Commons:Copyright rules by territory/Mongolia
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Copyright rules: Mongolia Shortcut: COM:MONGOLIA | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Anonymous | Publish + 75 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-Mongolia}} {{PD MN-exempt}} |
| ISO 3166-1 alpha-3 | MNG |
| Treaties | |
| Berne convention | 12 March 1998 |
| WTO member | 29 January 1997 |
| URAA restoration date* | 29 January 1997 |
| WIPO treaty | 25 October 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 Mongolia relevant to uploading works into Wikimedia Commons. Note that any work originating in Mongolia must be in the public domain, or available under a free license, in both Mongolia 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 Mongolia, refer to the relevant laws for clarification.
Background
The Qing dynasty of China absorbed Mongolia in the 17th century. After the collapse of the Qing dynasty in 1911, Mongolia declared independence, and achieved actual independence from the Republic of China in 1921. The Mongolian People's Republic was founded in 1924.
Mongolia has been a member of the World Trade Organization since 29 January 1997, the Berne Convention since 12 March 1998 and the WIPO Copyright Treaty since 25 October 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006) as the main copyright law enacted by the legislature of Mongolia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006),
- The term of copyright protection in respect of a particular work shall begin from the day of its creation.[2006 Article 13.6]
- A author shall enjoy the exclusive rights for his/her lifetime and 50 years after his/her death.[2006 Article 13.2]
- In the case of pseudonymous or anonymous works, the exclusive rights of an author in copyrighted works shall begin from 1 January of the year following the year the first publication of a work and be valid for 75 years.[2006 Article 13.4]
- In case of the co-authorship, the copyright shall be protected for the lifetime of the authors and for a period of 50 years from 1 January of the year following the death of the last surviving author.[2006 Article 13.6]
Not protected
See also: Commons:Unprotected works
The following works shall not be protected by copyright: texts of laws and other legal acts; administrative decisions and official documents of legal entities and organizations; court decisions, resolutions, judge’s decrees, other documents and speeches delivered during court hearings; translation of the above documents; coats of arms, banners, flags, awards, orders and medals; any news or information with facts and figures for the purpose of reporting the current events and results thereof; works of folklore and national traditions; any ideas, methods, procedures, scientific discoveries and mathematical concepts.[2006 Article 8]
Commissioned works
See also: Commons:Commissioned works
Under Article 18 of the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006):
- Pursuant to the agreement for a commissioned work, the author shall undertake duties to create and submit a work and the person commissioning the work shall undertake duties to pay the remuneration to the author.[2006 Article 18.1]
- The holder of exclusive rights shall be determined by the agreement.[2006 Article 18.2]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Mongolia}} – applies to works first published in Mongolia: Photos and applied art 25 years after publication, starting from the end of the publication year. Other works 50 years after the author's death. Anonymous and pseudonymous works and works created by legal persons 75 years after publication. Any photographic images or other applied art created before 1972 (PD in Mongolia before 1997) are in the public domain in both Mongolia and the USA.
- {{PD MN-exempt}} – exempt from copyright are the following works: legislation and other legal documents; court decisions, official documents; speech made at court and political meetings; translations of any of the above; news; ideas, procedures, methods of operation, or mathematical concepts.[2006 Article 8]
Currency
See also: Commons:Currency
Not OK: Banknotes are copyrighted, as they do not fall within one of the copyright exemptions in Article 8 of the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006).[2006 Article 8]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK {{NoFoP-Mongolia}}. The Mongolian copyright law does not provide freedom of panorama. Instead, it only allows incidental inclusion of works in public spaces for reporting purposes. It also provides conditions that are similar to United States fair use conditions.
Under the Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006),
- It is allowed to publish works of architecture, fine arts and photography located in public places in order to show the surrounding areas of events while reporting the events to the public.[2006 Article 24.1.6]
- But the following conditions shall be considered in determining the circumstances provided in Section 24.1 of this law: To have a non-profit purpose; The extent of use and the importance of the used parts; The value of the work and the effect of the used part on the market.[2006 Article 24.2]
See also
Citations
- ↑ a b Mongolia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law of Mongolia on Copyright and Related Rights (as last amended on January 19, 2006). Mongolia (2006). Retrieved on 2018-11-08.