共享资源:各地著作权法规/赤道几内亚
著作权法规: 赤道几内亚 快捷方式: COM:赤道几内亚 | |
保护期限 | |
---|---|
标准 | 作者逝世+80年 |
匿名 | Publish + 50 years |
视听作品 | Publish + 50 years |
集体作品 | Publish + 50 years |
应用艺术 | Create + 25 years |
其他 | |
全景自由 | Assume no |
协议 | |
伯尔尼公约 | 1997年6月26日 |
班吉协定 | 2000年11月23日 |
乌拉圭回合协议法案回溯日期* | 1997年6月26日 |
*只要一个作品在美国可以受版权保护,在1928年12月31日之后发表,并在来源国的URAA日期受版权保护,那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Equatorial Guinea relevant to uploading works into Wikimedia Commons. Note that any work originating in Equatorial Guinea must be in the public domain, or available under a free license, in both Equatorial Guinea 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 Equatorial Guinea, refer to the relevant laws for clarification.
背景
The Spanish colonies of Bioko and Rio Muni were united in 1926 to form the colony of Spanish Guinea. In 1959 its status was raised from "colonial" to "provincial". In 1968 Equatorial Guinea became an independent republic.
Equatorial Guinea has been a member of the Berne Convention since 26 June 1997.[1]
As of 2024 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Spanish 1889 Civil Code as the main IP law. It was prevously alleged that the Law of January 10, 1879, on Intellectual Property applied, but it has not been mentioned in the EU's IP Country Fiche, which only lists the 1963 penal code. [1] WIPO holds the text of this law in their WIPO Lex database.[2]
Article 428 of the 1889 Civil Code only makes a vague statement about copyright: "The author of a literary, scientific or artistic work has the right to exploit it and dispose of it at will." [1889 Article 428] The following article states that the Law on Intellectual Property (RCL 1960, 1042) determines the people to whom that right belongs, the form of its exercise and the length of its duration. In cases not provided for or resolved by said Special Law, the general rules established in this Code on property will apply. [1889 Article 429] However, the 1960 law (1960, 1042) is actually a law on horizontal property which does not contain any copyright-related provisions.
The 1963 Penal Code had provisions on copyright, but it was repealed in 2022 by a new one.
Since Equatorial Guinea is a member of the Bangui Agreement, Part 1 Title 1 Article 5 states that any provisions contrary to the agreement will be repealed, and the copyright provisions are just a baseline[Bangui Agreement Part 1 Title 1 Article 5], we will assume that the Bangui Agreement (specifically Title 7 which is on copyright) applies.
一般规则
Under the Bangui Agreement,
- Econonomic rights are protected for the author's life and 50 years after his death.[Bangui Agreement Title 7 Article 26]
- Econonomic rights of a work of joint authorship are protected for the author's life and 50 years after his death.[Bangui Agreement Title 7 Article 27]
- Anonymous and pseudonymous works are protected for 50 years after publication or 50 years after creation if it was not published within the time.[Bangui Agreement Title 7 Article 28]
- Collective and audiovisual works are protected for 50 years after publication or 50 years after creation if it was not published within the time.[Bangui Agreement Title 7 Article 29]
- Works of applied art are protected for 25 years from their creation.[Bangui Agreement Title 7 Article 30]
货币
参见:共享资源:货币
可以. Bank of Central African States, which issues Central African CFA franc used in Equatorial Guinea, is based in Cameroon. Article 3c of the main IP law of Cameroon, the 2000 Copyright law, explicitly excludes banknotes and coins from copyright protection.
Please use {{PD-CA-CFA-franc}} for Central African CFA franc images.
全景自由
参见:共享资源:全景自由
不可以. The 1889 Civil Code only listed a vague statement about copyright[1889 Article 428] and the Bangui Agreement has a limited FoP exception which does not allow reproduction of architecture in images if the work. [Bangui Agreement Title 7 Article 16]
引用
- ↑ a b Equatorial Guinea Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
- ↑ Law of January 10, 1879, on Intellectual Property. Equatorial Guinea (1879). Retrieved on 2018-11-05.