中国青年网领取记者证人员名单

Copyright rules: Venezuela Shortcut: COM:VENEZUELA
Durations
Standard	Life + 60 years
Photograph	Create/publish + 60 years
Anonymous	Publish + 60 years
Audiovisual	Create/publish + 60 years
Government	Works made by the Venezuelan government, subnational divisions and public sector organizations are in the public domain.
Other
Freedom of panorama	Yes
Terms run to year end	Yes
Common licence tags	{{PD-Venezuela}} {{PD-VenezuelaGov}}
ISO 3166-1 alpha-3	VEN
Treaties
Berne convention	30 December 1982
Univ. Copyright Convention	30 September 1966
WTO member	1 January 1995
URAA restoration date?*	1 January 1996
*?A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1929 and protected in the country of origin on the URAA date.

百度 之三，李某明知金某公司与本单位有业务关联，自己又分管相关工作，还向金某借款且到期不还，特别是当金某提出2万元欠款当拜年礼金时，李某未作表态且收回欠条。

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

Background

Venezuela was colonized by Spain in 1522. In 1811 it became one of the first Spanish-American territories to declare independence, at first as a department of the federal republic of Gran Colombia. Venezuela gained full independence in 1830.

Venezuela has been a member of the Universal Copyright Convention since 30 September 1966, the Berne Convention since 30 December 1982 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1993 Law on Copyright as the main IP law enacted by the legislature of Venezuela. WIPO holds the text of this law in their WIPO Lex database.

General rules

Under the 1993 Law on Copyright,

• Copyright subsists for the lifetime of the author and expires after 60 years counted from January 1 of the year following his death, including the copyright in works not disclosed in his lifetime.^{[1993 Article 25]}
• For works of joint authorship, the 60 years referred to in the foregoing Article are counted as from January 1 of the year following that of the death of the last surviving coauthor.^{[1993 Article 26]}
• Nevertheless, the right of exploitation in an audiovisual work, a broadcast work or a computer program expires after 60 years counted from January 1 of the year following that of the first publication thereof or, failing that, of its completion.^{[1993 Article 26]}
• The copyright in anonymous or pseudonymous works expires after 60 years counted from January 1 of the year following that of the first publication thereof.^{[1993 Article 27]}
• For photographs and also reproductions and prints obtained by a comparable process rights expire after 60 years following the disclosure of the work, or 60 years after having been made if they have not been disclosed during that period. Such periods are counted from January 1 of the year following that of disclosure or making, as the case may be.^{[1993 Article 38]}

Government works

Shortcut

• COM:GVT Venezuela

See also: Commons:Government works

OK for works of the Venezuelan government, subnational divisions or other public sector organizations.

Works made by the Venezuelan government, subnational governments or public sector organizations, as well as their employees, are in the public domain based on Article 325 of the Labor Law of 7 May 2012:

• Intellectual products generated under an employment relationship in the public sector, or financed through public funds that generate intellectual property rights, will be considered to be in the public domain, while maintaining the authors' rights to public recognition.^{[2012 Article 325]}

The government's to release works of their employees into the public domain is confirmed by Article 59 of the 1993 copyright law, which states that the copyright of works created during employment are assigned to the owner or commissioner (in this case, public sector organizations)

• It shall be presumed, unless expressly agreed otherwise, that the authors of works created in the course of employment relations or on commission have assigned to the employer or commissioning party, as the case may be, without limitation and for the entire duration thereof, the exclusive right to exploit them as defined in Article 23 and contained in Part II of this Law.^{[1993 Article 59]}

Based on these two articles, it can be inferred that the Venezuelan government first acquired the copyright of their works from their employees, and then released them into the public domain in 2012 through the Labor Law.

Logos and coats of arms of governments and public sector organizations - OK

Based on the discussions at Commons:Deletion requests/File:Coat of arms of Caracas (2022).png and Commons:Deletion requests/File:Logo Alcaldía Municipio Blvno Angostura (2021-2025).jpg (mentioned at #Certain discussions), subnational governments are part of the public sector and itcan be safely inferred that logos of public sector organizations were created in the course of employment, since it is extremely unlikely that coats of arms would be created for non-employment purposes.

Previous terms of protection

The 1993 Law on Copyright derogated the 1963 Ley sobre Derecho de Autor (original text).

The law estipulated that "copyright lasts for the author lifetime and extinguishes 50 years beginning on the 1 January after their death, even with respect to works not published during their lives" (article 25). For collaborative works, the p.m.a. begins 50 years after the first 1 January following the last surviving author's death (article 26). However, for cinematographic works, the protection term lasts for 50 years after publication or "termination". Anonymous or pseudonymous works are also protected only for 50 years after first publication (article 27).

As a result of the reduced 50 year protection term, works whose copyrights expired in Venezuela before the URAA date (1996), are also in the public domain in the United States. This includes works by authors who died in 1945 or before; anonymous or pseudonymous works published in 1945 or before; and collaborative works, whose last surviving authors died in 1945 or before.

The 1963 law derogated the 1928 Ley de Propiedad Intelectual (commentary available here). That law established that the author of a scientific or literary work published in Venezuela who wished to reserve exclusive rights had to submit a registration request to the Principal Registrar of the State or the Federal District where the work was published — or to any of them if the Venezuelan work was published abroad — along with five copies, which were to be distributed to the Registration Office, the Ministry of Internal Affairs, the Congressional Library, the National Education Office, and the National Library. The time limit for registering scientific or literary works was three years, counted from January 1 of the year following the date of first publication. Failure to register the work and deposit the required copies within the prescribed period resulted in the author or rights holder permanently losing the legal ability to pursue counterfeiters or infringers. Intellectual property rights belonged to the author during their lifetime and, upon death, transferred to their heirs or successors for a period of thirty years. For posthumous works, the heirs’ rights were calculated from the author’s date of death. In the case of works owned by the state, intellectual property rights lasted for fifty years from January 1 of the year following the work’s completion, and for works acquired by assignment, state rights lasted twenty-five years — even if the work had not been registered.

Works whose rights expired as a result of the failure of registration, created in 1960 or before, are in the public domain in Venezuela and in the United States.

Not protected

Shortcut

• COM:NOP Venezuela

See also: Commons:Unprotected works

The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.^{[1993 Article 4]}

Copyright tags

Shortcut

• COM:TAG Venezuela

See also: Commons:Copyright tags

• {{PD-Venezuela}} – generally 60 years after the author's death with the exception of audiovisual works, broadcast works and computer programs, in which case the protection lasts for 60 years after publication.
• {{PD-VenezuelaGov}} – for the "texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts", and the "intellectual products generated under an employment relationship in the public sector — or financed through public funds".
• {{PD-Venezuela-old}} - especifically for works whose copyrights expired in Venezuela before the URAA date (1 January 1996).

Certain discussions

Certain discussion cases in deletion requests, for example:

Image	Description	Discussion
	Logo Alcaldía del Municipio Bolivariano Angostura	Commons:Deletion requests/File:Logo Alcaldía Municipio Blvno Angostura (2021-2025).jpg - Kept as a work for a mayor office (in the public sector)

Image	Description	Discussion
	All files at Category:Minutes of the Vote Count for the 2024 Presidential Elections in Venezuela.	Commons:Deletion requests/All files at Category:Minutes of the Vote Count for the 2024 Presidential Elections in Venezuela - Kept as an official document

Image	Description	Discussion
	Coat of arms of Caracas (2022).	Commons:Deletion requests/File:Coat of arms of Caracas (2022).png - Kept as it is extremely unlikely that the work was created for non-employment purposes before being adopted as the coat of arms

Image	Description	Discussion
	Logo of Acción Democrática.	Commons:Deletion requests/File:Acción Democrática.svg (DR1 and DR2) - Kept as it fell into the public domain in 1992 based on the old 50-year term, placing it before the URAA cutoff of 1996

Image	Description	Discussion
	Photo of the Cruz Paredes Municipality Mayor's Office by the mayor.	Commons:Undeletion_requests/Archive/2024-09#File:Sede_Alcaldía_Cruz_Paredes_(Barinas)_2022.jpg (UDR) - Undeleted as a work made by the mayor of Cruz Paredes. There was some disagreement over whether the file should be restored because one user claimed that "public domain" meant "state assets intended for public use or to provide a public service" instead of "out of copyright", but it was undeleted in the end because the provision in Article 325 of the Labor Law referenced intellectual property.

Freedom of panorama

Shortcut

• COM:FOP Venezuela

See also: Commons:Freedom of panorama

OK. {{FoP-Venezuela}} Under the 1993 Law on Copyright,

• The following shall be considered lawful reproductions: ... the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations.^{[1993 Article 44(9)]}

Threshold of originality

Shortcut

• COM:TOO Venezuela

See also: Commons:Threshold of originality

 Unknown

Despite uncertainty on the required level of originality needed to qualify for copyright protection, certain cases are objectively too simple; for example:

Image	Description	Discussion
	Partido Futuro logo	Commons:Deletion requests/File:Partido futuro.png

Related discussions

• Commons:Village pump/Copyright/Archive/2024/04#PD-shape (Voto Joven logo,  Not OK)
• Commons:Village pump/Copyright#Realidad Helicoide
• Commons:Deletion requests/File:Logo Comisión Nacional de Primaria de Venezuela.png (Venezuela's National Primary Commission logo,  Not OK)
• Commons:Deletion requests/File:Logo DP Venezuela.png ( OK)
• Commons:Deletion requests/File:Helados efe logo.jpg ( No consensus)

Currency

Shortcut

• COM:CUR Venezuela

See also: Commons:Currency

OK Venezuelan currency is made by the Central Bank of Venezuela, which is owned by the government and is thus part of the public sector. Use {{PD-VenezuelaGov}} since works made for employment in the public sector fall into the public domain.

Stamps

See also: Commons:Stamps

The 2012 Labor Law states that works made in the course of public sector employment fall into the public domain. Because IPOSTEL is a government regulatory organization, and IPOSTEL issues postage stamps, stamps fall into the public domain as works made in the course of public sector employment.

Use template {{PD-VenezuelaGov}}.

See also

• Venezuela
• Category:Venezuelan FOP cases
• Category:Stamps of Venezuela

Citations

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