Commons:Copyright rules by territory/Venezuela
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Copyright rules: Venezuela Shortcut: COM:VENEZUELA | |
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| Durations | |
|---|---|
| Standard | Life + 60 years |
| Photograph | Create/publish + 60 years |
| Anonymous | Publish + 60 years |
| Audiovisual | Create/publish + 60 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Venezuela}} {{PD-VenezuelaGov}} |
| ISO 3166-1 alpha-3 | VEN |
| Treaties | |
| Berne convention | 30 December 1982 |
| Univ. Copyright Convention | 30 September 1966 |
| 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 Venezuela relevant to uploading works into Wikimedia Commons. Note that any work originating in Venezuela must be in the public domain, or available under a free license, in both Venezuela 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 Venezuela, refer to the relevant laws for clarification.
Background
Venezuela was colonized by Spain in 1522. In 1811 it became one of the first Spanish-American territories to declare independence, at first as a department of the federal republic of Gran Colombia. Venezuela gained full independence in 1830.
Venezuela has been a member of the Universal Copyright Convention since 30 September 1966, the Berne Convention since 30 December 1982 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 the 1993 Law on Copyright as the main IP law enacted by the legislature of Venezuela.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under the 1993 Law on Copyright,
- Copyright subsists for the lifetime of the author and expires after 60 years counted from January 1 of the year following his death, including the copyright in works not disclosed in his lifetime.[1993 Article 25]
- For works of joint authorship, the 60 years referred to in the foregoing Article are counted as from January 1 of the year following that of the death of the last surviving coauthor.[1993 Article 26]
- Nevertheless, the right of exploitation in an audiovisual work, a broadcast work or a computer program expires after 60 years counted from January 1 of the year following that of the first publication thereof or, failing that, of its completion.[1993 Article 26]
- The copyright in anonymous or pseudonymous works expires after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]
- For photographs and also reproductions and prints obtained by a comparable process rights expire after 60 years following the disclosure of the work, or 60 years after having been made if they have not been disclosed during that period. Such periods are counted from January 1 of the year following that of disclosure or making, as the case may be.[1993 Article 38]
Not protected
See also: Commons:Unprotected works
The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.[1993 Article 4]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Venezuela}} – generally 60 years after the author's death with the exception of audiovisual works, broadcast works and computer programs, in which case the protection lasts for 60 years after publication.
- {{PD-VenezuelaGov}} – for the "texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts", and the "intellectual products generated under an employment relationship in the public sector — or financed through public funds".
Freedom of panorama
See also: Commons:Freedom of panorama
OK. {{FoP-Venezuela}} Under the 1993 Law on Copyright,
- The following shall be considered lawful reproductions: ... the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations.[1993 Article 44(9)]
Threshold of originality
See also: Commons:Threshold of originality
Unknown
Despite uncertainty on the required level of originality needed to qualify for copyright protection, certain cases are objectively too simple; for example:
| Image | Description | Discussion |
|---|---|---|
|
Partido Futuro logo | Commons:Deletion requests/File:Partido futuro.png |
Stamps
See also: Commons:Stamps
Stamps are not mentioned in the Law on Copyright 1993, and do not qualify as an excluded category.[1993 Article 4]
Copyright lasts for 60 years from death, calculated from the 1 January following the year of death.[1993 Article 25]
The copyright in anonymous or pseudonymous works shall expire after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]
Use template {{PD-Venezuela}} where applicable.
See also
Citations
- ↑ a b Venezuela (Bolivarian Republic of) Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law on Copyright. Venezuela (1993). Retrieved on 2018-11-08.