Global Copyright Law: Whose Rules Apply?

Copyright law varies from country to country and is not protected by statute worldwide. Each country has its own unique copyright laws that govern intellectual property within its borders. This means that an author's copyright in one country may not be valid in another. While some countries have treaties that agree on how they will recognize each other's copyrights, the specific laws can differ greatly. For example, the duration of copyright, what material is subject to copyright protection, and the requirements for demonstrating authorship can vary. As technology has made it easier to share work globally, understanding which country's copyright laws apply has become increasingly important for creators seeking to protect their work internationally.

International copyright conventions and treaties

International copyright law is based on treaties, which means that no creative work is automatically protected in every country of the world. However, several key international treaties attempt to ensure uniformity among member states. The basic rights are the same in most countries due to international conventions and agreements that provide a common framework that national legislation must follow to ensure countries respect the rights of foreign authors.

The Berne Convention for the Protection of Literary and Artistic Works (also referred to as the Berne Convention) is the main international convention governing copyright. As of November 2020, 179 countries are signatories to the Berne Convention. The convention requires protection for all creative works in a fixed medium to be automatic and to last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a minimum of 25 years, while cinematographic works are protected for 50 years after the first showing or 50 years after creation if it has not been shown within 50 years. The Berne Convention also allows for the rule of the shorter term, stating that the term of protection "shall not exceed the term fixed in the country of origin of the work". Not all countries have applied this rule, however.

The Buenos Aires Convention (Third Pan-American Convention) was signed by most North and South American countries. It allows for the protection of all creative works as long as they contain a notice informing that the creator claims copyright on it. The Buenos Aires Convention also instituted the rule of the shorter term, where the length of the copyright term for the work in a country was whichever was shorter – the length of the term in the source country or the protecting country of the work. All Buenos Aires countries are now also parties to the Berne Convention, but elements from Buenos Aires are still used in the modern era, such as the rule of the shorter term.

The Universal Copyright Convention (UCC) has lost significance since almost all members are also members of the Berne Convention or TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights). TRIPS is an agreement between all the member nations of the World Trade Organization (WTO). As of July 2016, the WTO had 164 members and 23 observers.

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that deals with the protection of works and the rights of their authors in the digital environment.

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled allows for government-authorised entities to reproduce and distribute accessible versions of books to people who are blind, visually impaired, or have another disability that impairs their ability to read.

Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern. The convention was attended by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work.

The Berne Convention introduced the concept that protection exists the moment a work is "fixed", that is, written or recorded on some physical medium, and its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires. A creator need not register or "apply for" a copyright in countries adhering to the convention. It also enforces a requirement that countries recognise the rights held by the citizens of all other parties to the convention. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that ratified the convention.

The Berne Convention requires its parties to recognise the protection of works of authors from other parties to the convention at least as well as those of its own nationals. For example, French authors' rights law applies to anything published, distributed, performed, or in any other way accessible in France, regardless of where it was originally created, if the country of origin of that work is in the Berne Union.

The Berne Convention includes a number of specific exceptions, scattered in several provisions due to the historical reason of Berne negotiations. For example, Article 10(2) permits Berne members to provide for a "teaching exception" within their copyright statutes. The exception is limited to a use for illustration of the subject matter taught and it must be related to teaching activities.

The Berne Convention was developed at the instigation of Victor Hugo of the Association Littéraire et Artistique Internationale. Thus it was influenced by the French "rights of the author" (droits d'auteur), which contrasts with the Anglo-Saxon concept of "copyright" which only dealt with economic concerns.

WIPO Copyright Treaty

Copyright law varies from country to country, and there is no international copyright that will automatically protect an individual author's work worldwide. Each country has its own unique copyright laws that govern intellectual property within that country. A country's copyright laws only apply to works created and used in that country.

The WIPO Copyright Treaty (WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It is a special agreement under the Berne Convention, which deals with the protection of works and the rights of their authors in the digital environment. The WCT emphasizes the incentive nature of copyright protection, claiming its importance to creative endeavours.

The WCT provides additional protections for copyright beyond what is offered by the Berne Convention, in recognition of advances in information technology since the formation of previous copyright treaties. It ensures that computer programs are protected as literary works (Article 4), and that the arrangement and selection of material in databases are protected (Article 5). It grants authors control over the rental and distribution of their works (Articles 6 to 8), and prohibits the circumvention of technological measures for the protection of works (Article 11) and the unauthorized modification of rights management information contained in works (Article 12).

As of August 2023, the WCT has 115 contracting parties. The treaty has been criticized for being too broad and for applying a "one-size-fits-all" standard to all signatory countries, despite their differing stages of economic development and knowledge industry.

WIPO Performances and Phonograms Treaty

The WIPO Performances and Phonograms Treaty (WPPT) is an international treaty that came into effect on 20 May 2002. It deals with the rights of two types of beneficiaries, especially in the digital environment:

• Performers (actors, singers, musicians, etc.)
• Producers of phonograms (persons or legal entities responsible for sound fixation)

The treaty aims to develop and maintain the protection of these rights as effectively and uniformly as possible. It was adopted without disturbing the existing obligations that contracting parties have under the International Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, also known as the Rome Convention (1961).

The WPPT grants performers economic rights in their performances fixed in phonograms, excluding audiovisual fixations like motion pictures. These rights include reproduction, distribution, rental, and making available. For unfixed or live performances, the treaty grants performers the right to broadcast and communicate to the public, excluding rebroadcasting, as well as the right to fixation.

Additionally, the treaty grants performers moral rights, including the right to claim identification as the performer and the right to object to any distortion or modification that could harm their reputation.

In terms of producers of phonograms, the treaty grants them economic rights in their phonograms, encompassing reproduction, distribution, rental, and making available.

The WPPT also incorporates the "three-step test" in Article 16 to determine limitations and exceptions, as outlined in Article 9(2) of the Berne Convention. This test extends to all rights and allows for the application of such limitations and exceptions in the digital environment, as per the accompanying Agreed Statement.

The treaty mandates a minimum term of protection of 50 years. It obliges contracting parties to provide legal remedies for technological measure circumvention and the removal or alteration of information, such as performer identification.

As of August 2023, the WPPT has 112 contracting parties, including States members of the World Intellectual Property Organization (WIPO) and the European Community.

Country-specific copyright terms

The copyright laws of a country are only applicable within its borders. This means that the copyright an author holds in one country may not be valid in another. The specific laws of a country may differ in terms of what material is subject to copyright, who is considered the author, what formalities must be followed, and how long copyright protection lasts.

Afghanistan

Copyright is not protected by law in Afghanistan.

Albania

Copyright protection has expired in Albania.

Algeria

• For photographs published before 1987.
• For other works.

Argentina

• For Argentinian photographs first published more than 25 years ago.
• For Argentinian and cinematographic works 50 years after the death of the scriptwriter, producer, and director.
• For Argentinian music first published more than 70 years ago.
• For free music performances by musical ensembles belonging to national, provincial, or municipal governments.
• For anonymous works belonging to an institution, corporation, or legal entity, registered in Argentina, and published 50 years ago or more.
• For road signs published in laws or other regulations.
• For contents from the Argentine Deputies Chamber website.
• For contents from the Argentine Senate website.
• For contents from the Presidency of Argentina website after 9 December 2015.
• For contents from the Presidency of Argentina website before 9 December 2015.

Armenia

• For anonymous or pseudonymous works 70 years after creation.
• For other works, 70 years after the death of the (last-surviving) author.
• For "expressions of traditional folklore and art" or "political speeches, speeches delivered in the court," or "official documents, legal acts, treaties, and the official translations thereof, state emblems, and signs (flags, coats of arms, medals, monetary signs, etc.)".

Australia

No information available.

Austria

• For parts of laws, ordinances, or official decrees issued by an Austrian federal or state authority, and for works of those authorities intended predominantly for official use.
• For road signs published in ordinances or other regulations.

Azerbaijan

• For official documents (laws, court decisions, other texts of legislative, administrative, or judicial character) and official translations thereof.
• For state emblems and official signs (flags, armorial bearings, decorations, monetary signs, and other state symbols and official signs).
• For works of folklore, which have no signs of Article 5 of this law.
• For communications concerning events and facts that have informational character.

Bahrain

• For films, 70 years from publication.
• For other works, 70 years after the author's death.

Bangladesh

• For photographs and films, 60 years starting from the end of the year they were produced.
• For other works, 60 years after the death of the author, or last-surviving author.

Belarus

• For works, 50 years after the author's (or last-surviving co-author's) death, or 50 years after the first legal publication of the work published under pseudonym or anonymously.
• For formal documents (laws, judgements, other texts of legal, administrative, and judicial nature), and also their official translations.
• For state symbols and signs (flag, coat of arms, anthem, awards, banknotes, and other signs).
• For works of folk arts, authors of which are not known.

Belgium

• For municipal coats of arms from the Flemish region.
• For municipal flags from the Flemish region.
• For official products of the Belgian government.

Bolivia

No information available.

Bosnia and Herzegovina

For works exempt from copyright under Bosnia and Herzegovina law (“ideas, plans, …, official texts, …, professional reports, …” – see license template for details).

Brazil

• For works published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983, or the text of a treaty, convention, law, decree, regulation, judicial decision, or other official enactment.
• For non-artistic photographs produced until 19 June 1998.
• For Brazilian photographs and audiovisual works first published more than 70 years ago.
• For Brazilian photographic works published/created before 1998, whose author died before 1936, or anonymous works published before 1936.
• For Brazilian audiovisual works created before 1936 that entered the public domain 60 years after creation.
• For works preserved by the Brazilian National Archives.

Brunei

No information available.

Bulgaria

• For works exempt from copyright under Bulgarian law.
• For government works exempt from copyright under Bulgarian law.
• For works published on the website of the Bulgarian Ministry of Foreign Affairs.
• For works published on the website of the Administration of the President of the Republic of Bulgaria.

Cambodia

• For works where the (last-surviving) author has been dead for over 50 years.
• For collective, anonymous, pseudonymous, or collective audiovisual works, 75 years after creation or publication.
• For works ineligible for copyright because they are: "Constitution, Law, Royal Decree, Sub-Decree, ... other Regulation, ... Proclamation (Prakas), decision, certificate, other instructed circulars issued by state organizations" and "Court decision or other court warrants" including translations thereof or "Idea, formality, method of operation, concept, principle, discovery, or mere data, even if expressed, described, explained, or embodied in any work."

Canada

• For government images and other works first published over 50 years ago.
• For photographs created before 1949.
• For works where the author died before 1972.
• For works where the author or authors are unknown, and the work was published before 1970 or created before 1945.
• For Crown copyright works over 50 years old.
• For stamps over 50 years old.

Chile

No information available.

China

• For images in the public domain according to the People's Republic of China (mainland) and the Republic of China (Taiwan).
• For movies or images from movies published in China more than 50 years ago according to Mainland China and Taiwan.
• For the Government Gazette from January to March 1916 (Hongxian Year 1) by the Empire of China.
• For images of Manchukuo stamps that are now in the public domain in China.

Colombia

• Generally, 80 years after the author's death or 80 years after publication of audiovisual works, collective works, and anonymous works.
• In all cases where a work has a legal entity or an official body or any institution under government public law as its owner, the term of protection is deemed to be 70 years from the date of publication.

Costa Rica

No information available.

Croatia

• For works exempt from copyright under Croatian law.
• For works whose author died before 1949 or published before 1949 if anonymous (public domain prior to the introduction of the new law in 1999).

Cuba

For works made in Cuba whose copyright has expired.

Czech Republic

• For public domain Czech official works, state symbols, etc.
• For Czech currency.
• For public domain works that are 70+ years old and the author is unknown.

Democratic Republic of the Congo

• For all anonymous or pseudonymous works published 50 years ago.
• For works where 50 years have passed since the death of the author.
• For photographs where 25 years have passed since publication.
• For "official acts of authority" that are ineligible for copyright protection.

Denmark

• For "photographic works of art" in the public domain according to Danish law.
• For "photographic images not considered to display artistic merit or originality" that were created before 1 January 1970.
• For "acts, administrative orders, legal decisions, and similar official documents," but not "works appearing as independent contributions in the [aforementioned] documents."
• For media in either full extent or partially based on Danish Geodata Agency open public geographic data.
• For media in either full extent or partially based on information from Statistics Denmark.
• For works where all authors have been dead for 70 years, which is the maximum amount of copyright allowed according to the 2023 law.

Djibouti

For works made in Djibouti whose copyright has expired (50 years after the author's death, or 25 years after creation for photographic works). The Republic of Djibouti, being the successor state of French Somaliland (Côte française des Somalis) and the French Territory of the Afars and the Issas, applies this rule to works published in those territories as well.

Egypt

• For all works other than those listed below.
• For works deemed part of Egypt's national folklore.
• For official documents.
• For Egyptian stamps published prior to 1946.

Estonia

Copyright does not apply to:

• Works of folklore.
• Legislation and administrative documents, court decisions, and official translations thereof.
• Official symbols of the state and insignia of organizations.
• Freedom of panorama is restricted to non-commercial uses only, or to overview photos.

Ethiopia

• Generally, 50 years after the author's death, or from the making of an audiovisual work or communication of said work to the public, whichever date is the latest.
• For photographic works, 25 years from the making of the work.

Faroe Islands

For stamps by the Faroe post office in the public domain.

Fiji

For photographs at least 50 years after production.

Finland

• For photographic simple images in the public domain according to Finnish law.
• For works of art (photographic included) in the public domain according to Finnish law.
• For laws, statements, and decisions of Finnish officials.
• For Finnish coats of arms of municipalities, districts, or administrative or historical provinces.
• For postage stamps published before 1 January 1990.
• For archives material from the digital database of the Finnish National Archives Service.
• For records from the Raita database.

France

• For works where the author(s) died more than 70 years ago and did not benefit from any copyright extension.
• For anonymous, pseudonymous, or collective works where more than 70 years have passed since publication.
• For the recording of an audiovisual or musical work already in the public domain, and more than 50 years have passed since the performance or recording.
• For pictures from the site Archives Normandie 1939-45. Pictures credited to the National Archives USA or the National Archives Canada and tagged "libres de droits" are in the public domain.
• For French official legal texts as published in the Journal officiel de la République Française or reprinted on Légifrance.
• For an ineligible work for copyright and therefore in the public domain because it is a legally valid French identity photograph.
• For documents issued under the Licence Ouverte (for example, from http://data.gouv.fr).
• For extracts from a video, text, or infographic issued on the French government's website.

Gambia

No information available.

Georgia

• For official documents (laws, decisions of courts, other texts of administrative and normative character), as well as their official translations.
• For official symbols of the state (flag, emblem, anthem, award, monetary symbols, other official signs, and symbols of the state).
• For information on events and facts.
• For works first published in Georgia and now in the public domain because a copyright protection has expired by virtue of the Law of Georgia on Copyright and Neighboring Rights.

Germany

• For public domain images from German statutes or other regulations.
• For publicly available service regulations ("Zentrale Dienstvorschrift") of the German Armed Forces (Bundeswehr).
• For German coats of arms of corporations governed by public law that are in the public domain according to German law because they are official works.
• For German flags of corporations governed by public law that are in the public domain according to German law because they are official works.
• For German seals of corporations governed by public law that are in the public domain according to German law because they are official works.
• For road signs published as statutes or other regulations.
• For current German stamps.
• For German stamps released as Deutsche Bundespost.
• For German stamps released as Deutsche Post der DDR.
• For images from the 4th edition of Meyers Konversationslexikon (1885–90).
• For literary works, works of music, and scientific or technical images published by a legal entity under public law more than 70 years ago that do not mention the author.
• For photographs and works of art published by a legal entity under public law more than 70 years ago that do not mention the author.
• For data from German authorities, very similar to CC BY-SA.
• For data from German authorities, very similar to CC0.

Greece

For images that are part of official legislative, administrative, or judicial documents issued by the Greek government.

Haiti

• General copyright protection lasts for 60 years.
• For photographic works, protection is for 25 years after the end of the year the work was created.

Hong Kong

For works with expired copyright.

Hungary

• For works when a work is in the public domain in Hungary.
• For works not eligible for copyright in Hungary.
• For official coats of arms of Hungarian cities.
• For anonymous works published before 1943.
• For photos taken by a staff photographer of the Hungarian Government and is part of the Ajka red sludge accident photo series.
• For works released into the public domain by their creators when the creators are Hungarian Wikipedia users.

Iceland

• For Icelandic photos not considered to be "works of art" 50 years after they were created.
• For official documents of Iceland or their translations.
• For works covered under the Icelandic government tag, certain debates, and legal proceedings, except collections of a single author's works.
• For depictions of Icelandic road signs by Vegagerðin.
• For works of art first published over 70 years ago where the author is unknown.
• For Icelandic currency designed over 70 years ago.
• For images of Icelandic stamps more than 70 years old.

India

• For public domain images and sounds, 60 years after the end of the year of first publication for anonymous and government works, and a few other categories, provided that the subject matter of the photo or recording is also not protected by copyright. Otherwise, the public domain is 60 years after the author's death.
• For photographs created before 1958, which are in the public domain 50 years after creation.
• For works that are public domain in the United States because they were first published in India (and not published in the U.S. within 30 days) and were first published before 1978 without complying with U.S. copyright formalities or after 1978 without copyright notice, and were in the public domain in their home country, India, on the URAA date of 1 January 1996.
• For edicts of the Government of India whose copyright has not expired. Subject to restrictions, these include laws, judgements, and Reports on the Table of the Legislature.
• For works from the Indian Navy.
• For works from the Indian Army.
• For works by the Government of India, only the central government, not state governments.
• For works in the public domain because they were nationalized by the Tamil Nadu Government and released into the Public Domain.

Indonesia

• For works published and/or distributed by the government of the Republic of Indonesia and fulfill the conditions of Article 43 of the 2014 Copyright Law.
• For works whose copyright has expired according to Article 58 of the 2014 Copyright Law.
• For works whose copyright has expired according to Article 59 of the 2014 Copyright Law.
• For works by unknown authors whose copyright has expired according to section (2) and (3) from Articles 60 of the 2014 Copyright Law.
• For works with no copyright according to Article 42 of the 2014 Copyright Law.

Iran

For photographs and movies, copyright lasts 30 years from the date of publication or presentation.

Iraq

For photos, 50 years after publication, starting from the publication date.

Ireland

• Irish government works are generally released to the public domain 50 years after creation.
• For works whose author remains unknown and at least 70 years have passed since it was made available to the public.

Israel

According to Israel's copyright law:

• Works are released to the public domain 70 years after their author's death, starting from 1 January following the date of death.
• Photographs taken before May 2008 are released to the public domain 50 years after their creation, starting from 1 January following the day the photograph was taken.
• Photographs taken by a public authority (i.e. the government and its affiliated bodies) are released to the public domain 50 years after their publication, starting from 1 January following the date of the first publication.
• According to the new Israeli copyright law, effective since May 2008, photographs are no longer an exception, and are released to the public domain 70 years after their photographer's death, unless taken by a public authority, in which case the previous arrangement remains.
• For the expiration of the State of Israel's copyrights.
• For Israeli banknotes and coins.
• For a flag, emblem, coat of arms, or some other official symbol which was declared a protected symbol in

Frequently asked questions