Commons:Copyright rules by territory/San Marino
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Copyright rules: San Marino Shortcut: COM:SAN MARINO | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create + 30 years |
| Anonymous | Publish + 60 years |
| Audiovisual | Create/publish + 50 years |
| Collective | Publish + 60 years |
| Posthumous | Publish + 60 years (maximum life + 90 years) |
| Other | |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-old-auto}} {{PD-SanMarino}} |
| ISO 3166-1 alpha-3 | SMR |
| Treaties | |
| Berne convention | 2 September 2020 |
| URAA restoration date* | 2 September 2020 |
| WIPO treaty | 2 September 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 San Marino relevant to uploading works into Wikimedia Commons. Note that any work originating in San Marino must be in the public domain, or available under a free license, in both San Marino 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 San Marino, refer to the relevant laws for clarification.
Governing laws
San Marino has been a member of the Berne Convention and WIPO Copyright Treaty since 2 September 2020.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 8 of 25 January 1991 - Protection of Copyright as the main IP law enacted by the legislature of San Marino.[2] WIPO holds the text of this law in their WIPO Lex database.[3] The law was later amended by Law No. 63 of 24 June 1997 and Law No. 43 of 22 February 2006.[2]
General rules
According to Law no. 8 of 25 January 1991:
- The standard term of protection is for the author's life + 50 years.[8/1991 Art.36]
- A joint work where individual contributions cannot be separated is protected for 50 years after the last author's death.[8/1991 Art.37]
- If the contributions in a joint work are separable, protection for each contribution is based on the life of the author, while the work as a whole is protected for 60 years after first disclosure.[8/1991 Art.37]
- Anonymous or pseudonymous works are protected for 60 years after first disclosure.[8/1991 Art.38]
- Posthumous works are protected for 60 years after first disclosure as long as this occurs within 30 years of the author's death.[8/1991 Art.39]
- For audio-visual works (films, sound), the duration is 50 years after the end of the year of first disclosure, or 50 years after the production date for undisclosed works.[8/1991 Art.40]
- Photographs are protected for 30 years after the date of production.[8/1991 Art.84]
Disclosure is any act that brings the work to the attention of the public, including exhibition or reproduction.[8/1991 Art.44] All terms run to the end of the calendar year in which they expire.
Copyright tags
See also: Commons:Copyright tags
- {{PD-San MarinoGov}} for the reproduction, even in their entirety, of the acts of State or government or judicial acts.
- {{PD-San Marino}} for works in the public domain in San Marino
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK. There is no provision for freedom of panorama of any sort under San Marino law.[2]
Citations
- ↑ Berne Notification No. 285 Berne Convention for the Protection of Literary and Artistic Works Accession by the Republic of San Marino[1], 2 June 2020
- ↑ a b c San Marino Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law No. 8 of 25 January 1991 - Protection of Copyright. San Marino (1999). Retrieved on 2018-11-13.