Commons:Copyright rules by territory/Afghanistan
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Copyright rules: Afghanistan Shortcut: COM:AFGHANISTAN | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years (Afghan calendar) |
| Photograph | Create/Publish + 50 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Publish + 50 years |
| Posthumous | Publish + 50 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-old-auto}} {{PD-Afghanistan}} |
| ISO 3166-1 alpha-3 | AFG |
| Treaties | |
| Berne convention | 2 June 2018 |
| WTO member | 29 July 2016 |
| URAA restoration date* | 29 July 2016 |
| WIPO treaty | 9 February 2021 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1930 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Afghanistan relevant to uploading works into Wikimedia Commons. Note that any work originating in Afghanistan must be in the public domain, or available under a free license, in both Afghanistan 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 Afghanistan, refer to the relevant laws for clarification.
As of May 2026, there is no evidence to suggest that the pre-2021 copyright law of Afghanistan has changed. As such, the laws and rules listed on this page are assumed effective until proven otherwise.
Background
Afghanistan's foreign affairs came under British control in the late 19th century. After the Third Anglo-Afghan War in 1919 the country regained control over its foreign affairs. Since the 1970s the country has suffered from coups, invasions and civil war.
Afghanistan has been a member of the World Trade Organization since 29 July 2016, the Berne Convention since 2 June 2018 and the WIPO Copyright treaty since 9 February 2021.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) as the main IP law enacted by the legislature of Afghanistan.[1] WIPO holds the text of this law in their WIPO Lex database.[2] However, another copyright law was published in the Islamic Republic of Afghanistan's Official Gazette on 15 October 2016.[3]
A 1982 survey on copyright laws in Asia made by UNESCO alleges that Clauses 39-43 of a "Press Act" enacted in 1950 were the main copyright legislation of Afghanistan as of 1982.[4] However, another press law enacted on September 8, 1965 expressly repealed a previous press law (Press Law of 12 Dalwa 1329 A.H.) and all provisions to its contrary.[5] The 1950 Press Act alleged by UNESCO most likely corresponds to the Press Law of 12 Dalwa 1329 A.H., as year 1329 in the Afghan calendar corresponds to 1950-1951 in the Gregorian calendar. The 1965 Press Law does not appear to contain any provisions on copyright.[5]
As of May 2026, the Ministry of Information and Culture of the Islamic Emirate of Afghanistan lists the 2016 copyright law of the Islamic Republic of Afghanistan as the main copyright law in effect.[6] The validity of the pre-2021 copyright law is affirmed in a 2022 statement made on a website of the Islamic Emirate of Afghanistan.[7]
Durations
Terms under the 2016 copyright law:
- General term: 50 years after the author's death, unless otherwise decided by the author [2016 Article 16.1]
- Joint works: 50 years after the death of the last surviving author [2016 Article 16.2]
- Anonymous or pseudonymous works: 50 years after the first lawful publication [2016 Article 16.3]
- Posthumous works: 50 years after the first lawful publication or communication [2016 Article 16.4]
- Audiovisual works: 50 years after the first lawful publication or communication [2016 Article 16.5]
- Photographic works: 50 years after the first lawful publication or communication, or if not published within 50 years, 50 years from creation [2016 Article 16.6]
Under the 2008 Copyright Law, the copyright terms were similar to the 2016 law and were as follows:
- Works published or broadcast during the life cycle of the author shall be protected 50 calendar years after his/her death unless the author has decided differently.[2008 Article 16.1.1]
- Joint works published or broadcast during the life cycle of the authors shall be protected for 50 years after the death of the last author.[2008 Article 16.1.2]
- Works published or broadcast with metaphorical (pseudonym) names shall be protected for 50 years after the first year of the publication.[2008 Article 16.1.3]
- Works not published during the life cycle of the author and in the case of the joint work, that have not been published during the life cycle of the last author, shall be protected for 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.4]
- Audiovisual works shall be protected for 50 years effective from the first year of the publication or broadcast.[2008 Article 16.1.5] If the work is not published or broadcast, it shall be protected for 50 years from fixation.[2008 Article 16.2]
- Photography and painting works shall be protected 50 years effective from the first year of publication and broadcast.[2008 Article 16.1.6]
The purpoted 1950 Press Act of Afghanistan provided a copyright term for 20 years from the work's registration, but no formalities were required for a work to be protected.[4]
Folklore
Public Culture (National Folklore) is an expression which include characterized principles of traditional artistic heritage originated or developed by a group of people in the State which reflect their artistic heritage and include the following expressions: Oral expressions such as tales, popular poetry and riddles; Musical expressions: include popular songs accompanied by music or without music; Motion expressions, include popular Atans (national dance), plays and other special popular artistic and ritual forms; Identical expressions such as products or popular art such as drawings with lines and colors, engravings, statuary, pottery, needlework, woodwork, mosaic, metalwork, jewelry, knitting, carpet weaving and other textiles; Musical instruments; Different architectural works.[2008 Article 3.23]
National folklore shall be the public property of the State, the Ministry of Information and Culture, shall protect National Folklore by all legal means.[2008 Article 45]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Afghanistan}} – public domain
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK. The 2016 copyright law does not contain a freedom of panorama provision. The list of exceptions to copyright in Articles 38-42, which are all inadequate for commercial use or photographs of architecture or public artwork, are:
- Reproduction in one copy for personal use, except for architectural works in the form of a building or reprographic reproductions of substantial parts of books or musical works. [2016 Article 38(1)]
- Copies of computer programs made by a lawful owner for their own use. [2016 Article 38(2)]
- Reproduction of any work made available to the public in a single copy, in a manner consistent with an "appropriate method" and not exceeding its intended purpose. [2016 Article 38(3)]
- Reproduction of a short work or short excerpts of a work for teaching purposes, subject to a license from a collective rights organization and acknowledgement of the author and title of the work. [2016 Article 39(1)]
- Reproduction to preserve an original copy or a lost, damaged or obsolete copy in a library or an archive, if it is impossible to obtain a copy under reasonable circumstances. [2016 Article 39(2)]
- Reproduction, publication and dissemination of public speeches and similar works for informatory purposes. [2016 Article 40]
- Performance of musical works by military bands for non-commercial purposes. [2016 Article 41]
- Compulsory licensing for translations. [2016 Article 42]
The 2008 Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) did not contain a freedom of panorama provision as well, as none of the exceptions under Articles 39–44 contained a provision allowing free uses of images of architectural and artistic works that can be found in public spaces:
- Article 39 permits reproductions of published works "for personal use only".
- Article 40 only allows noncommercial uses of extracts of works for teaching purposes.
- Article 42 is a close provision that allows "the press or other information media" to publish "works displayed openly to the public, provided that the name of the author is clearly indicated," but the types of works are restricted to "speeches, lectures, as well as legal proceedings or similar works," not architectural works or statuaries.
Threshold of originality
See also: Commons:Threshold of originality
Maybe 
OK based on list of protected works.
According to the 2008 and 2016 copyright laws, the list of protected works inclides: photographic works that have been created using an innovative mode; innovative works of handicraft or industrial art (carpet designs, rugs, felt carpet and its attachments etc.); innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.[2008 Article 6(1) items 7-9][2016 Article 7(1) items 7-9]
Stamps
See also: Commons:Stamps
Copyright expires 50 years after first put in circulation.[2008 Article 16.1.6]. For stamps published more than 50 years ago (before 1 January 1976) use {{PD-Afghanistan}}.
See also
Citations
- ↑ a b Afghanistan Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law). Afghanistan (2008). Retrieved on 2018-11-08.
- ↑ Islamic Republic of Afghanistan Official Gazette (15th October 2016). Islamic Republic of Afghanistan (2016). Retrieved on 2026-05-15.
- ↑ a b Comparative study of copyright laws in force in the states of Asia and Pacific region in relation to the Tunis Model Law on Copyright for Developing Countries. UNESCO (1982). Retrieved on 2026-05-12.
- ↑ a b Press Law (17 Sombula 1344). AsianLII (on WIPO Lex) (1965 (translation published 2011)). Retrieved on 2026-05-13.
- ↑ قوانین. Ministry of Information and Culture. Retrieved on 2026-05-15.
- ↑ No one authorized to copy, reproduce or violate copyright without consent of author. Taliban (2022). Retrieved on 2025-06-24.