Commons:Copyright rules by territory/Yemen
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Copyright rules: Yemen Shortcut: COM:YEMEN | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Creation + 25 years |
| Anonymous | Publication + 50 years |
| Audiovisual | Publication + 50 years / Creation + 50 years (unpublished) |
| Other | |
| Terms run to year end | from the year before the event |
| Common licence tags | {{PD-Yemen}} |
| ISO 3166-1 alpha-3 | YEM |
| Treaties | |
| Berne convention | 14 July 2008 |
| WTO member | 26 June 2014 |
| URAA restoration date* | 14 April 2008 |
| *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 Yemen relevant to uploading works into Wikimedia Commons. Note that any work originating in Yemen must be in the public domain, or available under a free license, in both Yemen 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 Yemen, refer to the relevant laws for clarification.
Background
Yemen was divided between the Ottoman and British empires in the early 20th century. North Yemen became a kingdom after World War I, then a republic in 1962. South Yemen was a British protectorate known as the Aden Protectorate until 1967 when it became independent. The two Yemeni states united to form the modern republic of Yemen in 1990.
Yemen has been a member of the Berne Convention since 14 July 2008 and the World Trade Organization since 26 June 2014.[1]
As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, lists Law No. 15 of 2012 on the Protection of Copyright and Related Rights as the main copyright law of Yemen.[2] WIPO holds both the Arabic and unofficial English texts of this law in their WIPO Lex database.[3][4] The law repeals the Intellectual Property Law (Presidential Law Decree No. 19 of 1994 in respect of Intellectual Property).[5]
Standard rules
Under the Law No. 15 of 2012 on the Protection of Copyright and Related Rights,
- The author’s financial rights shall be protected throughout his/her life and for fifty-years following his/her death.[15/2012 Article 31]
- The financial rights of a joint work shall be protected throughout the lives of all co-authors of the work and fifty-years thereafter starting from the beginning of the Gregorian year following the death of the last existing author of the work.[15/2012 Article 32]
- The duration for protecting financial rights of a collective work and audiovisual work shall be fifty years starting from the year following the first publication of the work. If the work is not published within fifty years from the date of achievement, the protection duration shall end after fifty years from the beginning of the Gregorian year following the achievement of the work.[15/2012 Article 33]
- The duration for protecting financial rights of a work which is published without mentioning the author's name or was published under a pseudonym shall last for fifty years starting from the beginning of the Gregorian year following the first publication of the work. If the author reveals his identity, the duration of protection shall be in accordance with the provisions of article (31) of the Law.[15/2012 Article 34]
- The financial rights of applied arts and photography shall be protected for twenty five years starting from the beginning of the Gregorian year following the achievement of the work.[15/2012 Article 35]
The repealed law, Intellectual Property Law (Presidential Decree No. 19 of 1994 on Intellectual Property), only granted a posthumous copyright term of 30 years for most works,[19/1994 Article 24] a copyright term of 25 years from the date of publication for works made by movie or T.V. film producers,[19/1994 Article 25] and a copyright term of 10 years from the date of issuance for photographs.[19/1994 Article 31] However, the current law appears retroactive:
- The provisions related to copyright provided in Republican Decree by Law No. (19) of 1994 on Intellectual Property Rights shall be cancelled as well as any text or provision in conflict with this law.[15/2012 Article 88]
Not protected
See also: Commons:Unprotected works
Yemeni works not protected:[15/2012 Article 5]
- Ideas, procedures, work methods, operations modes, concepts, principles and data even if expressed or described or clarified or inserted in a work.
- Official documents such as laws, regulations, government decisions texts of laws, government decisions, regulations, judicial verdicts, international agreements, all official documents and their official translations.
- The news about incidents or events which are merely media descriptive material.
- Works that have fallen into the public domain.
Copyright tags
See also: Commons:Copyright tags
- {{PD-Yemen}} – details are provided by the template. This also applies to old works published in the former states of Aden Settlement, Aden Province, Aden Colony, Aden Protectorate, the Federation of South Arabia and the People's Republic of Yemen, as Yemen is the successor state of these states.
Currency
See also: Commons:Currency
Not OK
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK: The list of exceptions (Articles 40–47) of the Law No. 15 of 2012 on the Protection of Copyright and Related Rights does not contain any freedom of panorama provision allowing free uses of images of copyrighted architectural and artistic works in public spaces. Only allowed uses:
- Personal use.[15/2012 Article 40(1)]
- Non-profit educational or training purposes ("with due reference be made to the source and name of the author").[15/2012 Article 40(2)]
- "Taking photographs of any entity that has been previously photographed."[15/2012 Article 40(4)]
See also
Citations
- ↑ Yemen Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2021).
- ↑ Law No. 15 of 2012 on the Protection of Copyright and Related Rights. WIPO: World Intellectual Property Organization (2012). Retrieved on 2021-12-17.
- ↑ قانون حماية حق المؤلف والحقوق المجاورة (in Arabic). Yemen (2012). Retrieved on 2021-12-17.
- ↑ Law No. 15 of 2012 on the Protection of Copyright and Related Rights (in English). Yemen (2012). Retrieved on 2021-12-17.
- ↑ Intellectual Property Law (Presidential Decree No. 19 of 1994 on Intellectual Property). WIPO: World Intellectual Property Organization (1994). Retrieved on 2021-12-17.