Copyright of official texts

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 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.

Official texts in the public domain

Armenia

Article 6 of Law on Copyright and Neighboring Rights makes official documents (laws, decisions, decrees, etc.) as well as their official translations, state emblems and signs (flags, coats of arms (armorial bearings), medals (decorations), monetary signs, etc.) not objects of copyright.

Austria

Austrian copyright law (§7 UrhG) releases laws, ordinances and official decrees issued by Austrian federal and state authorities into the public domain.

Azerbaijan

Article 7 of the Law of Azerbaijan Republic "on Copyright and Neighbouring Right makes official documents (laws, court decisions, other texts of legislative, administrative or judicial character) and official translations thereof, state emblems and official signs (flags, armorial bearings, decorations, monetary signs and other State symbols and official signs) not subjects of copyright.

Belarus

According to the Law of the Republic of Belarus: No. 370-XIII of May 16, 1996: Section 2, Article 8 (in Russian, in English), formal documents (laws, judgements, other texts of legal, administrative and judicial nature), and also their official translations; state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other signs) shall not be objects of copyright.

Mainland China

Article 5 of the Copyright Law of the People's Republic of China releases laws; regulations; resolutions, decisions and orders of state organs; other documents of legislative, administrative and judicial nature; and their official translations, into the public domain.

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.

Czech Republic

According to the Czech Copyright Act (Law No. 121/2000, Article 3, Section a):

"Protection pursuant to this Act shall not apply to

• an official work, such as a legal regulation, decision, public charter, publicly accessible register and the collection of its records, and also
• an official draft of an official work and other preparatory official documentation including the official translation of such work,
• Chamber of Deputies and Senate publications,
• a memorial chronicle of a municipality (municipal chronicle),
• a state symbol and symbol of a regional self-governing unit,
• and other such works where there is public interest in their exclusion from copyright protection".

Djibouti

Art. 7(a), Loi n°114/AN/96/3e L relatif à la protection du droit d'auteur excludes laws, judicial and administrative decisions as well as their official translations from copyright protection.

Georgia

According to Article 8 of the Law of Georgia No. 2388-Is of September 9, 1999 on Copyright and Neighbouring Rights (in Russian, in English):

1. Copyright does not apply to the following works:

   a) official documents (laws, decisions of courts, other texts of administrative and normative character), as well as their official translations;

   b) official symbols of state (flag, emblem, anthem, award, monetary symbols, other official signs and symbols of state);

   c) information of events and facts.

2. When using the works mentioned in subparagraph "b" of this Article under the other persons name, it is possible to protect the right of author's name.

However, proposed official symbols and drafts of formal documents can be copyrighted.

Germany

A statute, ordinance, official decree or judgment (official work) issued by a German federal or state authority or court is in the public domain according to German copyright law (§ 5 Abs.1 UrhG).

Greece

Art. 2(5), Law 2121/1993 excludes official texts expressive of the authority of the State, notably to legislative, administrative or judicial texts, from copyright.

Hong Kong public records

Article 58 of the Copyright Ordinance specifies that a public record may be copied for any purpose without infringement of copyright, thus in the public domain. However, Hong Kong Government generally copyrights governmental works.

Indian Legislature

Pursuant to S. 52(1)q.(iii) of the Copyright Act, 1957, 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. Other Government works are copyrighted.

Japan

Art. 13, Law No. 48 of 6 May 1970, as amended, excludes official texts from copyright protection.

South Korea

Art. 7, Copyright Act of 30 December 1989 excludes official texts from copyright protection.

Macau

Pursuant to Article 6 of Decree-Law n.o 43/99/M of Macau:

(1) Official texts shall not benefit from protection.

(2) Official texts are in particular the texts of treaties, laws and regulations and those of reports or decisions by authorities of any kind, and translations thereof.

(3) Where the texts referred to in the preceding paragraph 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.

Poland

Pursuant to Article 4 of Law of February 4, 1994, on Copyright and Neighboring Rights, the following shall not be protected by copyright:

(1) Normative texts and the drafts thereof
(2) Official documents, documentary material, devices and symbols.

South Africa

S.12, 8(a), of the Copyright Act, 1978 states that "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts, or in speeches of a political nature or in speeches delivered in the course of legal proceedings, or in news of the day that are mere items of press information." Other government works are copyrighted for 50 years, as described below.

Sudan

Official documents are not copyrighted pursuant to S. 6(b) of the Copyright and Neighbouring Rights Protection Act 1996.

Taiwan

Article 9 of the Copyright Act of the Republic of China in effect in Taiwan releases the constitution, acts, regulations, and official documents (proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties), and their translations and compilations by central and local government agencies into the public domain. Test questions and alternative test questions from all kinds of examinations held pursuant to laws or regulations are also in the public domain in Taiwan.

United States

All works of the United States Government are ineligible for copyright under the terms of Title 17, Chapter 1, Section 105 of the United States Code. Works created by the several states may be eligible for copyright depending on laws that vary from state to state.

In addition, § 206.01 of the Compendium II: Copyright Office Practices considers edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments.

Venezuela

Art. 4, Ley sobre el Dercho de Autor as modified by the Decreto del 14 de agosto de 1993 excludes the texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts from copyright protection. However, Art. 138 of the same law 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 without official value.

Copyrighted official texts

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.

Australia

Main article: Crown_copyright § Australia

Pursuant to part VII of the Copyright Act 1968, the Australian Government owns copyright in any work, film or sound recording made by or under the direction or control of the Government, and any work first published by or under the direction or control of the Government.

Canada

Main article: Crown_copyright § Canada

Canadian governmental works are under Crown Copyright pursuant to Section 12 of the Copyright Act (French: Loi sur le droit d'auteur) for 50 years until year end since the first publication. The Reproduction of Federal Law Order (French: Décret sur la reproduction de la législation fédérale et des décisions des tribunaux de constitution fédérale) allows reproductions of federal laws with certain conditions, whether the laws are under Crown Copyright or not.

Ghana

Copyright Act, 2005 copyrights governmental works (Art. 3) for 70 years since creation or publication, whichever is later (Art. 13).

Hong Kong

Chapter 528 of the Law of Hong Kong, the Copyright Ordinance (Chinese: 版權條例), copyrights governmental works with year-end copyright expiration in its Articles 182, 183, and 184:

• Article 182 makes a work made by an on-duty officer of the Government copyrighted by the Government for 125 years until year end since its creation or 50 years until year end since its publication, whichever is shorter.
• Article 183 entitles the Government to copyright in every Ordinance for 50 years until year end from the date of publication in the Gazette.
• Article 184 provides Legislative Council copyright for 50 years until year end after a work is made by or under the direction or control of the Legislative Council.

Hong Kong governmental works have been copyrighted since British administration. Even though Hong Kong is now a Special Administrative Region of the People's Republic of China, governmental works remain copyrighted, unlike Mainland China.

India

S. 28, Copyright Act, 1957 copyrights Government work for 60 years until year end since publication, with exemption for Indian Legislature.

Nigeria

Schedule I, Copyright Act (Cap. 68) 1990 copyrights governmental literary, musical or non-photograph artistic works for 70 years until year end since publication.

New Zealand

Main article: Crown_copyright § New_Zealand

Crown copyright in New Zealand is defined by Sections 2(1), 26 and 27 of the Copyright Act 1994. With year-end copyright expiration, a term of 100 years applies under Section 26(3)(b), with the exception 25 years for typographical arrangements of published material.

Pakistan

S. 22 of the Copyright Ordinance, 1962 copyrights a Government work for 50 years until year end since its publication.

Singapore

Pursuant to Section 197 of the Copyright Act, Singaporean governmental works are generally copyrighted for 70 years until year end since their publications, but unpublished governmental literary, dramatic and musical works are under perpetual copyright if never published.

South Africa

S. 5, Copyright Act, 1978 copyrights state works (which are otherwise eligible for copyright) for 50 years from the end of the year in which the work is first published. However see above for exceptions under S.12, 8(a).

United Kingdom

Main article: Crown_copyright § United_Kingdom

Crown copyright applies to all works produced by the British Government. Published Crown copyright material generally has protection for 50 years from the date of publication.

Zimbabwe

S. 49, Copyright Act (Chapter 26:1) copyrights publications of the State, generally for 50 years until year end since they are published, with perpetual copyright if never published.

See also

• Consumer rights