Commons:Copyright rules by territory/Federated States of Micronesia
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Copyright rules: Micronesia Shortcut: COM:MICRONESIA | |
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_(small_islands_magnified).svg) | |
| Durations | |
|---|---|
| Standard |
Life + 50 years or Publish without a copyright notice |
| Anonymous |
Shorter of create + 100 years or publish + 75 years |
| Other | |
| Common licence tags | {{PD-Micronesia}} |
| ISO 3166-1 alpha-3 | FSM |
| Treaties | |
| Berne convention | 7 October 2003 |
| URAA restoration date* | 7 October 2003 |
| *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 the Federated States of Micronesia relevant to uploading works into Wikimedia Commons. Note that any work originating in Micronesia must be in the public domain, or available under a free license, in both Micronesia 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 Micronesia, refer to the relevant laws for clarification.
Background
During the colonial era the islands of today's Federated States of Micronesia were controlled in turn by Spain, Germany and Japan. After World War II they were assigned in 1947 to the United States as part of the Trust Territory of the Pacific Islands. On 10 May 1979 four of the Trust Territory districts became the Federated States of Micronesia (FSM). Palau, the Marshall Islands and the Northern Mariana Islands chose not to participate. Micronesia formally became independent under international law in 1990.
Micronesia has been a member of the Berne Convention since 7 October 2003.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 FSMC (Code of the Federated States of Micronesia), Title 35. Copyright, Patents & Trademarks, Chapter I: Copyrights as the main IP law enacted by the legislature of Micronesia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to the 2003 law, a work first published in the Micronesia is now in the public domain if it meets one of the following criteria:
- It is an anonymous or pseudonymous work or a work made for hire and 75 years have passed since the year of its publication, or 100 years have passed since the year of its creation, whichever expires first.
- It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
- It is "any work of the Federated States of Micronesia Government"
Copyright formalities
Section 115 of the 2003 law declares that copyrighted works must have a copyright notice on its publication. It is mostly copied from § 401 of the Copyright Act of 1976, with a few minor omissions. Unlike the Copyright Act of 1976, the Micronesian law does not state that ommision of a copyright notice does not invalidate copyright protection in circumstances (such as registration of the work within 5 years in publication).
Given the fact that Micronesian copyright law is mostly based on the original Copyright Act of 1976, and the absence of proof to the contrary that works published without a copyright notice are in the public domain other than the exceptions in §405 in the law, works published in Micronesia without a copyright notice are in the public domain.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK for art published with a copyright notice, 
OK for art published without a copyright notice.
Although the listed exceptions in the 2003 law (from § 107. to § 109) do not include a provision resembling freedom of panorama, a copyright notice is required according to § 115 of the law, which is mostly copied from § 401 of the Copyright Act of 1976. Like the Copyright Act of 1976, the requirement of the date of publication is exempt for pictorial, graphic, and sculptural works.
OK for buildings. Sec. 102 lists "pictorial, graphic, and sculptural works" as objects of copyright, but not architecture. It is defined in Sec. 101 as including "two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models."