Commons:Норми авторського права за територією/Буркіна-Фасо

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

Burkina Faso was colonized by the French in the late 19th century, named Upper Volta after the Volta River. It became self governing as the Republic of Upper Volta in 1958 and fully independent on 5 August 1960. Burkina Faso took its present name in 1984.

Burkina Faso has been a member of the Berne Convention since 19 August 1963, the World Trade Organization since 3 June 1995 and the Договір Всесвітньої організації інтелектуальної власності про авторське право since 6 March 2002.^[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 032-99/AN of December 22, 1999, on the Protection of Literary and Artistic Property as the main IP law enacted by the legislature of Burkina Faso.^[1] WIPO holds the text of this law in their WIPO Lex database.^[2]

Under the 1999 law,

• Economic rights in a work of the mind shall be protected during the author’s lifetime and 70 years after his death.^{[1999 Article 34]}
• Rights in a collaborative work are protected during the lifetime of the last surviving author and for 70 years after his death.^{[1999 Article 35]}
• Rights in an anonymous work or pseudonymous work are protected until 70 years have passed since the date of its creation or publication, whatever date is the latest.^{[1999 Article 36]}
• Rights in a collective work, audiovisual or radio work are protected until 70 years have passed since the date of its creation, or 70 years from its publication if published within 70 years of creation.^{[1999 Article 37]}
• Rights in a work of applied art expire after 30 years have passed since the date of its creation.^{[1999 Article 38]}

The protection of copyright does not cover official texts of a legislative, administrative or judicial nature or their official translations.^{[1999 Article 8]}

Expressions of traditional cultural heritage, the authors of which are not known but where it is reasonable to presume they are nationals of Burkina Faso, are part of the national heritage, as are expressions of traditional cultural heritage where the authors are known and have been dead for more than 70 years.^{[1999 Article 88]} Publication, reproduction and distribution or public recitation, performance or transmission of expressions of traditional cultural heritage in the national heritage is subject to authorization where expressions are used with gainful intent and outside their traditional or customary context.^{[1999 Article 91]} The authorization shall be granted subject to payment of a royalty, whose proceeds shall, after management fees have been levied, be paid into a fund for cultural promotion.^{[1999 Article 93]}

 Unsure West African CFA franc used in Burkina Faso has close ties to France. French Cour de Cassation ruled in 2002 that franc is not covered by Copyright Law^[3], but it is not known if it also applies to West African CFA franc.

See also: COM:CUR France

 Ні, noncommercial only: the Burkinabe freedom of panorama is limited only to noncommercial purposes (which is incompatible with Commons:Licensing). However, a photo that only incidentally includes architecture or sculpture should be fine.

• In derogation of the author’s rights, reproducing, broadcasting or communicating to the public by cable an image of a work of architecture, a work of fine art, a photographic work or a work of applied art which is permanently located in a place open to the public shall be permitted, except where the image of the work is the main subject of such reproduction or communication and where it is used for commercial purposes.^{[1999 Article 25]}

• Category:Burkinabe FOP cases