Commons:Copyright rules by territory/Cape Verde/eo

This page provides an overview of copyright rules of Cape Verde relevant to uploading works into Wikimedia Commons. Note that any work originating in Cape Verde must be in the public domain, or available under a free license, in both Cape Verde 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 Cape Verde, refer to the relevant laws for clarification.

Cape Verde was first settled by the Portuguese in the 15th century. The islands were incorporated as an overseas department of Portugal in 1951. They gained independence in 1975.

Cape Verde has been a member of the Berne Convention since 7 July 1997, the World Trade Organization since 23 July 2008 and the WIPO Copyright treaty since 22 May 2019.^[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Decree-Law No. 1/2009 of April 27, 2009, on the Revision of Copyright Law as the main copyright law of Cape Verde.^[1] WIPO holds the text of this law in their WIPO Lex database.^[2] This was amended by Decree-Law No. 2/2017 of November 16, 2017.^[1] The amendment does to appear to affect the definitions of works or the durations of protection.^[3]

Under the Decree-Law No. 1/2009 of April 27, 2009,

• The duration of protection granted to an author for a literary, artistic and scientific work shall be for the lifetime of the author plus 50 years following his death, even if it is a posthumous work.^{[2009 Article.25(1)]}
• A "Collective work" is one that was organized at the initiative and under the responsibility of a single or collective entity and in whose name it is published.^{[2009 Article.6(e)]} Where it is possible to distinguish the individual contributions of some or all of the authors in a collective work, the provisions on individual contributions to works of joint authorship shall apply.^{[2009 Article.13(2)]}
• Newspapers and other periodicals shall be deemed to be collective works and copyright therein shall belong to the respective owners or publishers.^{[2009 Article.13(3)]} Copyright in collective works shall lapse 50 years after the first disclosure or publication of the works.^{[2009 Article.26(2)]}

• Copyright in works published anonymously shall lapse 50 years after their disclosure or publication, starting from the first day of January of the calendar year following that in which the work was published beginning from the end of the calendar year in which it took place.^{[2009 Article.28(1)]}
• Copyright in an audiovisual work shall lapse 50 years after the death of the last survivor among (a) the director; (b) the author of the script and the dialogues or its adaptation; (c) the composer of the music; (d) the author and the director of the cartoons.^{[2009 Article.29]}
• Copyright in works of photography or applied arts shall lapse 25 years after such works are produced.^{[2009 Article.30]}
• Ownership of copyright in works of Cape Verdean folklore shall belong to the State, which shall exercise it through the Government department responsible for the culture sector.^{[2009 Article.15(1)]} The protection of works of folklore shall have no time limit.^{[2009 Article.33]}

The periods of protection established in the preceding articles shall only begin from the first day of January of the year following which the events referred to therein take place and shall remain in force until the last day of the year during which they lapse.^{[2009 Article.32]}

The following are not protected: (a) news of the day and reports of different events given simply for information, however disclosed: (b) laws and rulings of judicial and administrative bodies, as well as petitions, allegations, complaints and other texts submitted to public authorities or services; (c) political speeches, except when assembled in a volume by their authors; (d) simple facts and data; (e) ideas, processes, systems, operational methods, concerts, principles or discoveries, in themselves and as such.^{[2009 Article.10]}

The use and exploitation, for financial gain, of works in the public domain shall be free as long as such use is subordinate to absolute respect for the moral rights, on the previous authorization of the member of Government responsible for culture and the payment of a fee to be set by the members of Government responsible for culture and finance, with the purpose of promotion and cultural development and social assistance to Cape Verdean authors.^{[2009 Article.34(4)]}

   Limited to incidental or non-commercial use.

The following embodiments of works already lawfully published or disclosed shall be lawful, irrespective of authorization of the respective author and without any need for compensation, as long as the authenticity and integrity of the title and the name of the author are mentioned and respected: ... (d) reproduction, broadcasting or communication, by any other means, to the public, of the image of a work of architecture, three­ dimensional arts, photography or applied arts, which is kept permanently in a place open to the public, except if the image of the work is the main subject of the reproduction, broadcasting or communication in question, and if it were used for commercial purposes.^{[2009 Article.62.1(d)]}