Commons:Когда использовать шаблон PD-signature
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Эта страница вкратце: There is no legislation or precedent that deals specifically with signatures. Common sense must be used:
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- Викисклад:Правила авторского права попредметно
- Нормы авторского права по странам
- Шаблоны лицензий
- Банковские чеки
- Commissioned works
- Денежные знаки
- De minimis
- Производные работы
- Свобода панорамы
- Правительственные работы
- Почтовые марки
- Порог оригинальности
- Неохраняемые произведения
- Когда использовать шаблон PD-signature
Эта страница разъясняет, когда использовать {{PD-signature}}.
The {{PD-signature}} template is used to tag a scan or photograph of an individual's personal signature when that signature is considered ineligible for copyright protection both in the US and under local law. As with most content on Commons, the image can be kept only if it is public domain or available under a free licence both under US and under local law. US law does not grant copyright for typical personal signatures, so the only issue will usually be whether the signature is protected under local law.
This tag does not apply to signatures that are out of copyright due to their age, for example where the author died more than 70 years ago (or whatever the local copyright term may be). Simply use a tag such as {{PD-Old}} instead.
In many—but not all—countries, a typical signature is not considered sufficiently original to be granted copyright protection.
In all cases, judgement has to be used, as there is no absolute rule that defines whether a signature is or is not capable of copyright protection. Countries which typically do not grant copyright to signatures may do so if the signature is sufficiently complex to become a protectable artistic work (akin to a non-trivial drawing); on the other hand, countries which typically do grant copyright may not do so if the signature is extremely simple (e.g. a scribbled line or two).
It may not always be evident which country's law applies to a particular signature (and this may be a difficult legal question), but taking the individual's country of nationality would be a good start.
США
COM:SIG United States
США
Нет доступной информации
Civil law countries
Civil law countries require a relatively high minimum level of intellectual creativity which will exclude typical signatures from copyright protection.
If you are aware of specific caselaw or legal advice on this issue in any country, please add an entry below.
COM:SIG Germany
Германия
Нет доступной информации
COM:SIG China
Китай
Not OK: According to the laws of the People's Republic of China, whether a work is protected by copyright, that is contingent on the originality (, literally "independent creativity"). Works having originality are protected and the copyright held by their authors ("Copyright Law of the People's Republic of China (2020) Article 15: "A work created by compilation shall refer to the work which is compiled of some works, fragments of works or the data or other materials not constituting a work, and the choice or layout of the contents of which embodies the original creation. The copyright of the compilation work shall be enjoyed by the compiler, provided that the exercise of such copyright does not infringe upon the copyright of the pre-existing works included in the compilation.") The signatures are commonly created independently rather than imitatively.
The signatures by the Chinese people containing Chinese characters may be considered as Chinese calligraphy works, and thus defined as artwork (, or translated as "works of fine arts") and protected by law ("Regulations for the Implementation of the Copyright Law of the People's Republic of China (2002) Article 4: "(8) 'works of fine arts' means two- or three-dimensional works of the plastic arts created in lines, colours or other media which impart aesthetic effect, such as paintings, works of calligraphy and sculptures;"). In a typical case, Dow Jones & Company had used a calligraphy "" written by calligrapher Guan Dongsheng. In 2003, Guan Dongsheng won his court action against the company, ruling by the Beijing First Intermediate People's Court. The artwork can be seen here.
Exceptions
OK:
- If a signature is originally from documents of legislative, administrative, or judicial nature, it is in the public domain (see {{PD-PRC-exempt}}).
- Signatures whose author died more than 50 years ago are in the public domain.
- If the work is not a handwritten signature, but was instead created using standard, common typefaces of Ming, Sans-serif, or Regular script, it may be in the public domain. However, the vector glyphs in computer fonts may still be copyrighted.
COM:SIG Japan
Япония
OK for a typical signature, Not OK for calligraphic signatures. The decision 平成10(受)332 (Hanrei Jiho No. 1730: 123) set a relatively high artistic threshold for typefaces. The decision 平成10(ワ)14675 substantiates that calligraphy works are copyrightable [1]. According to Article 2, Paragraph 1, Item 1 of the Copyright Law, a work is a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific artistic or musical domain. A signature must have aesthetic properties capable of artistic appreciation, not just beauty in terms of practical functionality, to be copyrightable.
COM:SIG Jordan
Иордания
OK for a typical signature, based on Article 3 of Jordanian copyright law, which specifies what is eligible to be copyrighted.
COM:SIG Peru
Перу
Нет доступной информации
COM:SIG Russia
Россия
Нет доступной информации
COM:SIG South Korea
Республика Корея
Да for a typical signature: The Supreme Court of South Korea has ruled that typefaces are not protected by copyright.[2]
Нет for calligraphic signatures: According to Copyright Act Article 4, calligraphy is protected by copyright (See also Commons:Copyright rules by territory/South Korea § Types of protected work).
COM:SIG Taiwan
Китайская Республика (Тайвань)
Not OK: This government regulation (archived from original) lists handwriting and calligraphy as examples of artistic works that are subject to copyright protection.
Common law countries
Most Common law countries use a "skill and labour" test to determine the minimum level of originality capable of attracting copyright protection, and in some countries such as the UK the required level is extremely low. Without some research into individual laws, it cannot be assumed that a signature from a Common law country is necessarily allowed on Commons. If there is real doubt about the position a local court would take, then the image must be deleted under the precautionary principle.
If the signature is extremely simple (e.g. a scribbled line or two), it will not be copyright even in Common law countries.
If you are aware of specific caselaw or legal advice on this issue in any country, please add an entry below.
COM:SIG United Kingdom
Великобритания
Как использовать шаблон PD-signature
You can apply the tag {{PD-signature}} to a photograph or scan of a personal signature provided that:
- The signature is highly likely to fall below the threshold of originality for protection in the US; and
- It is highly likely to fall below the threshold of originality for the stated country. (If the signature is of "typical" complexity/creativity, it should be assumed free in Civil law countries and unfree in Common law countries for which no specific country rule is listed above); and
- You explicitly state as a parameter to the tag which country's law is relevant, (e.g. the individual's country of nationality).
Note that you must specify a country, so that a judgement can be made as the minimum level of originality required under local law. If no country is stated, or if the signature is arguably complex/creative enough to attract copyright then the image cannot be assumed free and will be deleted under the precautionary principle.
Signatures and trademark protection
In many countries, a signature is capable of being protected as a trademark. However, even where a signature is protected by trademark laws it can still be hosted here: see Commons:Non-copyright restrictions. If you know that a particular signature is trademark-protected, you can add the {{Trademark}} disclaimer as well as the {{PD-signature}} tag.
Reuse of signature images
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{{{1}}} |
- ↑ ...[I]f the work has aesthetic elements that express thoughts and feelings through the selection of letters, the shape and size of the letters, the shading of the ink, the stroke of the brush, and the composition of the letters in combination with each other, it may be eligible for copyright protection as a work of art that shows the writer's individual expression. If the work has aesthetic elements that express ideas and feelings through the size of the ink, the shading of the ink, the movement or strokes of the brush, the composition of the letters in combination with each other, etc., it is considered to be a work of art in which the author's unique expression is expressed and can be protected by copyright.
- ↑ The Supreme Court of South Korea 94누5632