Commons:Ungeschützte Werke
Ungeschützte Werke sind Werke, die aufgrund ihrer Beschaffenheit nicht urheberrechtlich geschützt werden können, im Gegensatz zu Werken, für die das Urheberrecht aufgehoben wurde oder abgelaufen ist.
Die Urheberrechtsvorschriften sind von Land zu Land unterschiedlich. Zu den ungeschützten Werken können bestimmte Arten von Werken gehören, die von oder für die Regierung erstellt werden, wie Gesetze, Verordnungen, Normen, Gerichtsurteile, Staatssymbole, Briefmarken, Währungen und so weiter. Sie können auch andere Arten von Werken umfassen, wie Ideen, Fakten, wissenschaftliche Formeln, Nachrichten und Folklore. Es kann nicht-Urheberrechtsbeschränkungen für die Art und Weise geben, in der nicht geschützte Werke genutzt werden können.
Auf dieser Projektseite wird erläutert, welche Arten von Arbeit in den einzelnen Ländern ungeschützt sind. Klicke auf das untere Menü auf der rechten Seite, um vollständige Listen aller Länder in jeder Region (Afrika, Amerika, Asien, Europa, Ozeanien, Sonstige) zu erhalten, einschließlich der Länder, für die keine Arten von ungeschützter Arbeit definiert wurden.
Alphabetische Liste
COM:NOP Abkhazia
Abchasien
Under the 2006 Law on Copyright and Related Rights the following are not objects of copyright[2006 Art.8]:
- official documents (laws, court decisions, other texts of legislative, administrative and judicial nature), as well as their official translations;
- state symbols and signs (flags, emblems, orders, bank notes and other state symbols and signs);
- works of folk art;
- messages about events and facts of informational nature.
COM:NOP Albania
Albanien
Under Law No. 35/2016 of March 31, 2016, on Copyright and Related Rights, the following are not protected by copyright: a. ideas, theories, concepts, discoveries and inventions of creative work, regardless of the method of interpretation, justification or expression; b. discoveries, official texts in the domain of legislation, administrative and judiciary and other official works and their collections, disclosed for the purpose of officially informing the public; c. official state symbols, symbols of organizations and public authorities, such as: the arms, the seal, the flag, the emblem, the medallion, the hallmark, the medal; ç. means of payment; d. news of the day and other news, having the character of mere items of press information; dh. Simple data and facts.[35/2016 Article 12.1]
COM:NOP Algeria
Algerien
- Protection shall not include ideas, concepts, principles, approaches, techniques, working procedures and patterns associated with intellectual work creation themselves, except to the extent they are enlisted, structured or arranged in the protected work, and in the format expression independent of their description, interpretation or clarification.[Law of 2003, Art.7]
- State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
- Approved protection of copyrights provided for herein shall not be granted to administrative laws, regulations, resolutions and administrative contracts issued by the state institutions, local groups, justice rulings and the official translation of these texts.[Law of 2003, Art.11]
COM:NOP Andean Community
Andengemeinschaft
COM:NOP Andorra
Andorra
- Copyright protection shall extend to expressions and not to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1999 Art. 4(1)]
- No protection shall extend under this law to any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[1999 Art. 4(2)]
COM:NOP Anguilla
Anguilla
- No protection shall extend under this Act 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; or (b) any official text of administrative or legal nature or to any official translation thereof.[C120-2002 Sec.4(1)]
- In paragraph (1)(b), “official text of administrative or legal nature” does not include an Act of the Legislature of Anguilla or a regulation under such an Act.[C120-2002 Sec.4(2)]
COM:NOP Armenia
Armenien
- The following works not subject to copyright: a) works of folklore and folk art; b) information about the news of the day or current events and facts; c) official documents - legal acts, contracts and their official translations; d) state symbols and signs (flags, emblems, orders, bank notes and so on); e) political speeches, speeches made during the trial; f) results obtained by technical means without human creative activity.[2013 Article 4.1]
- Copyright does not apply to scientific discoveries, ideas, principles, methods, procedures, concepts, systems, processes, scientific theories, mathematical formulas, statistical diagrams, rules of the game, even if they are expressed, described, disclosed, covered in works.[2013 Article 4.2]
COM:NOP Aruba
Aruba
COM:NOP Austria
Österreich
- Gesetze, Verordnungen, behördliche Erlässe, Bescheide und Entscheidungen sowie amtliche Werke im Sinne des §2Z itesm 1 oder 3, die ausschließlich oder überwiegend für den amtlichen Gebrauch hergestellt werden, genießen keinen urheberrechtlichen Schutz.[1936-2018 Artikel 7(1)]
COM:NOP Azerbaijan
Aserbaidschan
The following items are not objects of copyright:
- Official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and their official translations;
- State emblems and official signs (flags, arms, anthems, orders, monetary signs and other State symbols and official signs);
- Folk creativity (folklore) expressions ;
- News of day, data about various events and the facts of information character.[636-IVQD/2013 Article 7]
COM:NOP Bahrain
Bahrain
Protection is not accorded to: (a) Mere ideas, procedures, working methods, mathematical concepts, principles, discoveries or data, (b) Legislation, judgements and judicial decrees, the judgement of arbitrators, decisions issued by administrative committees possessing judicial prerogatives, international treaties and all other official documents and official translations thereof, (c) News of current affairs when of a purely informative nature. Nevertheless, collections of the above elements do enjoy protection if creativity exists in the selection or arrangement of the contents.[22/2006 Article 4]
COM:NOP Belarus
Belarus
According to the Law of the Republic of Belarus No. 262-Z of May 17, 2011,
- The following are not deemed objects of copyright: official documents (legal acts, court decisions, other administrative and court documents, constituent documents of legal entities) and their official translations; State symbols of the Republic of Belarus (State Flag of the Republic of Belarus, State Emblem of the Republic of Belarus, State Anthem of the Republic of Belarus), symbols of state decorations of the Republic of Belarus (orders and medals), state signs (paper currency of the Republic of Belarus, post stamps and other signs), official heraldry symbols (flags, emblems of administration divisions of the Republic of Belarus, heraldry signs, colours, badges, emblems of state authorities etc.); works of folk art which authors are unknown.[262-Z/2011 Art.7(2)]
- Copyright shall not cover ideas, methods, processes, systems, ways, conceptions, principles, discoveries, facts even if they are expressed, presented, explained or implemented in works.[262-Z/2011 Art.7(2)]
COM:NOP Benin
Benin
COM:NOP Bhutan
Bhutan
COM:NOP Bosnia and Herzegovina
Bosnien und Herzegowina
COM:NOP Botswana
Botswana
COM:NOP Bulgaria
Bulgarien
The following are not considered subject matter of copyright:[2023 Article 4]
- normative and individual acts of state administration bodies, acts of courts, as well as their official translations;
- ideas and concepts;
- works of folklore;
- news, facts, information and data.
- materials obtained by reproduction of works referred to in Art. 5 - 10 with an expired term of copyright.
In particular, this applies to various documents, e.g. certificates, issued by units of the Bulgarian armed forces, including historical ones, like the Macedonian-Adrianopolitan Volunteer Corps (MAVC). In these cases it is advisable to use appropriate “author” templates if such exist, e.g. {{Author-MAVC}} for MAVC.
COM:NOP Burundi
Burundi
COM:NOP Cambodia
Kambodscha
The following works shall not have under any protection by this law: a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations; b- Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations; Court decision or other court warrants; d- translation of the materials mentioned in the preceding paragraphs; e- Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work.[2003 Article 10]
COM:NOP Cameroon
Kamerun
COM:NOP Cape Verde
Kap Verde
The following are not protected: (a) news of the day and reports of different events given simply for information, however disclosed: (b) laws and rulings of judicial and administrative bodies, as well as petitions, allegations, complaints and other texts submitted to public authorities or services; (c) political speeches, except when assembled in a volume by their authors; (d) simple facts and data; (e) ideas, processes, systems, operational methods, concerts, principles or discoveries, in themselves and as such.[2009 Article.10]
COM:NOP Central African Republic
Zentralafrikanische Republik
Article 10 of the 1985 law states that protection does not apply to laws, judicial or administrative decisions or official translations of these texts, or to news of the day published, broadcast by radio or television, or communicated in public.[85.002 Article 10]
COM:NOP Chile
Chile
COM:NOP China
China
According to the 2020 Copyright Law of the People's Republic of China, this Law shall not be applicable to: (1) laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; and their official translations; (2) simple factual information; and (3) calendars, numerical tables, forms of general use and formulas.[2020 Art.5]
COM:NOP Cook Islands
Cookinseln
- The definition of "work" does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature.[8/2013 Sec.3(work)]
- Copyright does not exist in any idea, procedure, system, method of operation, concept, principle, discovery, or data expressed, described, explained, illustrated, or otherwise embodied in a work.[8/2013 Sec.7(4)]
COM:NOP Croatia
Kroatien
COM:NOP Czech Republic
Tschechien
Under the Consolidated Version of Act No. 121/2000 Coll. as amended up to 216/2006, copyright protection shall not apply to:
- An official work, such as a legal regulation, decision, public charter, publicly accessible register and collection of its documents, and also any official draft of an official work and other preparatory official documentation including the official translation of such work, Chamber of Deputies and Senate publications, a memorial chronicle of a municipality (municipal chronicles), a state symbol and symbol of a municipality, and any other such works where there is public interest in their exclusion from copyright protection.[121/2000–2006 Art.3(a)]
- Creations of traditional folk culture, unless the real name of the author is commonly known and the works are anonymous or pseudonymous; such works may only be used in a way that shall not detract from their value.[121/2000–2006 Art.3(b)]
COM:NOP Denmark
Dänemark
COM:NOP Ecuador
Ecuador
COM:NOP Estonia
Estland
COM:NOP Fiji
Fidschi
Under the Copyright Act, 1999, no copyright exists in any of the following works: (a) any Bill introduced into the House of Representatives; (b) any Act as defined in the Interpretation Act (Cap 7); (c) any subsidiary legislation as defined in the Interpretation Act (Cap 7); (d) the debates of the Parliament of the Fiji Islands; (e) a report of a Royal Commission, Commission of Inquiry, ministerial inquiry or statutory inquiry; (f) a judgment of any court or tribunal.[1999 Section 27(1] This applies to works made before or after this Act comes into force.[1999 Section 27(2]
COM:NOP Finland
Finnland
Under the Copyright Act 404/1961, with amendments up to 608/2015, there shall be no copyright:[404/1961–2015 Sec.9(1)]
- In laws and decrees;
- In resolutions, stipulations and other documents which are published under the Act on the Statutes of Finland (188/2000) and the Act on the Regulations of Ministries and other Government Authorities (189/2000);
- Treaties, conventions and other corresponding documents containing international obligations;
- Decisions and statements issued by public authorities or other public bodies;
- Translations of documents referred to above made by or commissioned by public authorities or other public bodies.
As of the 2005 revision, copyright protection continues to apply to independent works contained in the documents referred to in the list above.[404/1961–2015 Sec.9(1)] A work that is part of or attached to a decision or something similar is often such that it was not produced specifically as a part of the decision or as an attachment to it. In such a case, it is not reasonable that the attached work should also automatically lose copyright protection. An example is a work of fine art included in currency. This applies to independent works included in both the text of the document and its appendices. These independent works could be reproduced in connection with the document in question and used separately from the document for the purpose to which the document is related, but due to these restrictions the document or the protected independent work it contains cannot be uploaded to Commons.[1]
The textual, and in many cases the graphical, representations of Finnish coat of arms of municipalities, regions and provinces are considered to be part of decisions of public bodies and therefore they are not protected by copyright. According to the opinions of the Finnish Copyright Council even the graphical representation is thought (at least in these cases) not to be protected by copyright.
Either the graphical representations were part of the decisions of the municipalities (whether they could be considered works of art was thought to be irrelevant), or the alterations made did not meet the requirements for an original work of art. The coats of arms of historical provinces and other historical coats of arms are not protected by copyright: if there has been any copyright, it has expired.
Coats of arms of new entities should be analysed on a case-by-case basis. Usually they are based on old coats of arms and not eligible, but there is no guarantee unless they are included in public decisions. Some unofficial coats of arms, e.g. for former municipalities, which never had official coats of arms, are private creations under copyright, provided they reach the threshold of originality.
COM:NOP Gabon
Gabun
COM:NOP Georgia
Georgien
COM:NOP Germany
Deutschland
Das am schwersten zu fassende Element innerhalb dieser Aufzählung ist vielleicht das der „amtlichen Bekanntmachungen“. Laut Bundesgerichtshof müssen derartige Bekanntmachung „regelnden Inhalt“ aufweisen – die Bestimmung erfasst nicht jede informatorische Äußerung eines Amts.[4] Ganz grundsätzlich stellte der Bundesgerichtshof fest, dass § 5 Abs. 1 überhaupt nur auf Werke anwendbar ist, die eine „normative oder einzelfallbezogene rechtliche Regelung enthalten“, da nur in diesem Fall „ein derart erhebliches öffentliches Interesse an der Verbreitung vor, dass die Ausnahme vom Urheberrechtsschutz ohne weitere Voraussetzungen gerechtfertigt ist“.[5] „Entscheidungen“ sind Entscheidungen von staatlichen Gerichten oder von Verwaltungsbehörden, die als Urteile, Beschlüsse, Verfügungen, Bescheide etc. in Einzelfällen streitentscheidend, feststellend oder gestaltend verbindliche Regelungen enthalten.[6]
Eine für dieses Projekt wichtige Frage ist, ob § 5 Abs. 1 für sämtliche Werkarten gilt. In einer Entscheidung des Landgerichts Berlin aus dem Jahr 2012 (die hier einige Aufmerksamkeit erfahren hat, da die Wikimedia Foundation beklagte Partei war) wurde der Ansicht von Teilen der Literatur gefolgt, wonach § 5 Abs. 1 ausschließlich Sprachwerke erfasst.[7] Diese Ansicht hat auch Kritik erfahren; danach können amtliche Erlasse, Entscheidungen etc. durchaus auch andere Werkarten enthalten – dem Zweck von § 5 Abs. 1 laufe es zuwider, wenn diese sämtlich vor einer Veröffentlichung entfernt werden müssten.[8]
Nach vorherrschender Ansicht gilt § 5 Abs. 1 UrhG nicht für Zahlungsmittel (Noten und Münzen),[9], Briefmarken,[10] oder Hoheitszeichen von Gebietskörperschaften (wenngleich letztere noch nicht annäherend so große Beachtung in der Kommentarliteratur, geschweige denn der Rechtsprechung gefunden haben).[11] Diejenigen, die § 5 Abs. 1 UrhG auch in Bezug auf nichtsprachliche Werke für anwendbar halten, stimmen zumeist überein, dass sich die Bestimmung auf Bebauungspläne gemäß § 8 Abs. 1 des Baugesetzbuchs erstreckt, da dort rechtsverbindliche planerische Festlegungen enthalten sind,[12] desgleichen auf amtliche Straßenverkehrszeichen.[13] Die meisten Karten und Pläne amtlicher Herkunft fallen allerdings nicht unter Abs. 1, sondern entweder unter Abs. 2 (siehe nachstehend) oder werden überhaupt nicht als „amtliche Werke“ angesehen. Laut Bundesgerichtshof sind etwa die von den Landesvermessungsämtern herausgegebenen topographischen Landeskarten nicht amtlich im Sinne des Urheberrechtsgesetzes.[14]
COM:NOP Greece
Griechenland
COM:NOP Grenada
Grenada
COM:NOP Haiti
Haiti
COM:NOP Hungary
Ungarn
Under the Act No. LXXVI of 1999, updated to 2019, the following works do not enjoy copyright protection:
- Laws, other legal instruments of public administration, court or authority decisions, official or other official communications and documents, and standards and other similar provisions made by law.[LXXVI/1999-2019 Art.1(4)]
- Facts or daily news that are the basis for press releases.[LXXVI/1999-2019 Art.1(5)]
- An idea, principle, concept, procedure, operating method, or mathematical operation.[LXXVI/1999-2019 Art.1(6)]
- The expression of folklore. This provision does not affect the copyright protection of the author of an individual, original work inspired by folk art.[LXXVI/1999-2019 Art.1(7)]
COM:NOP Indonesia
Indonesien
COM:NOP Iraq
Irak
COM:NOP Israel
Israel
COM:NOP Ivory Coast
Elfenbeinküste
COM:NOP Japan
Japan
Under the Copyright Act (Act No. 48 of May 6, 1970, as amended up to Act No. 35 of May 14, 2014) the following are not eligible for copyright.[35/1970-2014 Art. 13]
- the Constitution and other laws and regulations;
- public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies ... or local incorporated administrative agencies ...;
- judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature;
- translations and compilations prepared by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.
COM:NOP Jordan
Jordanien
Under the Copyright Protection Law 22 of 1992, as amended up to 2005, there is no copyright protection for laws, regulations, judicial decisions, administrative committee decisions, international agreements and other official documents and translations of these works; news published, broadcast or delivered publicly; and works that have become public property. National folklore is considered public property.[22/2005 Article 7]
COM:NOP Kazakhstan
Kasachstan
The following shall not be copyright objects: 1) official documents (laws, court decisions, other texts of legislative, administrative, judicial, and diplomatic nature), and their official translations; 2) state emblems and signs (flags, emblems, decorations, banknotes, and other state symbols and signs); 3) works of folklore; 4) messages about events and facts which are of informational nature.[419/2015 Article 8]
COM:NOP Kosovo
Kosovo
COM:NOP Kuwait
Kuwait
COM:NOP Kyrgyzstan
Kirgisistan
COM:NOP Laos
Laos
The following are ineligible for copyright protection: 1. News of the day or miscellaneous facts having the character of mere items of press information; 2. Ideas, procedures, methods of operation or mathematical concepts as such; 3. Official texts of a legislative, administrative and legal nature, and official translations of such texts.[38/NA/2017 Article 94]
COM:NOP Latvia
Lettland
Under the Copyright Law of 2000 (as amended up to June 14, 2017), the following are not protected by copyright:
- laws and regulations and administrative rulings, other documents issued by State and local government institutions and court adjudications (laws, court judgements, decisions and other official documents), as well as official translations of such texts and official consolidated versions;[2000-2017 Sec.6(1)]
- State approved, as well as internationally recognised official symbols and signs (flags, coats of arms, anthems, and awards), the use of which is subject to specific laws and regulations;[2000-2017 Sec.6(2)]
- maps, the preparation and use of which are determined by laws and regulations;[2000-2017 Sec.6(3)]
- information provided in the press, radio or television broadcasts or other information media concerning news of the day and various facts and events;[2000-2017 Sec.6(4)]
- ideas, methods, processes and mathematical concepts.[2000-2017 Sec.6(5)]
COM:NOP Lebanon
Libanon
The following shall be excluded from the protection provided by this Law: laws, legislative decrees, decrees and decisions issued by all public authorities and official translations thereof; judicial decisions of all kinds and official translations thereof; speeches delivered in public assemblies and meetings. The authors of speeches and presentations shall enjoy the sole right of collecting and publishing such lectures and presentations; ideas, data and abstract scientific facts; artistic folkloric works of all kinds. However, works inspired by folklore shall enjoy protection.[75/1999 Article 4]
COM:NOP Libya
Libyen
COM:NOP Liechtenstein
Liechtenstein
Under the 1999 Law on Copyright and Neighboring Rights, amended 2006, the following are not protected: a) laws, regulations, international treaties and other official instruments; b) means of payment; c) decisions, records and reports of authorities and public administrations; d) patents, and published patent applications. Also not protected are official or legally required collections and translations of the above works.[1999-2006 Art.5]
COM:NOP Lithuania
Litauen
Under Law No. VIII-1185 of 1999, as amended up to Law No. XII-1183 of 2014, the following are not subject to copyright:
- ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries or mere data;[1999–2014 Art.5.1]
- legal acts, official documents texts of administrative, legal or regulative nature (decisions, rulings, regulations, norms, territorial planning and other official documents), as well as their official translations;[1999–2014 Art.5.2]
- official State symbols and insignia (flags, coat-of-arms, anthems, banknote designs, and other State symbols and insignia) the protection of which is regulated by other legal acts;[1999–2014 Art.5.3]
- officially registered drafts of legal acts;[1999–2014 Art.5.4]
- regular information reports on events;[1999–2014 Art.5.5]
- folklore works.[1999–2014 Art.5.6]
COM:NOP Macau
Macau
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]
COM:NOP Maldives
Malediven
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]
COM:NOP Mexico
Mexiko
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.
COM:NOP Moldova
Moldau
COM:NOP Monaco
Monaco
COM:NOP Mongolia
Mongolei
The following works shall not be protected by copyright: texts of laws and other legal acts; administrative decisions and official documents of legal entities and organizations; court decisions, resolutions, judge’s decrees, other documents and speeches delivered during court hearings; translation of the above documents; coats of arms, banners, flags, awards, orders and medals; any news or information with facts and figures for the purpose of reporting the current events and results thereof; works of folklore and national traditions; any ideas, methods, procedures, scientific discoveries and mathematical concepts.[2006 Article 8]
COM:NOP Montenegro
Montenegro
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]
COM:NOP Morocco
Marokko
COM:NOP Nepal
Nepal
COM:NOP Netherlands
Niederlande
COM:NOP Nicaragua
Nicaragua
COM:NOP North Korea
Nordkorea
- Dokumente der Staatsverwaltung, aktuelle Neuigkeiten oder Daten der Information soll nicht Subjekt des Urheberrechtsschutz sein, es sei denn, ein kommerzieller Zweck wird verfolgt.[1532/2006 Article 12]
- Ein "Werk, dessen Veröffentlichung, Ausgabe, Aufführung, Show oder Ausstellung verboten ist" ist nicht vom Urheberrechtschutz abgedeckt.[1532/2006 Article 6]
COM:NOP North Macedonia
Nordmazedonien
The following are not considered to be copyright works: 1. Ideas, theories, concepts, operation methodologies, or mathematical concepts, regardless of the manner of explanation or expression; 2. Official texts of a political, legislative, administrative and judicial nature and their official translations; 3. Daily and other news having the character of mere media information, miscellaneous facts and data; and 4. Ideas and concepts which underlie any element of a computer program, including the program components that enable connection and interaction between the elements of the software and of the hardware equipment (interfaces).[2010 Art.16]
COM:NOP Norway
Norwegen
Under the Act No. 40 of June 15, 2018,
- Laws, regulations, judicial decisions and other decisions by public authorities are without protection under this Act. The same applies to proposals, reports, statements and the like that apply to the exercise of public authority, and is issued by a public authority, a publicly appointed council or committee, or published by the public. Similarly, official translations of such texts are without protection under this Act.[2018 §14]
COM:NOP Palau
Palau
- any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work;
- official public legislative, administrative or legal texts, or any official translations thereof, and
- speeches, lectures, addresses, and other oral works given by a government official in his or her official capacity.
COM:NOP Panama
Panama
Under Law No. 64 of 2012 no copyright protection is given to the ideas contained in literary or artistic works, procedures, methods of operation or mathematical concepts, systems or ideas or technical content of scientific works, nor their industrial or commercial use; official texts of administrative, legislative or judicial nature or the official translations of them, without prejudice to the obligation to respect the texts and cite the source, as well as the author's name if it appears in the source; news of the day, or events that have the character of simple press information; simple facts or data; expressions of folklore, without prejudice to the rights recognized on their adaptations, translations, arrangements or other transformations that have originality in the form of expression, nor of the guardianship that is recognized to such expressions by special laws.[Article 13]
COM:NOP Papua New Guinea
Papua-Neuguinea
- any idea, procedure, system, method of operation, concept, principle, discovery or mere date, whether expressed, described, explained, illustrated or embodied in a work;[2000 Sec.5(a)]
- any official text of a legislative, administrative or legal nature or any official translation thereof.[2000 Sec.5(b)]
COM:NOP Paraguay
Paraguay
COM:NOP Peru
Peru
COM:NOP Philippines
Philippinen
COM:NOP Poland
Polen
Under the Consolidated 1994 Polish Copyright Law as of 2016, copyright protection does not cover:[1996–2016 Art.4]
- normative acts and drafts thereof as well as official documents
- official documents, materials, signs and symbols;
- published patent or protection descriptions;
- simple press information.
However in some instances the use of an image published by the government in Poland might be regulated by other laws. It is being debated if postage stamps and banknotes fall into this category. (See: {{PD-Polishsymbol}})
According to 2016 court decision photographs of maps, documents, medals, memorial plates do not enjoy their own copyrights.[15]
In the judgment of 27 February 2009 (V CSK 337/2008), the Supreme Court of Poland stated: "The official materials referred to in Article 4 §2 of the [Polish] Copyright Law Act should be understood as materials coming from an office or other institution performing public tasks."
Additionally all content published on www.gov.pl is under Creative-Commons Attribution 3.0 license.
COM:NOP Portugal
Portugal
Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),
- There is no copyright protection for a) The news of the day and the reports of various events as simple information in any way disclosed; b) Applications, allegations, complaints and other texts submitted in writing or orally before public authorities or services; c) Proposed texts and speeches delivered to assemblies or other collegiate bodies, political, administrative, national, regional or local levels, or in public debates on matters of common interest; d) Political speeches.
- Integral reproduction of speeches, oratory pieces and other texts referred to in sub-paragraphs c) and d) of paragraph 1 may only be made by the author or with his consent.[100/2017 Art.7(2)]
- The use by a third party of work referred to in paragraph 1, when free, shall be limited to that required by the purpose to be achieved with its disclosure.
COM:NOP Qatar
Katar
The protection provided by this Law shall not cover the following works:
- laws, legal provisions, administrative decisions, international treaties, official documents or any official translation thereof.[7/2002 Article 4(1)]
- daily news and other news of mere informatory nature.[7/2002 Article 4(2)]
- ideas, procedures, operational methods, mathematical concepts, principles and mere data.[7/2002 Article 4(3)]
COM:NOP Romania
Rumänien
Under Law No. 8 of March 14, 1996 on Copyright and Neighboring Rights, the following shall not benefit from the legal protection accorded to copyright:[8/1996 Art.9]
- (a) ideas, theories, concepts, scientific discoveries, proceedings, functioning methods or mathematical concepts as such and inventions, contained in a work, whatever the manner of the adoption, writing, explanation or expression thereof;
- (b) official texts of a political, legislative, administrative or judicial nature, and official translations thereof;
- (c) official symbols of the State, public authorities and organizations, such as armorial bearings, seals, flags, emblems, shields, badges and medals;
- (d) means of payment;
- (e) news and press information;
- (f) simple facts and data.
Also, the photographs of letters, deeds, documents of any kind, technical drawings and other similar papers do not benefit from protection.[8/1996 Art.85(2)]
COM:NOP Samoa
Samoa
According to the Copyright Act 1998 (as consolidated in 2011), no protection shall extend to,
- any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work.[1998–2011 Sec.5(a)]
- any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[1998–2011 Sec.5(b)]
COM:NOP São Tomé and Príncipe
São Tomé und Príncipe
Under the Decree Law 02/2017, copyright protection does not apply to the following:[02/2017 Art.7]
- News of the day and the reports of events that are simple information, however disclosed;
- Applications, claims, complaints and written or oral submissions to authorities or public services
- Proposed texts and speeches before assemblies or other collegial, political and administrative bodies at the national, regional or local level, or in public debates on issues of public interest;
- Political speeches.
COM:NOP Saudi Arabia
Saudi-Arabien
COM:NOP Serbia
Serbien
According to the 2009 Copyright Law of Serbia,
- The protection of copyright shall not apply to general ideas, procedures and methods of operations or mathematical concepts as such, as well as concepts, principles and instructions included in a work of authorship.[104/2009 Art.6(1)]
- The following shall not be deemed works of authorship: 1) Laws, decrees and other regulations; 2) Official materials of state bodies and bodies performing public functions; 3) Official translations of regulations and official materials of state bodies and bodies performing public functions; 4) Submissions and other documents presented in the administrative or court proceedings.[104/2009 Art.6(2)]
COM:NOP Sint Maarten
Sint Maarten
Under the Author's Regulation of 1913 as amended 2006,
- There is no copyright on laws, decisions and regulations issued by the public authorities, nor on judicial decisions and administrative decisions.[1913–2006 Art.11(1)]
- There is also no copyright on what has been made public by or on behalf of the public authorities, unless that right, either in general by law, decree or regulation, or in a particular case as evidenced by communication on the work itself or when it is made public, reserved.[1913–2006 Art.11(2)]
COM:NOP Slovakia
Slowakei
COM:NOP Slovenia
Slowenien
Under the Consolidated Copyright Act as of 2016,
- There is no copyright protection for 1. ideas, principles, discoveries; 2. official texts of a legislative, administrative and judicial nature; 3. folk literary and artistic creations.[12/2016 Art.9(1)]
- According to a 2010 book, this also encompasses the national coat of arms, the municipal coats of arms, the anthem, urban planning maps, drawings of traffic signs, sketches and plans from the patent file after the official publication of the patent, and other similar material published due to a state jurisdiction as part of the official text, its annex or independently.
- Translations of texts mentioned hereby should enjoy copyright protection, unless they are published as official texts.[12/2016 Art.9(2)]
- Certain photographs that are not an "individual intellectual creation of the photographer" are not protected. Trampuž specifically cites the following types of images:
- automated routine photographs; specifically listed: photographic automates, traffic safety images, images taken as part of the technical protection of objects, meteorological and satellite photographs
- routine photographs for documents
- average amateur photographs
- routine press photographs
- These, however, can often become an author's work, which is judged from case to case.
In numerous actual cases, they have also been recognised as copyrighted.
COM:NOP South Korea
Südkorea
COM:NOP Spain
Spanien
COM:NOP Sri Lanka
Sri Lanka
COM:NOP Suriname
Suriname
There is no copyright in general regulations as referred to in Article 2 of the Surinamese Constitution, issued by public power, nor in judgments and administrative decisions.[23/1981 Article 11]
COM:NOP Switzerland
Schweiz
To be eligible for copyright in the first place, works must be "literary and artistic intellectual creations with individual character, irrespective of their value or purpose".[1992-2023 Art.2] Exceptionally, photographs of three-dimensional objects are protected as works even in the absence of individuality (see Commons:Copyright rules by territory/Switzerland#TOO for details).
COM:NOP Syria
Syrien
COM:NOP Taiwan
Republik China
According to the Copyright Act as amended on 15 June 2022, The following items shall not be the subject matter of copyright:[2022 Art.9]
- The constitution, acts, regulations, or official documents.
- Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
- Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
- Oral and literary works for news reports that are intended strictly to communicate facts.
- Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.
The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties.[2022 Art.9]
COM:NOP Thailand
Thailand
COM:NOP Tajikistan
Tadschikistan
Under the the Law on Copyright and Related Rights (as amended up to 2009), the following are not covered by copyright: official documents (laws, court decisions, other texts of legislative, administrative and judicial nature), as well as their official translations; state symbols and signs (flag, coat of arms, anthem, the Order, the national currency and other public signs); communications concerning events and fact of informational nature; works of folklore.[2009 Article 7]
COM:NOP Tonga
Tonga
COM:NOP Trinidad and Tobago
Trinidad und Tobago
COM:NOP Turkey
Türkei
The reproduction, distribution, adaptation or exploitation in any other form of laws, bylaws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.[5846/1951 Article 31]
COM:NOP Turkmenistan
Turkmenistan
COM:NOP Uganda
Uganda
Ideas, concepts, procedures, methods or other things of a similar nature shall not be protected by copyright under this Act.[2006 Section 6]
There is no copyright in the following works:[2006 Section 7]
- enactments, including Acts, statutes, decrees, statutory instruments and other laws made by the Legislature or other authorised bodies;
- decrees, orders and other decisions by courts of law for the administration of justice and any official translations from them;
- reports made by committees or commissions of inquiry appointed by the Government or any agency of the Government;
- news of the day, namely, reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.
COM:NOP Ukraine
Ukraine
Under Law No. 3792-XII of December 23, 1993 (as amended up to April 26, 2017), protection does not extend to:[3792-XII/199-2017 Art.10]
- Daily news or current events that constitute regular press information
- Works of folk art (folklore);
- Official documents issued by government authorities of a political, legislative or administrative nature (laws, decrees, regulations, court decisions and state standards, etc.) and their official translations;
- State symbols of Ukraine, government awards; symbols and signs of government, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations;
- Banknotes;
- Timetables of vehicles, broadcasts, schedules, telephone directories and other similar databases that do not meet the originality criteria.
COM:NOP United Arab Emirates
Vereinigte Arabische Emirate
Under Federal Law No. 7 of 2002 protection does not extend to:
- Mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts, but extends to creative expression in any of them.[7/2002 Article 3]
- Official documents, whatever their original language or the language they are translated to, such as the texts of laws, regulations, decisions, international agreements, judgments, arbitrators’ awards and the decisions of the administrative committees having judicial competence.[7/2002 Article 3(1)]
- News, events and current facts, which constitute merely media news.[7/2002 Article 3(2)]
- Works transferred to public property.[7/2002 Article 3(3)]
COM:NOP Uzbekistan
Usbekistan
The following are not objects of copyright: official documents (laws, regulations, decisions, etc.), as well as their official translations; official symbols and signs (flags, emblems, orders, banknotes, etc.); Folk products; reports on current events daily news or messages that are regular press information.[LRU-476/2018 Article 8]
COM:NOP Venezuela
Venezuela
The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.[1993 Article 4]
COM:NOP Vietnam
Vietnam
The following subject matters are not protected by copyright:[50/2005 Article 15]
- News of the day as mere items of press information. This means short, daily information, short news, factual figures which are informative but not creative in nature.[Decree No. 17/2023 Article 8(1)][20]
- Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents.
- Legislative documents include:[21][80/2015 Article 4]
| The system of Vietnam's legislative documents |
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- "Administrative documents" include regulations, announcements, guidelines, programs, plans, projects, reports, contracts, memorandums, agreements, invitations, sick leave, etc.[24][25] These are issued by governmental agencies, political organizations, socio-political organizations, socio-profession-political organizations, social organizations, socio-profession organizations, and people’s armed forces.[Decree No. 17/2023 Article 8(2)]
- Processes, systems, operation methods, concepts, principles and data.
- Procedures are sequences of actions which must be complied with in order to carry out tasks;[Decree No. 17/2023 Article 8(3)(a)]
- A system is a combination of factors, units of the same types or functions that are closely connected or correlated and create a unified form;[Decree No. 17/2023 Article 8(3)(b)]
- Methods are ways of studying, perceiving natural phenomena and social life;[Decree No. 17/2023 Article 8(3)(c)]
- Concepts are thoughts reflecting overview of real things and phenomena and how they are connected;[Decree No. 17/2023 Article 8(3)(d)]
- Principles are basic, general rules that govern a series of phenomenon; important initial thoughts or theories and starting points for further development of other theories.[Decree No. 17/2023 Article 8(3)(đ)]
Note that the term "document" (translated from Vietnamese term văn bản) here means "written information communicated by means of language or sign"[25][Decree 30/2020 Article 3] and hence does not include images, logos or emblems of any kind. The official format of an administrative document includes signature and seals,[Decree 30/2020 Article 8] so it is assumed that signatures on government papers should be in the public domain.
However, Decree No. 18/2014/ND-CP said "Collectors and correctors of works, suppliers of works, documents and materials that are paid remuneration by agencies or organizations using the publications, including: Documents of state agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations and economic organizations, and translations of these documents". And "royalties and remuneration shall be included in the costs of publications".[Decree 18/2014 Article 12][26]
The State's intellectual property policies are "not to protect intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security".[36/2009 Article 8(1)]
COM:NOP Yemen
Jemen
Yemeni works not protected:[15/2012 Article 5]
- Ideas, procedures, work methods, operations modes, concepts, principles and data even if expressed or described or clarified or inserted in a work.
- Official documents such as laws, regulations, government decisions texts of laws, government decisions, regulations, judicial verdicts, international agreements, all official documents and their official translations.
- The news about incidents or events which are merely media descriptive material.
- Works that have fallen into the public domain.
Siehe auch
Einzelnachweise
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