Commons:Copyright rules by territory/Cuba

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

Background

Cuba was a Spanish colony from the 15th century until 1898, when it was occupied by the United States. In 1902 the country gained nominal independence, and regained self government in 1908.

Cuba has been a member of the Universal Copyright Convention since 18 June 1957, the World Trade Organization since 20 April 1995 and the Berne Convention since 20 February 1997.[1]

As of 2026 the World Intellectual Property Organization (WIPO), an agency of the United Nations, holds the text of the 2022 law in their WIPO Lex database[2].

The Law No. 14 of December 28, 1977, on Copyright repealed the Law of Intellectual Property of 10 January 1879 and its regulations of 3 September 1880, as well as articles 428 and 429 of the Civil Code of 1889.[14/1977-1994 Article 50] Later, the Law No. 154 on the Copyright of the Author and the Performing Artist, 2022 repealed the 1977 law, and also the Decree-Law No. 156 of September 28, 1994.[2]

General rules

According to 2022 law,

  • The law doesn't protect:[154/2022 Article 9]
a) the idea itself, which serves as the basis for the creation of the work
b) the data and the fact itself
c) the procedure, the formula, the solution, the system, the principle, the discovery, the innovation, the algorithm, the method of operation or the mathematical concept itself
d) the official text of a legislature, administrative, or judicial, nature nor it's official translation;
e) political speeches and speeches delivered in judicial or parliamentary debates, not their official, translation, without prejudice to the author, exclusive right to compile them and
f) the news of the day and of an event that has the character of simple press information.
  • Copyright is valid for the life of the author and 50 years after his death, except for the exceptions expressly indicated in this Law.[154/2022 Article 72]
  • The term of fifty years indicated in this law begins to count from the first of January of the year following the death of the author.[154/2022 Article 82]
  • For a work by an unknown author, or a work published anonymously or under a pseudonym, copyright is valid for 50 years from the first publication of the work.[154/2022 Article 73]
  • The period of validity of the copyright in a work created by a procedure analogous to that of the photograph, or on a work of the applied arts, extends to twenty-five years from the use of the work.[154/2022 Article 75]

Status in United States

A Cuban work uploaded to Wikimedia Commons must be in the public domain in both Cuba and the United States.

  • Photographs are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1972.
  • Anonymous works (not photographs) are in the public domain in the United States if first published in Cuba without compliance with US copyright formalities and used in Cuba before 20 February 1947.
  • Corporate and government works are in the public domain in the United States if published before 1931 (95 years ago)
  • All other works are in the public domain in the United States if published in Cuba without compliance with US copyright formalities, author died before 1947 or, published 95 years ago.

Paying public domain

See also: Commons:Paying public domain

At the expiration of the period of validity of the copyright, a work may be freely used by any person, provided that the author's name is mentioned and the integrity of the work is respected.[154/2022 Article 83]

A work may also be freely used by any person it the author refuses its economic rights.[154/2022 Article 84]

In the two previous situations, the Ministry of Culture may establish a special contribution that will be used for the development of culture. The amount of this contribution, its form of payment, and the principles of administration of the funds thus acquired, will be set by the Ministry of Culture.[154/2022 Article 85]

Shortcut

See also: Commons:Copyright tags

  • {{PD-Cuba}} – for works made in Cuba whose copyright has expired.

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama OK {{FoP-Cuba}}

According to Law No. 154, 2022, it is permissible, without the author's consent and without remuneration, but with obligatory reference to his name and provided the work is public knowledge and respectful of the artist's specific values: ... to reproduce by any means, except those involving direct contact with its surface, a work of art of any type on display in a free access, public place.[154/2022 Article 86.2(d)]

Stamps

See also: Commons:Stamps Copyrighted Modern stamps of this country are not in public domain or their status is unknown. Cuba was under Spanish control until 1898 and then under U.S. control until the Republic was established on May 20, 1902. Accordingly, the copyright applicable to stamps issued during those time periods would be Spain and the U.S.

See also

Citations

  1. ↑ Cuba Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-03.
  2. 1 2 Ley No. 154/2022 “De los Derechos del Autor y del Artista Intérprete”. Cuba (2022). Retrieved on 2026-04-14.
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
Category:Commons licensing help by country#Cuba Category:Copyright rules of Cuba Category:Paying public domain#Cuba
Category:Commons licensing help by country Category:Copyright rules of Cuba Category:Paying public domain