Commons:Copyright rules by territory/Gabon
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Copyright rules: Gabon Shortcut: COM:GABON | |
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| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Publish + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Publish + 50 years |
| Collective | Owner's life + 50 years |
| Posthumous | Publish + 50 years |
| Applied art | Publish + 50 years |
| Other | |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | GAB |
| Treaties | |
| Berne convention | 26 March 1962 |
| Bangui Agreement | 8 February 1982 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 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 Gabon relevant to uploading works into Wikimedia Commons. Note that any work originating in Gabon must be in the public domain, or available under a free license, in both Gabon 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 Gabon, refer to the relevant laws for clarification.
Background
France officially occupied Gabon in 1885. In 1910, Gabon became one of the four territories of French Equatorial Africa, a federation that survived until 1959. The territories of French Equatorial Africa became independent on 17 August 1960.
Gabon has been a member of the Berne Convention since 26 March 1962, the World Trade Organization since 1 January 1995 and the WIPO treaty since 6 March 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 987 Law No. 1/87 on the Establishment of the Protection for Copyright and Neighboring Rights as the main copyright law enacted by the legislature of Gabon.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
Standard terms
- The author's economic rights last for their lifetime and for 50 years after death [1987 Article 60].
- With collaborative works, economic rights subsist for 50 years after death of the last surviving contributor [1987 Article 60].
- Economic rights last for 50 years from the end of the calendar year when the work was made public for:
- Photographic works, radio and audiovisual works and works of applied art [1987 Article 60].
- Anonymous or pseudonymous works where the author cannot be identified [1987 Article 60].
- Posthumous works are protected for 50 years after being made public, if this happens within 50 years of death [1987 Article 60].
All terms run to the end of the calendar year.
Collective work
"Collective work" shall mean a work created on the initiative of a natural or legal person who edits it, publishes it and discloses it under his direction and name, and in which the personal contributions of the various authors who participated in its development are merged in the overall work for which they were conceived, so that it is impossible to attribute to each author a separate right in the work as created [1987 Article 10]. A collective work, in the absence of proof to the contrary, shall belong to the natural or legal person under whose name it has been disclosed. The author's rights shall vest in that person [1987 Article 17].
Official work and news
Protection shall not apply: to laws and regulations and officially published preparatory work therefor, decisions of the courts and of administrative bodies and official translations of such texts;the news of the day published, diffused or communicated to the public [1987 Article 11].
Public domain and folklore non-free
See also Commons:Paying public domain.
On expiry of the term of protection defined in Article 60, the work falls into the public domain. The right of exploitation of works in the public domain shall be exercised by the National Artistic and Cultural Promotion Agency (ANPAC). Performance, public execution and reproduction of such works shall require prior authorization issued by ANPAC. In the case of a profit-making utilization, authorization shall be granted against payment of a fee calculated in accordance with the general tariffs and schedules in force [1987 Article 11].
Works of folklore shall belong ab origine to the national heritage [1987 Article 6]. "folklore" shall mean all literary and artistic productions created on the national territory by authors presumed to be Gabonese nationals or by national ethnic communities, passed from generation to generation, which form one of the fundamental elements of the national traditional cultural heritage [1987 Article 6]. Works of national folklore shall be protected without limitation in time [1987 Article 7]. The right of exploitation of folklore shall be administered by ANPAC. Such authorization shall be granted against payment of a royalty, the proceeds of which shall be used for cultural and welfare purposes for the benefit of the authors [1987 Article 8].
Citations
Sources
- Gabon Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
- Law No. 1/87 on the Establishment of the Protection for Copyright and Neighboring Rights[2], Gabon, 1987