Commons:Copyright rules by territory/Isle of Man

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

Background

The Isle of Man is a self-governing British Crown dependency in the Irish Sea between Great Britain and Ireland.

The relevant copyright law is The Copyright Act 1991, as amended up to the Copyright (Amendment) Regulations 2013.[1] This act replaced the United Kingdom's Copyright Act 1956. The Copyright Act 1991 was largely based on the United Kingdom's Copyright, Designs and Patents Act 1988 (Part I) Subsequent amendments have extended the duration of copyright and covered electronic transmission of works.[1]

A copy of The Copyright Act 1991 is held on the Isle of Man legislation website.[2] The Tynwald website holds the Copyright (Amendment) Regulations 2013, effective 1 April 2013, which give changes that are not reflected in the text of th 1991 act.[3]

Durations

Under The Copyright Act 1991, as amended up to 2013,

  • Copyright in a literary, dramatic, musical or artistic work expires 70 years from the end of the calendar year in which the author dies.[1991-2013 Sec.12(2)]
  • If the work is of unknown authorship, copyright expires (a) 70 years from the end of the calendar year in which the work was made, or (b) if during that period the work is made available to the public, 70 years from the end of the calendar year in which it is first so made available.[1991-2013 Sec.12(3)]
  • If the work is computer-generated the above provisions do not apply and copyright expires 50 years from the end of the calendar year in which the work was made.[1991-2013 Sec.12(7)]
  • The above (Section 12) does not apply to Crown copyright or Tynwald copyright (see sections 156 to 159).[1991-2013 Sec.12(9)]
  • The copyright in a sound recording expires at the later of (a) 50 years from the end of the calendar year in which the recording is made, or (b) 50 years from the end of the calendar year in which it is first published, or made available to the public.[1991-2013 Sec.13(2)]
  • Copyright in a film expires 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons (a) the principal director, (b) the author of the screenplay, (c) the author of the dialogue, or (d) the composer of music specially created for and used in the film.[1991-2013 Sec.13A(2)]

Under The Copyright Act 1991,

  • Where a work is made by Her Majesty or by an officer or servant of the Crown in the course of his duties (a) the work qualifies for copyright protection notwithstanding section 148(l) (ordinary requirement as to qualification for copyright protection), and (b) Her Majesty is the first owner of any copyright in the work.[1991-2013 Sec.156(1)]
  • Copyright in such a work is referred to in this Act as “Crown copyright”, notwithstanding that it may be, or have been, assigned to another person.[1991-2013 Sec.156(2)]
  • A map prepared in pursuance of the Isle of Man Survey Act 1991 shall be deemed to be such a work as is mentioned in subsection (1).[1991-2013 Sec.156(2A)]
  • Crown copyright in a literary, dramatic, musical or artistic work continues to subsist (a) until the end of the period of 125 years from the end of the calendar year in which the work was made, or (b) if the work is published commercially before the end of the period of 75 years from the end of the calendar year in which it was made, until the end of the period of 50 years from the end of the calendar year in which it was first so published.[1991-2013 Sec.156(3)]

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

OK For buildings, sculptures and works of artistic craftsmanship. Under The Copyright Act 1991,

  • This section applies to (a) buildings, and (b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.[1991-2013 Sec.62(1)]
  • The copyright in such a work is not infringed by (a) making a graphic work representing it, (b) making a photograph or film of it, or (c) making a broadcast of a visual image of it.[1991-2013 Sec.62(2)]
  • Nor is the copyright infringed by the issue to the public of copies, or the communication to the public, of anything whose making was, by virtue of this section, not an infringement of the copyright.[1991-2013 Sec.62(31)]

See also

Citations

  1. a b Legislation. Isle of Man. Retrieved on 2019-03-20.
  2. Copyright Act 1991. legislation.gov.im. Retrieved on 2019-03-30.
  3. Copyright (Amendment) Regulations 2013. Tynwald. Retrieved on 2019-03-30.
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