Commons:Copyright rules by territory/North Macedonia

From Wikimedia Commons, the free media repository
Jump to navigation Jump to search

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

Background

The region of the present North Macedonia was under Ottoman rule until the Balkan Wars of 1912 and 1913, when it came under Serbian rule. After World War I (1914–1918), it became part of the Kingdom of Yugoslavia, which became a republic in 1945 and then a federation of socialist republics. Macedonia declared independence on 8 September 1991 during the dissolution of Yugoslavia, and was renamed North Macedonia in 2019.

North Macedonia has been a member of the Berne Convention since independence by virtue of succession of the Socialist Federal Republic of Yugoslavia, and formally confirmed on 23 July 1993 that it was party to the treaty.[1] North Macedonia has belonged to the World Trade Organization since 4 April 2003 and the WIPO Copyright Treaty since 4 February 2004.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (2010) as the main copyright law enacted by the legislature of North Macedonia.[2] WIPO holds the text of this law in their WIPO Lex database.[3]

Grammatical changes were made to the law in October 2010.[4] Several further changes were made between 2011 and 2015, but these were mainly to do with broadcasting and collective rights management and apparently did not affect definitions of protected works or of durations of protection.[5]

Copyright works

A copyright work is an intellectual and individual creation in the field of literature, science and art, expressed in any manner and form.[2010 Art.12(1)] This includes, among other things, a written, spoken, musical, dramatic, photographic, audiovisual, fine art, architectural, applied art, or a cartographic work.[2010 Art.12(2)]

Durations

Under the Law on Copyright and Related Rights (2010),

  • Economic rights run for the life of the author and for 70 years after his death, unless otherwise provided.[2010 Art.55]
  • Where the work has been created by a number of co-authors, the term of duration is calculated from the death of the last surviving author.[2010 Art.56(1)]
  • For an audiovisual work, the duration is calculated from the death of the last survivor of the principal director, the author of the screenplay, the author of the dialogues and the composer of the music created specially for use in the audiovisual work.[2010 Art.56(2)]
  • Copyright of anonymous and pseudonymous works runs for 70 years after the lawful disclosure of the work, unless the identity of the author becomes known during this period.[2010 Art.57]
  • Where the term does not run from the death of the author or authors, and the work has not been lawfully disclosed, copyright runs for 70 years after its creation.[2010 Art.58]
  • The terms of duration of copyright protection run from 1 January of the year following the event which is the basis for calculation of the terms.[2010 Art.60]

Not protected

Shortcut

See also: Commons:Unprotected works

The following are not considered to be copyright works: 1. Ideas, theories, concepts, operation methodologies, or mathematical concepts, regardless of the manner of explanation or expression; 2. Official texts of a political, legislative, administrative and judicial nature and their official translations; 3. Daily and other news having the character of mere media information, miscellaneous facts and data; and 4. Ideas and concepts which underlie any element of a computer program, including the program components that enable connection and interaction between the elements of the software and of the hardware equipment (interfaces).[2010 Art.16]

Copyright tags

See also: Commons:Copyright tags

a) works of folk literature and folk art
b) a work of known authorship and the author died before January 1, 1946
c) an anonymous work and it was published before January 1, 1946
d) a photograph or a work of applied art published before January 1, 1971

Currency

See also: Commons:Currency

 Not OK According to the law for the National Bank of Macedonia, for each reproduction of the banknotes and coins that are in official use in Macedonia there should be an official written permission from the Bank itself. The Council of the Bank decides the ways and the procedures for publication of photos of the currency.[6]

Freedom of panorama

See also: Commons:Freedom of panorama

OK for 3D works {{FoP-North Macedonia}}  Not OK for 2D works (like maps and murals still under artists' copyright)

Under the Law on Copyright and Related Rights (2010),

  • The use of a copyright work without payment of remuneration shall apply to the following cases: ... Use of architectural or sculptural works permanently located in public places (streets, squares, parks, etc.);[2010 Art.52.1.11]

See also

Citations

  1. Berne Notification No. 149 ... Declaration by the Republic of Macedonia (the former Yugoslav Republic). WIPO. Retrieved on 2020-03-31.
  2. a b North Macedonia : Copyright and Related Rights (Neighboring Rights). WIPO (2018). Retrieved on 2020-03-31.
  3. Law on Copyright and Related Rights. Republic of Macedonia (2010). Retrieved on 2018-11-13.
  4. Correction of the Law on Copyright and Related Rights. Macedonia (2010). Retrieved on 2018-11-13.
  5. Law on Copyright and Related Rights. WIPO (2018). Retrieved on 2018-11-13.
  6. Banking Law. National Bank of Macedonia. (Dead link)
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