Commons:Copyright rules by territory/Senegal
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Copyright rules: Senegal Shortcut: COM:SENEGAL | |
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| Durations | |
|---|---|
| Standard | Life 70 years |
| Anonymous | Create/publish 70 years |
| Posthumous | Publish 70 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Senegal}} |
| ISO 3166-1 alpha-3 | SEN |
| Treaties | |
| Berne convention | 25 August 1962 |
| Bangui Agreement | 8 February 1982 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 18 April 2002 |
| *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 Senegal relevant to uploading works into Wikimedia Commons. Note that any work originating in Senegal must be in the public domain, or available under a free license, in both Senegal 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 Senegal, refer to the relevant laws for clarification.
Background
The French established rule of what is now Senegal in the 19th century. On 4 April 1959 Senegal and the French Sudan merged to form the Mali Federation, which became fully independent on 20 June 1960. The Federation broke up on 20 August 1960, when Senegal and the Republic of Mali each proclaimed independence.
Senegal has been a member of the Berne Convention since 25 August 1962, the Bangui Agreement since 8 February 1982, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 18 April 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights as the main copyright law enacted by the legislature of Senegal.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
The 2008 law repealed Law No. 73-52 of December 4, 1973 on Copyright Protection; Law No. 86-05 of January 24, 1986 and all earlier provisions contrary to the 2008 law.[2008-09 Article 162] The former 1973 law, in turn, repealed the Law No. 57-298 of March 11, 1957, on Literary and Artistic Property (essentially, the 1957 copyright law of France).[1973 Article 14] WIPO also holds the text of the 1973 law in their WIPO Lex database.[3]
The 2008 law applied to works that had not yet fallen into the public domain.[2008-09 Article 161] This did not apply to posthumous works.[2008-09 Article 161]
General rules
According to the Law No. 2008-09 of January 25, 2008 on Copyright and Related Rights,
- The author's economic rights shall last for his or her lifetime and for 70 years after his death.[2008-09 Article 51]
- The economic rights in a work of joint authorship shall last for the lifetime of the last surviving author and for 70 years after his death.[2008-09 Article 52]
- The economic rights in a work published anonymously or under a pseudonym shall last for 70 years from publication or, if publication has not occurred within 70 years of creation of the work, for 70 years after such creation.[2008-09 Article 53]
- The economic rights in a posthumous work shall last for 70 years from the disclosure of the work.[2008-09 Article 54]
The periods provided for above expire at the end of the calendar year during which they would normally expire.[2008-09 Article 55]
The repealed Law No. 73-52 of December 4, 1973 on Copyright Protection, as amended by Law No. 86-05 of January 24, 1986, provided 50-year term of protection for most works and 25-year term of protection for photographs and applied art.[1973 Articles 40–41] Prior that, the 1957 copyright law of France gave 50-year term for most works and 70-year term for musical works.[1957 Articles 21–23]
Currency
See also: Commons:Currency
Unsure West African CFA franc used in Senegal has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law[4], but it is not known if it also applies to West African CFA franc.
See also: COM:CUR France
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK {{NoFoP-Senegal}}. Senegalese freedom of panorama, as it is currently in effect, does not permit commercial uses of images of artistic works in public spaces. However, non-commercial licensing is not allowed on Wikimedia Commons. Nevertheless, it should be fine if the copyrighted artistic work is not the main subject of the image (that is, de minimis presence).
- The author may not prohibit the reproduction or communication of a graphic or three dimensional work that is permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction, broadcast or communication and is used for commercial purposes.[2008-09 Article 46]
The freedom of panorama provision of the repealed 1973 copyright act is also not acceptable to Commons, as it was only valid for audio-visual media: "It shall be lawful to reproduce, for the purposes of cinematography, television and communication to the public, works of figurative art and of architecture permanently located in a place where they can be viewed by the public or are included in the film or in the broadcast only by way of background or as incidental to the essential matters represented."[1973 Article 14]
Threshold of originality
See also: Commons:Threshold of originality
Works of the mind may enjoy protection only if they are original. "Originality" means the work bears the stamp of the author's personality.[2008-09 Article 7]
See also
Citations
- ↑ a b Senegal Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
- ↑ Law No. 2008-09 of January 25, 2008, on Copyright and Related Rights. Senegal (2008). Retrieved on 2018-11-03.
- ↑ Copyright Act 1973 (as amended up to January 24, 1986). Senegal (1986). Retrieved on 2024-07-30.
- ↑ [1]