Commons:Copyright rules by territory/Federated States of Micronesia

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

Background

During the colonial era the islands of today's Federated States of Micronesia were controlled in turn by Spain, Germany and Japan. After World War II they were assigned in 1947 to the United States as part of the Trust Territory of the Pacific Islands. On 10 May 1979 four of the Trust Territory districts became the Federated States of Micronesia (FSM). Palau, the Marshall Islands and the Northern Mariana Islands chose not to participate. Micronesia formally became independent under international law in 1990.

Micronesia has been a member of the Berne Convention since 7 October 2003.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2003 FSMC (Code of the Federated States of Micronesia), Title 35. Copyright, Patents & Trademarks, Chapter I: Copyrights as the main IP law enacted by the legislature of Micronesia.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

According to the 2003 law, a work first published in the Micronesia is now in the public domain if it meets one of the following criteria:

  • It is an anonymous or pseudonymous work or a work made for hire and 75 years have passed since the year of its publication, or 100 years have passed since the year of its creation, whichever expires first.
  • It is another kind of work, and 50 years have passed since the year of death of the author (or last-surviving author)
  • It is "any work of the Federated States of Micronesia Government"

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama


OOjs UI icon close-ltr-destructive.svg Not OK the listed exceptions in the 2003 law (from § 107. to § 109) do not include a provision resembling freedom of panorama. Sec. 107 talks about fair use, Sec. 108 states about noncommercial reproduction by libraries and archives, and Sec. 109 speaks of other limitations on exclusive rights of specific works which are to be "prescribed by the Attorney General in rules and regulations consistent with sections 107 and 108 of this chapter."

OOjs UI icon check-constructive.svg OK Buildings completed before July 2003. Sec. 102 lists "pictorial, graphic, and sculptural works" as objects of copyright, but not architecture. It is defined in Sec. 101 as including "two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models."

Pictogram-voting-question.svg Maybe Buildings completed after July 2003. Theoretically, such buildings may not be copyrighted, though the country joined the Berne Convention (which includes protection of architectural works) in July 2003.

Citations

  1. a b Micronesia Copyright and Related Rights (Neighboring Rights)[1], WIPO: World Intellectual Property Organization, 2018
  2. FSMC (Code of the Federated States of Micronesia), Title 35. Copyright, Patents & Trademarks, Chapter I: Copyrights[2], Micronesia, 2003
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