Commons:Copyright rules by territory/Rwanda
|
Copyright rules: Rwanda Shortcut: COM:RWANDA | |
 | |
 | |
| Durations | |
|---|---|
| Standard | Life 50 years |
| Anonymous | Create/Publish 50 years |
| Collective | Create/publish 50 years |
| Applied art | Create 25 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Rwanda}} |
| ISO 3166-1 alpha-3 | RWA |
| Treaties | |
| Berne convention | 1 March 1984 |
| WTO member | 22 May 1996 |
| URAA restoration date* | 1 January 1996 |
| *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 Rwanda relevant to uploading works into Wikimedia Commons. Note that any work originating in Rwanda must be in the public domain, or available under a free license, in both Rwanda 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 Rwanda, refer to the relevant laws for clarification.
Background
Germany colonised Rwanda in 1884 as part of German East Africa. After World War I Germany ceded the territory to Belgium, which administered it as part of the territory of Ruanda-Urundi. Burundi and Rwanda became independent countries in 1962.
Rwanda has been a member of the Berne Convention since 1 March 1984 and the World Trade Organization since 22 May 1996.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property as the main IP law enacted by the legislature of Rwanda.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law is retroactive: "Repeal of former provisions contrary to this Law ... the Law No 27/1983 of November 15th, 1983 governing the copyrights ... and any other former legal provisions contrary to this Law are hereby repealed".[31/2009 Article 294]
General rules
According to the Law No. 31/2009,
- Subject to contrary provisions of this Law, the economic rights shall be protected during the life of the author and for fifty years (50) after his or her death.[31/2009 Article 217]
- For a work of joint authorship, the economic rights shall be protected during the life of the last surviving author and for 50 years after his or her death.[31/2009 Article 218]
- For a work published anonymously or under a pseudonym, the economic rights shall be protected for 50 years from the date on which the work was first lawfully published; for 50 years from the date on which the work was made; for 50 years from the end of the year in which the work was lawfully made available to the public.[31/2009 Article 219]
- For a collective work, audiovisual work or work published after death of the author, the economic rights shall be protected for 50 years from the date on which the work was first lawfully published; for 50 years from the date on which the work was made; for 50 years from the end of the year in which the work was lawfully made available to the public.[31/2009 Article 220]
- For a work of applied art, the economic rights shall be protected for 25 years from the end of the year in which the work was made.[31/2009 Article 221]
Every period concerning the duration of protection of copyrights shall run to the end of the calendar year in which it would otherwise expire.[31/2009 Article 217]
Pubic domain and expressions of folklore: not free
See also: Commons:Paying public domain
The works of the public domain are part of the national culture and heritage. The use, for profit making purposes, of work of the public domain shall be made in return for payment of royalties in the conditions determined by the empowered authority. A part of funds equal to twenty five per cent (25%) collected in accordance with this article is reserved to activities of creative works promotion.[31/2009 Article 202]
"Expression of folklore" is a group-oriented and tradition-based creation of a community or individuals developed and perpetually exercised on the territory of Rwanda, reflecting the expectation of the folk arts of such a community. These are: folktales, folk poetry, and folk riddles; folk songs and instrumental folk music; folk dances and folk plays; productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metalware, jewelry and indigenous textiles.[31/2009 Article 6(11)] Expressions of folklore are part of the national culture and heritage. The use, for profit making purposes, of work derivative from Rwandan national folklore shall be made in return for payment of royalties in the conditions determined by the empowered authority. A part of funds equal to twenty five per cent (25%) collected in accordance with this article is reserved to activities of creative works promotion.[31/2009 Article 201]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK, non-commercial purpose only if the work is the main subject of the image.
- There shall be permitted without authorization of the author and without payment of remuneration, to reproduce, to broadcast or to communicate by cable to the public a picture of work of architecture, of work of fine arts, a photographic work and a work of applied art that is permanently located on place opened to the public, except if the picture of this work is the main topic of such a reproduction, broadcasting or communication and if it is used for commercial purposes.[31/2009 Article 210]
See also: Category:Rwandan FOP cases. Citations
- ↑ a b Rwanda Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property. Rwanda (2009). Retrieved on 2018-11-05.