Commons:Copyright rules by territory/Montenegro
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Copyright rules: Montenegro Shortcut: COM:MONTENEGRO | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 years |
| Collective | Publish + 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Montenegro}} {{PD-old-auto}} {{PD-MNEGov}} |
| ISO 3166-1 alpha-3 | MNE |
| Treaties | |
| Berne convention | 3 June 2006 |
| WTO member | 29 April 2012 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 3 June 2006 |
| *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 Montenegro relevant to uploading works into Wikimedia Commons. Note that any work originating in Montenegro must be in the public domain, or available under a free license, in both Montenegro 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 Montenegro, refer to the relevant laws for clarification.
Background
Montenegro was recognized as an independent state in 1878. It became part of Yugoslavia after World War I. After the breakup of Yugoslavia, in 1992 the republics of Serbia and Montenegro formed the Federal Republic of Yugoslavia, renamed the State Union of Serbia and Montenegro in 2003. Montenegro became independent on 3 June 2006.
Montenegro has been a member of the Berne Convention and the WIPO Copyright Treaty since 3 June 2006 and the World Trade Organization since 29 April 2012.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Official Gazette of Montenegro, Nos. 37/2011 and 53/2016) as the main copyright law enacted by the legislature of Montenegro.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
The Yugoslav Copyright Act of 1978 provided for copyright term of the life of the author plus 50 years, respectively 25 years for photograph or a work of applied art. This was replaced by a new copyright act of 29 December 2004. Works that were already in the public domain before the new act came into effect met one of the following criteria:
- A work of known authorship and the author died before 1 January 1954
- An anonymous work and it was published before 1 January 1954
- A photograph or a work of applied art published before 1 January 1973
Under the Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016)
- Copyright lasts for the life of the author and for 70 years after his death, unless stipulated otherwise.[53/2016 Art.62]
- For works of co-authorship, copyright lasts for 70 years from the death of the author who died last.[53/2016 Art.63]
- Copyright of an audiovisual work lasts for 70 years from the death of the last of the following co-authors: the principal director, screenplay writer, dialogue author and the author of music specially composed for the audiovisual work.[53/2016 Art.63]
- Copyrights in a musical works with words, with the text and music written by different co-authors specifically for this work, lasts for 70 years from the death of the last co-author.[53/2016 Art.63]
- Protection of copyright in anonymous or pseudonymous works lasts for 70 years from the date of publication of the work, unless the identity of the author becomes known before that period.[53/2016 Art.64]
- Copyright in collective works lasts for 70 years from the date of publication of the work, unless the individuals who participated in the creation of the work are named in it.[53/2016 Art.65]
- Durations are calculated from 1 January of the year immediately following the year in which the relevant event occurred.[53/2016 Art.69]
Not protected
See also: Commons:Unprotected works
Copyright protection does not cover: 1) ideas, principles and discoveries; 2) Official texts in the field of the legislation, administrative and judicial; 3) an official translation of point 2 above; 4) The term traditional culture (hereinafter referred to as works of folklore); 5) daily news or other information having the character of mere items of press information.[53/2016 Art.8]
Copyright tags
See also: Commons:Copyright tags
- {{PD-MNEGov}} – for public domain Montenegro official works
- {{PD-SCGGov}} – for public domain Serbian-Montenegro official works, state symbols, stamps, money etc.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK Only non-commercial use is allowed. {{NoFoP-Montenegro}}
The Law on Amendments to the Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011 and 53/2016) says,
- Permission is granted without acquiring the appropriate property rights and without paying a fee, to use works that are permanently exposed in parks, streets, squares and other public places.[53/2016 Art.55(1)] The works ... may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for direct or indirect economic advantage.[53/2016 Art.55(2)]
See also
- Црна Гора / Crna Gora
- Category:License tags of Montenegro
- Category:Montenegrin FOP cases
- Commons:Copyright rules by territory/Serbia
- Commons:Copyright rules by territory/Yugoslavia
Citations
- ↑ a b Montenegro Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law on Copyright and Related Rights (Official Gazette of Montenegro, Nos. 37/2011 and 53/2016). Montenegro (2018). Retrieved on 2018-11-03.