Commons:Copyright rules by territory/Mauritania

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

Background

France began to extend its control north from the Senegal River area into what is now Mauritania in the late 19th century. Mauritania was part of French West Africa from 1920. The country gained independence in 1960.

Mauritania has been a member of the Berne Convention since 6 February 1973, the Bangui Agreement since 8 February 1982 and the World Trade Organization since 31 May 1995.[1]

As of 2024 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 2012-038 of July 17, 2012, on Literary and Artistic Property as the copyright law enacted by the legislature of Mauritania.[1] WIPO holds a copy of the French text in its database.[2]

However, a report on Mauritania on the World Trade Organization (WTO) website (as last revised in 2018) stated that the implementing legislation had not yet been adopted.[3]

General rules

According to the 2012 copyright act Loi No 2012-038 relative à la propriété littéraire et artistique,

  • Protection lasts for 70 years after the death of the author.[2012-038 Art. 53]
  • For joint works, protection lasts for 70 years after death of the last surviving author.[2012-038 Art. 54]
  • For collective and audiovisual works, protection lasts for 70 years after creation, public disclosure if within 70 years of creation or publication if within 70 years of creation, whichever is latest.[2012-038 Art. 55, 57]
  • For pseudonymous, collective or posthumous work, protection last for 70 years after the date of its publication or creation, whatever is the latest.[2012-038 Art. 56, 59]
  • In the case of photographic works and works of applied art, protection lasts for 70 years after the date of creation.[2012-038 Art. 58]

All terms run to the end of the year in which they expire.

Traditional cultural heritage and national works: not free

See also: Commons:Paying public domain

The 2012 copyright law gives protection to works of traditional cultural heritage and national works that have fallen into the public domain.[2012-038 Art. 8]

  • Traditional cultural heritage works consist of works of classical folk music; musical works and folk songs; popular expressions, created, developed and perpetuated within the national community and characteristic of the country's traditional culture; stories, poetry, dances and popular performances; works of popular art such as drawing, painting, engraving, sculpture, pottery and mosaic; work on metal objects, wood, jewelry, basketry and needlework, carpets and textiles.[2012-038 Art. 8]
  • National works that have fallen into the public domain shall consist of literary or artistic works whose term of protection of economic rights for the benefit of their author and rights holders under the provisions of this law has come to an end.[2012-038 Art. 8]

The Copyright and Neighboring Rights Unit is responsible for protecting works in the public domain and works of traditional cultural heritage.[2012-038 Art. 139] Exploitation of these works is subject to authorization granted by the Copyright and Neighboring Rights Unit. When the exploitation is for profit, the Unit receives a royalty.[2012-038 Art. 140] The royalties are intended to finance the recording and preservation of these works.[2012-038 Art. 140]

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

OK in most places.

Reproduction or communication to the public of a work of architecture or the fine arts, a work of the applied arts or a photographic work shall be considered lawful, without permission of the author or remuneration, if it is permanently located in a public place, with the exception of art galleries, museums and classified cultural and natural sites.[2012-038 Art. 47]

Citations

  1. a b Mauritania Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
  2. Law No. 2012-038 of July 17, 2012, on Literary and Artistic Property. Mauritania (2012). Retrieved on 2024-07-17.
  3. Examen des Politiques Commerciales. Rapport du Secrétariat. Mauritanie (in French). World Trade Organization. Retrieved on 2019-03-31.
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