Commons:Copyright rules by territory/Haiti
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Copyright rules: Haiti Shortcut: COM:HAITI | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 60 years |
| Photograph | Create + 25 years |
| Anonymous | Create/publish + 60 years |
| Audiovisual | Create/publish + 60 years |
| Collective | Create/publish + 60 years |
| Posthumous | Publish + 60 years |
| Other | |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Haiti}} |
| ISO 3166-1 alpha-3 | HTI |
| Treaties | |
| Berne convention | 11 January 1996 |
| Univ. Copyright Convention | 16 September 1955 |
| WTO member | 30 January 1996 |
| URAA restoration date* | 11 January 1996 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1926 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Haiti relevant to uploading works into Wikimedia Commons. Note that any work originating in Haiti must be in the public domain, or available under a free license, in both Haiti 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 Haiti, refer to the relevant laws for clarification.
Governing laws
Haiti was ruled by the Spanish as part of Hispaniola from 1492 to 1625, then by the French as Saint-Domingue from 1625 to 1804, when it became independent. The country was occupied by the United States from 1915 to 1934.
Haiti has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 11 January 1996 and the World Trade Organization since 30 January 1996.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree of October 12, 2005, on Copyright as the main IP law issued by the executive of Haiti.[1] The decree was published in Le Moniteur on 9 March 2006. WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to the Decree on Copyrights of October 12, 2005,
- Except where specified otherwise in this chapter, the economic rights of a work are protected during the life of the author and for 60 years after his death.[2005 Article 20]
- The economic rights in a collaborative work are protected during the life of the last surviving author and for 60 years after his death.[2005 Article 21]
- The economic rights in an anonymous or pseudonymous work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.[2005 Article 22]
- The economic rights in a collective or audiovisual work are protected for 60 years from the end of the year in which it was published for the first time, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was first made public, or if this did not happen within 60 years of the work being made, for 60 years from the end of the year in which it was made.[2005 Article 23]
- The economic rights in a posthumous work are protected for 60 years from the end of the year in which it was legally published.[2005 Article 24]
- The economic rights in a photographic work are protected for 25 years after the end of the year it was created.[2005 Article 25]
In this chapter all terms last until the end of the year in which they would normally expire.[2005 Article 26]
Not protected
See also: Commons:Unprotected works
The following are not protected:
- Official texts of a legislative, administrative or judiciary nature, and their official translations.[2005 Article 5(1)]
- News of the day.[2005 Article 5(2)]
- Ideas, processes, systems, methods of operation, concepts, principles, discoveries or simple data, even if these are stated, described, explained. illustrated or incorporated in a work.[2005 Article 5(3)]
Expressions of folklore: not free
Expressions of Folklore are works of the spirit expressing the characteristic elements of the traditional artistic heritage developed and perpetuated on the territory of Haiti by a community or by individuals recognized as meeting the traditional artistic expectations of this community and including folktales, popular poetry and riddles; popular songs and instrumental music; popular dances and shows; the productions of popular arts, such as drawings, paintings, sculptures, pottery, terracotta, chiselling, mosaics, woodwork, metal objects, jewelry, textiles, costumes and many others of the same kind.[2005 Article 1] Representation or public performance, direct or indirect copying of a work of folklore for commercial purposes requires prior authorization by the collective rights management organization and payment of a fee. The products of the fee will be used for cultural and social purposes for the benefit of authors and communities who are traditional owners of the artistic heritage of Haiti.[2005 Article 7]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Haiti}} – General copyright protection last for 60 years.[2005 Article 20–24] Photographic works are protected for 25 years after the end of the year the work was created.[2005 Article 25]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK - noncommercial only (but noncommercial licensing is not compatible to Commons:Licensing).
OK if the work is not the main subject (in other words, de minimis).
According to Article 15 on page 9 the Décret du 12 Octobre 2005 sur les Droits d'Auteur, a reproduction of an architectural work of art, a fine arts work, a photographic work of art or an applied arts work that is situated in permanence in a location open to the public is allowed, except if the work of art is the primary subject of said reproduction and said reproduction is used for commercial purposes.[2005 Article 15]
« Nonobstant les dispositions de l'article 7, il est permis, sans l'autorisation de l'auteur et sans paiement d'une rémunération, de reproduire, de radiodiffuser ou de communiquer par câble au public une image d'une oeuvre d'architecture, d'une oeuvre des beaux-arts, d'une oeuvre photographique et d'une oeuvre des arts appliqués qui est située en permanence dans un endroit ouvert au public, sauf si l'image de l'oeuvre est le sujet principal d'une teIle reproduction, radiodiffusion ou communication si elle est utilisée à des fins commerciales. »
— in: 2005 Article 15
"Notwithstanding the dispositions of article 7, it is permitted, without the authorisation of the author and without payment of a remuneration, to reproduce, broadcast over radio or communicate via cable to the public an image of an work of architectural art, a work of fine arts, a work of photographic art or a work of applied arts if it is situated in permanence in a location open to the public, except if the work of art is the primary subject of said image, radiodiffusion or communication if it is used for commercial purposes."
— Translation of Article 15
The "Article 7" being referenced is simply a list of a copyright holder's exclusive rights. It says that "With the exception of the dispositions of articles 8 to 19, the author of a work of art has the exclusive right to perform or authorize the following acts (...)".
Stamps
See also: Commons:Stamps
. Stamps by artists deceased more than 60 years ago (or pseudonymously designed more than 60 years ago, before 1 January 1962) are free.[2005 Article 20–23]
See also
Citations
- ↑ a b Haiti Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Decree of October 12, 2005, on Copyright. Haiti (2005). Retrieved on 2018-11-08.