Commons:Норми авторського права за територією/Ніуе

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

Niue is an island country in the South Pacific Ocean. Niue was brought within the boundaries of New Zealand on 11 June 1901 by the same Order and Proclamation as the Cook Islands. The New Zealand Parliament restored self-government in Niue with the 1974 constitution. It is now a self-governing state in free association with New Zealand. It is not a member of the United Nations.

Niue has been a member of the Berne Convention since 24 September 2016 and the WIPO Copyright treaty since 8 January 2015.^[1][2]

As of 2019 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the laws of Niue as of 2006. None covered copyright, but under the Niue Act 1966, Section 737 Protection of intellectual property, "A copyright, design, patent, or trademark protected by New Zealand law shall be accorded the same protection by the courts of Niue as that available in New Zealand under the laws of New Zealand for the time being in force."^[3] The Copyright Act 1962 of New Zealand thus presumably applies on Niue.^[4]

Under the Copyright Act 1962,

• Where copyright subsists in any literary, dramatic, musical, or artistic work (other than a photograph),^{[1962 Sec.8(1)]}
  • If in the lifetime of the author the work has been published or performed in public or included in a broadcast, or records of the work have been offered for sale to the public, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the author died, and shall then expire.^{[1962 Sec.8(1a)]}
  • If in the lifetime of the author none of the acts mentioned in paragraph (a) of this subsection has been done, that copyright shall continue to subsist until the end of the period of seventy -five years from the end of the calendar year in which the author died, and shall then expire.^{[1962 Sec.8(1b)]}
  • Provided that, if any of those acts has been done after the death of the author, copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which one of those acts has first been done, or the end of the period of seventy-five years from the end of the calendar year in which the author died, whichever period is the shorter.^{[1962 Sec.8(1)]}
• Where copyright subsists in any photograph, that copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the original photograph was taken and shall then expire.^{[1962 Sec.8(2)]}
• Where the first publication of a literary, dramatic, or musical work, or of an artistic work other than a photograph, occurs in the lifetime of the author and is anonymous or pseudonymous, subsection (1) of section 8 of this Act shall not apply.^{[1962 Sec.11(1)]}
• Subject to the preceding provisions of this Act, Any copyright subsisting by virtue of this Act in [an anonymous or pseudonymous work] shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was first published, and shall then expire.^{[1962 Sec.11(2)]}
• Copyright subsisting in a sound recording shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the recording was made, and shall then expire.^{[1962 Sec.13(3)]}
• Copyright subsisting in a cinematograph film shall continue to subsist until the end of the period of fifty years from the end of the calendar year during which the making of the film was completed, and shall then expire.^{[1962 Sec.14(3)]}
• The Broadcasting Corporation shall be entitled to any copyright subsisting in a television broadcast or sound broadcast made by it; and any such copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the broadcast is made, and shall then expire.^{[1962 Sec.15(3)]}

Copyright in a literary, dramatic, musical, or artistic work, whether unpublished or published, to which Her Majesty is entitled shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was made, or (in the case of a photograph) was taken, and shall then expire.^{[1962 Sec.52(3)]}

Так For a work of architecture and for a work of sculpture, artistic craftsmanship or mural if permanently located in (or visible from) a public place.

 Ні for a painting, drawing, engraving or photograph

Under the 1962 Act, Section 20. General exceptions from protection of artistic works:

(4) The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving, or photograph of the work or any part thereof, or the inclusion of the work or any part thereof in a cinematograph film or television broadcast.

(5) The copyright in a sculpture, or in a work of artistic craftsmanship (not being a work of architecture and not being a painting, drawing, engraving, or photograph), or in a mural, is not infringed by the making of a painting, drawing, engraving, or photograph of the work or the inclusion of the work in a cinematograph film or television broadcast if the work is permanently situated in or in view of a public place within the meaning of the Police Offences Act 1927 or in any premises open to the public.

(6) The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph, or cinematograph film, if by virtue of subsection (3), subsection (4) or subsection (5) of this section, the making of that painting, drawing, engraving, photograph, or film did not constitute an infringement of the copyright.