共享资源:各地著作权法规/马里
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著作权法规： 马里 快捷方式: COM:马里 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+70年 |
| 匿名 | 创作或发表年份+70年 |
| 视听作品 | 创作或发表年份+70年 |
| 集体作品 | 创作或发表年份+70年 |
| 应用艺术 | 创作年份+25年 |
| 其他 | |
| 全景自由 | 否 |
| 截至年底 | 是 |
| 一般授权条款标签 | {{PD-Mali}} |
| 协议 | |
| 伯尔尼公约 | 1962年3月19日 |
| 班吉协定 | 1984年9月30日 |
| 世界贸易组织成员 | 1995年5月31日 |
| 乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
| 世界知识产权协议 | 2002年4月24日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
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.
背景
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.[1]
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.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
一般规则
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]
公有领域
参见：共享资源:付费公有领域
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]
民俗表现：非自由
"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]
货币
参见：共享资源:货币
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 [3], but it is not known if it also applies to West African CFA franc.
全景自由
参见：共享资源:全景自由
不可以: 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)]
参见
引用
- ↑ a b Mali Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Law No. 08-024 of July 23, 2008, laying down the Regime of Literary and Artistic Property in the Republic of Mali (in French). Mali (2008). Retrieved on 2018-11-04.
- ↑ [1]