Commons:Copyright rules by territory/Cambodia
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Copyright rules: Cambodia Shortcut: COM:CAMBODIA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 75 years |
| Audiovisual | Publish + 75 years |
| Collective | Publish + 75 years |
| Posthumous | Publish + 75 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-Cambodia}} {{PD-CambodiaGov}} |
| ISO 3166-1 alpha-3 | KHM |
| Treaties | |
| Berne convention | 9 March 2022 |
| WTO member | 13 October 2004 |
| URAA restoration date* | 13 October 2004 |
| *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 Cambodia relevant to uploading works into Wikimedia Commons. Note that any work originating in Cambodia must be in the public domain, or available under a free license, in both Cambodia 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 Cambodia, refer to the relevant laws for clarification.
Background
Cambodia became a protectorate of France in 1863, and regained independence on 9 November 1953.
Cambodia has been a member of the World Trade Organization since 13 October 2004, and became a member of the Berne Convention since 9 March 2022.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 Law on Copyright and Related Rights as the main copyright law enacted by the legislature of Cambodia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to Cambodia's Law on Copyright and Related Rights, 2003,
- The protection of economic right starts from the date of the creation of a work and covers the life of the author, and the whole 50 years following his/her decease. In the case of a work of collaboration, the economic rights shall be protected during the life of the last surviving author and for 50 years after his/her death.[2003 Article 30]
- For anonymous and pseudonymous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation. If the identity of the author is revealed or is established beyond doubt of the public before this period of expiration, copyright instead expires 50 years after the death of the author.[2003 Article 31]
- For collective, audiovisual, or posthumous works, copyright expires 75 years after publication. If not published within 50 years of its creation, copyright expires 75 years after it was made accessible to the public. If not made accessible to the public within 50 years of its creation, copyright expires 100 years after creation.[2003 Article 31]
Not protected
See also: Commons:Unprotected works
The following works shall not have under any protection by this law: a- Constitution, Law, Royal Decree, Sub-Decree, and other Regulations; b- Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations; Court decision or other court warrants; d- translation of the materials mentioned in the preceding paragraphs; e- Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work.[2003 Article 10]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Cambodia}} - Works where the (last surviving) author has been dead for over 50 years. Collective, anonymous, pseudonymous or collective audio-visual works 75 years after creation or publication.[2003 Article 30–31]
- {{PD-CambodiaGov}} - ineligible for copyright because it is one of: "Constitution, Law, Royal Decree, Sub-Decree, ... other Regulation, ... Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations" and "Court decision or other court warrants" including translations thereof or "Idea, formality, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained or embodied in any work."[2003 Article 10]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK, only incidental ("not the main subject") inclusion is allowed. {{NoFoP-Cambodia}}
Cambodian copyright law does provide some form of freedom of panorama, but does not allow if the artistic works become the main subject of the subsequent reproduction (that is, further depictions). The "principle" on the English version is likely a typographical error, as "principle" is not used as an adjective in the English language. More likely, it should have been "principal".
- "If there is a clear indication of the author's name and the source of work, the following acts are not subjected to any prohibitions by the author: ... The reproduction of graphic or plastic work which is situated in the public place, when this reproduction doesn't constitute the principle [sic] subject for subsequent reproduction."[2003 Article 25]
Note: "Copyright protection expires 50 years after the death of the original author (who may be the architect, sculptor, or muralist) of a public artistic work of Cambodia.[2003 Article 30] On January 1st of the following year (ie. January 1 of the 51st Year), freely-licensed images of the author's sculptures, buildings, murals, or monuments are now free and can be uploaded to Wikimedia Commons. The lack of Freedom of Panorama is no longer relevant here for sovereign states with no formal FOP legal rights since the author's works are now copyright free."
Stamps
See also: Commons:Stamps
Not OK - Stamps are not among the government documents exempt from copyright.[2003 Article 10]
They may count as anonymous or collective works, in which case copyright expires 75 years after publication.
If the author is known, presumably they are protected for life + 50 years.[2003 Articles 31]
See also
Citations
- ↑ a b Cambodia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law on Copyright and Related Rights. Cambodia (2003). Retrieved on 2018-11-08.