This page documents an English Wikipedia content guideline. Editors should generally follow it, though exceptions may apply. Substantive edits to this page should reflect consensus. When in doubt, discuss first on the talk page. |
This page in a nutshell: Copyright status of a work in its home country is often important in evaluating its copyright status in the United States. Nevertheless, a work that is in the public domain in its home country can sometimes be under copyright in the United States and so can not be used on Wikipedia. The English Wikipedia allows works to be hosted here which are public domain in the United States, but not their source country. |
The Wikimedia Foundation that supports Wikipedia is located in California and the servers that host Wikipedia are located in Virginia, so Wikipedia is bound to comply with United States copyright law. However, it is an international project, and many of our users and contributors are outside the United States. The project's aim is to produce and maintain a free encyclopedia, which can be used in any way that doesn't reduce that freedom. Most of Wikipedia's material is original, licensed by contributors under the Creative Commons Attribution-Sharealike (CC BY-SA) and GNU Free Documentation (GFDL) licenses; some of Wikipedia's material, especially images, comes from third-party sources, and some of those third-party sources are outside the United States.
While Wikipedia prefers content that is free anywhere in the world, it accepts content that is free in the United States even if it may be under copyright in some other countries. For example works of the US federal government are in the public domain in the United States and widely used on Wikipedia, but they may not be in the public domain outside the United States. For example, we accept content that is public domain in the US because it was published before 1929 with Template:PD-US-expired-abroad even if it is not public domain anywhere else in the world.
It is not always simple to determine the copyright status of a work first published outside of the United States. To determine the copyright status of a work in its country of origin (and there are at least 192 different national copyright régimes) it is typically necessary to know the date of death of the author, while to determine the copyright status in the United States it is typically necessary to know its publication history and its copyright status in the country of origin, not on the date of uploading but on January 1, 1996.
What follows is by necessity a summary, our interpretation of US copyright law as it affects "works" (images, texts, sound recordings, etc.) that were produced outside of the United States. Wikipedia does not offer legal advice on US copyright law, let alone copyright laws in the other 190 sovereign states in the world. It is the responsibility of contributors to determine that content they wish to contribute is free of copyright constraints in the United States and to supply as much copyright information as possible so that users can judge for themselves whether they can reuse our material outside the United States. It is the responsibility of reusers to ensure that their use of Wikipedia material is legal in the country in which they use it.
This page does not apply to works first published in the United States.
A work can be in the public domain in the United States but still under copyright protection in its "source country": this is the case, for example, for Einstein's paper describing the theory of special relativity, first published in Germany in 1905. Any work published before 1929 is in the public domain in the United States, regardless of its source country, but German copyright protection lasts for seventy years after the death of the author (post mortem auctoris or "pma"), until December 31, 2025 in this case.[1]
A work can equally be in the public domain in its source country but still under copyright in the United States: any non-posthumous work published after 1928 by a British or German author who died between January 1, 1926 and December 31, 1953 falls into this category. The copyright term of 70 years after the author's death (which applies to all European Union countries) has expired, but its US copyright was restored on January 1, 1996 by Act of Congress and will run until at least December 31, 2024 (95 years after publication, rounded up to the end of the year).[needs update]
Works first published outside the United States may be protected under US copyright either through restoration of the copyright or through a copyright that subsists from the time of publication. The case of restored copyrights will be examined first, as it also determines the copyright status of most contemporary works.
A large number of non-US works were given copyright protection in the United States by the Uruguay Round Agreements Act of 1994 (URAA)[2] as a result of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).[3][4] These copyrights are known as "restored copyrights", even though some of the works had never previously been protected in the United States. The countries concerned by this measure are (in practice) either:
Restored copyrights are governed solely by US copyright law: the United States does not require reciprocality over and above what is required by the relevant treaties. Restoration is automatic and does not usually require registration.[6]
The answers to questions on this page help determine the copyright status. Answering these questions in order will lead to a conclusion in bold.
The source country of a work is the country in which it was first published. If the work was published on the same day in more than one country, it is the "country which has the most significant contacts with the work".[9] If the work is unpublished the source country is "the eligible country in which the author or rightholder is a national or domiciliary".[1]
The date of restoration is January 1, 1996 if the source country was a member of the WTO or a party to the Berne Convention on that date. Otherwise, it is the earliest date on which a country becomes eligible for the restoration of copyrights.[10]
If the work was in the public domain in the source country "through expiration of term of protection" on the URAA date (January 1, 1996 in most cases) the US copyright is not restored.[11]
Any copyrights that were "ever owned or administered by the Alien Property Custodian" were not restored if the restored copyright would be held by "a government or an instrumentality thereof".[12] Hence the US copyright in Mein Kampf was not restored, as it would have been held by the government of Bavaria. However there are several important limitations to this exception.
A number of German cases indicate that the copyright in images or graphic works remains with the author, even if the works were produced for official use.[13] All of these German copyrights were extended in period to 70 years pma before the date of restoration,[14] and so the US copyrights have been restored.[15]
The presidential proclamation instituting copyright relations between the United States and Japan, effective May 10, 1906, is considered to have been abrogated.[16] However, the two countries maintained copyright relations throughout the war and aftermath, so government-owned works that were administered by the Alien Property Custodian should not have been restored. The abrogation occurred on April 28, 1952 per the Treaty of Peace with Japan, but same peace treaty included a four-year interim copyright agreement where the US and Japan gave each other's works national treatment, and that also applied retroactively. Japan timed their ratification of the Universal Copyright Convention so it would enter into effect on the date that the interim agreement expired, April 28, 1956, meaning there was no lapse in copyright relations between the two countries. Works that were at the time protected under the previous law were thereafter protected under the terms of the UCC, not the terms of the earlier treaties.[2]
The duration of the restored copyright is "the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain":[17] 95 years from the date of publication for works published between 1929 and 1977, and 70 years from the death of the author for works published in 1978 or later.[18]
These works are automatically granted US copyright protection for the lifetime of the author plus seventy years.
For countries that are not yet eligible for copyright restoration, the main criterion used by Wikipedia is the copyright status in the source country. These countries fall into three groups:
In a small number of cases, the application of the test for restored copyright will indicate that the work is in the public domain in the United States when in fact there is a subsisting US copyright that dates from the time of its publication. This situation can arise when
Example: The photographs of a Canadian photographer who died in 1943 entered the public domain in Canada fifty years after their publication. As they were in the public domain through expiration of their copyright term on January 1, 1996, their copyrights were not restored by the Uruguay Round Agreements Act of 1994. However, the photographs could have been registered for US copyright under a Presidential Declaration effective January 1, 1924 if they were first published on or after this date: if their US copyrights had been renewed at the appropriate time, they will still be under US copyright until 95 years after their first publication (January 1, 2025 at the earliest). This is believed to be the case for some photographs by Yousuf Karsh (died 2002).[citation needed]
The relevant US law is Section 9(b) of the Copyright Act of 1909,[19] which authorizes the US President to grant by proclamation the right for non-US citizens to have US copyright for their works under the same conditions as US citizens. The section explicitly provides for "works first produced or published abroad". It also implicitly provides for a retroactive effect of the presidential proclamation, though there is no indication from the US Copyright Office[20] that any of the proclamations actually had any such retroactive effect that is relevant to Wikipedia.
Check for restored copyrights before applying this test.
Australia, Austria, Belgium, Bolivia*, Brazil*, Canada, Chile, China (PRC), Costa Rica, Cuba, Denmark, the Dominican Republic*, Ecuador*, El Salvador, France, Germany, Guatemala*, Haiti*, Honduras*, Hungary, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nicaragua*, Norway, Panama*, Paraguay*, Peru*, Portugal, South Africa, Spain, Sweden, Switzerland, Taiwan (ROC), Thailand, the United Kingdom and Uruguay*.
Countries marked with an asterisk (*) had copyright relations as parties to the Buenos Aires Convention. El Salvador had copyright relations as a party to the Mexico City Convention. For Japan, see "Wartime copyrights", for China and Taiwan, see "Chinese copyrights" below. Mexico and Guatemala had copyright relations with the United States on January 1, 1929 but these are not relevant here as their minimum copyright terms are 100 and 75 years respectively and so all copyrights were restored for the appropriate US term on January 1, 1996 by the URAA. Despite the name, Argentina did not join the Buenos Aires Convention until April 19, 1950.
See also: Bilateral copyright agreements of the United States |
Both the People's Republic of China (PRC) and Taiwan (the Republic of China, ROC) are eligible for the restoration of copyrights. The dates of restoration are January 1, 1996 and January 2002, respectively. Previously, the United States had copyright relations with China, which dated from a bilateral treaty effective from January 13, 1904. The PRC does not consider this treaty to be binding, but the ROC considers it still to be in force. Neither Chinese government signed the treaty with the United States; both are considered successors of the government of the Qing Dynasty, which signed the treaty. Older works, which were ineligible for restoration because their Chinese copyright had expired before the date of restoration, may be covered by a copyright in the United States granted at the time of publication under the provisions of this treaty.
All unpublished works are protected by US copyright, regardless of the source country, for seventy years after the death of the author.[22]
According to Circular 38a of the US Copyright Office, as of January 2021, Eritrea, Ethiopia, Iran and Iraq have no copyright relations with the US.[3]
However, it is longstanding Wikipedia policy to respect the copyright law of other nations, even if these do not have official copyright relations with the United States. What this means in practice is determined case by case, bearing in mind the goal of being able to freely distribute Wikipedia in the country an incorporated work originates from.[4]
Abbreviations used: pma= after death of the author; pd= after publication; pr= after creation.
Country | Date of restoration | Term of protection [Term on URAA date] |
Reference |
---|---|---|---|
Afghanistan | July 29, 2016 | 50 pma innovative photos 50 pd paintings 50 pd audiovisual 50 pd |
Art 16, Law Supporting the Rights of Authors, Composers, Artists and Researchers, 2008 |
Albania | January 1, 1996 | 70 pma | Art. 21, Law No. 9380 of April 28, 2005 on Copyright & Related Rights |
Algeria | April 19, 1998 | 50 pma; photographs 50 pr 25 pma (death before 1972) 10 pd (photos before 1987) 25 pd (films before 1972) [photos published 1987 or later 50 pd](y) |
Arts. 54 & 59, Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright and Related Rights Arts. 55-61, Ordonnance n° 10 du 27 Chaual 1417 correspondant au 6 mars 1997 Arts 60, 64, 65, Ordonnance n° 73-14 du 3 avril 1973 relative au droit d'auteur |
Andorra | June 2, 2004 | 70 pma | Art. 18, Law on Copright and Related Rights of 1999 |
Angola | November 23, 1996 | 50 pma | |
Antigua and Barbuda | January 1, 1996 | 50 pma; computer 50 pr |
s. 10, Copyright Act, 2002 |
Argentina | January 1, 1996 | 25 pd (photos) 50 pma (movies) 50 pd (anonymous works belonging to an institution) 70 pma (everything else) [50 pma](x) |
Art. 5, Ley 11.723 del 28 de septiembre de 1933, as modified by Ley 24.870 del 11 de septiembre de 1997 |
Armenia | October 19, 2000 | 70 pma [50 pma] |
Art. 37, Law on Copyright and Related Rights of June 15, 2006 |
Australia | January 1, 1996* | 70 pma; 50 pma (death before 1955) photographs 50 pr (creation before 1955) |
s. 33, Copyright Act 1968 |
Austria | January 1, 1996* | 70 pma [70pma 20 pd (photographs published prior to 1932) 20 pr (unpublished photographs created prior to 1932)](g) |
§ 60-61, Federal Law amending the Copyright Act and the Copyright Amendment Act 1980 (Copyright Amendment Act 1996), Federal Law on Copyrights on Literary and Artistic Works and Related Rights (Copyright Act) (as last amended by Federal Law Gazette (BGBl) I No. 58/2010); [§ 1(2), Federal Law amending the Copyright Act (Copyright Amendment Act 1972)] |
Azerbaijan | June 4, 1999 | 50 pma | Art. 25, Law on Copyright and Related Rights of 5 June 1996 |
Bahamas | January 1, 1996 | Berne | |
Bahrain | January 1, 1996 | 70 pma [50 pma] |
Art. 37, Law No. 22 of 2006 on the Protection of Copyright and Neighboring Rights |
Bangladesh | January 1, 1996 | 60 pma Photos, cinema 60 pd [50 pma] |
Copyright law of 2000, Sec. 18-23 |
Barbados | January 1, 1996 | 50 pma | s. 10, Copyright Act, 1998 (Cap. 300) (as revised up to 2006) |
Belarus | December 12, 1997 | 50 pma | Art. 20, Law of the Republic of Belarus No. 262-Z of May 17, 2011, on Copyright and Related Rights |
Belgium | January 1, 1996*(a) | 70 pma | Art. 2, Loi relative au droit d’auteur et aux droits voisins du 30 juin 1994 |
Belize | January 1, 1996 | 50 pma | s. 10, Copyright Act Ch. 252 (2000) |
Benin | January 1, 1996 | 50 pma | |
Bhutan | November 25, 2004 | 50 pma | s. 18, Copyright Act of the Kingdom of Bhutan, 2001 |
Bolivia | January 1, 1996* | 50 pma | Art. 18, Ley No 1322 de 13 de abril de 1992 |
Bosnia and Herzegovina | January 1, 1996 | 70 pma | Art. 84, Law on Copyright and Related Rights (7/02) |
Botswana | January 1, 1996 | 50pma Berne, TRIPS, WCT |
Sec. 10, Copyright and Neighboring Rights Act, 2000 (Chapter 68:02, as amended by Act No. 6 of 2006) [Cap 68:01, apparently a reproduction of the UK Copyright Act of 1956(v)[23]] |
Brazil | January 1, 1996* | 70 pma [60 pma; artistic photos 60 pr] |
Art. 41, Law no 9610 of 19 February 1998 [Art. 42, 44, 45, 102 of Law no 5988 of 14 December 1973] |
Brunei | January 1, 1996 | 50 pma | s. 14, Emergency (Copyright) Order 1999 |
Bulgaria | January 1, 1996 | 70 pma [50 pma] |
Art. 27, Law on Copyright and Neighbouring Rights of 1993, as amended up to December 13, 2019 [Art. 27, Law on Copyright and Neighbouring Rights of 16 June 1993] |
Burkina Faso | January 1, 1996 | 70 pma | Art. 34, Law No. 032-99/AN of December 22, 1999, on the Protection of Literary and Artistic Property |
Burundi | January 1, 1996 | 50 pma | |
Cambodia | October 13, 2004 | 50 pma | Art. 30, Law on Copyright and Related Rights of 2003 |
Cameroon | January 1, 1996 | 50 pma | Art. 37, Law No. 2000/011 of December 19, 2000, on Copyright and Neighbouring Rights |
Canada | January 1, 1996*(b) | 70 pma 50 pma (death before 1972) |
Copyright Act, R.S.C. 1985, c. C-42, s. 6 |
[50 pma; photographs 50 pr] | An Act to amend the Copyright Act, S.C. 1997, c. 24, s. 7, 54.1 | ||
Cape Verde | July 7, 1997 | 50 pma | Art. 19, Lei no. 101/III/90 de 29 de dezembro de 1990 |
Central African Republic | January 1, 1996 | Berne, TRIPS | |
Chad | January 1, 1996 | Berne, TRIPS | |
Chile | January 1, 1996* | 70 pma [50 pma] |
Art. 10, Ley No 17336 de propriedad intelectual |
China (People's Republic) | January 1, 1996*(c) | 50 pma photographs 50 pr |
Art. 21, Copyright Law of the People's Republic of China |
Colombia | January 1, 1996* | 80 pma 70 pd if the copyright holder is a legal entity [literary/scientific works 30 pd] audiovisual works 80 pr [30 pr] |
Art. 21, 26, Law No. 23 of January 28, 1982, on Copyright (as amended up to Law No. 1835 of June 9, 2017) Art. 4, Law No. 1915 of July 12, 2018, on Amendments to Law No. 23 of 1982 and Establishing Other Provisions on Copyright and Related Rights |
Comoros | April 17, 2005 | Berne | |
Congo (Democratic Republic) | January 1, 1996 | Berne, TRIPS | |
Congo (Republic) | January 1, 1996 | Berne, TRIPS | |
Costa Rica | January 1, 1996* | 70 pma | Art. 58, Law No. 6683 of October 14, 1982, on Copyright and Related Rights (as amended up to Law No. 8834 of May 3, 2010) |
Croatia | January 1, 1996 | 70 pma | Art. 99, Copyright and Related Rights Act 197/2003 |
Cuba | January 1, 1996* | 50 pma | |
Cyprus | January 1, 1996 | 50 pma (EU, WCT) |
s. 4, Copyright Law 1976 Archived 2005-05-25 at the Wayback Machine |
Czech Republic | January 1, 1996 | 70 pma [50 pma; films 50 pd; photos 10 pma] |
Art. 27, Law No. 121/2000 Coll. [Sec 33, Act No. 35 of March 25, 1965, as amended through the Act of September 27, 1995, No. 237] |
Denmark | January 1, 1996* | 70 pma | s. 63, Act on Copyright 1995 |
Djibouti | January 1, 1996 | 50 pma; films 50 pd; photos 25 pr [25 pma; films 25 pd; photos 25 pr] |
Ch. 3, Loi n°154/AN/06/5ème L relative à la protection du droit d'auteur et du droit voisin
[Art. 59, Loi n°114/AN/96/3e L relatif à la protection du droit d'auteur (also here)] |
Dominica | January 1, 1996 | 70 pma | s. 11, Copyright Act 2003 Archived 2007-10-21 at the Wayback Machine |
Dominican Republic | January 1, 1996* | 50 pma | Art. 21, Ley sobre Derecho de Autor del 24 de julio de 2000 |
Ecuador | January 1, 1996* | 70 pma | Art. 80, Ley No 83 de Propiedad Intelectual (1998) Archived 2007-12-25 at the Wayback Machine |
Egypt | January 1, 1996 | 50 pma | Art. 150, Law on the Protection of Intellectual Property Rights |
El Salvador | January 1, 1996* | 50 pma | Art. 86, Decreto Legislativo No. 604 del 15 de julio de 1993 Archived 2005-11-27 at the Wayback Machine |
Equatorial Guinea | June 26, 1997 | Berne | |
Eritrea | none | unknown | |
Estonia | January 1, 1996 | 70 pma [50 pma] |
§ 38, Copyright Act (in force) [§ 38, autoriõiguse seadus (passed 11.11.1992)] |
Eswatini | January 1, 1996 | 50 pma | Copyright Act No. 36 of 1912 |
Ethiopia | none† | unknown | |
Fiji | January 1, 1996 | 50 pma | Copyright Act 1999 |
Finland | January 1, 1996 | 70 pma | s. 43, Law No. 404/1961, as amended by Law No. 1654/1995 (fi, en) |
France | January 1, 1996*(a) | 70 pma [50 pma; music 70 pma; +wartime extensions(z)] |
Art. L123-1 to L123-12 , LégiFrance : Code de la propriété intellectuelle : Chapitre III : Durée de la protection |
Gabon | January 1, 1996 | Berne, TRIPS, WCT | |
Gambia | January 1, 1996 | 50 pma | Copyright Act 2004 [Copyright Act 1956](v) |
Georgia | January 1, 1996 | 70 pma | Art. 31, Law on Copyright and Neighbouring Rights of 22 June 1999 |
Germany(d) | January 1, 1996* | 70 pma | § 64, Urheberrechtsgesetz, as amended by the Law of 23 June 1995 |
Ghana | January 1, 1996 | 70 pma | Art. 12, Copyright Act, 2005 |
Greece | January 1, 1996 | 70 pma [50 pma, death before 1943] |
Art. 29, Law 2121/1993, as amended through 2007, espec. Law 2557/1997, art. 8
[Art. 29, Law 2121/1993; and Law 2387/1920, as amended] |
Grenada | February 22, 1996 | Berne, TRIPS | Copyright Act, dated 3 February 1989 |
Guatemala | January 1, 1996 | 75 pma | Art. 43, Decreto No. 33-98 Archived 2008-02-13 at the Wayback Machine, as modified by Art. 13, Decreto No. 56-2000 |
Guinea | January 1, 1996 | TRIPS, WCT | |
Guinea-Bissau | January 1, 1996 | Berne, TRIPS | |
Guyana | January 1, 1996 | 50 pma | Copyright Act 1956, extended by Copyright (British Guyana) Order No. 79 of 1966(v) |
Haiti | January 11, 1996* | Berne, TRIPS | Decree of January 9, 1968, relating to Copyright in Literary, Scientific and Artistic Works |
Honduras | January 1, 1996 | 75 pma | |
Hong Kong(e) | January 1, 1996 | 50 pma photographs 50 pr |
s. 17, Copyright Ordinance (Cap. 528) |
Hungary | January 1, 1996* | 70 pma [50 pma, death before 1944](u) |
Art. 31, Act No. LXXVI of 1999 Archived 2007-12-22 at the Wayback Machine [Art. 15, Act No. III of 1969 as last amended by Act No. LXXII of 1994] |
Iceland | January 1, 1996 | 70 pma [50 pma] | Art. 43, Act No. 73/1972, as amended by Art. 4, Act No. 145/1996 Archived 2004-11-10 at the Wayback Machine |
India | January 1, 1996 | 60 pma photographs 60 pd 50 pma (death before 1941) 50 pd (photos before 1941) 50 pr (photos before 1908)(t) |
s. 22, Copyright Act, 1957 s. 25, Copyright Act, 1957 |
Indonesia | January 1, 1996 | 70 pma; film 50 pd; photos 50 pd [50 pma; film 50 pd; photos 25 pd] |
Arts. 58 & 59, Law No. 28 of 2014 [Art. 27, Law No. 6 of April 12, 1982, as amended by Law No. 7 of September 19, 1987] |
Iran | none† | 30 pma (death before 22 August 1980); 50 pma; photographs and films 30 pd |
Arts. 12 & 16, Copyright Law of 12 January 1970 |
Iraq | none† | 50 pma | s. 2(11), Coalition Provisional Authority Order No. 2004/83 |
Ireland | January 1, 1996 | 70 pma | s. 24, Copyright and Related Rights Act, 2000 |
Israel | January 1, 1996 | 70 pma sound recordings 50 pr [50 pma photos 50 pr] |
Copyright Statute from 2007 (effective for all works May 25, 2008 and later) [Art. 3, Copyright Act 1911] |
Italy | January 1, 1996* | 70 pma simple photos 20 pr [50 pma films 50 pd photos 50 pr simple photos 20 pr + wartime extensions] |
Arts. 25 and 92, Law No. 633 of 22 April 1941, amended through 2001 (updated thru 2003) [Arts 25, 32, 32bis, 92, Law No. 633 of April 22, 1941, amended up to Legislative Decree No. 95 of February 2, 2001 Decreto legislativo luogotenenziale n. 440, July 20, 1945 (extended term by six years for works published before August 16, 1945 and still under copyright on that date)] |
Ivory Coast | January 1, 1996 | 70 pma 70 pd (anonymous/pseudonymous, posthumous) 70 pd (photo, audiovisual, applied art) [99 pma 99 pd (anonymous/pseudonymous, posthumous) 99 pd (photo, audiovisual, applied art)] |
Art. 47 Law No. 2016-555 of July 26, 2016, on Copyright and Related Rights [Art. 45, Loi no. 96-564 du 25 juillet 1996] |
Jamaica | January 1, 1996 | 50 pma | s. 10, Copyright Act 1993 Archived 2007-10-14 at the Wayback Machine |
Japan | January 1, 1996*(f) | 70 pma 50 pma (death before 1968)(f) |
Art. 51, Law No. 48 of 6 May 1970 |
Jordan | July 28, 1999 | 50 pma | Art. 30, Law No. 22 of 1992 Archived 2007-10-30 at archive.today, as amended |
Kazakhstan | April 12, 1999 | 50 pma | Art. 28, Law on Copyright and Neighbouring Rights of 1996 |
Kenya | January 1, 1996 | 50 pma; photographs 50 pd |
s. 23(2), Copyright Act, 2001 [Art. 4 and 6, Derecho de autor (Cap. 130), 1991 consolidation[dead link]] |
Kiribati | January 2, 2018[5] | 50 pma(v) | Copyright Act 1956 Copyright Ordinance, Cap 16 |
Korea, North | April 28, 2003 | Berne | |
Korea, South | January 1, 1996 | 50 pma 30 pma (death before 1957)(s) |
Art. 36, Copyright Act of 30 December 1989 Archived 14 June 2006 at the Wayback Machine |
Kuwait | January 1, 1996 | TRIPS | Decree Law No. 64 of 1999 concerning Intellectual Property Rights |
Kyrgyzstan | December 20, 1998 | 50 pma | Art. 27, Law on Copyright and Related Rights of 16 December 1997[dead link] |
Laos | March 14, 2012 | unknown | |
Latvia | January 1, 1996 | 70 pma [50 pma] |
Art. 36, Copyright Law of 6 April 2000 Archived 10 April 2008 at the Wayback Machine Art. 28, Law on Copyright and Neighbouring Rights of 11 May 1993 |
Lebanon | January 1, 1996 | 50 pma 50 pd (photos published before 1949)(A) |
Art. 49, Loi sur la protection de la propriété littéraire et artistique (no. 75 du 3 avril 1999) Archived 2007-10-21 at the Wayback Machine Art. 153, Law No. 2385 of January 17, 1924 |
Lesotho | January 1, 1996 | 50 pma | s. 13, Copyright Order No. 13, 1989 [Copyright Act 1956](v) |
Libya | January 1, 1996 | 25 pma with 50-year minimum (1968 rules, out of date) |
Law No. 7 of 1984, as amended, based on Law No. 9 of 1968 |
Liechtenstein | January 1, 1996 | 70 pma [50 pma] |
Art. 32, Law of 19 May 1999 Archived 14 October 2007 at the Wayback Machine [Art. 36, of 26 October 1928] Archived 22 April 2005 at archive.today |
Lithuania | January 1, 1996 | 70 pma [50 pma] |
Art. 34, Law No. IX-1355 (2003) [Art. 536, Civil Code as modified by Law No. I-459 (1994)] |
Luxembourg | January 1, 1996* | 70 pma [50 pma] |
Art. 9, Law of 18 April 2001 Archived 30 October 2007 at the Wayback Machine [Art. 2, Law of 29 March 1972] |
Macau(e) | January 1, 1996 | 50 pma photographs 50 pr |
Art. 21, Decree-Law 43/99/M of August 16, 1999 |
Madagascar | January 1, 1996 | 70 pma | Art. 52, Loi no. 94-036 portant sur la propriété littéraire et artistique |
Malawi | January 1, 1996 | 50 pma | s. 13, Copyright Act, 1989 |
Malaysia | January 1, 1996 | 50 pma | s. 17, Copyright Act 1987 (Archived 18 December 2023 at the Wayback Machine) |
Maldives | January 1, 1996 | TRIPS | |
Mali | January 1, 1996 | 50 pma | Art. 90, Loi No. 8426/AN-RM |
Malta | January 1, 1996 | 70 pma | s. 4(2), Copyright Act, 2000 Archived 2005-03-24 at archive.today |
Mauritania | January 1, 1996 | Berne, TRIPS | |
Mauritius | January 1, 1996 | 50 pma | s. 12, Copyright Act 1997 Archived 2007-10-14 at the Wayback Machine |
Mexico | January 1, 1996 | 100 pma 30 pma (death before 1952) 3 years pd (publication ca. 1928-13 January 1948 without registration) |
Art. 29, Ley Federal del Derecho de Autor (1996) (term amended from 75 pma to 100 pma in 2003) |
Micronesia | October 7, 2003 | 50 pma | § 113, Federated States of Micronesia Code, Title 35 |
Moldova | January 1, 1996 | 70 pma [50 pma] |
Art. 23, Law No. 39 of 07.02.2010 Archived 2014-02-24 at the Wayback Machine [Art. 17, Law No. 293-XIII of 23 November 1994] |
Monaco | January 1, 1996 | WCT | |
Mongolia | January 29, 1997 | 50 pma | Art. 17, Law on Copyright of 1993 Archived 2007-10-21 at the Wayback Machine |
Montenegro(h) | January 1, 1996 | 70 pma | Art. 100, Law on Copyright and Related Rights |
Morocco | January 1, 1996 | 50 pma | Art. 25, Loi no. 2-00 relative aux droits d’auteur et droits voisins Archived 2005-03-18 at the Wayback Machine |
Mozambique | January 1, 1996 | 70 pma [50 pma] |
Art. 22, Law No. 4/2001 Archived 2007-10-21 at the Wayback Machine [Portuguese Code of Copyright, Decree-Law No. 46,980 of April 27, 1966 (enacted in Mozambique by Decree No. 679/71 of December 7)] |
Myanmar | January 1, 1996 | TRIPS | |
Namibia | January 1, 1996 | 50 pma; photographs 50 pd |
s. 3, Copyright Act 98 of 1978, as amended by s. 3, Act 52 of 1984, s. 3, Act 125 of 1992 and by s. 52, Act 38 of 1997 |
Nauru | none‡ | unknown | |
Nepal | April 23, 2004 | 50 pma | Pustun Pradhan (2004). "Nepal's New Law on Copyright: Some Reflections", UNESCO e-Copyright Bulletin, January–March 2004. |
Netherlands(i) | January 1, 1996* | 70 pma
|
Art. 37, Copyright Act, 1912 Archived 2005-02-23 at archive.today, as amended by the Acts of 21 December 1995
|
New Zealand | January 1, 1996* | 50 pma; computer 50 pr photos 50 pr (creation before 1944) |
s. 22, Copyright Act 1994 Copyright (New Technologies) Amendment Act 2008 s. 8, Copyright Act 1962 (terms before 1995) |
Nicaragua | January 1, 1996* | 70 pma | Art. 27, Ley de Derecho de Autor y Derechos Conexos (No. 312) Archived 2007-10-21 at the Wayback Machine |
Niger | January 1, 1996 | 70 pma [50 pma] |
Art. 22, Ordonnance no. 93-027 du 30 mars 1993 |
Nigeria | January 1, 1996 | 70 pma photographs 50 pd |
Schedule I, C28-30 Copyright Act (Cap. 28) 2004 |
North Macedonia | January 1, 1996 | 70 pma | Art. 44, Law on Copyright and Related Rights No. 47/96 Archived 2012-03-10 at the Wayback Machine as amended |
Norway | January 1, 1996* | 70 pma | s. 40, Act No. 2 of 12 May 1961 Archived 4 October 2007 at the Wayback Machine |
Oman | July 14, 1999 | 70 pma A/V works 95 pd |
Arts. 26-30, Royal Decree 65-2008 (also here) [Arts. 7-8, Decree No. 47/1996 |
Pakistan | January 1, 1996 | 50 pma; photographs, music, film 50 pd |
s. 3, Copyright Ordinance, 1962, amended in 2000 |
Palau | none‡ | 50 pma | c. 16, Republic of Palau Copyright Act of 2003 |
Panama | June 8, 1996* | 50 pma | Art. 42, Ley No. 15 de 8 de agosto de 1994[dead link] |
Papua New Guinea | June 9, 1996 | 50 pma | s. 17, Copyright and Neighbouring Rights Act 2000 |
Paraguay | January 1, 1996* | 70 pma | Art. 47, Ley No. 1328/98 de Derecho de Autor y Derechos Conexos[dead link] |
Peru | January 1, 1996* | 70 pma [50 pma, death before 1946; 25 pd, organizational works before 1971; 20 pd, photographs before 1976;15 pd, anonymous works before 1981] |
Art. 52, Decreto legislativo 822 del 23 de abril de 1996[dead link] [Art. 21, 24, 26, 27 and 30 of the Law of 1961] |
Philippines | January 1, 1996 | 50 pma; photographs 50 pd |
s. 213, Intellectual Property Code |
Poland | January 1, 1996 | 70 pma [50 pma](w) |
Art. 36, Act of 4 February 1994, amended through Copyright Law, 1 April 2004 [Art. 36, Law of February 4, 1994, on Copyright and Neighbouring Rights[dead link]] |
Portugal | January 1, 1996* | 70 pma [50 pma] |
Art. 31, Code of Copyright and Related Rights, as last amended by Law No. 16/2008 of April 1, 2008 |
Qatar | January 13, 1996 | 50 pma | s. 15, Law No. 7 of 2002[dead link] |
Romania | January 1, 1996 | 70 pma 50 pma (death before 1946)(r) |
Art. 27, Law No. 8 of March 14, 1996[dead link] |
Russia | January 1, 1996 | 70 / 74 pma (general case / author worked during the Great Patriotic War or participated in it) [50 / 54 pma] |
Art. 1281 of 2008 Civil Code and Art. 6 of Law 231-FL: Law 230-FZ, 2006; Law 231-FZ, 2006 [by Art. 27 of the N 5351-1 law of 1993 [24] valid at URAA date] |
Rwanda | January 1, 1996 | Berne, TRIPS | |
St. Kitts and Nevis | January 1, 1996 | 50 pma | Copyright Act No. 8 of 2000 [Copyright Act, Chapter 366 of 1919, as amended in 1956](v) |
St. Lucia | January 1, 1996 | 50 pma | s. 10, Copyright Act, 1995 Archived 2008-05-28 at the Wayback Machine |
St. Vincent and the Grenadines | January 1, 1996 | 75 pma | s. 8, Copyright Act, 2003 |
Samoa | July 21, 2006 | 75 pma | s. 16, Copyright Act 1998, amended in 2008 |
San Marino | September 2, 2020 | unknown | |
São Tomé and Príncipe | June 14, 2016† | 50 pma | Art. 25, Law No. 46 980 of April 27, 1966, effective 1972 |
Saudi Arabia | August 2, 2004 | 50 pma | Royal Decree No. M/41 dated August 30, 2003 |
Senegal | January 1, 1996 | 70 pma [50 pma] |
|
Serbia(j) | January 1, 1996 | 70 pma | Art. 100, Law on Copyright and Related Rights |
Seychelles | April 26, 2015 | 50 pma; 50 pd (audiovisual) |
s. 19, Copyright Act, 2014 (Act No. 5 of 2014) |
Singapore | January 1, 1996 | 70 pma | Intellectual Property Office of Singapore |
Slovakia | January 1, 1996 | 70 pma | § 18, Act No. 383/1997 Archived 2005-01-17 at archive.today |
Slovenia | January 1, 1996 | 70 pma | Art. 59, Copyright and Related Rights Act of 30 March 1995, as last amended in December 2006 |
Solomon Islands | July 26, 1996 | 50 pma | s. 3, Copyright Act (Ch. 138) |
Somalia | none‡ | 30 pma | Art. 24, Law No. 66 of 1977 |
South Africa | January 1, 1996*(k) | 50 pma | s. 3(2), Copyright Act, 1978 Archived 2008-06-06 at the Wayback Machine |
Spain | January 1, 1996* | 70 pma 80 pma (if artist died before Dec 7, 1987)(p) |
Art. 23, [25] |
Sri Lanka | January 1, 1996 | 70 pma audiovisual 70 pd applied art 25 pr 50 pma (death before 1953) films 50 pd (pub. before 1953) photos 25 pr (made before 1978) |
s. 13, Intellectual Property Act, No. 36 of 2003; also here [s. 19, Code of Intellectual Property Act No. 52 of 1979 (also here)] |
Sudan | December 28, 2000 | 50 pma photographs 25 pd |
s. 13, Copyright and Neighbouring Rights Protection Act 1996 Archived 2008-05-29 at the Wayback Machine |
Suriname | January 1, 1996 | Berne, TRIPS | (in Dutch) WET van 22 maart 1913, houdende nieuwe regeling van het auteursrecht (G.B. 1913 no. 15), gelijk zij luidt na de daarin aangebrachte wijzigingen bij G.B. 1915 no. 78, G.B. 1946 no. 2, G.B. 1946 no. 77, G.B. 1959 no. 76, S.B. 1980 no. 116, S.B. 1981 no. 23. |
Sweden | January 1, 1996* | 70 pma | Art. 43, Act 1960:729 Archived 2007-10-30 at the Wayback Machine, as modified by Act 1995:1273 |
Switzerland | January 1, 1996*(a) | 70 pma 50 pma (death before 1943)(q) |
Urheberrechtsgesetz 1993 Urheberrechtsgesetz 1922 |
Syria | June 11, 2004 | 50 pma | Arts. 22 & 23, Law No. 12/2001 |
Taiwan (Chinese Taipei) | January 1, 2002*(c) | TRIPS | |
Tajikistan | March 9, 2000 | 50 pma | Art. 17, Law No. 726, 13 November 1998, revised by Law No. 27 of 1 August 2003 |
Tanzania | January 1, 1996 | 50 pma | s. 14, Copyright and Neighbouring Rights Act, 1999 |
Thailand | January 1, 1996* | 50 pma | s. 19, Copyright Act, B.E. 2537 (1994) Archived 2008-05-16 at the Wayback Machine |
Timor Leste | January 1, 1996(l) | 50 pma | Art. 29, Law No. 19 of 2002 |
Togo | January 1, 1996 | 50 pma | Art. 36, Loi no. 91-12 portant protection du droit d'auteur, du folklore et des droits voisins |
Tonga | June 14, 2001 | 50 pma | s. 13, Copyright Act (Cap. 121) |
Trinidad and Tobago | January 1, 1996 | 50 pma | s. 19, Copyright Act, 1997[dead link] |
Tunisia | January 1, 1996 | 50 pma | Art. 18, Loi no. 94-36 Archived 2008-04-30 at the Wayback Machine |
Turkey | January 1, 1996 | 70 pma | Art. 27, Law No. 5846 of 5 December 1951 Archived 16 May 2008 at the Wayback Machine |
Turkmenistan | May 29, 2016(m) | 50 pma | Art. 23, Law No. 257-IV of January 10, 2012, on Copyright and Related Rights Art. 1094, Part IV Civil Code, 1998 |
Tuvalu | June 2, 2017 | 50 pma(v) | Copyright Act 1956 Copyright Ordinance (Cap. 60 of 1973) |
Uganda | January 1, 1996 | TRIPS | |
Ukraine | January 1, 1996 | 70 pma [50 pma] |
Art. 28, Law on Copyright and Related Rights of 2001 |
United Arab Emirates | April 10, 1996 | 50 pma [25 pma; photos 10 pd] |
s. 20, Federal Law No. 7 of 2002 Archived 2007-10-14 at the Wayback Machine [Art. 20, Federal Law No. 40 of the year 1992 for the Protection of Intellectual Works and Copyright] |
United Kingdom | January 1, 1996*(a)(n) | 70 pma sound recordings 50 pd |
s. 12, Copyright, Designs and Patents Act 1988, as amended by the Duration of Copyright and Rights in Performances Regulations 1995 |
Uruguay | January 1, 1996* | 50 pma | Art. 14, Law on Copyright No. 9.739 of 17 December 1937 |
Uzbekistan | April 19, 2005 | 50 pma | Art. 38, Law No. 272-I of 30 August 1996[dead link] |
Vanuatu | August 24, 2012 | 50 pma | Art. 19, Copyright and Related Rights No. 42 of 2000, eff. February 8, 2011 |
Vatican City | January 1, 1996 | 70 pma | N. XII. Legge sil diritto di autore |
Venezuela | January 1, 1996 | 60 pma audiovis./photo/broadcast/comp./anon. 60 pd |
Art. 25,Ley sobre el Dercho de Autor as modified by the Decreto del 14 de agosto de 1993[dead link] |
Vietnam | December 23, 1998(o) | 75 pd or 100 pr (shortest) photos/cinema/applied art/anonym 50 pma all others |
(November 2005) 2009 amendment |
Yemen | April 14, 2008† | 30 pma Cinema 25 pr Photos 10 pr Journalistic TV 3 pr Journalistic radio 2 pr |
قرار جمهوري بالقانون رقم (19) لسنة 1994م (Google translation) (Third-party translation) |
Zambia | January 1, 1996 | 50 pma | s. 12, Copyright and Performance Rights Act, 1994 |
Zimbabwe | January 1, 1996 | 50 pma photos pre-1967 50 pr other photos 50 pd |
s. 5, Copyright Act (Chapter 26:1) (1966)[dead link] |
Dates of restoration were taken from information in US Copyright Office Circular No. 38a, correct as of January 2005, cross-checked and updated by reference to the Membership of the WTO, correct as of December 11, 2005, and to the list of parties to the Berne Convention, correct as of May 30, 2006 (quoted date, in fact the document records Samoa's accession on July 21, 2006). For convenience, dates of restoration for the predecessor countries have been quoted for countries that have become independent since copyright restoration (Montenegro, Timor Leste). Terms of protection were taken from a variety of sources, including WIPO, UNESCO and the University of Pennsylvania (see External links). Where no more specific information is available for a country, an indication of its probable minimum copyright term can be gained from its status as:
pma = post mortem auctoris, (years) after the death of the author
pd = post divulgationem, (years) after publication
pr = post realization, (years) after creation
Article 9 of Algeria's Ordonnance N°97-10 du 27 Chaoual 1417 correspondant au 6 mars 1997 relative aux droits d'auteur et aux droits voisins. states that: "Works of the State made licitly accessible to the public may be freely used for non-profit purposes, subject to respect for the integrity of the work and indication of its source. By "works of the State", in this article, are meant works produced and published by the various organs of the State, local communities, or public establishments of an administrative character." (original is in French.) In short, they are available for non-commercial use – which is considered unfree on Wikipedia.
The UK Copyright service has a good summary. The legal basis is the 1988 Copyright, Designs and Patents Act, and subsequent modifications and revisions. In particular for literary, artistic works, copyright ends 70 years after the last surviving author dies or if unknown, 70 years after creation or publication.
The UK Office of Public Sector Information, formerly HMSO, has told us: