共享资源:各地著作权法规/玻利维亚
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著作权法规： 玻利维亚 快捷方式: COM:玻利维亚 | |
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| 保护期限 | |
|---|---|
| 标准 | 作者逝世+50年 |
| 照片 | 创作或发表年份+50年 |
| 匿名 | 出版 + 50年 |
| 视听作品 | 创作或发表年份+50年 |
| 集体作品 | 创作或发表年份+50年 |
| 其他 | |
| 全景自由 | 是 |
| 截至年底 | 是 |
| 一般授权条款标签 | {{PD-Bolivia}} |
| 协议 | |
| 伯尔尼公约 | 1993年11月4日 |
| 世界著作权公约 | 1990年3月22日 |
| 世界贸易组织成员 | 1995年9月12日 |
| 乌拉圭回合协议法案回溯日期* | 1996年1月1日 |
| *只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。 | |
This page provides an overview of copyright rules of Bolivia relevant to uploading works into Wikimedia Commons. Note that any work originating in Bolivia must be in the public domain, or available under a free license, in both Bolivia 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 Bolivia, refer to the relevant laws for clarification.
背景
Bolivia was colonized by the Spanish in the early 16th century. It became independent on 6 August 1825.
Bolivia has been a member of the Universal Copyright Convention since 22 March 1990, the Berne Convention since 4 November 1993 and the World Trade Organization since 12 September 1995.[1] Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 copyright rules issued by that customs union.[2]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No.1322 of April 13, 1992, on Copyright as the main copyright law enacted by the legislature of Bolivia.[1] WIPO holds the text of this law in their WIPO Lex database.[3]
一般规则
Under Law No.1322 of April 13, 1992, on Copyright an author must be a natural person, but the Bolivian state and legal entities may exercise copyright as derived owners. Economic rights in a work may be transferred by contract in whole or part.
- Individual works are protected for 50 years after the death of the author.[1322/1992 Article 18]
- Joint works are protected for 50 years from the death of the last surviving author.[1322/1992 Article 18]
- Economic rights in collective audiovisual and photographic works, phonograms, broadcasting programs and computer or computing programs, shall last 50 years starting from their publication, exhibition, fixation, transmission and utilization, as appropriate, or, if they have not been published, since their creation.[1322/1992 Article 19]
- Anonymous and pseudonymous works are protected for 50 years after publication.[1322/1992 Article 19]
The time limits shall be calculated from the first day of January of the year following the author’s death or that of publication, exhibition, fixation, transmission, utilization or creation, as the case may be.[1322/1992 Article 19]
民俗：非自由
This Law shall be deemed to protect all those works considered as folklore: the body of literary and artistic works created on the national territory by authors who are unknown or who do not identify themselves and who are presumed to be nationals of the country or members of its ethnic communities and which is passed down from generation to generation, representing one of the fundamental elements of the nation’s traditional cultural heritage.[1322/1992 Article 21] Works of folklore, for the purposes of their utilization as literary and artistic works, shall be considered as works belonging to the national heritage, in accordance with the norms contained in Title XI of this Law, without prejudice to any norms of protection that may be adopted by other State institutions or through international agreements.[1322/1992 Article 22] Crafts and crafts designs shall be protected by the general norms of this Law, especially with regard to three-dimensional arts and the national heritage.[1322/1992 Article 23]
國家遺產和公共領域：不是免費的
参见：共享资源:付费公有领域
The following belong to the National Heritage: Works of folklore and traditional culture by unknown authors; Works whose authors have expressly waived their rights; Works of authors who have passed away without successors or successors in title; Works whose terms of protection as fixed by Articles 18 and 19 have expired; Patriotic and civic hymns and anything that has been taken up by any public or private institution. Foreign works whose term of protection has expired shall belong to the public domain.[1322/1992 Article 58] The utilization in any form or procedure of works from the National Heritage and the public domain shall be free, but anyone using such works for commercial purposes shall pay the State, in accordance with the provisions of the Regulations, a fee based on the fee for utilization of similar works covered by the private protection system.[1322/1992 Article 60] Income from the utilization of National Heritage works shall be earmarked exclusively for the promotion and dissemination of the country’s cultural values.[1322/1992 Article 61]
版权标签
参见：共享資源:著作權標籤
货币
参见：共享资源:货币
Unsure According to Article 8 of the Law No.1322 of April 13, 1992, on Copyright: "Only a natural person may be an author; however, the State, public law bodies and moral or legal entities may exercise copyright as derived owners, in accordance with the norms of this Law".[1322/1992 Article 8]
Article 5(i) of Law No. 1322 defines "derived work" as: "Any work arising from the adaptation, translation or other transformation of an original work, provided that it constitutes a separate creation".[1322/1992 Article 5(i)]
The copyright law has provisions giving copyright to the State in national folklore and when Bolivian nationals die without heirs, so it is not clear if the government's right to hold copyright extends to banknotes.
全景自由
参见：共享资源:全景自由
Law No.1322 of April 13, 1992, on Copyright does not give a freedom of panorama provision. However, Decision 351 of the Andean Community of Nations (of which Bolivia is part of) provides for a freedom of panorama provision.
邮票
参见：共享資源:郵票
The Law No.1322 of April 13, 1992 on Copyright states that copyright protection expires 50 years after the author's death calculated from 1 January following the year of death.[1322/1992 Article 18]
For "anonymous works ... and in pseudonymous works, the economic rights shall last 50 years after the works have been made known" also calculated from 1 January of the following year.[1322/1992 Article 19]
For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Bolivia}}.
原创门槛
参见：共享资源:原创门槛
參見
引用
- ↑ a b Bolivia (Plurinational State of) Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Cerda Silva, Alberto J. (2012) Copyright Convergence if the Andean Community of Nations[1], Intellectual Property Law Section of the State Bar of Texas
- ↑ Law No.1322 of April 13, 1992, on Copyright. Bolivia (1992). Retrieved on 2018-11-08.