Commons:Copyright rules by territory/Namibia
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Copyright rules: Namibia Shortcut: COM:NAMIBIA | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 50 years |
| Anonymous | Publish + 50 years |
| Government | Publish + 50 years |
| Other | |
| Freedom of panorama | No |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Namibia}} {{PD-NamibiaGov}} |
| ISO 3166-1 alpha-3 | NAM |
| Treaties | |
| Berne convention | 21 March 1990 |
| WTO member | 1 January 1995 |
| 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 Namibia relevant to uploading works into Wikimedia Commons. Note that any work originating in Namibia must be in the public domain, or available under a free license, in both Namibia 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 Namibia, refer to the relevant laws for clarification.
Background
In 1884 Germany established rule over Southwest Africa as a protectorate. In 1920 the United Kingdom gained a mandate over the country, which was administered by South Africa. Namibia became independent of South Africa on 21 March 1990.
Namibia has been a member of the Berne Convention since 21 March 1990 and the World Trade Organization since 1 January 1995.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994) as the main IP law for general copyright enacted by the legislature of Namibia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
The 1994 law is not retroactive. "Subject to subsection (2), this Act shall apply in relation to works before the commencement of this Act as it applies in relation to works made thereafter" [6/1994 Section 65(1)]. However, "Nothing in this Act contained shall (a) affect the ownership, duration or existence of a copyright which subsists under the Copyright Act, 1965 (Act 63 of 1965); or (b) be construed as creating a copyright which did not subsist prior to 11 September 1965" [6/1994 Section 65(2)].
The 1994 law is amended by Schedule II of the Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). The amendments did not affect the definitions of copyrighted works or durations of protection.[3]
General rules
Under the 1994 law,
- Copyright in a literary or musical work or an artistic work, other than a photograph, endures during the life of the author and for a period of 50 years from the end of the year in which the author dies.[6/1994 Section 6(1a)]
- If a work has not been made available to the public during the author's life, copyright lasts for 50 years from the end of the year when it is made available to the public.[6/1994 Section 6(1a)]
- Copyright in a cinematograph film, photograph or computer program endures for a period of 50 years either from the end of the year in which it is made available to the public or if it was not so made available to the public within 50 years of its making, the end of the year in which it was made.[6/1994 Section 6(1b)]
- For anonymous or pseudonymous works copyright endures for 50 years from the end of the year in which the work is first made available to the public or from the end of the year in which it is reasonable to presume that the author died, whichever is first.[6/1994 Section 6(2)]
- For a work of joint authorship the reference to the death of the author shall be taken to refer to the author who dies last.[6/1994 Section 6(4)]
- A literary or musical work or an artistic work, other than a photograph, made by or under the direction of the state is protected for a period of 50 years after it is first published.[6/1994 Section 6(5)]
Not protected
See also: Commons:Unprotected works
According to the 1994 law, no copyright subsists in:
- the official text of any work of a legislative, administrative or legal nature, or an official translation
- a speech of a political nature or a speech delivered in the course of judicial proceedings
- publications or broadcasts of news of the day
However, the author of political speeches shall have the exclusive right of making or publishing a collection thereof.[6/1994 Section 15(8)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Namibia}} – photos, films and computer programs 50 years after publication, starting from the end of the publication year. Other works 50 years after the author's death.
Currency
See also: Commons:Currency
Not OK
The Bank of Namibia's Policy on the reproduction of images of the Namibian currency defines the relevant law, which is based on the Bank of Namibia Act, 1997.[4] "This policy ensures that entities other than the Bank reproduce images of the Namibian currency only under specific approved circumstances and that any reproduction of images is done in such a manner that prevents an imitation leading to public confusion or counterfeits".[BoN 1997 2.6] The Bank’s written permission for the reproduction of banknote and coin images must be obtained before the image is reproduced.[BoN 1997 4.0] Images on Wikimedia Commons must be freely usable, so this restriction means images of Namibian currency are not accceptable.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK The copyright in an artistic work shall not be infringed by its inclusion in a cinematograph film or television broadcast or its transmission in a diffusion service, if (a) such inclusion is merely by way of background to the principal matters represented in the film, broadcast or transmission or incidental thereto; (b) such work is permanently situated in a street, square or a similar public place.[6/1994 Section 18(1)]
Stamps
See also: Commons:Stamps
According to the Copyright and Neighbouring Rights Protection Act 6 of 1994, copyright of government-produced work is held by the state, and lasts for a period of 50 years after publication [6/1994 Section 6(5)]. The Namibian post was originally a department of the government's Ministry of Works, Transport and Communication, and became Namibia Post Ltd, or NamPost, in 1992. Before its independence in 12 June 1968 {{PD-SAGov}} may apply.
See also
Citations
- ↑ a b Namibia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ Act No. 6 of 1994: Copyright and Neighbouring Rights Protection Act, 1994. Namibia (1994). Retrieved on 2018-11-04.
- ↑ Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). Namibia. Retrieved on 2018-11-07.
- ↑ Policy on the reproduction of images of the Namibian currency. Bank of Namibia. Retrieved on 2020-05-21.