共享资源:各地著作权法规/纽埃

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This page is a translated version of a page Commons:Copyright rules by territory/Niue and the translation is 68% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Niue and have to be approved by a translation administrator.
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本页提供纽埃版权法规的概况,用以辅助向维基共享资源上传作品。请注意,任何原来在纽埃当地发表的作品,必须在纽埃和美国同时处于公有领域或是以自由授权协议发布,才能够上传至维基共享资源。如果您对于在纽埃发表的任何一个作品的著作权有疑虑,请参考下列对应的法规来进行厘清。

背景

纽埃是一个位于南太平洋的岛国。纽埃和库克群岛一同在1901年6月11日被归入新西兰领土。新西兰议会恢复了根据1974年宪法恢复了纽埃的自治。目前纽埃是独立的政治体,与新西兰构成自由同盟。纽埃不是联合国成员国。

自2016年9月24日起纽埃为伯尔尼公约的成员。[1][2]

As of 2019 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the laws of Niue as of 2006. None covered copyright, but under the Niue Act 1966, Section 737 Protection of intellectual property, "A copyright, design, patent, or trademark protected by New Zealand law shall be accorded the same protection by the courts of Niue as that available in New Zealand under the laws of New Zealand for the time being in force."[3] The Copyright Act 1962 of New Zealand thus presumably applies on Niue.[4]

概述

Under the Copyright Act 1962,

  • Where copyright subsists in any literary, dramatic, musical, or artistic work (other than a photograph),[1962 Sec.8(1)]
    • If in the lifetime of the author the work has been published or performed in public or included in a broadcast, or records of the work have been offered for sale to the public, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire.[1962 Sec.8(1a)]
    • If in the lifetime of the author none of the acts mentioned in paragraph (a) of this subsection has been done, that copyright shall continue to subsist until the end of the period of seventy -five years from the end of the calendar year in which the author died, and shall then expire.[1962 Sec.8(1b)]
    • Provided that, if any of those acts has been done after the death of the author, copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which one of those acts has first been done, or the end of the period of seventy-five years from the end of the calendar year in which the author died, whichever period is the shorter.[1962 Sec.8(1)]
  • Where copyright subsists in any photograph, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the original photograph was taken and shall then expire.[1962 Sec.8(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, occurs in the lifetime of the author and is anonymous or pseudonymous, subsection (1) of section 8 of this Act shall not apply.[1962 Sec.11(1)]
  • Subject to the preceding provisions of this Act, Any copyright subsisting by virtue of this Act in [an anonymous or pseudonymous work] shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was first published, and shall then expire.[1962 Sec.11(2)]
  • Copyright subsisting in a sound recording shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the recording was made, and shall then expire.[1962 Sec.13(3)]
  • Copyright subsisting in a cinematograph film shall continue to subsist until the end of the period of fifty years from the end of the calendar year during which the making of the film was completed, and shall then expire.[1962 Sec.14(3)]
  • The Broadcasting Corporation shall be entitled to any copyright subsisting in a television broadcast or sound broadcast made by it; and any such copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the broadcast is made, and shall then expire.[1962 Sec.15(3)]

皇家版权

Copyright in a literary, dramatic, musical, or artistic work, whether unpublished or published, to which Her Majesty is entitled shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was made, or (in the case of a photograph) was taken, and shall then expire.[1962 Sec.52(3)]

全景自由

快捷方式

参见:共享资源:全景自由

可以 For a work of architecture and for a work of sculpture, artistic craftsmanship or mural if permanently located in (or visible from) a public place.


 不可以 用於繪畫、素描、雕刻或照片

Under the 1962 Act, Section 20. General exceptions from protection of artistic works:

(4) The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving, or photograph of the work or any part thereof, or the inclusion of the work or any part thereof in a cinematograph film or television broadcast.
(5) The copyright in a sculpture, or in a work of artistic craftsmanship (not being a work of architecture and not being a painting, drawing, engraving, or photograph), or in a mural, is not infringed by the making of a painting, drawing, engraving, or photograph of the work or the inclusion of the work in a cinematograph film or television broadcast if the work is permanently situated in or in view of a public place within the meaning of the Police Offences Act 1927 or in any premises open to the public.
(6) The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph, or cinematograph film, if by virtue of subsection (3), subsection (4) or subsection (5) of this section, the making of that painting, drawing, engraving, photograph, or film did not constitute an infringement of the copyright.

参见

引用

  1. Niue. WIPO.
  2. Berne Notification No. 275. WIPO (24 June 2016). Retrieved on 2020-03-25.
  3. Niue Laws 2006 Vol 3: Niue Act 1966 1228.
  4. Copyright Act 1962. Pacific Islands Legal Information Institute. Retrieved on 2019-03-16.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明