共享资源:各地著作权法规/尼日尔
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著作权法规： 尼日尔 快捷方式: COM:尼日尔 | |
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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 |
| 集体作品 | 创作或发表年份+50年 |
| 应用艺术 | 创作年份+25年 |
| 其他 | |
| 全景自由 | Incidental, non-commercial use only |
| 截至年底 | 是 |
| 一般授权条款标签 | {{PD-Niger}} |
| 协议 | |
| 伯尔尼公约 | 1962年5月2日 |
| 班吉协定 | 1982年2月8日 |
| 世界贸易组织成员 | 1996年12月13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 Niger relevant to uploading works into Wikimedia Commons. Note that any work originating in Niger must be in the public domain, or available under a free license, in both Niger 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 Niger, refer to the relevant laws for clarification.
背景
The French began colonization efforts in what is now Niger in the late 19th century, and had eliminated all resistance by 1922. Niger became an autonomous state in 1958 and acquired full independence on 3 August 1960.
Niger has been a member of the Berne Convention since 2 May 1962, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 13 December 1996.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree No. 93-027 of March 30, 1993, on Copyright, Neighbouring Rights and Folklore as the main copyright law enacted by the legislature of Niger.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under the the Decree No. 93-027 of March 30, 1993 on Copyright, Neighbouring Rights and Folklore,
- Except as otherwise provided in this Chapter, the economic rights in a work shall be protected during the lifetime of the author and for 50 years after his death.[93-027/1993 Article 22(1)]
- The economic rights in a work of joint authorship shall be protected during the lifetime of the last surviving author and for 50 years after his death.[93-027/1993 Article 23]
- The economic rights in a work published anonymously or under a pseudonym shall be protected until the expiry of a period of 50 years as from the date on which such work has been lawfully published for the first time.[93-027/1993 Article 24]
- The economic rights in a collective work or in an audiovisual work shall be protected until the expiry of a period of 50 years after such a work has been lawfully made accessible to the public or, failing such an event occurring during the period of 50 years as from the making of the work, 50 years as from its making.[93-027/1993 Article 25]
- The economic rights in a work of applied art shall be protected until the expiry of a period of 25 years as from the making of such work.[93-027/1993 Article 26]
In the above, each time limit shall expire at the end of the calendar year during which it would normally lapse.[93-027/1993 Article 27]
Expressions of folklore: not free
参见：共享资源:付费公有领域
"Folklore" means any productions created within the national territory by national ethnic communities, handed down from generation to generation, and constituting one of the fundamental elements of the traditional cultural heritage of a nation.[93-027/1993 Article 54(1)] "Expressions of folklore" means any productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of such a community, in particular verbal expressions, such as folk tales, folk poetry and riddles; musical expressions, such as folk songs and instrumental music; expressions by actions, such as folk dances, plays and artistic forms of rituals; tangible expressions, such as productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes; musical instruments; architectural forms.[93-027/1993 Article 54(2)]
The expressions of folklore developed and maintained in Niger shall be protected against unlawful exploitation and other prejudicial actions.[93-027/1993 Article 55] The following utilizations of the expressions of folklore shall be subject to authorization by the Copyright Office of Niger when they are made both with gainful intent and outside their traditional or customary context: any publication, reproduction and any distribution of copies of expressions of folklore; any public recitation or performance, any transmission by wireless means or by wire, and any other form of communication to the public, of expressions of folklore.[93-027/1993 Article 56] Where the Copyright Office of Niger grants authorization, it shall fix the amount of and collect fees. The fees collected shall be used for the purpose of promoting or safeguarding Nigerien culture.[93-027/1993 Article 57 (2)]
The law permits utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, a film or television broadcast.[93-027/1993 Article 58(ii)]
版权标签
参见：共享資源:著作權標籤
- {{PD-Niger}} – for works made in Niger whose copyright has expired
- {{PD-NigerienGov}} – for works created by the Nigerien government that do not fall under copyright protection.
货币
参见：共享资源:货币
Unsure West African CFA franc used in Niger has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law[3], but it is not known if it also applies to West African CFA franc.
全景自由
参见：共享资源:全景自由
不可以: incidental, non-commercial use only.
The 1993 law permits, without the consent of the author, "to reproduce or make available to the public, for the purposes of reporting on current events by means of photography, cinematography, or through broadcasting or such communication to the public by cable, a work seen or heard during such an event, to the extent justified by the intended informatory purpose.[93-027/1993 Article 14(ii)] The 1993 law also permits, "to reproduce, broadcast or communicate to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art that is permanently located in a place open to the public, except if the image of the work is the main subject of such reproduction, broadcast or communication and if it is used for profit-making purposes.[93-027/1993 Article 15]
The law permits utilization of any expression of folklore that can be seen or heard in the course of a current event for the purposes of reporting on that event by means of photography, broadcasting, or sound or visual recording, provided that the extent of such utilization is justified by the informatory purpose.[93-027/1993 Article 58 (i)] It also permits utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, a film or television broadcast.[93-027/1993 Article 58(ii)]
引用
- ↑ a b Niger Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Decree No. 93-027 of March 30, 1993, on Copyright, Neighbouring Rights and Folklore. Niger (1993). Retrieved on 2018-11-05.
- ↑ [1]