Commons:Copyright rules by territory/Costa Rica
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Copyright rules: Costa Rica Shortcut: COM:COSTA RICA | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 70 years |
| Audiovisual | Publish + 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Costa Rica}} |
| ISO 3166-1 alpha-3 | CRI |
| Treaties | |
| Berne convention | 10 June 1978 |
| Univ. Copyright Convention | 16 September 1955 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *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 Costa Rica relevant to uploading works into Wikimedia Commons. Note that any work originating in Costa Rica must be in the public domain, or available under a free license, in both Costa Rica 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 Costa Rica, refer to the relevant laws for clarification.
Background
Costa Rica came under Spanish rule in the 16th century. It gained independence on 15 September 1821.
Costa Rica has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 10 June 1978, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]
As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 9957 of April 14, 2021) as the main copyright law enacted by the legislature of Costa Rica.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to Law Nº 6683 as amended up to 2010,
- Copyright lasts for the life of the author and 70 years after their death.[6683/2010 Article 58]
- When the duration of protection of a work is calculated on a basis other than the life of a natural person, this duration shall be:
- 70 years from the year of publication.[6683/2010 Article 58(a)]
- If publication does not occur within 70 years from creation, protection lasts 70 years from the year the work was first made available to the public.[6683/2010 Article 58(b)]
- If the work was neither published not made available to the public with 70 years from creation, it is protected for 70 years from creation.[6683/2010 Article 58(c)]*With collaborative works the term of 70 years is counted from the death of the last co-author.[6683/2010 Article 59]
- Dictionaries, encyclopedias and other collective works are protected for 70 years from publication.[6683/2010 Article 60]
- Anonymous and pseudonymous works are protected for 70 years from publication.[6683/2010 Article 62]
The terms of protection given above are counted from 31 December of the year of the event that started them.[6683/2010 Article 65]
Government works
See also: Commons:Government works
According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):
- Everyone is allowed to freely reproduce constitutions, laws, decrees, municipal agreements, regulations and other public acts, as long as they strictly conform to the official edition. Individuals can also publish the codes and legislative collections, with notes and comments, and each author will own their own work.[6683/2010 Article 75]
- The State, municipal councils and official corporations shall enjoy the protection of this law, but with regard to economic rights, they shall have them for only 25 years from publication of the work, except in the case of public entities, whose purpose is the exercise of these rights as an ordinary activity; in which case the protection will be 50 years.[6683/2010 Article 63]
Copyright tags
See also: Commons:Copyright tags
Currency
See also: Commons:Currency
Not OK for currency less than 25 years old.
Unsure for currency between 25 and 50 years old.
OK for currency more than 50 years old.
The Central Bank of Costa Rica (Banco Central de Costa Rica) is the "copyright holder of Costa Rica’s currency design -protected under Law No. 6683"[3] According to Costa Rica's intellectual property law (Law 6683, as amended by Law 8834 of 3 May 2010):
- The State, the municipal councils and the official corporations shall enjoy the protection of this Law, but, as far as economic rights are concerned, only for 25 years from the date of publication of the work, except in the case of public bodies whose purpose is the exercise of such rights as their normal activity, in which case protection shall be for 50 years.[6683/2010 Article 63]
All images of Costa Rican currency must use {{Currency}}, as the Central Bank of Costa Rica has placed several Non-copyright restrictions on use of images of Costa Rican currency.[3]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK: Non-commercial use of public art and architecture only. ({{NoFoP-Costa Rica}}) According to Law Nº 6683 as amended up to 2021:
- It is lawful to make photographic reproductions or other pictorial processes, when this reproduction is without commercial purpose, of statues, monuments and other works of art protected by copyright, acquired by the public authority, exhibited in the streets, gardens and museums.[6683/2021 Article 71]
This non-commercial restriction is identical to the 2010 version of the law; in any case, image files of copyrighted Costa Rican architecture and public art are not allowed on Wikimedia Commons and must be nominated for deletion; such content does not conform to Commons:Licensing which requires commercial uses.
Original Spanish text:
Es lícita la reproducción fotográfica o por otros procesos pictóricos, cuando esta reproducción sea sin fines comerciales, de las estatuas, monumentos y otras obras de arte protegidas por derechos de autor, adquiridos por el poder público, expuestos en las calles, los jardines y los museos.
Stamps
See also: Commons:Stamps
The basic copyright law of Costa Rica is: Ley Nº 6683 - Ley de Derechos de Autor y Derechos Conexos. There are no specific provision for copyrights of postage stamps, but all works are copyrighted until 70 years after the author's death. In the case of government agencies and other public entities the copyrights of official works expired after 25 years, and in special cases after 50 years (i.e. books), both since the original publication date.
See also
Citations
- ↑ a b Costa Rica Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 9957 of April 14, 2021). Costa Rica (2021). Retrieved on 2021-11-17.
- ↑ a b Lineamientos para uso de imágenes. Banco Central de Costa Rica. Retrieved on 2019-01-18.