period would normally reach its conclusion.^{[4/2001 Article 27]}

There is no copyright protection for "official texts of a legislative, administrative or judicial nature, or official translations thereof".^{[4/2001 Article 5a]}

Works of folklore

See also: Commons:Paying public domain

"Folklore" means works created on the national territory by anonymous authors or an unknown group, transmitted by successive generations and constituting one of the fundamental elements of the traditional cultural heritage.^{[4/2001 Glossary 15]} "Expressions of folklore" means productions of elements characteristic of the traditional artistic heritage, developed and perpetuated by a community or by individuals and recognized as responding to the wishes of that community, including popular songs, dances and shows, as well as the artistic expression of rituals and productions of folk art.^{[4/2001 Glossary 13]}

Ownership of the copyright in works of folklore vests in the State, which shall exercise its rights through the Council of Ministers, without prejudice to the rights of those who collect, transcribe, arrange or translate them, provided that the collections, arrangements or translations are original and respect the authenticity of the works.^{[4/2001 Article 31]} The protection of works of folklore is not limited in time.^{[4/2001 Article 50]}

Currency

 Not OK. Under Law No. 4/2001 of 27 February 2001 there are no exceptions to copyright protection for works which were already in the public domain. Banknotes are not within the exceptions to copyright. There is a copyright exception for "official texts of a legislative, administrative or judicial nature, or to official translations thereof".^{[4/2001 Article 5a]} Because the exception uses "text", banknotes do not seem to be within the exception.

Copyright protection for collective works, such as banknotes, lasts 70 years under Mozambique law and also under US law, since Mozambique is a party to the Berne Convention. Since that is long before Mozambique gained independence, all Mozambique banknotes are copyrighted. For banknotes that circulated before independence, Portuguese law applies.

Freedom of panorama

 Not OK. for reproductions, broadcasts and cable communications to the public executed in the Republic of Mozambique (since 25 June 1975) There is only non-commercial freedom of panorama in Mozambique:

• It is permitted, without authorization by the author or payment of any remuneration, to reproduce, broadcast or communicate by cable to the public the image of a work of architecture, three-dimensional art, photography or applied art that is permanently located in a place open to the public, except where the image of the work is the principal subject of such reproduction or broadcast or communication and is used for commercial purposes.^{[4/2001 Article 15]}
• It is permitted ... to reproduce or make available to the public for the purposes of reporting current events by means of photography, cinematography or video, or by broadcasting or communication by cable to the public, to the extent justified by the informatory purpose, a work seen or heard during the said event.^{[4/2001 Article 14(b)]}

The 2001 copyright law of Mozambique appears to be retroactive. In case it is not, the applicable law would be the previous 1966 copyright law, which allows FOP (see below). Therefore, the status of reproductions, broadcasts and cable communications to the public executed before 28 May 2001 is undetermined.

OK for photos executed in the Portuguese territory of Mozambique (before 25 June 1975)

Mozambique was considered Portuguese territory before its independence in 25 June 1975, and current jurisprudence generally use Portuguese law to deal with actions executed in former Portuguese overseas territories before that date. Examples: 02S3074,JTRL00024225, JTRL00024030, 7189/2003-4, 0451/05. Related discussion here.

The applicable law was Decreto-Lei n.º 46980, de 27 de Abril de 1966 which allowed FOP:

• The reproduction and publication by the press, cinema, television or any other mean, of the image of works of architecture or any other kind of plastic arts already divulged by the author is free.^{[46980/1966 Art.152]}

Current consensus on Wikimedia Commons holds that the pre-1975 actions that can be referred to in the context of freedom of panorama are the uses of the images, not the completions or public displays of the architecture or artistic works themselves. This means pre-1975 images of copyrighted Mozambican architecture and artistic works can be hosted here under commercial licenses, not post-1975 images of the same works. Related discussion here.

Stamps

Mozambique copyright law instituted in 2001 states that copyright subsists for 70 years following completion for "works of applied art" which appears to cover stamps.

See also

• Moçambique
• Category:Mozambican FOP cases
• Category:Stamps of Mozambique

Citations

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

Text transcluded from
COM:Myanmar

Myanmar

Copyright rules: Myanmar Shortcut: COM:MYANMAR
Durations
Standard	Life + 50 years
Anonymous	Creation + 50 years or Publish + 50 years
Government	Publish + 50 years
Applied art	Creation + 25 years
Other
Freedom of panorama	No
Terms run to year end	Yes
Common licence tags	{{PD-Myanmar}}
ISO 3166-1 alpha-3	MMR
Treaties
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 Myanmar (formerly Burma) relevant to uploading works into Wikimedia Commons. Note that any work originating in Myanmar must be in the public domain, or available under a free license, in both Myanmar 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 Myanmar, refer to the relevant laws for clarification.

Background

Burma became a British colony after 1886. The country regained independence on 4 January 1948. Its official name was changed to Myanmar in 1989, although the name Burma is still widely used.

Myanmar has been a member of the World Trade Organization since 1 January 1995.

As of 2022 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 15/2019 of May 24, 2019 as the main copyright law enacted by the legislature of Myanmar. WIPO holds the official Burmese text of the law in their WIPO Lex database. An unofficial English translation is provided by Lincoln Legal Services (Myanmar) Ltd..

The 2019 act repealed the British colonial-era Copyright Act of 1911, promulgated in 1914 and incorporated the United Kingdom Copyright Act of 1911 with some modifications concerning administration. WIPO Lex also holds the text of this abolished law.

The 2019 act appears to be retroactive: "A Copyright protected according to the Myanmar Copyright Act 1914 shall be subject to the protection and the protection period of this law."^{[2019 Section 87]} In another provision: "Copies of a Reproduced Work made without the authorisation of the Copyright Owner or Related Rights Owner, but according to the law before the effective date of this law may be distributed to the public within two years from the effective date of this law."^{[2019 Section 90]}

Applicability

According to Law No. 15/2019 of May 24, 2019, copyright covers the following works (enumerated a to l):^{[2019 Section 13]}

• books, pamphlets, poems, novels, articles, Computer Programs and other writings
• speeches, lectures, addresses, sermons and other oral works
• dramatic, dramatico-musical works, pantomimes, choreographic works and other works created for stage productions
• musical works, with or without accompanying words
• Audiovisual Works including Cinematographic Work
• works of architecture
• works of drawing, sketching, painting, carving, sculpture, engraving, mosaic, wood work, pottery, metal ware, terra-cotta, jewellery, handicrafts, costumes, indigenous textiles
• lithography, weaving, tapestry and other works of fine art
• Photographic Works
• works of applied art
• textile designs
• three-dimensional works related to geography, topography, architecture or science

General rules

According to the Law No. 15/2019 of May 24, 2019,

• The economic rights shall be protected during the lifetime of the Author and for 50 years after his death;^{[2019 Section 17(a)(1)]}
• In the case of a Work of Joint Authorship, the economic right shall be protected during the life of the last surviving Author and for 50 years after his death;.^{[2019 Section 17(a)(2)]}
• In the case of Audiovisual Work or Cinematographic Work, the economic right shall be protected for 50 years after the work is made available to the public with the approval of the Author or if there is no such engagement, the economic right of the work shall be protected for 50 years after its creation.^{[2019 Section 17(a)(3)]}
• In the case of a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was either made, first made available to the public or first published, whichever date is the latest, provided that where the Author's identity is revealed or is no longer in doubt before the expiration of the said period, the provisions of sub-section (1) or sub-section (2) shall apply, as the case may be.^{[2019 Section 17(a)(4)]}
• In the case of government work, apart from the matters that don't have protection made under section 16, where a Government department or organisation is the first owner of the Copyright, the Copyright shall subsist until 50 years from the beginning of the calendar year following the year in which the work is first published or made available to the public.^{[2019 Section 17(a)(5)]}
• In the case of a Work of Applied Art, the economic rights shall be protected for 25 years from the making of the work.^{[2019 Section 17(a)(6)]}

Not protected

Unprotected works according to Law No. 15/2019 of May 24, 2019, Section 16 (a to f) are:^{[2019 Section 16]}

• (a) idea, procedure, system, concept, mathematical concept, principle, discovery or data
• (b) news of the day as mere items of information;
• (c) the constitution and laws
• (d) procedures, rules, directives, notifications, explanations from a ministry, government organisation or regional or state government;
• (e) judgments and orders from a court.
• (f) translations and collections of (c) and (e)

Copyright tags

• {{PD-Myanmar}}

Freedom of panorama

 Not OK Chapter 12 (Sections 24–33) of the Law No. 15/2019 of May 24, 2019, containing the limitations and exceptions to copyright, does not contain a provision resembling freedom of panorama.

The repealed Burma Copyright Act 1911 had a British-style freedom of panorama that covered depictions of works of architecture, sculpture, and artistic craftsmanship permanently found in public spaces through paintings, drawings, engravings, and photographs, as well as publication of such depictions.^{[1914 Section 2(1){iii)]} This did not cover paintings, drawings, sculptures, engravings, and photographs found in public spaces.

Notes

• As the 2019 act appears to be retroactive, the British-style freedom of panorama is rendered void.
• "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Myanmar (Burma). On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."

See also: Category:Burmese FOP cases.

Stamps

Under Sec. 17(a)(5) of the Law No. 15/2019, Government works of Myanmar are copyrighted for 50 years from first publication (before 1 January 1974).

Citations

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

Copyright rules by territory

A B C D E F G H I J K L M N O
P Q R Sa-Sl So-Sy T U V W X Y Z