Commons:Règuli di copyright pi tirritoriu/Algirìa
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Copyright rules: Algeria Shortcut: COM:ALGERIA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 50 years |
| Anonymous | Publish + 50 years |
| Collective | Publish + 50 years |
| Applied art | Create + 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Algeria}} {{PD-Algeria-photo-except}} |
| Treaties | |
| Berne convention | 19 April 1998 |
| Univ. Copyright Convention | 10 July 1974 |
| URAA restoration date* | 19 April 1998 |
| WIPO treaty | 31 January 2014 |
| *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 Algeria relevant to uploading works into Wikimedia Commons. Note that any work originating in Algeria must be in the public domain, or available under a free license, in both Algeria 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 Algeria, refer to the relevant laws for clarification.
Background
Algeria was a French colony from the mid-19th century until 1962, when it became an independent republic following the March 1962 Evian agreements.
Algeria has been a member of the Berne Convention since 19 April 1998 and the WIPO treaty since 31 January 2014, 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 Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights as the main copyright law.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Wayback Machine holds the French language version.[3]
The 2003 law repealed the Order No. 97-10 dated 27 Shawwal 1417 corresponding to March 6, 1997 related to Copyrights and Neighboring Rights, which in turn repealed the Order No. 73-14 of April 3, 1973 corresponding to copyright. Article 160 of the 1997 law and Article 161 of the 2003 (current) law specify non-retroactivity of the protection terms for works that already fell into public domain.
Durations
Works published in Algeria before 1997 are subject to the 1973 copyright law: Ordonnance n° 73-14 du 3 avril 1973 relative au droit d'auteur (General rule: 25 year protection, see the chapter VII about duration).
Works published between 1997 and 2003 are subject to the 1997 copyright law: Ordonnance n° 10 du 6 mars 1997 relative aux droits d'auteur et aux droits voisins, non retroactive. (General rule: 50 year protection).
Works published from 2003 onwards, as well as those not in the public domain at the time the 2003 copyright law came into effect, are subject to the 2003 copyright law.
According to Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003,
- Material rights are protected throughout the author's life, and for 50 years from the beginning of the Gregorian year following his death.[Law of 2003, Art.54]
- For a joint work protection is for 50 years from the end of the Gregorian year following the death of the last surviving co-author.[Law of 2003, Art.55]
- The protection period for a collective, pseudonymous, anonymous, posthumous or audiovisual work is 50 years from the end of the Gregorian year during which the work has been legally published for the first time. If the work has not been published within 50 years of its creation, the 50-year protection period is effective from the end of the Gregorian year during which it was publicly circulated. If the work has not been publicly circulated within 50 years from its creation, the 50-year protection period is effective from the end of the Gregorian year during which the work was created.[Law of 2003, Art.56–58, 60]
- Pictorial and applied art works are protected for 50 years from creation.[Law of 2003, Art.59]
However, all photographs which were first published before January 1, 1987 are in the public domain, see {{PD-Algeria-photo-except}}.
Not protected
Vedi anche: Commons:Unprotected works
- Protection shall not include ideas, concepts, principles, approaches, techniques, working procedures and patterns associated with intellectual work creation themselves, except to the extent they are enlisted, structured or arranged in the protected work, and in the format expression independent of their description, interpretation or clarification.[Law of 2003, Art.7]
- State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
- Approved protection of copyrights provided for herein shall not be granted to administrative laws, regulations, resolutions and administrative contracts issued by the state institutions, local groups, justice rulings and the official translation of these texts.[Law of 2003, Art.11]
Traditional cultural heritage: non-free
Vedi anche: Commons:Paying public domain
Under Algeria's 19 July 2003 Copyrights and Related Rights Act, works of traditional cultural heritage and national works considered as public property are granted special protection.[Law of 2003, Art.8] The National Bureau of Copyrights and Neighboring Rights protects these works.[Law of 2003, Art.139] Their use is subject to a license from the Bureau, and if the use is for profit a royalty is payable to the Bureau.[Law of 2003, Art.140]
Copyright tags
Vedi anche: Commons:Copyright tags
- {{PD-Algeria-photo-except}} – for photographs published prior to 1987.
- {{PD-Algeria}} – for other works.
Currency
Vedi anche: Commons:Currency
for the currency issued by the current Bank of Algeria. According to the Algerian 2003 copyright act,
- State works, legally made available for public use in non-profit generating purposes, may be freely used subject to maintaining the work wellbeing and highlighting its source. State works, within the context of this article, shall mean works produced and published by various state institutions, local groups and public establishments of administrative nature.[Law of 2003, Art.9]
The non-commercial restriction that makes both coins or banknotes incompatible with Commons licensing policy. This does not apply to the banknotes and coins issued by the Banque de l'Algérie, the banking authority during French rule (until 1958), because it was not an official body of the current Algerian state. Copyright status of this currency is currently undetermined.
Freedom of panorama
Vedi anche: Commons:Freedom of panorama
According to article 50 of the Algerian copyright law 2003, it shall be lawful to reproduce or to communicate to the public, without authorization of the author and without remuneration, a work of architecture or the fine arts, a work of applied arts or a photographic work that is permanently situated in a public place, with the exception of art galleries, museums and classified cultural or natural sites.[Law of 2003, Art.50]
The freedom of panorama clause was introduced in the 1997 copyright law of Algeria.[Law of 1997, Art.51] Prior that, a limited freedom of panorama right for use by cinematography and TV broadcasts existed in the 1973 copyright law of Algeria.[Law of 1973, Art.27]
See also
Citations
- ↑ a b Algeria Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights. Algeria (2018). Retrieved on 2018-11-03.
- ↑ Journal Officiel De La Republique Algerienne Democratique Et Populaire (23 July 2003).