Memo on Official Texts of a Legislative, Administrative and Legal Nature and Official Translations
Authenticated users are welcomed by G•IPRs to post official texts of a legislative, administrative and legal nature and official translations (including works in the public domain or works under the copyright law protection which can be reprinted by the public authorized by the authority) with no copyright issues to do research on intellectual property legal systems of various countries. To avoid copyright disputes, memo on copyright regulations of official texts of a legislative, administrative and legal nature and official translations of every countries, district and international organization listed are as follows (hereinafter referred to as the "Memo") and your corrections are welcomed if there is any inappropriateness:
According to Berne Convention for the Protection of Literary and Artistic Works (amended on September 28, 1979), Article 2:
"(4) It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts."
According to laws and regulations of various countries listed in the memo hereinafter;
Our view is that for the copyright of official texts of a legislative, administrative and legal nature and official translations (hereinafter referred to as "Official Texts") shall be regulated by laws of every country, district and international organization, To facilitate the understanding on copyright regulations of various countries, the result of review will be gradually listed in the Memo herein for users' reference.
Users of the Website shall review the domestic copyright regulations of origin of such official texts before reprint. If there is no copyright issue, you can post them on the Website. Laws and regulations listed herein are only for your reference. If the domestic copyright regulations of users' official texts are not covered by this Memo, G•IPRs management group has the right to claim users to provide legal foundation. G•IPRs is entitled to delete such documents if legal foundations are indefinite or disputable.
Generally speaking, the following three kinds of official texts might be appropriate to be posted on the Website. But users shall indicate their sources:
(i) there is no unified regulations on copyright of official texts issued by international organizations established according to international conventions or treaties (hereinafter referred to as "International Organizations"). If the public are authorized to use and copy according to the provisions on official websites, accordingly, users can download official texts from such official websites and post them on our Website.
Users shall give special concern to and observe the copyright statement or the terms of use of the website when reprinting official texts from the official website of International Organizations. (For example: the United Nations official website declares that "None of the materials provided on this web site may be used, reproduced or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording or the use of any information storage and retrieval system, except as provided for in the Terms and Conditions of Use of United Nations Web Sites, without permission in writing from the publisher." ; But the World Intellectual Property Organization declares on its official website that "Anyone may use or reproduce any information presented on this website, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that WIPO is the source.".)
(ii) Laws clearly stipulate that Official Texts are not governed by copyright law and no relevant regulation prohibits users from using and reprinting them. Users can post such official texts on the Website after downloading them from the official website. （for instance: The People's Republic of China）
(iii) Laws clearly stipulate that official texts are protected under copyright law, but according to the official website, the public are authorized to download, print, copy and distribute for free. Users can post such official texts on the Website after downloading them from the official website. (for instance: Hong Kong Special Administrative Region)
1. the World Intellectual Property Organization (WIPO)
According to the statement of WIPO's official website:
"Anyone may use or reproduce any information presented on this website, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that WIPO is the source."
We consider that the Official Texts published by WIPO have granted the public to use and copy the information on its website. Under the condition that users observe specific requirement of using which might be attached, can users download Official Texts from the official website to download Official Texts to post on the Website with indication of their sources.
2. The People's Republic of China (China)
According to Copyright Law of the People's Republic of China (amended on October 27, 2001) Article 5:
"This Law shall not be applicable to:
(1) laws; regulations; resolutions, decisions and orders of State organs; other documents of a legislative, administrative or judicial nature; and their official translations;
(2) news on current affairs; and
(3) calendars, numerical tables and forms of general use, and formulas. "
We reckon that official texts of China are works in the public domain. Users can download official texts from official websites and post them on the Website with indication of their sources.
3. Hong Kong Special Administrative Region (Hong Kong)
According to Copyright Ordinance of Hong Kong (clauses hereunder can be searched and reviewed via http://www.legislation.gov.hk)
Chapter 528 - Copyright Ordinance
182 - Government copyright - 01071997
183 - Copyright in Ordinances - 30061997
184 - Legislative Council copyright - 01071997
185 - Copyright in bills - 01071997
186 - Legislative Council: supplementary provisions with respect to copyright - 01071997
According to the Copyright Statement on www.legislation.gov.hk, the public can download, print, copy and distribute Hong Kong ordinances contained in the website for free.
We consider that official texts of Hong Kong are protected under copyright law, but the public are authorized to download, print, copy and distribute for free. In compliance with the Copyright Statement, users can download Hong Kong ordinances from www.legislation.gov.hk and post them on the Website with indication of “www.legislation.gov.hk” as the source.
4. the Taiwan Region of China (Taiwan)
According to the Copyright Law of Taiwan (amended on July 11, 1996 the Republic of China):
"Article 9 the following items shall not be the subject matter of copyright:
1. The constitution, acts, regulations, or Official Texts.
2. Translations or compilations by central or local government agencies of works referred to in the preceding subparagraph.
3. Slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.
4. Oral and literary works for news reports that are intended strictly to communicate facts.
5. Test questions and alternative test questions from all kinds of examinations held pursuant to acts or regulations.
The term "Official Texts" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties. ”
We reckon that official texts of Taiwan are works in the public domain. Users can download official texts from official websites and post them on the Website with indication of their sources.
5. Germany
According to Law on Copyright and Neighboring Rights (Copyright Law) of Germany , Article 5 Official Works:
"5.-(1) Laws, ordinances, official decrees and notices as also decisions and official grounds of decisions shall not enjoy copyright protection.
(2) The same shall apply to other official works published in the official interest for public information, with the condition that the provisions of Section 62(l) to (3) and Section 63(1) and (2) concerning prohibited alterations and acknowledgment of sources shall apply mutatis mutandis."
We reckon that official texts of Germany are works in the public domain. Users can download official texts from official websites and post them on the Website with indication of their sources.
6. Russia
According to Law on Copyright and Related Rights (2004-07-20, Russia)
"Article 8. Works Not Covered by Copyright
The following are not covered by copyright:
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);
works of folklore;
communications concerning events and facts that have informational character."
We reckon that official texts of Russia are works in the public domain. Users can download official texts from official websites and post them on the Website with indication of their sources.
Note: A user, named Mestnikov, whose nationality is Russia informed G·IPRs that Law on Copyright and Related Rights had lost its validity but Official Works of Russia are still in the public domain, which means that users can download them and post them on the website with indication of sources. The fourth part of Civil Code of Russia mainly focuses on IP issues. If users are interested in or need to research Russian IP laws, you can take the fourth part of Civil Code of Russia for reference.
7. Macao Special Administrative Region (Macao)
According to Copyright in Macao (DECREE-LAW 43/99/M of August 16, 1999):
"Article 6 Official Texts
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.”
We reckon that official texts of Macao are works in the public domain. Users can download official texts from official websites and post them on the Website with indication of their sources.
（to be continued）
G•IPRs management group, the latest time of revision: June 10, 2009;Your complements or corrections are welcomed.