Commons:Copyright rules by territory/Kiribati

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

Background

Kiribati is a sovereign state in Micronesia in the central Pacific Ocean. In 1892 the islands that now comprise Kiribati and Tuvalu became the British protectorate of the Gilbert and Ellice Islands, part of the part of the British Western Pacific Territories. In 1916 the Gilbert and Ellice Islands were made a British crown colony. In 1976 the Gilbert and Ellice islands became the separate colonies of Kiribati and Tuvalu. Kiribati became fully independent in 1979.

Kiribati has been a member of the Berne Convention since 2 January 2018 and WIPO Copyright Treaty since 22 June 2021.[1] As of 2020 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 2018 as the main IP law enacted by the legislature of Kiribati. It was effective 5 November 2018. This replaced the United Kingdom's 1917 Copyright Ordinance (Cap 16), revised and consolidated in 1998. Kiribati adopted parts of the Copyright Act 1956 of England, but not Section 22 of this Act.[1]

WIPO holds the text of the 2018 Copyright Act in their WIPO Lex database.[2] WIPO holds the text of the 1998 Kiribati law in their WIPO Lex database.[3] The full text of the Copyright Act, 1956 (United Kingdom) is available in Wikisource.[4]

Definition

Under the Copyright Act 2018, effective 5 November 2018, Section 3:[2]

"work"

(a) means an original work of any of the following - (i) an artistic work; (ii) a dramatic work (iii) a literary work (iv) a musical work (v) a film; (vi) a derivative work; (vii) a collective work; (viii) a typographical arrangement of a published edition; and
(b) includes a part of any work described in any of sub-paragraphs (i) to (viii) of paragraph (a); but
(c) does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature;

An artistic work means

(a) a building or model of a building; or
(b) any of the following whether or not the work has artistic merit -
(i) a painting, sculpture, drawing, illustration, sketch, engraving, etching, lithography, tapestry, woodcut, print photograph, collage, model, or other similar work;
(ii) a map, plan, chart, diagram, sketch technical drawing, illustration, or other similar work, or a 3-dimensional work, relating to architecture, geography, topography, or science;
(iii) a work of applied art, whether handmade or manufactured, that has utilitarian functions or that incorporated in a useful article (for example, an item of furniture, pottery, or weaving); and
(iv) any other work of artistic craftsmanship;

"collective" work means-

(a) work in which there are distinct contributions by different authors or in which works, or parts of works, of different authors are incorporated (for example, a newspaper); and
(b) a compilation of data (including those in electronic or other form readable by a computer or other machine).

General rules

Under the Copyright Act 2018, effective 5 November 2018, Section 13:[2]

(1) Copyright in a work (other than a work of applied art or a typographical arrangement of a published edition) exists-
(a) for the life of the author; and
(b) for 50 years from the end of the calendar year in which the author dies.
(2) If two or more individuals are the authors of a work, copyright in the work (other than a work of applied art or a typographical arrangement of a published edition) exists-
(a) for the life of the longest-surviving author; and
(b) for 50 years from the end of the calendar year in which that author dies.
(3) Copyright in a collective work (other than a work of applied art or a typographical· arrangement of a published edition) or film exists for 50 years from the end of the calendar year in which the latest of the following events occurred -
(a) the work was made;
(b) the work was first made available to the public; and
(c) the work was first published.
(4) Copyright in a work of applied art (including a collective work) exists for 25 years from the end of the calendar year in which the work was made.
(5) Copyright in a typographical, arrangement of a published edition of the whole or any part of a literary work, dramatic work, or musical work (including a collective work) exists for 25 years from the end of the calendar year in which the edition is first published.

Former rules

All rights protected under the former Copyright Ordinance Cap 16 continued to be recognized under the 2018 Act. By implication, rights that had expired were not retroactively restored by the 2018 Act.[2018 Art.50]

Under the former Copyright Act 1956 of England,

  • Copyright subsists in an original literary, dramatic or musical work for 50 years from the end of the calendar year in which the author died.[1956 Sec.2(1)]
  • An "artistic work" means any of paintings, sculptures, drawings, engravings and photographs, buildings or models for buildings, and works of artistic craftsmanship.[1956 Sec.3(1)]
  • Copyright subsists in an artistic work for 50 years from the end of the calendar year in which the author died.[1956 Sec.3(4)]
    • With an engraving, if before the death of the author the engraving had not been published, copyright subsists for 50 years from the end of the calendar year in which it is first published.[1956 Sec.3(4a)]
    • Copyright in a photograph subsists for 50 years from the end of the calendar year in which the photograph is first published.[1956 Sec.3(4b)]
  • Copyright subsists in a sound recording for 50 years from the end of the calendar year in which the recording is first published.[1956 Sec.12(3)]
  • Copyright in a film subsists for 50 years from the end of the calendar year in which it is registered.[1956 Sec.13(3a)]
  • Copyright in a television broadcast or sound broadcast subsists for 50 years from the end of the calendar year which the broadcast is made.[1956 Sec.14(2)]
  • Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, copyright subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Schedule.2(b))]

Government works

Under the 2018 Act, "work" does not include any work that is an official text, or a translation, of a legislative, administrative, or legal nature.[2018 Art.3] These are not protected.

Under the former Copyright Act 1956 of England,

  • For literary, dramatic or musical works made by or under the direction or control of Her Majesty or a Government department, copyright (a) where the work is unpublished, subsists so long as the work remains unpublished, and (b) where the work is published, subsists for 50 years from the end of the calendar year in which the work was first published.[1956 Sec.39(3)]
  • Copyright in an artistic work to which Her Majesty is entitled subsists for 50 years from the end of the calendar year in which the work was made.[1956 Sec.39(4)]

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama


OOjs UI icon close-ltr-destructive.svg Not OK: Under the Copyright Act 2018, effective 5 November 2018, Division 2 - Exceptions to copyright infringement, there is no exemption for copies of works situated in public places.

Under the former Copyright Act 1956 of England,

  • The copyright in a work which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematography film or in a television broadcast.[1956 Sec.9(4)]

See also

Citations

  1. a b Kiribati Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. a b c Copyright Act 2018. Kiribati (2018). Retrieved on 2021-01-09.
  3. Copyright Ordinance (Cap 16). Kiribati (1998). Retrieved on 2018-11-05.
  4. Copyright Act, 1956 (United Kingdom). Retrieved on 2019-03-16.
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