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Commons:Copyright rules by territory/Madagascar

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Copyright rules: Madagascar
Shortcut: COM:MADAGASCAR
Flag of Madagascar
Map of Madagascar
Durations
StandardLife + 70 years
AnonymousPublish + 70 years
PosthumousPublish + 70 years
Other
Freedom of panoramaNo
Terms run to year endYes
Common licence tags{{PD-Madagascar}}
ISO 3166-1 alpha-3MDG
Treaties
Berne convention1 January 1966
WTO member17 November 1995
URAA restoration date‌*1 January 1996
WIPO treaty24 February 2015
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1929 and protected in the country of origin on the URAA date.

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

Background

Madagascar became a French colony in 1897.The country regained independence in 1960.

Madagascar has been a member of theBerne Convention since 1 January 1966, theWorld Trade Organization since 17 November 1995 and the WIPO treaty since 24 February 2015.[1]

As of 2018 theWorld Intellectual Property Organization (WIPO), an agency of the United Nations, listedLaw No. 94-036 of September 18, 1995, on Literary and Artistic Property as the main copyright law enacted by the legislature of Madagascar.[1]WIPO holds the text of this law in theirWIPO Lex database.[2]The law repealedLaw No. 57-298 of March 11, 1957, on Literary and Artistic Property.

General rules

UnderLaw No. 94-036 of 18 September 1995 on Literary and Artistic Property,

  • An author shall enjoy the exclusive right to exploit his work during his lifetime. On his death, this right shall subsist for the benefit of his successors in title during the current calendar year and the 70 following years.[94-036/1995 Article 52]
  • For works of collaboration, the calendar year taken into account shall be that of the death of the last surviving collaborator.[94-036/1995 Article 53]
  • For pseudonymous or anonymous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 54]
  • For staggered publications, Article 52 shall apply to each publication and not to the series as a whole.[94-036/1995 Article 55]
  • For posthumous works, the duration of the exclusive right shall be 70 years from the first of January of the calendar year following publication.[94-036/1995 Article 56]

Freedom of panorama

Shortcut

See also:Commons:Freedom of panorama

 Not OK, noncommercial only and/or if the architecture or public art is not the main subject.

There is no Commons-usable freedom of panorama in Madagascar, as perLaw No. 94-036 of 18 September 1995 on Literary and Artistic Property:"... it shall be permitted, without authorization from the author and without payment of remuneration, to reproduce, ... or to communicate by cable to the public an image of a work of architecture, a work of fine art, a photographic work and a work of applied art that is permanently located in a place open to the public, save where the image of the work is the main subject of this reproduction, broadcast or communication and where it is not used for commercial purposes".[94-036/1995 Article 48]

See also

Citations

  1. abMadagascar Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on2018-11-03.
  2. Law No. 94-036 of September 18, 1995, on Literary and Artistic Property. Madagascar (1995). Retrieved on2018-11-03.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely.See also:Commons:General disclaimer
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Retrieved from "https://commons.wikimedia.org/w/index.php?title=Commons:Copyright_rules_by_territory/Madagascar&oldid=877553952"
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