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Commons:Copyright rules by territory/Consolidated list Z

< Commons:Copyright rules by territory

This page gives overviews of copyright rules in different countries or territories. It is "transcluded" from individual pages giving the rules for each territory.

Text transcluded from
COM:Zambia

Zambia

Copyright rules: Zambia
Shortcut: COM:ZAMBIA
Flag of Zambia
Map of Zambia
Durations
Standard Life + 50 years
Anonymous Publish + 50 years
Audiovisual Create/publish + 50 years
Other
Freedom of panorama No
Terms run to year end Yes
Common licence tags {{PD-Zambia}}
ISO 3166-1 alpha-3 ZMB
Treaties
Berne convention 2 January 1992
WTO member 1 January 1995
URAA restoration date‌* 1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

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The Zambia region became the British protectorates of Barotziland-North-Western Rhodesia and North-Eastern Rhodesia towards the end of the 19th century. These were merged in 1911 to form Northern Rhodesia. Zambia became independent on 24 October 1964.

Zambia has been a member of the Berne Convention since 2 January 1992 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed The Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994) as the main copyright law enacted by the legislature of Zambia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law was amended by Act No. 25 of 2010, but the changes were concerned with rules related to handling copyright violations rather than definitions of works and durations.[3]

General rules

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Under the Copyright and Performance Rights Act, enacted 1994, amended 2010,

  • Except as otherwise stated below, copyright in a literary, musical or artistic work or compilation expires at the end of 50 years from the end of the calendar year in which the author dies.[1994-2010 Section 12(1)]
  • If the work is produced by a public officer or employee of the government in the course of his employment, and the government is the first owner of the copyright in the work, copyright in the work expires at the end of 50 years from the end of the calendar year in which the work is made.[1994-2010 Section 12(2)]
  • If the work is of unknown authorship, the copyright in the work shall expire at the end of the period of 50 years from the end of the calendar year in which the work is first published, unless the identity of the author of the work becomes known before that date.[1994-2010 Section 12(3)]
  • For a work of joint authorship, references to the "author" mean the last survivor of the known authors.[1994-2010 Section 12(4)]
  • Copyright in an audiovisual work or sound recording expires at the end of the period of 50 years from the end of the calendar year in which it is made; or at the end of the period of 50 years from the end of the calendar year in which it is first published, if it is published within 50 years of being made.[1994-2010 Section 13]
  • Copyright in a broadcast or cable program expires at the end of the period of 50 years from the end of the calendar year in which the broadcast or cable program was first transmitted.[1994-2010 Section 14]

Currency

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 Not OK Banknotes and coins are not exempted from copyright, and are assumed to be treated normally as works produced by government employees. According to the Copyright and Performance Rights Act 1994, the copyright on works made by government employees is held by the government, and the expiration of the protection is 50 years after the first publication of the work.[1994-2010 Section 12(2)]

Freedom of panorama

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 Not OK: {{NoFoP-Zambia}}

Artistic works are objects of copyright according to section 8 of the Copyright and Performance Rights Act, 1994. An artistic work is defined under section 2, and includes paintings, drawings and engravings (a); works of sculpture (c); works of architecture (d); and photographs (e). Exclusive right of the copyright owner over these works is guaranteed at section 17.

Section 21(h) of the law provides an exception for "incidental inclusion of a work in an artistic work, audiovisual work, broadcast or cable program," but no freedom of panorama.

See also

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Citations

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  1. ↑ a b Zambia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. ↑ Copyright and Performance Rights Act, 1994 (Act No. 44 of 1994). Zambia (2018). Retrieved on 2018-11-04.
  3. ↑ Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010). Zambia. Retrieved on 2018-11-04.
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:Zimbabwe

Zimbabwe

Copyright rules: Zimbabwe
Shortcut: COM:ZIMBABWE
Flag of Zimbabwe
Map of Zimbabwe
Durations
Standard Life + 50 years
Anonymous Create/publish + 50 years
Audiovisual Create/publish + 50 years
Collective Create/publish + 50 years
Other
Freedom of panorama Yes
Terms run to year end Yes
Common licence tags {{PD-Zimbabwe}}
ISO 3166-1 alpha-3 ZWE
Treaties
Berne convention 18 April 1980
WTO member 5 March 1995
URAA restoration date‌* 1 January 1996
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

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The British South Africa Company demarcated the present territory during the 1890s. It became the self-governing British colony of Southern Rhodesia in 1923. In 1965 the white minority government unilaterally declared independence as Rhodesia. After a lengthy guerrilla war the state gained sovereignty as Zimbabwe in April 1980.

Zimbabwe has been a member of the Berne Convention since 18 April 1980 and the World Trade Organization since 5 March 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2004 "Copyright and Neighbouring Rights Act (Chapter 26:05)" as the main IP law enacted by the legislature of Zimbabwe.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

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Under the Copyright and Neighboring Rights Act, enacted 2004,

  • An audiovisual work, collective work, photograph or computer program is protected for 50 years from the end of the year in which the work is lawfully made available to the public or, failing such an event within 50 years from the making of the work, 50 years from the end of the year in which the work is made.[Cap.26:05/2004 Section 15.1a]
  • A sound recording is protected for 50 years from the end of the year in which the recording is first published.[Cap.26:05/2004 Section 15.1b]
  • A broadcast is protected for 50 years from the end of the year in which the broadcast first takes place.[Cap.26:05/2004 Section 15.1c]
  • A published edition is protected for 50 years from the end of the year in which the edition is first published.[Cap.26:05/2004 Section 15.1ea]
  • Any other literary, musical or artistic work is protected for the life of the author and 50 years from the end of the year in which the author dies.[Cap.26:05/2004 Section 15.1f]
  • Copyright conferred on the State or an international organisation subsist­s
    • For an audiovisual work, photograph, sound recording, broadcast or published edition, for the period specified above.[Cap.26:05/2004 Section 15.2a]
    • For any other literary, musical or artistic work, for 50 years from the end of the year in which the work was first published.[Cap.26:05/2004 Section 15.2b]
  • The copyright in an anonymous or pseudonymous literary work, other than a government work, subsists for 50 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, whichever period is the shorter.[Cap.26:05/2004 Section 15.3]
  • With a work of joint authorship, references to the death of an author refer to the author who dies last.[Cap.26:05/2004 Section 15.4]

A Zimbabwean work that is in the public domain in Zimbabwe according to this rule is in the public domain in the U.S. only if it was in the public domain in Zimbabwe in 1996, e.g. if it was published before 1946 and no copyright was registered in the U.S. This is the effect of the Uruguay Round Agreements Act (17 USC 104A) with its critical date of January 1, 1996.

Folklore: not free

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See also: Commons:Paying public domain

"Work of folklore" means a literary, musical or artistic work, whether or not it is recorded, of which no person can claim to be the author; and the form or content is embodied in the traditions peculiar to one or more communities in Zimbabwe; and includes­ folk tales, folk poetry and traditional riddles; folk songs and instrumental folk music; folk dances, plays and artistic forms of ritual; productions of folk art, in particular drawings, paintings, sculptures, pottery, woodwork, metalwork, jewellery, baskets and costumes.[Cap.26:05/2004 Section 80] The Minister may grant a written licence to any person or class of persons authorising him or them, as the case may be, to do anything in relation to a reserved work of folklore, where the right to do that thing has been reserved to the President.[Cap.26:05/2004 Section 85(1)] A licence granted under subsection (1) may require the licensee to pay a fee for doing anything under the licence.[Cap.26:05/2004 Section 85(2)]

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  • {{PD-Zimbabwe}} – photographs 50 years starting from the end of publication year, other works 50 years starting from the end of the year, in which the author died.

Currency

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Legal tender:  Not OK According to section 50 of the Copyright Act Chapter 26:1 of Zimbabwe the copyright of banknotes and coins are vested in the Reserve Bank of Zimbabwe and subsists from the date on which such bank notes or coin are issued as legal tender until such bank notes or coin are demonetized.

OK Bank notes and coins that have been demonetized.

Freedom of panorama

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OK: {{FoP-Zimbabwe}}. Section 35 of the 2004 law states:[Cap.26:05/2004 Section 35]

Reproduction of artistic works in public places
The copyright in an artistic work which is permanently situated in a street, square or other public place or in premises open to the public shall not be infringed by­
(a) the work being included in a graphic work, a photograph, an audio-visual work, a broadcast or a cable programme;
(b) the making of copies of the work, where the copies are greatly reduced in scale.

There is a need to attribute the author of the artistic work if photos or videos of it are used for commercial purposes:[Cap.26:05/2004 Section 61(3)]

Right to be identified as author or director

(3) Subject to this Part, the author of an artistic work has the right to be identified as the author of the work for so long as copyright subsists in it, whenever—

(a) the work is published commercially or exhibited in public, or a visual image of it is broadcast or included in a cable programme service; or
(b) an audio-visual work including a visual image of the artistic work is shown in public or copies of such an audio-visual work are issued to the public; or
(c) in the case of
(i) an architectural work in the form of a building; or
(ii) a sculpture; or
(iii) a work of artistic craftsmanship;
copies of a graphic work representing it, or copies of a photograph of it, are issued to the public.

See also

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Citations

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  1. ↑ a b Zimbabwe Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. ↑ Copyright and Neighbouring Rights Act (Chapter 26:05). Zimbabwe (2004). 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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