Copyright is the right to copy and publish a particular work. The terms "copy" and "publish" are quite broad. They include copying in electronic form, making translated versions, creating a television program based on the work, and putting the work on the Internet. A work is protected by copyright if it is a literary or artistic work. This general expression covers almost all products of creative and original effort. Copyright protects only the specific expression of an idea, not the idea itself. A collection of facts may be copyrighted if there was creative activity involved in compiling the collection. Several countries provide separate protection for collections of facts that qualify as "databases", but that provision is not considered copyright. Copyright protection is automatic upon creation of the work. In some countries, registration with a copyright office has additional benefits, such as the ability to sue, or to receive more money in damages. When a work's copyright term ends, the work passes into the public domain.
The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after their death.[1] For some categories of works, the minimum duration is shorter: for example, the minimum term for applied art is 25 years, movies have a minimum term of 50 years. Most countries have opted for a longer term of protection, as permitted.
Under the Convention, the duration of copyright depends on the length of the author's life. Berne specifies that copyright exists a minimum of 50 years after the author's death,[1] while a number of countries, including the European Union and the United States, have extended that to 70 years after the author's death. A small number of countries have extended copyright even further, with Mexico having the lengthiest term at 100 years after the author's death.
In 1989, the Berne Convention became effective in the U.S. Since that date, U.S. authors obtain copyright on their works automatically, with registration no longer required. However, many U.S. texts on copyright have not been updated and still echo the old registration principle.[2]
Copyright registration remains available in the U.S. To initiate a lawsuit against an infringer, registration is still required. Registration offers the potential of statutory damages from the infringer, rather than only actual damages.[clarification needed]
All countries within the European Union are signatory states of the Berne Convention. Additionally, Copyright in the European Union is regulated through European Directives.
The member states of the European Union have, following a directive, increased the term to life of the author plus 70 years after their death. Although this was not the original intention, the extension applies retroactively; this had the effect that works that had ended up in the public domain because the author was dead for 50 years, received an additional twenty years of protection.
European countries follow the principle that copyright protection is granted automatically upon creation of the work. This principle was first established in the Berne Convention (1886), and Article 5 of the Convention expressly forbids any member country to require formal action for copyright protection.[3][4][5][6]
Countries, areas, and entities Copyright terms based on authors' deaths[a] Copyright terms based on publication and creation dates[a] Until year end? Afghanistan Life + 50 years[7] 50 years from publication (anonymous or pseudonymous work)[7]
50 years from publication (published after authors' deaths)[7]
50 years from publication (audiovisual works)[7]
50 years from publication (photographic, painting works)[7]
50 years from creation (phonogram)[7]
70 years from publication; 70 years from creation if unpublished (photographic or audiovisual work of joint authorship)[9]
25 years from production (works of applied art)[8]: Art. 20
50 years from creation (photographs or the work of applied art)[10]: Art. 59
Yes[10]: Arts. 54, 56–58, 60 Andorra Life + 70 years[b][11]: Art. 18(1), (4) 70 years from publication; 70 years from creation if unpublished (collective work with unknown authorship)[11]: Art. 18(3)70 years from publication (anonymous or pseudonymous work)[11]: Art. 18(5)
Yes[11]: Art. 18(8) Angola Life + 70 years[12]
Life + 45 years (photographic works or applied arts)[12]
50 years from creation (broadcast); 50 years after programme included in a cable programme service[15]: s. 12(1)
25 years from publication (typographical arrangement of a published edition)[15]: s. 13
50 years after making (television broadcasts and sound broadcasts)[24]: s. 95
25 years from publication (published editions of works)[24]: s. 96
[50 years from publication (photographs, no longer applicable since 1 January 2005)][25]
40 years from publication or 50 years from completion, whichever is shorter (computer software)[29]: Art. 31(3)
Bangladesh Life + 60 years or Publication + 60 years[30]: s. 24 60 years from publication (cinematographic films,[30]: s. 26 sound recordings,[30]: s. 27 photographs,[30]: s. 28 computer programmes[30]: s. 28A or works of the Government, local authority or an international organisation[30]: ss. 30–32 ) Yes[30]: s. 24, 26, 27, 28, 28A, ss. 30–32 Barbados Life + 50 years[31][32]: s. 10(1) 50 years from publication (anonymous or pseudonymous works)[32]: s. 10(3)
50 years from making (computer-generated work)[32]: s. 10(4)
50 years from publication; 50 years from creation if unpublished (sound recordings and films)[32]: s. 11
50 years from creation (broadcast); 50 years after programme included in a cable programme service[32]: s. 12
25 years from publication (typographical arrangement of a published edition)[32]: s. 13
50 years from fixation (performance)[33]: Art. 38(1)
50 years from publication or if unpublished 50 years from fixation (phonogram)[33]: Art. 38(2)
50 years from the first broadcast or cable transmission[33]: Art. 38(3)
Signatories may grant longer terms.[38]
50 years from publication (anonymous or pseudonymous works)[40]
25 years from creation (photographic works)[41]
Signatories may grant longer terms.[38]
Publication + 70 years (audiovisual and photograpical works)
Publication + 70 years (anonymous and pseudonymous works)
Creation + 70 years (sound recordings)
Publication + 50 years, or, if unpublished, creation + 50 years (computer programs)
Yes[47]: arts. 41, 44 British Indian Ocean Territory Life + 70 Years British Virgin Islands Life + 70 Years Brunei Life + 50 years[48] Bulgaria Life + 70 years (EU)[49] Burkina Faso Life + 70 years[50] Burundi Life + 50 years 50 years from publication (phonograms)[51] Cambodia Life + 50 years[52] Cameroon Life + 50 years[53] Canada Life + 70 years (except certain posthumous works)[54][55]
[Life + 50 years (death before 1972)]
50 years from publication (certain posthumous works)[56]
50 years from creation (photographic works)[85]: Art. 49a
Yes[85]: Art. 43 France Life + 70 years (except posthumous works published after this term)[e][86]: Arts. L123-1, L123-2The following additions to copyright term formerly applied to all works, but the French Cour de Cassation has found them to be superseded by later copyright treaties, thus limiting the copyright term to life + 70 years total, at least for non-musical works of authors who did not "die for France".[87]
+ 6 years 152 days for musical work published through 1920[86]: Art. L123-8
+ 8 years and 120 days for musical work published through 1947[86]: Art. L123-9
+ 30 years for all works if the author died on active service (based on the former copyright term, which was life + 50 years, meaning that, in practice, the addition is 10 years longer than the current life + 70 years term)[86]: Art. L123-10
25 years from publication (posthumous works published after Art. L123-1 term)[86]: L123-4
Yes[86]: Arts. L123-1, L123-3, L123-4,
Life + 50 years (films)[101]: s. 19 [h]
50 years from publication or if unpublished 50 years from creation (sound recordings)[102]: s. 18
50 years from creation (broadcast); 50 years after programme included in a cable programme service[102]: s. 20
25 years from publication (typographical arrangement of published editions)[102]: s. 21
If there are multiple authors, life of last surviving author + 70 years[103]: s. 31(4)
70 years counted from the first day of the year following the first disclosure of a collective work or a cinematographic creation.[103]: s. 31(5)(6)
25 years from the first day of the year following the first disclosure if copyright protection of a scope consistent with the author's economic rights shall be due to the person who, following the expiration of the term of protection or the period of time determined in the term of protection shall be counted from a date other than the first day of the year following the death of the author, the author dying last, or the joint author, discloses according to the law a work previously not disclosed to the public.[103]: s. 31(7), 32
As an exception expressions of folklore themselves do not, however, enjoy copyright protection in Hungary.[103]: s. 1(7)
20 years from publication (copyright of State, the provinces, the communes, the academies or public cultural organizations, or to private legal entities of a non-profit making character)
Yes[116]: s. 25, s. 32ter Jamaica[117] Life + 95 yearsLife + 50 years (for authors that died before 1962) [119]
: s. 10(1)
95 years from publication (anonymous or pseudonymous work, work for hire)[119]: s. 10(2), s. 13A
95 years from creation (computer-generated work, broadcast, cable programme)[119]: s. 10(4), 12(1)
95 years from publication or if unpublished 95 years from creation (sound recording or film)[119]: s. 11
50 years from publication (typographical arrangement of a published edition)[119]: s. 13
70 years from publication, or if unpublished, 70 years from creation (works of a legal person or other corporate body)[122][121]: Art. 53(1)
70 years from creation (cinematographic works), and 38 years after the film director's death (for films released before 1971), whichever comes last.: Art. 3 : Art. 22(3)
70 years from publication, or if unpublished within 50 years, 70 years from creation (works made for hire, cinematographic works)[127]: Art. 41
Yes[127]: Art. 44 Kuwait TRIPS[128] Kyrgyzstan Life + 50 years[129] Laos Life + 50 years[j] 50 years after making available. Also:Related: Performances, phonograms, broadcasts: 50 years since the date of performance, fixation, and broadcast, respectively.
Latvia Life + 70 years[132]: Art. 36
50 years from publication (audiovisual works)[141]: Art. 106
25 years from completion (works of applied art)[141]: Art. 148
50 years after publication or if unpublished 50 years from creation (anonymous, pseudonymous work, sound recording, broadcast, film)[145]: s. 17(3), s. 19
50 years after being made (broadcast)[145]: s. 20
Life + 75 years (before the law change on 23 July 2003, applicable for deaths before 23 July 1928)[154]
Life + 50 years (before the law change on 1 January 1994, applicable for deaths before 1 January 1944)[155]
Life + 30 years (before the law change on 11 January 1982, applicable for deaths before 1 January 1952)
moral rights last perpetually.
70 years for Performers' rights, if no lawful publication has taken place within 50 years of the performance, copyright lasts for 70 years after the work's first performance.
70 years for Broadcasters' rights: if no lawful publication has taken place within 50 years of the work's creation, copyright lasts for 70 years after the work's creation.[162]
Mozambique Life + 70 years[163] Myanmar TRIPS Namibia Life + 50 years (except posthumous works)[164]: s. 3(2)(a) 50 years from publication (posthumous works)[164]: s. 3(2)(a)50 years from publication or if unpublished 50 years from creation (cinematograph films, photographs and computer programs)[164]: s. 3(2)(b)
Yes[164]: s. 3 Nauru Life + 50 years[165]: s. 18 (1) 25 years after work was made (applied art)[165]: s. 18 (4)25 years after publication (typographical arrangement of a published edition)[165]: s. 18 (5)
50 years after the latest of creation, availability to the public, or publication (collective work or film)[165]: s. 18 (3)
100 years after creation (government works)[165]: s. 15 (3)
25 years from publication (works first published more than 70 years after the death of the author)[169]
Yes[170] Caribbean Netherlands Life + 50 years[171] New Zealand Life + 50 years (literary, dramatic, musical, or artistic work)[172]: s. 22(1) 50 years from creation (computer-generated work)[172]: s. 22(2) Yes[172]: s. 22 Nicaragua Life + 70 years[173] Niger Life + 50 years[174] Nigeria Life + 70 years (literary, musical or artistic works other than photographs)[175] 70 years from publication (literary, musical or non-photograph artistic works in the case of government or a body corporate)
50 years from publication (cinematograph films and photographs)
50 years from publication (sound recordings)
50 years from publication (broadcasts)[175]
Life + 15 years, but no less than 50 years after publication ("'simple' photographs")[177][178]
70 years for anonymous works from the year when the work was created. If such an unpublished work, whose copyright has expired, is then later published, the publisher is entitled for a copyright for 25 years from the year of publication[177]
One exception from the rule is works that are already in public domain in their country of origin who are members of the Berne Union and/or WTO. These will enter public domain in Norway once they enter public domain in the country of their origin even if less than 70 years have passed since the creators' death.[179]
"Norway also has some peculiar laws that protect «simple» photographs. I.e. photographs, such as snapshots, that are below the threshold of originality to merit copyright protection are given neighbouring rights protection. [..] The Norwegian copyright act does not address public domain directly. The Norwegian copyright law defines two basic rights for authors: economic rights and moral rights. [..] For material that is outside the scope of copyright, the phrase «i det fri» («in the free») is used. This corresponds roughly to the term «public domain» in English. Norwegian copyright law makes a distinction between copyright and neighbouring rights. Only creative and artistic works are subject to copyright. Some other types of works are protected by so-called neighbouring rights."[177]
Yes[178] Oman Life + 70 years[180] 90 years from the year following the publication120 years from the year following the completion[181]
Yes Pakistan Life + 50 years[182] Yes[182] Palau Life + 50 years[183] Panama Life + 70 years[184] Yes Papua New Guinea Life + 50 years[185] Paraguay Life + 70 years[186] Peru Life + 70 years[187] Philippines Life + 50 years[188]: s. 213.1 50 years from publication (photographic works), or 50 years from creation if unpublished within 50 years of creation[188]: s. 213.5 Yes[188]: s. 214 Poland Life + 70 years[189] Portugal Life + 70 yearsLife + 74 years (for those who fought in or worked during the Great Patriotic War (1941–1945))
Date of rehabilitation + 70 (74) years (for unlawfully prosecuted and posthumously rehabilitated)
Protection applies if copyright term of Life + 50 years (or Life + 54 years) did not expire by 1 January 1993.[194]
50 years from publication (radio and television broadcasts)[195]50 years from creation if unpublished, or 50 years from publication (sound records)[196]
70 years from publication (anonymous works)[193]
70 years from publication if published within 70 years from death (posthumous publication)
70 years from publication if published before 3 August 1993 by a corporation (cinematographic, television, radio works, print periodicals and compilations).[194] Protection term applies to "the whole work" only, i.e. individual authors of each protectable part of the whole work retain their own copyright[197]
All works published prior to the October Revolution (7 November 1917) are believed to be uncopyrighted.
Rwanda Berne, TRIPS Saint Helena Life + 50 years St. Kitts and Nevis Life + 50 years[88] St. Lucia Life + 50 years[198] St. Vincent and the Grenadines Life + 75 years (literary, dramatic, musical or artistic work)[199] 75 years from publication or if unpublished 50 years from creation (sound recording or film)[199]: s. 9(1)
50 years from creation (computer-generated work)[199]: s. 8(4)
50 years from creation (broadcast); 50 years after programme included in a cable programme service[199]: s. 10(1)
25 years from creation (applied art)[206]: s. 9(1)(iv)
Yes[206]: s. 9(1) Sierra Leone Life + 50 years[207]: s. 21 50 years from publication (photograph, film, or broadcast)[207]: s. 2550 years from creation (sound recording)[207]: s. 23
Singapore[208] Life + 70 years (except posthumous work)[209][210]: s. 28(2) 70 years from publication (posthumous work, photograph)[210]: s. 28(3), (6)
70 years from publication (sound recordings and cinematograph films)[210]: s. 92, 93
50 years after making (television broadcasts, sound broadcasts, cable programmes)[210]: s. 94, 95
25 years from publication (published editions of works)[210]: s. 96
50 years from publication (sound recordings; broadcasts; programme-carrying signals; and published editions)[214]: s. 3(2)(c)
Yes[214]: s. 3 Spain Life + 70 years (for authors that died on or after 7 December 1987)
Life + 80 years (for authors that died before 7 December 1987)
[Life + 50 years (before the law change on 1 July 1993, applicable for deaths through 1942)][221]
50 years from publication; 50 years from creation if unpublished (corporate works; photographic works, audiovisual works, sound recordings, and performances)[224]: Arts. 33, 34
10 years from publication (posthumous works first published 40 to 50 years after death)[224]: Art. 30
If there are multiple authors, life of last surviving author + 70 years[238]: s. 12
For films, life + 70 years for the last to die of: principal director, author of screenplay, author of dialogue, or composer of music specifically created for and used in the film.[238]: s. 13B
70 years if the author is unknown70 years after release; if not released, 70 years after making (sound recordings).[239] Recordings which entered the public domain prior to 1 January 2013 are not retroactively covered.
50 years from end of calendar year when the broadcast was first made (broadcasts)[238]: s. 14
Yes[238]: s. 12, 13 United States[240] Life + 70 years (works published since 1978 or unpublished works)[241] 95 years from publication or 120 years from creation, whichever is shorter (anonymous works, pseudonymous works, or works made for hire, published since 1978)[242]95 years from publication for works published 1964–1977; 28 (if copyright not renewed) or 95 years from publication for works published 1930–1963 (copyrights prior to 1930 have expired, not including copyrights on sound recordings fixed prior to 15 February 1972, covered only under state laws.)[243]
Yes[244] Universal Copyright Convention minimum terms Life + 25 years (general works)[245] 25 years from publication (specific works not based on authors' deaths)[245]10 years (photographic works or to works of applied art)[246]
Uruguay Life + 70 years[247] 70 years after the work is made available (anonymous and pseudonymous works)[248]70 years from publication (collective works)[248]
Yes[248] Uzbekistan Life + 70 years[249] Vanuatu Life + 50 years[250] 25 years after the work is made (works of applied art)[250]50 years after the latest of: the date the work is made, the date the work is made available to the public or the date of first publication (works published anonymously or under a pseudonym, collective works and audiovisual works)[250]
50 years after the death of the last author to die (works of joint authorship)[250]
60 years from publication (anonymous or pseudonymous work)[252]: Art. 27
Yes[252]: Arts. 25–27 Vietnam Berne Yemen Life + 30 years 10 years from the date of issue from 1 January of the year of issue for photographs;25 years from the date of production from 1 January of the production year for motion picture or television film.[253]
After expiry of copyright, the work "may be announced to be the ownership of the State" (emphasis added).[253]
Zambia Life + 50 years[254] Zimbabwe Life + 50 years[255][256]: s. 5(3), 6(3)(a) 50 years from publication (photographs)[256]: s. 6(3)(b)
50 years from creation (Sound recordings)[256]: s. 16(2)
50 years from publication (cinematograph films, broadcasts)[256]: s. 17(2), s. 18(2)
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