Commons:Copyright rules by territory/Tonga
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Copyright rules: Tonga Shortcut: COM:TONGA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Create/publish + 50 years |
| Collective | Create/publish + 50 years |
| Government | Public domain |
| Applied art | Create + 25 years |
| Other | |
| Terms run to year end | yes |
| Common licence tags | {{PD-Tonga}} |
| ISO 3166-1 alpha-3 | TON |
| Treaties | |
| Berne convention | 14 June 2001 |
| WTO member | 27 July 2007 |
| URAA restoration date* | 14 June 2001 |
| *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 Tonga relevant to uploading works into Wikimedia Commons. Note that any work originating in Tonga must be in the public domain, or available under a free license, in both Tonga 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 Tonga, refer to the relevant laws for clarification.
Background
Tonga has remained independent throughout and after the colonial era. From 1900 to 1970 Tonga had British protected state status, with the United Kingdom looking after its foreign affairs under a Treaty of Friendship. Tonga became signatory to the Berne convention effective 14 June 2001 and the World Trade Organization effective 27 July 2007.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 12 of 2002) as the main IP law enacted by the legislature of the Tonga.[1] WIPO holds a copy of the act in its WIPO-LEX database.[2] The 2002 Act repealed the The Copyright Regulations (Cap. 92 of the 1961 Revised Edition) and the Copyright Act, 1911 of the United Kingdom, (applied by Order in Council dated 24th June, 1912).[2002 Sec.39]
Application
Copyright protection applies to literary and artistic works, which are original intellectual creations including books, pamphlets, 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; works of architecture; works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; photographic works; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.[2002 Sec.3]
Copyright protection also applies to derivative works, which are translations, adaptations, arrangements, and other transformations or modifications of works; and collections of works, collections of mere data (databases), whether in machine readable or other form, and collections of expressions of folklore, provided that such collections are original by reason of the selection or arrangement of their contents. This protection is without prejudice to any protection of a pre-existing work or expression of folklore incorporated in or utilised for the making of such a work.[2002 Sec.4]
The Copyright Act applies to works of authors who are nationals or residents of Tonga; works first published in Tonga and works first published in another country and also published in Tonga within thirty days; works of architecture erected in Tonga and other artistic works incorporated in a building or other structure located in Tonga. The Act also applies to works eligible for protection in Tonga by virtue of and in accordance with any international convention or other international agreement to which Tonga is a party.[2002 Sec.31] The act replaced the Copyright Act (Cap. 121), and applied to all works that were still protected at the time it came into force.[2002 Sec.35]
General rules
Every period provided for in this section runs to the end of the calendar year in which it would otherwise expire.[2002 Sec.18]
- For an individual work, economic and moral rights are protected during the life of the author and for 50 years after their death.[2002 Sec.18]
- A "work of joint authorship" is a work to the creation of which two or more authors have contributed, provided the work does not qualify as a "collective work".[2002 Sec.2] The economic and moral rights are protected during the life of the last surviving author and for fifty years after their death.[2002 Sec.18]
- A "collective work" is a work created by two or more natural persons at the initiative and under the direction of a natural person or legal entity, with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing natural persons will not be indicated.[2002 Sec.2] For a collective work other than a work of applied art, and for an audiovisual work, the economic and moral rights are protected for fifty 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.[2002 Sec.18]
- For a work published anonymously or under a pseudonym, the economic and moral rights are protected for fifty 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, unless the author’s identity is revealed or is no longer in doubt before the expiration of this period, in which case it will be protected as an individual or joint work.[2002 Sec.18]
- A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]
Not protected
See also: Commons:Unprotected works
Copyright protection does not apply to any official text of a legislative, administrative or legal nature, or any official translation thereof.[2002 Sec.5]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK for private, personal use of reproductions only. The Copyright Act (Act No. 12 of 2002) does not provide a freedom of panorama provision for images of architecture and public art.
- Notwithstanding the provisions of section 6(1)(a), and subject to the provisions of subsection (2), the private reproduction of a published work in a single copy shall be permitted without the authorisation of the author or owner of copyright, where the reproduction is made by a person exclusively for his own personal purposes.[2002 Sec.8(1)]
For works of architecture, this permission does not extend to the reproduction "of a work of architecture in the form of building or other construction."[2002 Sec.8(2)] There is no specific provision in the copyright law allowing the free uses of images of such works.
Stamps
See also: Commons:Stamps
The copyright situation is unclear.
The Post Office Act (1933, 1977) does not mention copyright.[3]The Copyright Acts 2002 states that,
- For a collective work other than a work of applied art ... the economic and moral rights are protected for fifty 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.[2002 Sec.18]
- A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale.[2002 Sec.2] The economic and moral rights are protected for twenty five years the making of the work.[2002 Sec.18]
Thus, any stamp published more than 50 years ago should be in the public domain.
See also
Citations
- ↑ a b Tonga : Copyright and Related Rights (Neighboring Rights). WIPO Lex (2018). Retrieved on 2018-10-26.
- ↑ Copyright Act (Act No. 12 of 2002). Tonga (2002). Retrieved on 2018-10-26.
- ↑ Tonga Consolidated Legislation: Post Office Act Acts 12 of 1933 and 29 of 1977. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.