Template talk:PD-Brazil-Gov/Archive 1

Template is incorrect?

On en:media copyright questions someone has raised this template is being incorrect, since the law linked refers to trademarks rather than copyright (a completely different subject area). I had actually copied this template to en (assuming it to be correct). Can anyone comment on this ? Megapixie 05:24, 1 February 2007 (UTC)

This template uses the wrong law; it should state something like:

According to the Brazilian Law on Copyright and Neighboring Rights (LEI Nº 9.610, DE 19 DE FEVEREIRO DE 1998; See translation), Article 8: The following shall be excluded from copyright protection within the meaning of this Law: - IV. the texts of treaties or conventions, laws, decrees, regulations, judicial decisions and other official enactments. As every official flag, coats of arms, insignia, emblems etc. has to be described officially, it is assumed that this image has been released into the public domain. See Recursos no domínio público. Note: The usage of coats of arms and flags is governed by legal restrictions, independent of the copyright status of the depiction shown here.

This is just my quick sketch, but I think it should do the trick. Anyone? --Stigmj 01:27, 4 February 2007 (UTC)

It seems this proposal won't be used as it doesn't cover the images or reproductions. All Brazilian official symbols are in the public domain and art. 191 of Lei 9.279 de 14 de maio de 1996 supports this implied.. See also discussion at Commons:Deletion_requests/Template:PD-BrazilGov --Stigmj 10:34, 13 February 2007 (UTC)

For reference see Commons:Deletion requests/Template:PD-BrazilGov Megapixie 01:40, 22 February 2007 (UTC)

Template recreated

Per discussion at Commons:Deletion requests/Template:PD-BrazilGov 2, this template has been corrected to reflect the actual copyright laws of Brazil (rather than trademark laws). Until 1998, all works published or commissioned by a Brazilian government had a 15 year copyright. This means that all government works published or commissioned before 1983 are in the public domain. The new 1998 copyright law removed the 15 year provision, but added a new provision saying that the texts of certain government works are immediately public domain and have no copyright protection. Thus the two conditions in which a Brazilian government work is public domain are:

• It is a work published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983.(Law 3071/1916, art. 662; Law 5988/1973, art. 46; Law 9610/1998, art. 115)
• It is the text of a treaty, convention, law, decree, regulation, judicial decision, or other official enactment.(Law 9610/1998, art. 8)

Kaldari (talk) 20:49, 25 May 2011 (UTC)