Commons:Copyright rules by territory/Consolidated list Central America and Mexico

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This page gives overviews of copyright rules in different countries of Central America and Mexico, as defined in the United Nations geoscheme for the Americas. It is "transcluded" from individual pages giving the rules for each country. The list may be used for comparison or maintenance.

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COM:Belize

Belize

This page provides an overview of copyright rules of Belize relevant to uploading works into Wikimedia Commons. Note that any work originating in Belize must be in the public domain, or available under a free license, in both Belize 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 Belize, refer to the relevant laws for clarification.

Background

[edit]

The Belize region became a British colony in 1840, known as British Honduras, and a Crown colony in 1862. Belize became independent on 21 September 1981.

Belize has been a member of the World Trade Organization since 1 January 1995, the Berne Convention since 17 June 2000 and the WIPO Copyright Treaty effective 9 February 2019.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 252, Revised Edition 2000) as the main copyright law enacted by the legislature of Belize.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

Prior to 2000, copyright was governed by the Copyright Act 1956 of the United Kingdom per article 5 of the Belize Independence Order 1981.

General rules

[edit]

According to the Belize Copyright Act of 2000,

  • Literary, dramatic, musical, or artistic works are protected for 50 years after the death of the author.[Cap.252/2000 Section 10(1)]
  • If the author is unknown, the works are protected for 50 years after publication unless the author becomes known during that period, in which case the works are protected for 50 years after the death of the author.[Cap.252/2000 Section 10(2)]
  • A work of joint authorship is protected for 50 years after the death of the last surviving known author, or 50 years after publication if none of the authors is known.[Cap.252/2000 Section 10(5)]
  • Copyright in a sound recording or film expires 50 years after it was made, or 50 years after it was made available to the public.[Cap.252/2000 Section 11]

Protection ceases at the end of the last calendar year.

License tags

[edit]
  • {{PD-Belize}} for works in the public domain under Belize copyright law
  • For stamps issued before Belizean independence (in the territory of British Honduras), crown copyright applies (See {{PD-UKGov}}).

Freedom of panorama

[edit]

OK {{FoP-Belize}} The Belize Copyright Act of 2000 states that photographs, films, or graphic works depicting a building, sculpture, or work of artistic craftsmanship, if permanently situated in a public place or in premises open to the public, do not infringe the copyright of the original work.[Cap.252/2000 Section 78]

Prior to 2000, freedom of panorama was granted by the Copyright Act 1956 of the United Kingdom.

Stamps

[edit]

Copyrighted According Belize's Copyright Act of 2000, where a protected work has been made by or under the direction or control of the Government and, apart from this subsection no copyright would subsist in the work, then copyright shall subsist therein by virtue of this subsection and shall initially belong to the State.[Cap.252/2000 Section 25(4)] No special terms are specified for stamps or other government works, so standard copyright rules apply.

For stamps issued before Belizean independence (1981), crown copyright applies.

Currency

[edit]

As of 2019, all Belize coins are in the public domain, with the exception of some commemorative and numismatic coins (e.g. those created by the Franklin Mint). The designs for all currently circulating Belize coins were created in the 1950s or earlier by the Royal Mint of the United Kingdom (when Belize was British Honduras). Thus they were under crown copyrights which have now expired. Please use {{PD-UKGov}} for these in addition to a license for the photographs (since coins are considered 3D objects). Any future coin designs, however, are likely to be copyrighted by the Belizean government, as Belize does not have a public domain exception for government works.

See also

[edit]

Citations

[edit]
  1. a b Belize Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act (Cap. 252, Revised Edition 2000). Belize (2000). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Costa Rica

Costa Rica

This page provides an overview of copyright rules of Costa Rica relevant to uploading works into Wikimedia Commons. Note that any work originating in Costa Rica must be in the public domain, or available under a free license, in both Costa Rica 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 Costa Rica, refer to the relevant laws for clarification.

Background

[edit]

Costa Rica came under Spanish rule in the 16th century. It gained independence on 15 September 1821.

Costa Rica has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 10 June 1978, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 9957 of April 14, 2021) as the main copyright law enacted by the legislature of Costa Rica.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

According to Law Nº 6683 as amended up to 2010,

  • Copyright lasts for the life of the author and 70 years after their death.[6683/2010 Article 58]
  • When the duration of protection of a work is calculated on a basis other than the life of a natural person, this duration shall be:
    • 70 years from the year of publication.[6683/2010 Article 58(a)]
    • If publication does not occur within 70 years from creation, protection lasts 70 years from the year the work was first made available to the public.[6683/2010 Article 58(b)]
    • If the work was neither published not made available to the public with 70 years from creation, it is protected for 70 years from creation.[6683/2010 Article 58(c)]*With collaborative works the term of 70 years is counted from the death of the last co-author.[6683/2010 Article 59]
  • Dictionaries, encyclopedias and other collective works are protected for 70 years from publication.[6683/2010 Article 60]
  • Anonymous and pseudonymous works are protected for 70 years from publication.[6683/2010 Article 62]

The terms of protection given above are counted from 31 December of the year of the event that started them.[6683/2010 Article 65]

Government works

[edit]

According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):

  • Everyone is allowed to freely reproduce constitutions, laws, decrees, municipal agreements, regulations and other public acts, as long as they strictly conform to the official edition. Individuals can also publish the codes and legislative collections, with notes and comments, and each author will own their own work.[6683/2010 Article 75]
  • The State, municipal councils and official corporations shall enjoy the protection of this law, but with regard to economic rights, they shall have them for only 25 years from publication of the work, except in the case of public entities, whose purpose is the exercise of these rights as an ordinary activity; in which case the protection will be 50 years.[6683/2010 Article 63]
[edit]

Currency

[edit]
  •  Not OK for currency less than 25 years old.
  •  Unsure for currency between 25 and 50 years old.
  • OK for currency more than 50 years old.

The Central Bank of Costa Rica (Banco Central de Costa Rica) is the "copyright holder of Costa Rica’s currency design -protected under Law No. 6683"[3] According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):

  • The State, the municipal councils and the official corporations shall enjoy the protection of this Law, but, as far as economic rights are concerned, only for 25 years from the date of publication of the work, except in the case of public bodies whose purpose is the exercise of such rights as their normal activity, in which case protection shall be for 50 years.[6683/2010 Article 63]

All images of Costa Rican currency must use {{Currency}}, as the Central Bank of Costa Rica has placed several Non-copyright restrictions on use of images of Costa Rican currency.[3]

Freedom of panorama

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 Not OK: Non-commercial use of public art and architecture only. ({{NoFoP-Costa Rica}}) According to Law Nº 6683 as amended up to 2021:

  • It is lawful to make photographic reproductions or other pictorial processes, when this reproduction is without commercial purpose, of statues, monuments and other works of art protected by copyright, acquired by the public authority, exhibited in the streets, gardens and museums.[6683/2021 Article 71]

This non-commercial restriction is identical to the 2010 version of the law; in any case, image files of copyrighted Costa Rican architecture and public art are not allowed on Wikimedia Commons and must be nominated for deletion; such content does not conform to Commons:Licensing which requires commercial uses.

Original Spanish text:

Es lícita la reproducción fotográfica o por otros procesos pictóricos, cuando esta reproducción sea sin fines comerciales, de las estatuas, monumentos y otras obras de arte protegidas por derechos de autor, adquiridos por el poder público, expuestos en las calles, los jardines y los museos.

Stamps

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The basic copyright law of Costa Rica is: Ley Nº 6683 - Ley de Derechos de Autor y Derechos Conexos. There are no specific provision for copyrights of postage stamps, but all works are copyrighted until 70 years after the author's death. In the case of government agencies and other public entities the copyrights of official works expired after 25 years, and in special cases after 50 years (i.e. books), both since the original publication date.

See also

[edit]

Citations

[edit]
  1. a b Costa Rica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 9957 of April 14, 2021). Costa Rica (2021). Retrieved on 2021-11-17.
  3. a b Lineamientos para uso de imágenes​​. Banco Central de Costa Rica. Retrieved on 2019-01-18.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:El Salvador

El Salvador

This page provides an overview of copyright rules of El Salvador relevant to uploading works into Wikimedia Commons. Note that any work originating in El Salvador must be in the public domain, or available under a free license, in both El Salvador 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 El Salvador, refer to the relevant laws for clarification.

Background

[edit]

El Salvador was colonized by Spain in the early 16th century. It became independent in 1821, apart from periods when it was part of the First Mexican Empire (1821–23), Federal Republic of Central America (1823–41) and Greater Republic of Central America (1895–98).

El Salvador has been a member of the Universal Copyright Convention since 29 March 1979, the Berne Convention since 19 February 1994, the World Trade Organization since 7 May 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) as the main IP law enacted by the legislature of El Salvador.[1] WIPO holds the text of this law in their WIPO Lex database.[2] It supersedes the Legislative Decree No. 604 of 15 July 1993.[2] WIPO also holds a copy on the 1993 law.[3]

General rules

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According to the Law on Intellectual Property as amended up to February 15, 2017,

  • Protection when the author is a natural person applies during the life of the author and 70 years from the day of his death.[2017 Article 86(a)]
  • For joint authorship, protection lasts for 70 years from the death of the last surviving co-author.[2017 Article 86(a)]
  • For anonymous or pseudonymous works, protection lasts for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(b)]
  • When protection is not based on the author's life, the period will be for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(c)] If there is no authorized disclosure in the 50 years after creation, the period will be for 70 years from 1 January after the year of creation.[2017 Article 86(c)]

The protection term was 50 years in the law of 1993.

Freedom of panorama

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OK for exterior architecture and most types of public art. {{FoP-El Salvador}}

  • "The following shall be allowed without the consent of the author or remuneration: . . . the reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the exterior façade".[2017 Article 45 (f)]

Spanish text:

Respecto de las obras ya divulgadas lícitamente, es permitida sin autorización del autor ni remuneración: . . . La reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, por medio de un arte diverso al empleado para la elaboración del original. Respecto de los edificios, dicha facultad se limita a la fachada exterior.

Stamps

[edit]

Copyrighted According to the 2017 revision, works owned by legal entities are protected for 70 years counted from 1 January of the year following that of first publication.[2017 Article 86(c)]

Translation of the specific permission to use images of postage stamps for non-commercial educational, philatelic and cultural purposes was contained in an email message dated 11 January 2007 from Silvia María Orantes, Head of the Philatelic Office, Government of El Salvador but commercial restriction images are not permitted here.

See also

[edit]

Citations

[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Text transcluded from
COM:Guatemala

Guatemala

This page provides an overview of copyright rules of Guatemala relevant to uploading works into Wikimedia Commons. Note that any work originating in Guatemala must be in the public domain, or available under a free license, in both Guatemala 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 Guatemala, refer to the relevant laws for clarification.

Background

[edit]

The territory of modern Guatemala was conquered by the Spanish in the 16th century. Guatemala attained independence in 1821 as part of the Federal Republic of Central America, which dissolved by 1841.

Guatemala has been a member of the Universal Copyright Convention since 28 October 1964, the World Trade Organization since 21 July 1995, the Berne Convention since 28 July 1997 and the WIPO Copyright Treaty since 4 February 2003.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic) as the main copyright law enacted by the legislature of Guatemala.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]

Under Decree Number 33-98 as amended up to 2006,

  • Except as otherwise provided in this Act, rights are protected for the life of the author plus 75 years after his death.[33-98/2006 Art.43]
  • With works with two or more authors, the period of protection is based on death of the last surviving coauthor.[33-98/2006 Art.43]
  • With computer programs and collective works, the term of protection is 75 years from the first publication or, if not published, from completion of the work.[33-98/2006 Art.44]
  • With anonymous or pseudonymous works, the term of protection starts from first publication or, failing that, from creation.[33-98/2006 Art.44]
  • With audiovisual works, the period is counted from the first authorized publication of the work, provided that such publication occurs within 75 years after execution. Otherwise, the period is counted from the performance of the work.[33-98/2006 Art.47]

The above terms of protection are computed from 1 January of the year following that of the event they are based on.[33-98/2006 Art.48]

The State and its public entities, municipalities, universities and other educational establishments in the country, shall enjoy the protection established by law.[33-98/2006 Art.49]

Freedom of panorama

[edit]

 Not OK. Pictorial representations of public art and architecture are permitted for personal use only. Effectively disallows commercial uses, which Commons:Licensing requires.

Section 64 of Guatemala's copyright law as of 2006 says:

"With respect to already published works, is permitted, without the author's consent, besides what is set forth in article 32: [...]

d) The reproduction for personal use of a work of art permanently exhibited in public places or on the exterior façade of buildings, made by means of an art different from that used in the making of the original, provided that the name of the author, if known, the title of the work, if it has one, and the place it is located are indicated".[33-98/2006 Art.64(d)]

Original language (Spanish) text:

ARTÍCULO 64. Respecto de las obras ya divulgadas también es permitida, sin autorización del autor, además de lo dispuesto en el artículo 32: [...]

d) La reproducción para uso personal de una obra de arte expuesta en forma permanente en lugares públicos o en la fachada exterior de edificios, ejecutada por medio de un arte que sea distinto al empleado para la elaboración del original, siempre que se indique el nombre del autor, si se conociere, así como el título de la obra, si lo tiene, y el lugar donde se encuentra.

See the discussions here and here for more information.

See also

[edit]

Citations

[edit]
  1. a b Guatemala Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic). Guatemala (2006). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Honduras

Honduras

This page provides an overview of copyright rules of Honduras relevant to uploading works into Wikimedia Commons. Note that any work originating in Honduras must be in the public domain, or available under a free license, in both Honduras 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 Honduras, refer to the relevant laws for clarification.

Background

[edit]

Honduras gained independence from Spain in 1821. It was part of the First Mexican Empire until 1823, then part of the United Provinces of Central America until 1838. Since then it has been an independent republic.

Honduras has been a member of the Berne Convention since 25 January 1990, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 May 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Decree No. 4-99-E, as amended by Decree No. 16-2006) as the main copyright law enacted by the legislature of Honduras.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

[edit]
  • Economic rights are protected during the life of the author and 75 years after his death.[16-2006 Article 44]
  • For collaborative works, protection is for the life of the last surviving author and 75 years after his death.[16-2006 Article 44.1]
  • For anonymous and pseudonymous works, protection last for 75 years from the date the work was legally published for the first time, or, in the absence of such authorized publication within 50 years from creation, protection lasts for 70 years from the end of the calendar year when the work was created.[16-2006 Article 44.2]
  • For collective, audiovisual works and work made for employers, protection is for 75 years from the date of first publication, or if it is not published within 50 years, for 70 years from the end of the year in which the work was created.[16-2006 Article 44.3]
  • With articles in the press, magazines, etc., the publisher has the right to disseminate it once, but the author retains all other rights.[16-2006 Article 70] This also applies to drawings, cartoons, jokes, graphics, photographs and other works published in newspapers, magazines and other means of social communication.[16-2006 Article 72]

Freedom of panorama

[edit]

 Not OK – Personal use only, in media different from the original.

The 2006 revision of the Law on Copyright and Related Rights, article 52, states:

  • It is lawful, for personal use, to reproduce a work of art permanently exhibited in the streets, squares or other public places, by means of an art different from that used for making the original. With respect to buildings, this is limited to the exterior façade.[16-2006 Article 52]

See also

[edit]

Citations

[edit]
  1. a b Honduras Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Ley del Derecho de Autor y de los Derechos Conexos (Decreto Nº 4-99-E, según modificada por el Decreto N ° 16-2006). Honduras (2006). Retrieved on 2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Mexico

Mexico

This page provides an overview of copyright rules of Mexico relevant to uploading works into Wikimedia Commons. Note that any work originating in Mexico must be in the public domain, or available under a free license, in both Mexico 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 Mexico, refer to the relevant laws for clarification.

Background

[edit]

Mexico was conquered by Spain in 1521. It became independent in 1821.

Mexico has been a member of the Universal Copyright Convention since 12 May 1957, the Berne Convention since 11 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Federal Law on Copyright (consolidated text published in the Official Journal of the Federation on June 15, 2018) as the main IP law enacted by the legislature of Mexico.[1] WIPO holds the text of this law in their WIPO Lex database.[2] Eduardo de la Parra Trujillo wrote a critical commentary on the reforms to the copyright law in 2004, which may still be relevant.[3]

General

[edit]

Under the Federal Law on Copyright (1996, consolidated up to June 15, 2018),

  • Copyright lasts for the life of the author and 100 years after their death.[1996-2018 Art. 29(I)]
  • For a work of joint authorship, copyright lasts for the life of the authors and 100 years after the death of the last survivor.[1996-2018 Art. 29(I)]
  • Copyright also lasts for 100 years after the work is disclosed.[1996-2018 Art. 29(II)]
  • Anonymous works are in public domain until the author or the owner of the rights are identified.[1996-2018 Art. 153]
  • Plastic or photographic works: author's life plus 100 years.[1996-2018 Art. 92 bis]
  • Unoriginal databases: 5 years from creation date.[1996-2018 Art. 108]
  • Music groups, choirs, orchestras, ballet and theater companies: 75 years from recording date of a sound work, or first broadcast (TV and radio), or first performance of a work that was not recorded.[1996-2018 Art. 122]
  • Book editors: 50 years from date of publication of the first edition.[1996-2018 Art. 127]
  • Phonogram producers: 75 years from recording date.[1996-2018 Art. 134]
  • Videogram producers: 50 years from date of filming.[1996-2018 Art. 138]
  • Broadcasting organisations: 50 years from first broadcast (TV and radio).[1996-2018 Art. 146]

The above does not apply to works that were already in the public domain before 23 July 2003. Generally speaking, that means works created by someone who had died before 1952 are in the public domain, since they died 30 years before the non-retroactive extension to life plus 50 years was implemented on 12 January 1982.[4]

Term extensions

[edit]

Copyright terms have been repeatedly extended, but not retroactively. Works remained in the public domain if they were in the public domain before each new law took effect. Relevant laws include the Federal Civil Code of 1928, Federal Copyright Act of 1948, Federal Copyright Act of 1956, Federal Copyright Act of 1963, General Copyright Regime of 1982 and Federal Copyright Act of 1996 and later reforms up to 2014.[5][6][7][8][9][4][2]

  • 1928:
    • 50 years for scientific works.[1928 Art.1181]
    • 30 years for artistic or literary works.[1928 Art.1183]
    • Registration was required within 3 years of publication.[1928 Art.1189]
  • 1948: All terms became life plus 20 years.[1948 Art.8] Registration no longer required for works first published Jan 14, 1948 or later; six-month grace period to register old works to regain copyright.[1948 Trans.Art.Tercero]
  • 1963: All terms became life plus 30 years.[1963 Art.23(I)]
  • 1982: The Diario Oficial of 11 January 1982 reported a revision to Article 23 under which copyright lasted for life plus 50 years, for 50 years from publication for posthumous works, and for 50 years from publication for anonymous works.[4]
  • 1994: The term was extended to life plus 75 years in 1993, effective 1 January 1994, only applicable to works still in copyright at the time.
  • 2003: The term was extended to life plus 100 years.

On the URAA date (1996-01-01), the Copyright Act of 1982 was still applicable.

Government works

[edit]

Works created by the Mexican government are protected by copyright for 100 years after publication.[1996-2018 Art.29(II)] This applies to the federal, state and municipal governments. As with known authors, the term was extended repeatedly in the past.

  • Under the 1928 Federal Civil Code, the government could hold not copyright.[1928 Art.1235]
  • The extension to 30 years from publication appears to have happened in 1963.[8]
  • The extension to 50 years from publication is documented in the Diario Oficial of 11 January 1982.[4]

Protected

[edit]

Under the 1996 copyright law as of 2018, the following are protected,[1996-2018 Art.13]

  • I. Literary works;
  • II. Musical works with or without words;
  • III. Dramatic works;
  • IV. Dances;
  • V. Pictorial works or works of drawing;
  • VI. Sculptures and works of three-dimensional art;
  • VII. Caricatures and cartoons;
  • VIII. Architectural works;
  • IX. Cinematographic and other audiovisual works;
  • X. Radio and television programs;
  • XI. Computer programs;
  • XII. Photographs;
  • XIII. Works of applied art, including works of graphic or textile design;
  • XIV. Works of compilation, consisting of collections of works such as encyclopedias, anthologies, and databases, provided that the said collections constitute intellectual creations by reason of the selection or arrangement of their contents.

Not protected

[edit]

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.
[edit]

Currency

[edit]

 Not OK Mexican currency is copyrighted and the reproduction of designs is only permitted by seeking authorisation from the Ministry of Finance (Secretaría de Hacienda y Crédito Público).[10][11] Coins and banknotes produced before 23 July 1928 entered the public domain before the law changed on 23 July 2003, and remain in the public domain.

Freedom of panorama

[edit]

OK {{FoP-Mexico}}

Mexico's federal copyright law, Article 148, allows reproduction without compensation in certain circumstances:

  • Literary and artistic works that have already been disclosed may only be used in the following cases without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned and that no alteration is made to the work:"[1996-2018 Art.148]
  • Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual processes of works that are visible from public places (lugares publicos).[1996-2018 Art.148(VII)]

The term lugares publicos has been interpreted to include both interior and exterior public places. Government-owned places such as libraries, markets, parks and public gardens have no restrictions against freedom of panorama. However, due to the ambiguity of the article, on some occasions, some establishments like the Mexico City Metro (a government-owned system) have required users to request permission to film or photograph inside the facilities. The Federal Law of Telecom and Broadcasting also uses the term "public places". It defines public places as: "...those that are in the charge of dependencies of federal, state or municipal entities, or under public programs of any one of the three orders of government..." Public places under this law (page 7) would include:

  • Schools, Universities, and every kind of building used for education;
  • Clinics, Hospitals, and every kind of building used for health care;
  • Government offices of all types;
  • Community Centers;
  • Free admission and open places such as parks, green areas and sports centers
  • Places that collaborate in public federal programs.

Threshold of originality

[edit]

As indicated above, the following are examples of what is and what is not protected under the 1996 copyright law:

These images are OK to upload to Commons
These are  Not OK to upload to Commons (unless published under a free license by the copyright holder), because they are above the threshold of originality required for copyright protection and are not covered by the law itself.

See also

[edit]

Citations

[edit]
[edit]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Nicaragua

Nicaragua

This page provides an overview of copyright rules of Nicaragua relevant to uploading works into Wikimedia Commons. Note that any work originating in Nicaragua must be in the public domain, or available under a free license, in both Nicaragua 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 Nicaragua, refer to the relevant laws for clarification.

Background

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The Spanish Empire conquered the region in the 16th century. Nicaragua gained independence from Spain in 1821.

Nicaragua has been a member of the Universal Copyright Convention since 16 August 1961, the World Trade Organization since 3 September 1995, the Berne Convention since 23 August 2000 and the WIPO treaty since 6 March 2003.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 312 of 1999 on Copyright and Neighboring Rights (consolidated version as of February 2001) as the main copyright law enacted by the legislature of Nicaragua.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This law was amended by Law No. 577 of 2006 on Amendments and Additions to Law No. 312 of 1999 on Copyright and Neighboring Rights. The amendment generally did not affect definitions of works or durations of protection.[3]

General rules

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Based on the 2001 version of Law No. 312,

  • Economic rights will last the whole life of the author and 70 years after his death.[312/1999 Article 27]
  • With pseudonymous or anonymous and collective works, economic rights shall last 70 years from disclosure.[312/1999 Article 28]
  • In the case of a collaborative work, the term of the rights shall be computed from the death of the last surviving co-author.[312/1999 Article 29]

The expiry dates in this section will be computed from the first day of January of the year following the death of the author, or where appropriate, the disclosure, publication or completion of the work.[312/1999 Article 29]

The 1904 Civil Code protected copyright for 30 years after the author's death. [1904 Civil Code Article 766, 769]. Posthumous works were protected for 20 years from publication [1904 Civil Code Article 779] and anonymous and pseudonymous works were protected for 30 years from publication [1904 Civil Code Article 780]. Government works were protected for 10 years from publication [1904 Civil Code Article 855].

The 1999 copyright law was not retroactive: "The provisions of this Law shall also apply to the works that have been created, to the interpretations or executions that have taken place or that have been fixed, to the phonograms that have been fixed and to the broadcasts that have taken place, before the date of entry into force of this Law, provided that those works, interpretations or executions, phonograms and broadcasting broadcasts are not yet in the public domain due to the expiration of the duration of the protection to which they were subject in the preceding legislation"[312/1999 Article 132].

Not protected

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Laws, governmental provisions, bills, minutes, agreements, deliberations and opinions of public bodies and agencies and official translations of the previous texts are not subject to protection. The judgments of the courts can be reproduced by anyone, after they have been officially certified as the authentic text.[312/1999 Article 16]

Freedom of panorama

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 Not OK {{NoFoP-Nicaragua}} As per Nicaragua Law No. 577 on Amendments and Additions to Law No. 312 on Copyright and Related Rights, "Works located permanently in parks, streets, squares or other thoroughfares may be reproduced, without the author’s authorization, by means of painting, sketching, photographs and audiovisual recordings for personal use. In respect of works of architecture, the previous article shall only apply to their external aspect.[77/2006 Article 43]

This article had previously read, "Works permanently located in parks, streets, squares or other public roads can be reproduced, without the author's authorization, by means of painting, drawing, photography and audiovisual recordings. As for architectural works, the previous article will only apply to its external appearance.[312/1999 Article 43]

Stamps

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Stamps are not mentioned among the works not subject to copyright.[312/1999 Article 16] The 1904 Civil Code protected government works for 10 years after publication and the 1999 copyright law was not retroactive, so stamps issued prior to 1989 are in the public domain.

See also

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Citations

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  1. a b Nicaragua Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 312 of 1999 on Copyright and Neighboring Rights (consolidated version as of February 2001). Nicaragua (2001). Retrieved on 2018-11-08.
  3. Law No. 577 of 2006 on Amendments and Additions to Law No. 312 of 1999 on Copyright and Neighboring Rights. Nicaragua (2006). Retrieved on 2018-11-08.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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COM:Panama

Panama

This page provides an overview of copyright rules of Panama relevant to uploading works into Wikimedia Commons. Note that any work originating in Panama must be in the public domain, or available under a free license, in both Panama 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 Panama, refer to the relevant laws for clarification.

Background

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Panama was colonized by Spain in the 16th century. It broke away from Spain in 1821 and joined the Republic of Gran Colombia, then in 1831 the Republic of Colombia. Panama seceded from Colombia in 1903.

Panama has been a member of the Berne Convention since 8 June 1996, the World Trade Organization since 6 September 1997 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law No. 64 of October 10, 2012, on Copyright and Neighboring Rights as the main IP law enacted by the legislature of Panama.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

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Under the former Law No. 15 of August 8, 1994 on Copyright and Neighboring Rights and Enacting Other Provisions, a work first published in Panama was in the public domain if it met one of the following criteria:

  • It was an anonymous work or pseudonymous work and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
  • It was a collective or audiovisual work, and 50 years had passed since the date of its publication (or creation, whatever date is the latest)
  • It was another kind of work, and 50 years had passed since the year of death of the author (or last-surviving author)

Under the Law No. 64 of October 10, 2012,

  • Economic rights last for the author's life and 70 years after his death.[64/2012 Article 59]
  • With a collaborative work, the term is counted from the death of the last surviving co-author.[64/2012 Article 59]
  • With anonymous and pseudonymous works, the term is 70 years from the year of its publication.[64/2012 Article 60]
  • With collective works, computer programs and audiovisual works, economic rights expire 70 years after first publication, or if that does not happen after completion.[64/2012 Article 61]
  • The terms defined above are calculated from the first of January of the year following the death of the author or, as appropriate, the disclosure, publication or completion of the work.[64/2012 Article 63]
  • Patrimonial rights over works, artistic performances, phonographic productions or broadcasts already protected by Law 15 of 8 August 1994, shall enjoy the longer terms of protection established by this Law.[64/2012 Article 193]

The economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.[64/2012 Article 194]

Not protected

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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]

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{{PD-Panama}} - Works in the public domain

Freedom of panorama

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OK; in regard to buildings, for the outer façade only. {{FoP-Panama}}

Under the Law No. 64 of October 10, 2012, reproduction, broadcasting or public transmission by cable of the image of an architectural work, of a work of the fine arts, of a photographic work or of a work of applied arts that is located permanently in a place open to the public is allowed. With buildings, this is limited to the exterior façade.[64/2012 Article 69(3)]

Stamps

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Copyrighted Under the Law No. 64 of October 10, 2012, stamps are not excluded from protection (e.g. as official texts).[64/2012 Article 13] Copyright lasts for 70 years after death of the author or coauthor, or 70 years from publication if the work is anonymous or pseudonymous [64/2012 Article 59–60]. However, the economic rights for works created by authors who died before Law 15 of 8 August 1994 came into force will have the duration of 80 years as provided for in the Administrative Code of 1917.[64/2012 Article 194] In effect, works by authors who died after 1943 are still protected. For older stamps, if applicable, use {{PD-Panama}}.

See also

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Citations

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  1. a b Panama Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. Ley N° 64 de 10 de Octubre de 2012 sobre el Derecho de Autor y Derechos Conexos (in Spanish). Panama (2018). Retrieved on 2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer