Commons:Copyright rules by territory/Sri Lanka
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Copyright rules: Sri Lanka Shortcut: COM:SRI LANKA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Create/publish + 70 years |
| Collective | Create/publish + 70 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-old-auto}} {{PD-Sri Lanka}} |
| ISO 3166-1 alpha-3 | LKA |
| Treaties | |
| Berne convention | 4 February 1948 |
| Univ. Copyright Convention | 25 January 1984 |
| WTO member | 1 January 1995 |
| 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 Sri Lanka relevant to uploading works into Wikimedia Commons. Note that any work originating in Sri Lanka must be in the public domain, or available under a free license, in both Sri Lanka 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 Sri Lanka, refer to the relevant laws for clarification.
Background
Sri Lanka was occupied by the British in 1815. The country declared independence on 4 February 1948.
Sri Lanka has been a member of the Berne Convention since 4 February 1948. The declaration of continued application to the Berne convention after the accession of the State to independence was made on 20 July 1959, applicable as of the accession of the country to independence.[1] Sri Lanka joined the World Trade Organization as of 1 January 1995.[2]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Act (Act No. 36 of 2003) as the main IP law enacted by the legislature of Sri Lanka.[2] WIPO holds the text of this law in their WIPO Lex database.[3] The 2003 Act repealed the Code of Intellectual Property Act, No. 52 of 1979.[36/2003 Section 208(1)]
Applicability
Copyright covers original literary and artistic works: writings such as books, computer programs, articles, oral works such as speeches and lectures, dramas, musical works, films, works of architecture, drawings, paintings and photographs.[36/2003 Section 6] Collections and derivative works such as databases and translations are also protected.[36/2003 Section 7]
General rules
Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,
- Economic and moral rights are protected during the life of the author and for 70 years from the date of his death.[36/2003 Section 13(1)]
- With a work of joint authorship, the rights are protected during the life of the last surviving author and for 70 years from the date of the death of the last surviving author.[36/2003 Section 13(2)]
- For a collective work, other than a work of applied art, and for an audiovisual work, the rights are protected for 70 years from the date on which the work was first published, or failing publication within 70 years from the making of the work.[36/2003 Section 13(3)]
- With a work published anonymously or under a pseudonym, the rights are protected for 70 years from the date on which the work was first published, provided the author does not become known during that period.[36/2003 Section 13(4)]
- With a work of applied art, the rights are protected for 25 years from the date of the making of the work.[36/2003 Section 13(5)]
- Every period provided for above runs to the end of the calendar year in which it would otherwise expire.[36/2003 Section 13(6)]
Not protected
See also: Commons:Unprotected works
Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,
- Notwithstanding the provisions of sections 6 and 7, no protection shall be extended under this Part (a) to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work; (b) to any official text of a legislative, administrative or legal nature, as well as any official translation thereof; (c) to news of the day published, broadcast, or publicly communicated by any other means.[36/2003 Section 8]
Expression of folklore: not free
See also: Commons:Paying public domain Under Sri Lanka's Intellectual Property Act, No. 36 of 2003,
- Subject to the provision of subsection (4) of this section expressions of folklore shall be protected against (a) reproduction; (b) communication to the public by performance, broadcasting, distribution by cable or other means; (c) adaptation, translation and other transformation, when such expressions are made either for commercial purposes or outside their traditional or customary context.[36/2003 Section 24(1)]
- The right to authorize acts referred to in subsection (1) of this section shall subject to the payment of a prescribed fee, vest in a Competent authority to be determined by the Minister.[36/2003 Section 24(4)]
- The money collected under subsection (4) shall be used for purposes of cultural development.[36/2003 Section 24(5)]
Currency
See also: Commons:Currency
Not OK The government works that are excepted from copyright are only "any official text of a legislative, administrative or legal nature, as well as any official translation thereof" (Intellectual Property Act, No. 36 of 2003, at Section 8B), so it is assumed that banknotes and coins are protected and not appropriate for Commons.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK The prevailing Intellectual Property Act, No. 36 of 2003 does not provide any freedom of panorama clause. The exceptions at Section 11 only deal with U.S.-style "fair use" like criticism, comment, news reporting, teaching, scholarship, and research.[36/2003 Section 11]
The now-repealed Code of Intellectual Property Act, No. 52 of 1979 had a limited freedom of panorama for films and television broadcasts only, as long as the source and name of the author of the works of art and architecture "permanently located in a place where they can be viewed by the public" were mentioned in the films or television broadcasts.[52/1979 Section 13(d)]
Sri Lankan copyright law was revised 2001–2003, dropping any direct reference to anything resembling "freedom of panorama". Still the legal right of the repealed law would not be compatible to Wikimedia Commons as it was for films and television broadcasts only, excluding photographs.
Stamps
See also: Commons:Stamps
. The Intellectual Property Act No 36 of 2003 is silent on stamps, so assume copyrighted until general term of protection expires. It seems that stamps would be public domain if published before 1 January 1954, use {{PD-Sri Lanka}}.
See also
Citations
- ↑ Contracting Parties > Berne Convention > Sri Lanka. WIPO. Retrieved on 2020-03-31.
- ↑ a b Sri Lanka Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Intellectual Property Act (Act No. 36 of 2003). Sri Lanka (2003). Retrieved on 2018-11-08.