共享资源:各地自治区法规/圣基茨和尼维斯
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著作权法规： 圣基茨和尼维斯 快捷方式: COM:圣基茨和尼维斯 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+50年 |
| 匿名 | 出版 + 50年 |
| 视听作品 | 创作或发表年份+50年 |
| 其他 | |
| 全景自由 | For 3D works |
| 截至年底 | 是 |
| 一般授权条款标签 | {{PD-Saint Kitts and Nevis}} |
| 协议 | |
| 伯尔尼公约 | 1995年4月9日 |
| 世界贸易组织成员 | 1996年2月21日 |
| 乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Saint Kitts and Nevis relevant to uploading works into Wikimedia Commons. Note that any work originating in Saint Kitts and Nevis must be in the public domain, or available under a free license, in both Saint Kitts and Nevis 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 Saint Kitts and Nevis, refer to the relevant laws for clarification.
背景
Saint Christopher Island (Saint Kitts) was colonized by the English in 1623, and soon after was partitioned with the French. The French ceded their part to the United Kingdom in 1713. St. Kitts and Nevis became independent in 1983.
Saint Kitts and Nevis has been a member of the Berne Convention since 9 April 1995 and the World Trade Organization since 21 February 1996, as well as a signatory to various other international treaties.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Cap. 18.08) of 2002 as the main copyright law enacted by the legislature of Saint Kitts and Nevis.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to the Chapter 18.08 Copyright Act of 2002,
- Subject to the provisions of this section, copyright in any literary, dramatic, musical or artistic work shall expire at the end of a period of 50 years from the end of the calendar year in which the author dies.[18.08/2000 Section 10(1)]
- Where the authorship of a literary, dramatic, musical or artistic work is unknown, copyright in that work shall expire at the end of a period of 50 years from the end of the calendar year in which it was first made available to the public.[18.08/2000 Section 10(2)]
- The provisions of subsections (1) and (2) of this section shall not apply to computer-generated work, the copyright in which expires at the end of the period of 50 years from the end of the calendar year in which the work was made.[18.08/2000 Section 10(4)]
- For a work of joint authorship, duration is based on death of the last surviving known author.[18.08/2000 Section 10(5)]
- Copyright in a sound recording or film expires at the end of a period of 50 years from the end of the calendar year in which it was made, or where it is made available to the public before the end of that period, 50 years from the end of the calendar year in which it is so made available.[18.08/2000 Section 11(1)]
Folklore
In respect of folklore, that is to say, all literary and artistic works that (a) constitute a basic element of the traditional and cultural heritage of Saint Christopher and Nevis; (b) were created in Saint Christopher and Nevis by various groups of the community; and (c) survive from generation to generation; the rights of the author shall vest in the Crown to the same extent as if the Crown had been the original creator of the folklore.[18.08/2000 Section 22(5)]
De minimis
参见：共享资源:最低限度
- Copyright in a work shall not be infringed (a) by its incidental inclusion in an artistic work, sound recording film, broadcast or cable programme; or (b) by the issue to the public of copies of the playing, showing, broadcasting or inclusion in a cable programme service of anything whose making was not an infringement of copyright by virtue of paragraph (a) of this section.[18.08/2000 Section 55]
全景自由
参见：共享资源:全景自由
可以 for 3D works. According to the Chapter 18.08 Copyright Act of 2002,
- Representation of artistic works on public display: This section shall apply to (a) buildings; and (b) sculptures, models of buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[18.08/2000 Section 74(1)]
- The copyright in the work referred to in section 74(1) shall not be infringed by (a) making a graphic work representing it; (b) making a photograph or film of it; (c) broadcasting or including in a cable programme service a visual image of it; or (d) the issue to the public of copies, or the broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this section, not an infringement of copyright.[18.08/2000 Section 74(2)]
引用
- ↑ a b Saint Kitts and Nevis Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Copyright Act (Cap. 18.08). Saint Kitts and Nevis (2002). Retrieved on 2018-11-04.