Commons:Copyright rules by territory/Chad
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Copyright rules: Chad Shortcut: COM:CHAD | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Collective | Publish + 50 years |
| Posthumous | Create/publish + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | If the work is incidental |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Chad}} |
| ISO 3166-1 alpha-3 | TCD |
| Treaties | |
| Berne convention | 25 November 1971 |
| Bangui Agreement | 5 November 1988 |
| WTO member | 19 October 1996 |
| 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 Chad relevant to uploading works into Wikimedia Commons. Note that any work originating in Chad must be in the public domain, or available under a free license, in both Chad 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 Chad, refer to the relevant laws for clarification.
Background
France occupied the territory east of Lake Chad by 1920 and incorporated it into French Equatorial Africa. Chad obtained independence in 1960.
Chad has been a member of the Berne Convention since 25 November 1971, the Bangui Agreement since 5 November 1988 and the World Trade Organization since 19 October 1996.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 005/PR/2003 of May 2nd, 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore as the main copyright law enacted by the legislature of Chad.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under Law No. 005/PR/2003 of May 2nd, 2003:
- The author shall, during his lifetime, enjoy the exclusive right to exploit his work. On the author's death, this right shall subsist during the current calendar year and for 70 years thereafter.[005/PR/2003 Article 39]
- With works of joint authorship, with the exception of audiovisual and radio works of joint authorship, the calendar year taken into account shall be that of the death of the last surviving joint author.[005/PR/2003 Article 40]
- The term of protection of audiovisual and radio works of joint authorship shall expire 50 years after the work has been lawfully made accessible to the public or, where no such event occurs during the seventy (70) years following the making of the work, fifty (50) years after its making.[005/PR/2003 Article 40]
- In the case of collective works, the duration of the exclusive right is 50 years from January 1 of the calendar year following that in which the work was published.[005/PR/2003 Article 41]
- With anonymous or pseudonymous works, the duration of the exclusive right is 50 years from January 1 of the calendar year following that in which the work was published.[005/PR/2003 Article 42]
- With posthumous works, the duration of the exclusive right is 50 years from the date of publication of the work.[005/PR/2003 Article 43]
- With works of applied art, the rights lapse on expiry of a period of 25 years after the creation of such work.[005/PR/2003 Article 45]
Copyright protection does not apply to official texts of a legislative, administrative or legal nature, or any translation thereof.[005/PR/2003 Article 9]
Public domain and folklore: not free
See also: Commons:Paying public domain
The integrity or authorship of works may not be infringed even where they are not protected by the law. The exploitation of such works shall be subject to the collection of royalties by the Chadian Copyright Office provided for in Article 119 of the present Law, which shall use them for welfare and cultural purposes for the benefit of Chadian authors and performers.[005/PR/2003 Article 3]
"Expressions of folklore" are productions consisting of characteristic elements of the traditional artistic heritage developed and perpetuated by a community of the Republic of Chad or by individuals who are unknown but are recognized as meeting the artistic aspirations of such community and including folk tales, folk poetry, folk songs and instrumental music, folk dancing and entertainments and also the artistic expressions of rites and productions of folk art.[005/PR/2003 Article 1(16)] Expressions of folklore shall belong by their origin to the national heritage.[005/PR/2003 Article 82]
The following uses of "expressions of folklore" shall be subject to the authorization of the Chadian Copyright Office, where they are carried out both for profit making purposes and outside their traditional or customary context: any publication, reproduction and distribution of copies of "expressions of folklore"; any recitation or public performance, any transmission by wire or by wireless means, and any other form of communication to the public of "expressions of folklore".[005/PR/2003 Article 85] The authorization of the Chadian Copyright Office shall be granted against payment of a royalty. The proceeds of such royalty shall be managed by the Chadian Copyright Office and used for cultural or welfare purposes for the benefit of the communities of origin, authors and performers in Chad.[005/PR/2003 Article 86]
Currency
See also: Commons:Currency
OK. Bank of Central African States, which issues Central African CFA franc used in Chad, is based in Cameroon. Article 3c of the main IP law of Cameroon, the 2000 Copyright law, explicitly excludes banknotes and coins from copyright protection.
Please use {{PD-CA-CFA-franc}} for Central African CFA franc images.
See also: COM:CUR Cameroon
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK if the work is the main subject and if the reproduction of it is used for commercial purposes. OK if the work is incidental (Commons:De minimis).
As an exception to copyright, it shall be permitted to reproduce, broadcast or communicate by cable to the public 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 where the image of the work is the main subject of such reproduction or communication and where it is used for profit making purposes.[005/PR/2003 Article 37]