Commons:Copyright rules by territory/Nauru
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Copyright rules: Nauru Shortcut: COM:NAURU | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Collective | Publish + 50 years |
| Government | Create + 100 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Nauru}} |
| ISO 3166-1 alpha-3 | NRU |
| Treaties | |
| Berne convention | 11 May 2020 |
| URAA restoration date* | 11 May 2020 |
| WIPO treaty | 11 August 2020 |
| *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 Nauru relevant to uploading works into Wikimedia Commons. Note that any work originating in Nauru must be in the public domain, or available under a free license, in both Nauru 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 Nauru, refer to the relevant laws for clarification.
Background
Nauru was claimed as a colony by Germany in the late 19th century. After World War I, Nauru became a League of Nations mandate administered by Australia, New Zealand and the United Kingdom. After World War II the country entered into United Nations trusteeship. Nauru gained its independence in 1968.
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, did not show Nauru as a member of the World Trade Organization.[1] However, Nauru became a member of the Berne Convention as of 11 May 2020.[2]
Nauru joined the WIPO Copyright Treaty as of 11 August 2020.[3]
As of 2022, WIPO listed the Copyright Act 2019 (Act No. 17 of 2019) as the main copyright-related IP law enacted by the legislature of Nauru.[1] WIPO holds the text of this law in their WIPO Lex database.[4] This apparently replaces the Copyright Act 1956 (United Kingdom),[5] which was in force in the island republic from 1968 in accordance with Section 4(1) of the Custom and Adopted Laws Act 1971 (Act No. 11 of 1971), in which common laws and statutes in force in England on 31 January 1968 were adopted as laws of Nauru.[Act1971 Sec.4(1)]
It is unclear if the Copyright Act 2019 is retroactive or not, since the law does not provide an explicit transitionary provision. Nevertheless both the Copyright Act 2019 and the now-replaced Copyright Act 1956 have identical provisions on posthumous copyright durations for most works, providing a post mortem auctoris of 50 years, with the exception of government works. Also, freedom of panorama was apparently removed.
General rules
Under the Copyright Act 2019,
- Copyright subsists in a work for 50 years from the end of the calendar year in which the author died.[2019 Sec.18(1)]
- Copyright subsists in a work of joint authorship for 50 years from the end of the calendar year in which the last-surviving author died.[2019 Sec.18(2)]
- Copyright in a collective work or a film subsists for 50 years from the end of the calendar year in which it is made, is first made available to public, or is first published.[2019 Sec.18(3)]
- Copyright in an applied art or a collective work of applied art subsists for 25 years from the end of the calendar year in which the work was first made.[2019 Sec.18(4)]
- Copyright subsists for 25 years in a typographical arrangement of a published edition of the whole or any part of a literary work, dramatic work or musical work including a collective work, from the end of the calendar year in which this edition is first published.[2019 Sec.18(5)]
- In case the work is anonymous, "(a) the publisher, whose name appears on the work, shall be presumed to represent the author and shall be entitled to exercise and enforce the moral and economic rights of the author; and (b) where the author reveals his or her identity, the presumption shall cease to apply."[2019 Sec.10(3)]
Not protected
- Any idea, procedure, system, method of operation, concept, principle, mere data, discovery or date expressed, described, explained, illustrated or otherwise embodied in the work.[2019 Sec.19(a)]
- Any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[2019 Sec.19(b)]
- News of the day or miscellaneous facts having the character of mere items of press information.[2019 Sec.19(c)]
- Political speeches and speeches delivered in the course of legal proceedings.[2019 Sec.19(d)]
- Judgments of a court of law or tribunal.[2019 Sec.19(e)]
Government works
See also: Commons:Government works
Under the Copyright Act 2019,
- Copyright in a typographical arrangement of a published edition subsists for 25 years from the end of the calendar year in which the work was made.[2019 Sec.15(3)(a)]
- Copyright in any other work subsists for 100 years from the end of the calendar year in which the work was made.[2019 Sec.15(3)(b)]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK: The 2019 Copyright Act repealed the Copyright Act 1956 of England. The repealed 1956 law provided freedom of panorama for works of architecture and artistic works in public spaces.[1956 Sec.9(3 and 4)]
None of the exceptions or limitations to copyright in the current law contain such freedom of panorama provision.[2019 Sec.27–40]
See also
Citations
- ↑ a b Nauru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Berne Notification No. 284 : Berne Convention for the Protection of Literary and Artistic Works : Accession by the Republic of Nauru[1], 11 February 2020
- ↑ WCT Notification No. 96 WIPO Copyright Treaty Accession by the Republic of Nauru[2], 11 May 2020
- ↑ Copyright Act 2019 (Act No. 17 of 2019)). Nauru (2019). Retrieved on 2022-10-02.
- ↑ Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.