Official_text_copyright

Copyright of official texts

Copyright of official texts

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Official texts, as defined in Article 2(4) of the Berne Convention for the Protection of Literary and Artistic Works, are texts of a legislative, administrative and legal nature (e.g. statute laws, administrative regulations and court decisions) and the official translations of such texts.

The Convention indicates that it shall be left to the discretion of each member country of the Berne Convention to determine the protection to be granted to such official texts in that country.

Generally, member countries of the Convention include official texts in the public domain. However, the governments of the United Kingdom and some Commonwealth countries claim a Crown copyright in their works. Many republics of the Commonwealth also copyright their official works, though they have no crown copyright.

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Notes and references

  1. The Copyright Law of the People's Republic of China is inapplicable in Hong Kong and Macau because it is not listed in Annex III of the Hong Kong Basic Law or Annex III of the Macau Basic Law.
  2. Pursuant to S. 52(1)q.(iii) of the Copyright Act, 1957 Archived 2004-11-29 at archive.today, the reproduction or publication of the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature does not infringe copyright, unless the reproduction or publication of such report is prohibited by the Government.
  3. Where the official texts incorporate protected works, these may be used by public services within their area of concern without the author’s consent and without any right being thereby conferred on him.
  4. Unpublished governmental literary, dramatic and musical works are under perpetual copyright if never published.
  5. Works created by the several states may be eligible for copyright depending on laws that vary from state to state.
  6. Not copyrightable for reasons of public policy, whether such works are Federal, State, or local as well as to those of foreign governments.
  7. However, Art. 138, Ley sobre el Dercho de Autor as modified by the Decreto del 14 de agosto de 1993, requires specific official permission for the publication of a collection of Venezuelan laws or of public treaties entered into by the Republic or of national court rulings. The permission is to get specific official value of the collection after review for accuracy. Failure to have such a permission makes the work not authorized and without official value.

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