Commons:Copyright rules by territory/Madagascar
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Copyright rules: Madagascar Shortcut: COM:MADAGASCAR | |
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| Durations | |
|---|---|
| Standard | Life 70 years |
| Anonymous | Publish 70 years |
| Posthumous | Publish 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Madagascar}} |
| ISO 3166-1 alpha-3 | MDG |
| Treaties | |
| Berne convention | 1 January 1966 |
| WTO member | 17 November 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 24 February 2015 |
| *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 Madagascar relevant to uploading works into Wikimedia Commons. Note that any work originating in Madagascar must be in the public domain, or available under a free license, in both Madagascar 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 Madagascar, refer to the relevant laws for clarification.
Background
Madagascar became a French colony in 1897. The country regained independence in 1960.
Madagascar has been a member of the Berne Convention since 1 January 1966, the World Trade Organization since 17 November 1995 and the WIPO treaty since 24 February 2015.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 94-036 of September 18, 1995, on Literary and Artistic Property as the main copyright law enacted by the legislature of Madagascar.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law repealed Law No. 57-298 of March 11, 1957, on Literary and Artistic Property.
General rules
Under Law No. 94-036 of 18 September 1995 on Literary and Artistic Property,
- An author shall enjoy the exclusive right to exploit his work during his lifetime. On his death, this right shall subsist for the benefit of his successors in title during the current calendar year and the 70 following years.[94-036/1995 Article 52]
- For works of collaboration, the calendar year taken into account shall be that of the death of the last surviving collaborator.[94-036/1995 Article 53]
- For pseudonymous or anonymous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 54]
- For staggered publications, Article 52 shall apply to each publication and not to the series as a whole.[94-036/1995 Article 55]
- For posthumous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 56]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK, noncommercial only and/or if the architecture or public art is not the main subject.
There is no Commons-usable freedom of panorama in Madagascar, as per Law No. 94-036 of 18 September 1995 on Literary and Artistic Property: "... it shall be permitted, without authorization from the author and without payment of remuneration, to reproduce, ... or to communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work and a work of applied art that is permanently located in a place open to the public, save where the image of the work is the main subject of this reproduction, broadcast or communication and where it is not used for commercial purposes".[94-036/1995 Article 48]
See also
Citations
- ↑ a b Madagascar Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law No. 94-036 of September 18, 1995, on Literary and Artistic Property. Madagascar (1995). Retrieved on 2018-11-03.