共享资源:各地著作权法规/南美完整表

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This page is a translated version of a page Commons:Copyright rules by territory/Consolidated list South America and the translation is 67% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Consolidated list South America and have to be approved by a translation administrator.
VTE 各地著作權法規
UN地理亚区
UN地理亚区
非洲
美洲
亞洲
欧洲
大洋洲_(太平洋諸島嶼)
其他

This page gives overviews of copyright rules in different countries or territories of South America, as defined in the United Nations geoscheme for the Americas. It is "transcluded" from individual pages giving the rules for each country or territory. The list may be used for comparison or maintenance.

文本嵌入自
COM:Argentina

阿根廷

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

背景

Argentina has been an independent state since the early 19th century.

Argentina has been a member of the Universal Copyright Convention since 13 February 1958, the Berne Convention since 10 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009) as the main copyright law enacted by the legislature of Argentina.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

一般规则

According to Law No. 11.723 as amended up to Law No. 26.570 of November 25, 2009,

  • Ownership of intellectual works shall fall to the authors thereof during their lifetime, and to their heirs or legal successors for 70 years starting from January 1 of the year following the author's death.[11.723/2009 Article 5]
  • With works of collaboration, this term shall begin from January 1 of the year following the death of the last collaborating party.[11.723/2009 Article 5]
  • For posthumous works, the 70-year term shall begin from January 1 of the year following the death of the author.[11.723/2009 Article 5]
  • Ownership of intellectual performances fixed on phonograms shall fall to the performers for the period of 70 years starting from January 1 of the year following publication.[11.723/2009 Article 5bis]
  • The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works.[11.723/2009 Article 8]
  • For photographic works, the duration of the right of ownership shall be 20 years from the date of first publication.[11.723/2009 Article 34]
    • The Berne convention also requires protection for at least 25 years from creation of artistic photographs and works of applied art.[11.723/2009 Article 7(4)]
  • For cinematographic works, the right of ownership shall be 50 years from the death of the last of the collaborators listed in Article 20 of this Law.[11.723/2009 Article 34]

Historical changes in durations

  • The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a.
  • In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957.
  • In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).
  • For photographic works the duration of copyright is twenty years from the date of the first publication (article 34 of last version of 11723 law, updated (August 13, 1998) by law 24249 art 1).[3]

著作权标签

货币

OOjs UI icon close-ltr-destructive.svg 不可以. There is no exception for currency in the Argentine copyright law.

全景自由

  • OOjs UI icon check-constructive.svg 可以 for buildings {{FoP-Argentina}}
  • OOjs UI icon close-ltr-destructive.svg 不可以 for sculpture and other works

Argentina has no "freedom of panorama" provision in its copyright law, neither are buildings mentioned among works to which copyright apply. At least some think there is de facto freedom of panorama in Argentina regarding buildings:

  • It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
  • Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)[4]

Stamps

Copyrighted The basic copyright law of Argentina is Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009). There is no mention of stamps or official works in the law, but Article 8 (as translated) says that "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution and not a natural person so assume that where a stamp is anonymous, it is out of copyright after 50 years. Use {{PD-AR-Anonymous}} where applicable. If the designer of the stamp is shown, the stamp will remain in copyright for seventy years after death.

Threshold of originality

The creations are subject to a threshold of originality that distinguishes them from others by giving their personal imprint.[5]

See also

Citations

  1. a b Argentina Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009). Argentina (2009). Retrieved on 2018-11-08.
  3. Art. 34 Law 11723 del September 28, 1933, as modified by Ley 24870 Septiembre 11, 1997, as amended by Law 25006 B.O. 13/8/1998.
  4. Emery, Miguel Angel (1999) Propiedad Intelectual (4th ed.)、​Astrea Editors、​p. 40
  5. Cerlalc (25 July 2007). La obra. Originalidad. Marco conceptual Existencia del derecho (in Spanish). Retrieved on 2021-10-22.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Bolivia

玻利維亞

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

背景

Bolivia was colonized by the Spanish in the early 16th century. It became independent on 6 August 1825.

Bolivia has been a member of the Universal Copyright Convention since 22 March 1990, the Berne Convention since 4 November 1993 and the World Trade Organization since 12 September 1995.[1] Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 copyright rules issued by that customs union.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No.1322 of April 13, 1992, on Copyright as the main copyright law enacted by the legislature of Bolivia.[1] WIPO holds the text of this law in their WIPO Lex database.[3]

一般规则

Under Law No.1322 of April 13, 1992, on Copyright an author must be a natural person, but the Bolivian state and legal entities may exercise copyright as derived owners. Economic rights in a work may be transferred by contract in whole or part.

  • Individual works are protected for 50 years after the death of the author.[1322/1992 Article 18]
  • Joint works are protected for 50 years from the death of the last surviving author.[1322/1992 Article 18]
  • Economic rights in collective audiovisual and photographic works, phonograms, broadcasting programs and computer or computing programs, shall last 50 years starting from their publication, exhibition, fixation, transmission and utilization, as appropriate, or, if they have not been published, since their creation.[1322/1992 Article 19]
  • Anonymous and pseudonymous works are protected for 50 years after publication.[1322/1992 Article 19]

The time limits shall be calculated from the first day of January of the year following the author’s death or that of publication, exhibition, fixation, transmission, utilization or creation, as the case may be.[1322/1992 Article 19]

民俗:非自由

This Law shall be deemed to protect all those works considered as folklore: the body of literary and artistic works created on the national territory by authors who are unknown or who do not identify themselves and who are presumed to be nationals of the country or members of its ethnic communities and which is passed down from generation to generation, representing one of the fundamental elements of the nation’s traditional cultural heritage.[1322/1992 Article 21] Works of folklore, for the purposes of their utilization as literary and artistic works, shall be considered as works belonging to the national heritage, in accordance with the norms contained in Title XI of this Law, without prejudice to any norms of protection that may be adopted by other State institutions or through international agreements.[1322/1992 Article 22] Crafts and crafts designs shall be protected by the general norms of this Law, especially with regard to three-dimensional arts and the national heritage.[1322/1992 Article 23]

國家遺產和公共領域:不是免費的

参见:Commons:Paying public domain/zh

The following belong to the National Heritage: Works of folklore and traditional culture by unknown authors; Works whose authors have expressly waived their rights; Works of authors who have passed away without successors or successors in title; Works whose terms of protection as fixed by Articles 18 and 19 have expired; Patriotic and civic hymns and anything that has been taken up by any public or private institution. Foreign works whose term of protection has expired shall belong to the public domain.[1322/1992 Article 58] The utilization in any form or procedure of works from the National Heritage and the public domain shall be free, but anyone using such works for commercial purposes shall pay the State, in accordance with the provisions of the Regulations, a fee based on the fee for utilization of similar works covered by the private protection system.[1322/1992 Article 60] Income from the utilization of National Heritage works shall be earmarked exclusively for the promotion and dissemination of the country’s cultural values.[1322/1992 Article 61]

版权标签

货币

Purple question mark.svg Unsure According to Article 8 of the Law No.1322 of April 13, 1992, on Copyright: "Only a natural person may be an author; however, the State, public law bodies and moral or legal entities may exercise copyright as derived owners, in accordance with the norms of this Law".[1322/1992 Article 8]

Article 5(i) of Law No. 1322 defines "derived work" as: "Any work arising from the adaptation, translation or other transformation of an original work, provided that it constitutes a separate creation".[1322/1992 Article 5(i)]

The copyright law has provisions giving copyright to the State in national folklore and when Bolivian nationals die without heirs, so it is not clear if the government's right to hold copyright extends to banknotes.

全景自由

邮票

Red copyright.svg The Law No.1322 of April 13, 1992 on Copyright states that copyright protection expires 50 years after the author's death calculated from 1 January following the year of death.[1322/1992 Article 18] For "anonymous works ... and in pseudonymous works, the economic rights shall last 50 years after the works have been made known" also calculated from 1 January of the following year.[1322/1992 Article 19]

For stamps published more than 50 years ago (before 1 January 1972) use {{PD-Bolivia}}.

Threshold of originality

參見

引用

  1. a b Bolivia (Plurinational State of) Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Cerda Silva, Alberto J. (2012) Copyright Convergence if the Andean Community of Nations[1], Intellectual Property Law Section of the State Bar of Texas
  3. Law No.1322 of April 13, 1992, on Copyright. Bolivia (1992). Retrieved on 2018-11-08.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Brazil

巴西

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

背景

Brazil became independent of Portugal in 1822 with the creation of the Empire of Brazil. The country became a presidential republic in 1889 following a military coup d'état.

Brazil has been a member of the Berne Convention since 9 February 1922, the Universal Copyright Convention since 13 January 1960 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended by Law No. 12.853 of August 14, 2013) as the main IP law enacted by the legislature of Brazil.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended up to Law No. 10.196 of February 14, 2001) is also relevant.[3]

一般规则

According to Brazilian Copyright law of 1998,

  • The author has the exclusive right to use his literary, artistic or scientific work, to derive benefit from it and to dispose of it.[9.610/2013 Article 28]
  • The author's economic rights shall be protected for a period of 70 years as from the first of January of the year following his death, subject to observance of the order of succession under civil law.[9.610/2013 Article 41]
  • Where a literary, artistic or scientific work of joint authorship is indivisible, the term of protection provided for in the foregoing Article shall be calculated from the death of the last surviving joint author.[9.610/2013 Article 42]
  • The term of protection of economic rights in anonymous or pseudonymous works shall be 70 years counted from the first of January of the year following that of the first publication.[9.610/2013 Article 43] The provisions of Articles 41 apply where the author makes his identity known before the expiry of the period referred to in the introduction to this Article.
  • The economic rights in audiovisual and photographic works shall be protected for a period of 70 years from the first of January of the year following that of their disclosure.[9.610/2013 Article 44]
  • In addition to the works in respect of which the protection of the economic rights has expired, the following shall pass into the public domain.[9.610/2013 Article 45]:
    • I. the works of authors deceased without heir;
    • II. the works of unknown authors, subject to the legal protection of ethnic and traditional lore.
  • The term of protection of neighboring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organization, and public performance in other cases.[9.610/2013 Article 96]

政府作品

Under the Berne Convention, 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. The convention was implemented by Federal Decree nº 75.699 of 1975 but the decree does not address the issue. Some freedom of access was defined in 1988 with the new Federal Constitution,

[4][5][6]

  • Article 5 (XIV) – access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity.
  • Article 216 (Para 2) It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so.

In 1998 the exclusion from copyright protection of these types of work was expressed by article 8, items I and IV of the Copyright law. It excludes legislative and judicial documents, but not all works (ex. cited maps, tables, etc.) created by the federal government.

See {{PD-BrazilGov}}. Note: a special clause must be added to the CC0 implicit license of legislative documents that obliges copiers to add a red notice saying "This text does not replace the original published in the Official Gazette".

URAA:乌拉圭回合协议法案

See {{PD-Brazil-URAA}} for compatibility between the United States Uruguay Round Agreements Act and works in the public domain in Brazil.

Photos

All photographic works produced until 19 June 1998 follow the 1973 Brazilian copyright law, which deemed Public Domain works not considered to be "artistic creations". This includes documentary photography in general (commercial or not), as well as non-artistic photographic portraits. {{PD-Brazil-Photo}} should be used for those cases. Some examples to help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

  • OOjs UI icon check-constructive.svg OK The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique"
    TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (2006): "não se considera criação artística as fotografias tiradas por profissional do ramo que retratam de forma manifestamente singela, sem o emprego de qualquer técnica diferenciada, o frontispício de um edifício residencial e a vista parcial da cidade, em observância a contrato de prestação de serviços entabulado com empresa do ramo imobiliário e com destino publicitário previamente ajustado entre as partes"
  • OOjs UI icon check-constructive.svg OK Mere documental, descritive photographs in general, such as photographs documenting social reunions:
    TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (2006): ""mera documentação fotográfica, sem caráter artístico, afasta a incidência do direito de autor, "... tornando possível o uso de terceiro sem menção do nome do fotógrafo, pois, conforme lei brasileira, somente a fotografia artística (pela escolha do objeto e condiçõe de execução) se inscreve dentre as obras protegidas." (...) [segue exemplo ilustrativo] fotografias documentárias de reuniões sociais - Autor que na época estava do desempenho de funções junto ao réu - Inexigível a referência ao nome do fotógrafo por não se tratar de trabalho artístico - Falta de originalidade, criatividade, valor estético ou de furo de documentação "
  • OOjs UI icon check-constructive.svg OK
    TJ-PR - Apelação Cível : AC 946589 PR Apelação Cível - 0094658-9 (2000) "As fotografias destinadas a documentos de identidade, produzidas por máquinas automáticas, não são obras artísticas. (...) Também não devem alcançar a proteção do direito de autor as fotografias meramente técnicas, em que se procura uma reprodução tal qual de certo objetivo, sem a menor preocupação artística."
  • OOjs UI icon close-ltr-destructive.svg Not OK
    TJ-MG : 2933464 MG 2.0000.00.293346-4/000(1) (2000) "as fotos [...] denotam caráter artístico, caracterizando-se pela originalidade, criatividade e técnica da sua autora, elementos que dela não se podem excluir como reveladores, a princípio, de uma obra de arte. Não são elas, como pretende o apelante, meras constatações ou reproduções de imagens para fins publicitários, ou instantâneos comuns"

版权标签

  • {{PD-BrazilGov}} – for works published or commissioned by a Brazilian government (federal, state, or municipal) prior to 1983, or the text of a treaty, convention, law, decree, regulation, judicial decision, or other official enactment.
  • {{PD-Brazil-Photo}} - Non-artistic photographs produced until 19 June 1998.
  • {{PD-Brazil-media}} – for Brazilian photographs and audiovisual works first published more than 70 years ago.
  • {{PD-Brazil-URAA}} – for Brazilian works published before 1989, whose author died before 1936, or anonymous works published before 1936.
  • {{PD-BR-1937}} – for Brazilian audiovisual works created before 1937 that entered the public domain 60 years after creation.
  • {{Arquivo Nacional PD-license}} – for works preservated by the Brazilian National Archives.

See also Category:License tags attribution from Brazil, for example:

货币

OOjs UI icon check-constructive.svg 可以

Under the Copyright Law, all works subsidized by the Union are in the public domain.[9.610/2013 Article 6] According to the Industrial Property Law of 1996,

  • The following are not registrable as marks: ... reproductions or imitations of titles, policies, coins, and paper currency of the Union, the States, the Federal District, the Territories, the Municipalities, or of a country.[9.279/1996 Art.124(XIV)]
  • However, the law prohibits reproducing or imitating, in whole or in part and in a way that may induce error or confusion, coats of arms, escutcheons, or national, foreign or international official badges, without the necessary authorization, in a mark, title of establishment, trade name, insignia or advertising sign, or using such reproductions or imitations for economic purposes.[9.279/1996 Art.191]

请使用:{{Money-BR}}

Illegal graffiti

OOjs UI icon check-constructive.svg 可以 Graffiti in Brazil produced without the authorization of the owner of the place where the artwork is installed is not subject to copyright.[7]

全景自由

OOjs UI icon check-constructive.svg 可以, {{FoP-Brazil}} with caveats. Freedom of panorama is allowed in Brazil, including commercial use, to some extent. According to the Copyright Law 9.610 as of 2013,

  • Works permanently located in public places may be freely represented by painting, drawing, photography and audiovisual processes.[9.610/2013 Article 48]

Representation is allowed, but reproduction is forbidden. Works of art placed in locations with access to the public can be freely represented by photography, painting, drawing and audiovisual means, to the extent that it does not reproduce the artwork. Commercial use is allowed, as long as the artist's work is properly attributed and the representation does not consist of a reproduction. The existing jurisprudence consistently allows commercial use of artworks under freedom of panorama, as long as the artwork is accessory, and is not detached from its surrounding elements, and therefore not unfairly used to produce revenue that by law belongs to the artist.

According to the available jurisprudence, and the ongoing debate about Article 48 in Brazil, "Public places" means "places available to the public", including private property and building interiors. Lawyer Marcelo Frullani Lopes says on the question of commercial use of representations of the Rio de Janeiro iconic landmark Christ the Redeemer: "although the area is privately owned, public access to the site is not restricted. One cannot ignore, also, that the Christ Redeemer is part of the landscape of Rio de Janeiro. From this point of view, the place where the work is located must be considered a public place."

[8]

Examples of public places quoted in a 2017 court case include squares, gardens, sidewalks, parks, avenues, streets, museums, cultural entities.

[9]

Article 48 of Law nº 9.610 of February 19, 1998 must be interpreted with other articles of the law, as established by case law.

[10]

  • Article 5 of Federal Constitution of Brazil states: XXVII – the exclusive right of use, publication or reproduction of works rests with their authors and is transmissible to their heirs for the time the law shall establish.
  • Under the Copyright Law as of 2013, unless otherwise agreed, the author of a work of art, when disposing of the object in which it materializes, transmits the right to exhibit it, but does not transmit to the acquirer the right to reproduce it.[9.610/2013 Article 77] Authorization to reproduce a work of art in any form must be in writing and is assumed to be costly (se presume onerosa).[9.610/2013 Article 78]

全景自由的法院案例

Statue of Christ the Redeemer in Rio de Janeiro
  • In Frederico George Barros Day vs. Edipress (2016): A mural in a public alley was represented by photography in a commercial publication, deformed and without attribution. The court considered the artwork was not being used in a way that took away revenue from the artist, even by being in a commercial publication. However, it considered that the artist's moral rights were violated due to lack of attribution and misrepresentation of the work in an improper way (deformed mural), causing damage to his reputation. An indemnization was granted.

[11]

  • In a more recent case involving the same artist, Frederico George Barros Day (graffiter) vs. Editora Abril (2017), the artwork was reproduced on magazine covers, without attribution and with clear commercial intent, due to freedom of panorama being confused with Public Domain. An indemnization was granted.

[12]

  • In Ricardo Fernandez Costa (artist) vs. Leo Burnett Publicidade Ltda (2017): Use of mural graffiti placed in a public alley in publicity campaign for shopping center, the court considered there was no breach of moral or material rights of the author, and that the use was allowed under Article 48.

[13]

  • Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol - CBF & Outplan Sistemas (2017) concerned representation of the artist's sculpture "Araras" in tickets sold for a soccer game. Commercial use of the representation was considered by the court to be covered by freedom of panorama as it was not detached from its landscape.

[14]

  • This differs from Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, where a statue was detached from its surroundings on commercialized phone cards.

[15]

  • In Frederico George Barros Day (graffiter) vd. Edições Globo Conde Nast, commercial use of a representation of the mural in a fashion presentation was deemed to be correct under Article 48, as it was contained within the street landscape.

[16]

  • In the Panda / Mochilheira case (2015), commercial use of a representation of a mural in a fashion presentation was deemed to be correct under Article 48. Use of the "Panda" mural as background for the Mochilheira fashion show was deemed by the court to be accessory, and therefore covered by Article 48.

[17]

  • In Camila Pavanelli & others (mural artists/graffiters) vs. Lew’lara/TBWA Publicidade Propaganda, casual presence of artwork in a commercial spot was not in breach of the law under Article 48.

[18]

  • In a much quoted 2011 court case, Sival Floriano Veloso (sculptor) vs. Telemar Norte Leste SA, commercial use of representations of sculptures in a public place was deemed to be unlawful in court. On the phone cards being sold, the sculptures had been detached from their surrounding elements, which was considered to be in breach of Article 48. The court case lasted from 2007 to 2011, dealing with use of representations of sculptures placed in a public place in phone cards sold by the phone operator. The sculptures had been detached from their surrounding elements, which was considered to violate the spirit of Article 48. Of the three judges that voted on the final sentence, two considered that Article 48 does not cover commercial use of representations of artworks, when that representation was only about the artwork. The third judge considered that commercial use was allowed by Article 48, even when the only represented subject was the artwork.

[19]

  • Compare the above with Cleir Ávila Ferreira Júnior (artist) vs. Confederação Brasileira de Futebol, where the commercial use of an image of an artwork under copyright was considered to be covered by Article 48, as unlike this case, it had not been detached from its surrounding elements.

[20]

  • The situation was repeated in 2016, when a representation of a house on a commercial product was detached from its surrounding elements and used commercially by a paint manufacturer without consent by the architect, and without proper attribution.

[21]

  • Other cases, in particular related to Rio de Janeiro's iconic Christ the Redeemer which has been widely used commercially, have been quoted in court and in technical opinions to support the notion that Article 48 does indeed allow for free and unrestricted representation of works of art in public places.

[22]

  • In a 2017 juridical technical opinion, statues in public squares used in selling products were presented as an example of what is covered by Article 48. Recent jurisprudence related to Article 48 reinforces the notion that freedom of panorama in Brazil cannot be used in any way that provenly takes or diverts revenue that by right would belong to the artist.

[23]

  • In 2016, a controversial court case arose about a paint brand who used the representation of a copyrighted architectural work (house) to sell the paints, without attributing the work, and under the payment of a fee to the house owners (not the copyright holders). While the court considered the commercial use of the artwork representation unlawful, and granted compensation to the copyright holder, it based its sentence on the fact that there was payment for the use of the specific artwork to someone who was not the copyright holder of the work, thus taking away revenue from the artist and damaging his rights. The court also emphasized the architect's moral rights violation, from commercializing his work without properly attributing it, and said this fact alone was enough to warrant compensation.

[24]

    • Use of the above decision to imply an interpretation of Article 48 as forbidding commercial use in general is disputed and contradicted by other evidence.

[25]

    • Also, in this case, the image of the house on the commercialized product was detached from its surrounding elements.

[26]

    • The Superior Court has written, "The point is not merely representation of the surroundings of the architectural work, but of representation of the architectural work solely for the purpose of profit."

[27]

  • In any case, the ongoing debate on Brazilian jurisprudence over Article 48 is limited to the resulting financial damage to the artist, which has to be consistently demonstrated by palpable proof, and not to the use of artwork representations.

[28][29]

  • More recently, in June 2018, a 2nd instance Brazilian court affirmed the a hospital had the right to commercially use the image of the Rio de Janeiro Monument of the Redeemer even without any landscape context. "Article 48 of Law 9.610/98 in its literal sense authorizes the free representation of works located permanently in public places, and does not require maintenance of the landscape context."

[30]

邮票

1983年以前

PD-icon.svg使用{{PD-BrazilGov}}

1983年以后

Red copyright.svg

原创门槛

There are some court cases related to threshold of originality in Brazil. According to one study, and the court decisions contained in it, the concept of creativity in Brazil is way more strict and exigent than in the United States, and consequently the threshold of originality is considerably higher than the United States, which is the general reference in Commons.

[31]

Examples:

  • OOjs UI icon check-constructive.svg 可以. In the case of Boneco de Preço Miúdo (2011), puppets that were a tridimensional and humanized version of a logo were deemed by the court to lack enough originality to be protected. The court considered that there was no originality or unpublished work in the puppets because they represented an already existing symbol (the supermarket's logo), and that there were already previous 3D and humanized versions of that logo. The court did not grant any value nor legal protection to the specific 3D and humanized version of the logo in question, and called it something like a "stylization subordinate to a previous idea".

[32]

  • OOjs UI icon check-constructive.svg 可以. Copyright for compilations/ reorganizations of already existing elements has often been rejected on court, hinting that the threshold for what constitutes an "intellectual creation" in this respect is quite high in Brazil.

[33]

  • OOjs UI icon check-constructive.svg 可以. Slogans are generally acceptable. In rare occasions they may be protected, when there is such a level of creativity as to attain the level of a literary work. For example, in the Guerra das Moedas court case (2013), copyright in the expression was not recognized by the court. The verdict stated that the language is the cultural patrimony of the people, so language expressions can't be protected by law. The Rede Globo vs. Ronaldo Ciambroni case was similar.

[34][35]

Some examples help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

  • OOjs UI icon check-constructive.svg 可以. The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique". The court ruled: "photographs are not considered artistic creations ... that portray in a manifestly simple way, without use of any differentiated technique, the front of a residential building and a partial view of the city, under a service contract with a real estate business with a predefined advertising purpose"

[36]

  • OOjs UI icon check-constructive.svg 可以. Simple documentary, descriptive photographs in general, such as photographs documenting social reunions: In SC-AC 111630 SC 2002.011163-0 (2006): "mere photographic documentation, without artistic character, does not qualify for copyright ... making it possible to use a copy without mention of the photographer's name, since, according to Brazilian law, only artistic photography (by choice of the object and conditions of execution) is listed among protected works. ... [for example] with documentary photographs of social gatherings, where the author was performing duties for the defendant, a reference to the photographer's name is not required because it is not an artistic work..."

[37]

  • OOjs UI icon check-constructive.svg 可以. A 2000 ruling stated: "Photographs for identity documents, produced by automatic machines, are not artistic works. ... Neither should purely technical photographs, which reproduce a certain object without the slightest artistic concern, be protected by copyright."

[38]

  • OOjs UI icon close-ltr-destructive.svg 不可以 Another 2000 decision stated: "the photos [...] have an artistic character characterized by the originality, creativity and technique of its author, elements that reveal ... a work of art. They are not, as the appellant claims, mere reproductions of images for advertising purposes, or common snapshots."

[39]

Paes Mendonça S.A.jpg Puppets who were a tridimensional and humanized version of this logo were deemed in court to lack enough originality to be protected.

参见

引用

  1. a b Brazil Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended by Law No. 12.853 of August 14, 2013). Brazil (2013). Retrieved on 2018-11-08.
  3. Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended up to Law No. 10.196 of February 14, 2001) (in Portuguese). WIPO. Retrieved on 2019-03-12.
  4. Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979). WIPO. Retrieved on 2019-03-12.
  5. Decreto nº 75.699, de 6 de Maio de 1975 (in Portuguese). LEXML (6 May 1975). Retrieved on 2019-03-12.
  6. Constitution of the Federative Republic of Brazil (Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994 (in English). Retrieved on 2019-03-12.
  7. Grafite e Direito Autoral (in Portuguese) (2019). Retrieved on 2021-07-16. "Para não ser considerada crime ambiental, se feita em local particular necessita da autorização do dono e em local público da autorização do órgão competente, caso isso não ocorra será considerada crime, e nesse caso entende-se que não seria nem poderia ser protegida pela lei de direitos autorais.."
  8. Marcelo Frullani Lopes (23 August 2014). Representação do Cristo Redentor em filme não pode ser vetada (in Portuguese). "apesar de a área ser de propriedade privada, o acesso público ao local não é restrito. Não se pode ignorar, também, que o Cristo Redentor integra a paisagem do Rio de Janeiro. Por esse ponto de vista, o local em que a obra se encontra deve ser considerado logradouro público para fins de aplicação desse dispositivo."
  9. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  10. RECURSO ESPECIAL Nº 951.521 - MA (2007/0103380-7) (in Portuguese). Retrieved on 2019-03-12.
  11. Tribunal de Justiça de São Paulo TJ-SP - Apelação : APL 10052213320138260020 SP 1005221-33.2013.8.26.0020 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  12. Tribunal de Justiça de São Paulo TJ-SP - Apelação : APL 10052213320138260020 SP 1005221-33.2013.8.26.0020 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  13. Página 775 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Maio de 2017 (in Portuguese). Retrieved on 2019-03-12.
  14. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  15. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 - Inteiro Teor (in Portuguese). Retrieved on 2019-03-12.
  16. Página 545 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Janeiro de 2016 (in Portuguese). Retrieved on 2019-03-12.
  17. Tribunal de Justiça de São Paulo TJ-SP - Embargos de Declaração : ED 10016691920158260011 SP 1001669-19.2015.8.26.0011 (in Portuguese). Retrieved on 2019-03-12.
  18. 1007409-55.2015.8.26.0011 Camila Pavanelli e outro v. Lew’lara/TBWA Publicidade Propaganda Ltda. e outros (in Portuguese). Retrieved on 2019-03-12.
  19. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 (in Portuguese). Retrieved on 2019-03-12.
  20. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 1438343 MS 2013/0095665-3 (in Portuguese). Retrieved on 2019-03-12.
  21. Uso de casa para publicidade deve ter consentimento de proprietário e arquiteto (in Portuguese) (8 December 2016). Retrieved on 2019-03-12.
  22. Superior Tribunal de Justiça STJ - RECURSO ESPECIAL : REsp 951521 MA 2007/0103380-7 (in Portuguese). Retrieved on 2019-03-12.
  23. Samory Santos Advocacia e Consultoria. Doutor, violaram meus Direitos Autorais, e agora? (in Portuguese). Retrieved on 2019-03-12.
  24. Superior Tribunal de Justiça STJ - EMBARGOS DE DECLARAÇÃO NO RECURSO ESPECIAL : EDcl no REsp 1562617 SP 2015/0250795-0 (in Portuguese). Retrieved on 2019-03-12.
  25. Marcelo Frullani Lopes (1 March 2017). O STJ e a questão da proteção autoral de obras arquitetônicas (footnote 3) (in Portuguese). Retrieved on 2019-03-12.
  26. Uso de casa para publicidade deve ter consentimento de proprietário e arquiteto (in Portuguese) (8 December 2016). Retrieved on 2019-03-12.
  27. Página 2657 do Superior Tribunal de Justiça (STJ) de 30 de Novembro de 2016 (in Portuguese). Retrieved on 2019-03-12. "A hipótese, todavia, não é de mera representação a paisagem, em que inserida a obra arquitetônica, mas sim de representação unicamente da obra arquitetônica, com a finalidade lucrativa."
  28. Página 545 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 29 de Janeiro de 2016 (in Portuguese). Retrieved on 2019-03-12.
  29. Andamento do Processo n. 1008991-90.2015.8.26.0011 - Procedimento Ordinário - Direito Autoral - 01/09/2015 do TJSP (in Portuguese). Retrieved on 2019-03-12.
  30. Página 203 da II - Judicial - 2ª Instância do Diário de Justiça do Rio de Janeiro (DJRJ) de 29 de Junho de 2018 (in Portuguese). Retrieved on 2019-03-12. "Acórdão claro com relação à aplicação do artigo 48 da Lei nº 9.610/98 em sua literalidade, o qual autoriza a livre representação de obras situadas permanentemente em logradouros públicos, não se exigindo a manutenção do contexto paisagístico."
  31. Denis Borges Barbosa (dezembro de 2012). Como o requisito autoral de originalidade vai se radicando nos precedentes judiciais (in Portuguese). Retrieved on 2019-03-12.
  32. Página 417 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 26 de Julho de 2011 (in Portuguese). Retrieved on 2019-03-12.
  33. STJ AI 604.956 - MG (2004/0059338-6), Ministro Carlos Alberto Menezes Direito, 30 de setembro de 2004; also PROCESSO TRT/SP Nº 0001174-81.2012.5.02.0086 (2016).
  34. Guerra das Moedas court case.
  35. Quarta Turma não reconhece violação de direito autoral em título de novela da Globo (in Portuguese) (18 May 2017). Retrieved on 2019-03-12.
  36. Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). "não se considera criação artística as fotografias tiradas por profissional do ramo que retratam de forma manifestamente singela, sem o emprego de qualquer técnica diferenciada, o frontispício de um edifício residencial e a vista parcial da cidade, em observância a contrato de prestação de serviços entabulado com empresa do ramo imobiliário e com destino publicitário previamente ajustado entre as partes"
  37. Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). Retrieved on 2019-03-11. "mera documentação fotográfica, sem caráter artístico, afasta a incidência do direito de autor, "... tornando possível o uso de terceiro sem menção do nome do fotógrafo, pois, conforme lei brasileira, somente a fotografia artística (pela escolha do objeto e condiçõe de execução) se inscreve dentre as obras protegidas." (...) [segue exemplo ilustrativo] fotografias documentárias de reuniões sociais - Autor que na época estava do desempenho de funções junto ao réu - Inexigível a referência ao nome do fotógrafo por não se tratar de trabalho artístico - Falta de originalidade, criatividade, valor estético ou de furo de documentação"
  38. Tribunal de Justiça do Paraná TJ-PR - Apelação Cível : AC 946589 PR Apelação Cível - 0094658-9 (in Portuguese) (2000). Retrieved on 2019-03-12. "As fotografias destinadas a documentos de identidade, produzidas por máquinas automáticas, não são obras artísticas. (...) Também não devem alcançar a proteção do direito de autor as fotografias meramente técnicas, em que se procura uma reprodução tal qual de certo objetivo, sem a menor preocupação artística."
  39. Tribunal de Justiça de Minas Gerais TJ-MG : 2933464 MG 2.0000.00.293346-4/000(1) (in Portuguese). Retrieved on 2019-03-12. "as fotos [...] denotam caráter artístico, caracterizando-se pela originalidade, criatividade e técnica da sua autora, elementos que dela não se podem excluir como reveladores, a princípio, de uma obra de arte. Não são elas, como pretende o apelante, meras constatações ou reproduções de imagens para fins publicitários, ou instantâneos comuns"
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文本嵌入自
COM:Chile

智利

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

背景

What is now Chile was colonized by Spain in the mid-16th century. Chile declared its independence from Spain in 1818.

Chile has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 5 June 1970, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 17.336 on Intellectual Property (as amended up to Law No. 21045 of November 3, 2017 as the main IP law enacted by the legislature of Chile.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

一般规则

As of the 2017 revision:

  • Protection lasts for the author's life, then for 70 years after the date of death.[17.336/2017 Art.10]
  • Works made for hire are protected for 70 years from first publication.[17.336/2017 Art.10]
  • For collaborative works, the term of 70 years runs from the death of the last surviving co-author.[17.336/2017 Art.12]
  • Anonymous or pseudonymous works are protected for 70 years from first publication, or if not published within 50 years of creation the protection will be for 70 years from the end of the calendar year of creation.[17.336/2017 Art.13]

传统文化遗产

The common cultural heritage includes.[17.336/2017 Art.11]:

a) Works whose term of protection has been extinguished;
b) Work of an unknown author, including the songs, legends, dances and expressions of the folkloric heritage;
c) Works whose owners waived the protection granted by this law;
d) Works of foreign authors, domiciled abroad that are not protected by international conventions that Chile subscribes to and ratifies;
e) Works that were expropriated by the State, unless the law specifies a beneficiary.

Works of common cultural heritage may be used by anyone, provided that paternity and the integrity of the work is respected.

版权标签

货币

OOjs UI icon close-ltr-destructive.svg 不可以 The Central Bank of Chile holds the intellectual property for the designs of banknotes and coins in circulation, and those designs are registered with the Department of Intellectual Property (N° 115.594). This is expressed in Sections 28 of the Constitutional Organic Act. Publication or reproduction of such designs without the consent of the Bank is prohibited, and subject to criminal and civil sanctions.[17.336/2017 Art.78]

[3]

全景自由

  • OOjs UI icon check-constructive.svg 可以 for most works permanently located in "squares, avenues and public places." {{FoP-Chile}}
  • OOjs UI icon close-ltr-destructive.svg 不可以 for copyrighted literary works, as such works are in a separate category – Article 3(1) and (2) – as opposed to lithography (Article 3(7)), finished architectural projects (Article 3(9)), two-dimensional works (Article 3(11)), and three-dimensional works (Article 3(12)).

The Chilean copyright law 17336 provides freedom of panorama for architectural and artistic works:

  • The reproduction of architectural works by means of photography, film, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education, is free and is not subject to to remuneration, provided that it is not in a separate, complete or partial collection, without authorization of the author.[17.336/2017 Art.71F]
  • Art. 1 Nº 8 Likewise, reproduction through photography.[17.336/2017 Art.71F]
  • Drawing or any other procedure, of monuments, statues and, in general, artistic works that permanently adorn squares, avenues and public places, is free and is not subject to remuneration, the publication and sale of the reproductions being lawful.[17.336/2017 Art.71F]

原创门槛

The phrase "Estamos bien en el refugio los 33", a message from the Copiapó miners (penned by Jose Ojeda), was copyrighted.

[4]

參見

Citations

  1. a b Chile Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. LLey N° 17.336 sobre la Propiedad Intelectual (modificada por la Ley N° 21045 del 3 de noviembre de 2017). Chile (2017). Retrieved on 2021-06-30.
  3. $CLP Chilean peso. Central Bank Counterfeit Deterrence Group. Retrieved on 2019-01-21.
  4. Message which brought hope now copyright of Chile miner. BBC (22 October 2010). Retrieved on 2019-01-21.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Colombia

哥伦比亚

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

背景

The Republic of Colombia was declared in 1886. Panama was included in Gran Colombia from 1821, and seceded as an independent nation in 1903.

Colombia has been a member of the Universal Copyright Convention since 18 June 1976, the Berne Convention since 7 March 1988, the World Trade Organization since 30 April 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 23 of January 28, 1982, on Copyright as the main copyright law enacted by the legislature of Colombia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This has been modified by

  • Law No. 719 of December 24, 2001
  • Law No. 1403 of July 19, 2010
  • Law No. 1450 of June 16, 2011
  • Law No. 1835 of June 9, 2017
  • Law No. 1915 of July 12, 2018

一般规则

According to the Colombian Law 23 of 1982 on Copyright, amended by Law 44 of 1993, Article 2 and Law 1520 of 2012,

  • The author rights expire 80 years after the death of the author or the death of the last coauthor. Where the copyright has been transferred by means of an act between living persons, the protection period still remains for 80 years after the death of the author.[23/1982–2018 Art 11,21]
  • Protection for compilations, dictionaries, encyclopedias and other collective works lasts 80 years from date of publication.[23/1982–2018 Art 24]
  • Protection of anonymous works expires 80 years from the date of publication.[23/1982–2018 Art 25]
  • Protection for cinematic works lasts 80 years after the movie's premiere.[23/1982–2018 Art 26]
  • In all cases where a literary, scientific or artistic work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.[23/1982–2018 Art 27]
  • In all cases where the applicable term of protection starts on the date of publication, the said term shall be understood to end on December 31 of the relevant year.[23/1982–2018 Art 28]

版权标签

  • {{PD-Colombia}} – generally 80 years after the author's death or 80 years after publication of audiovisual works, collective works and anonymous works. In all cases where a work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.

货币

OOjs UI icon close-ltr-destructive.svg 不可以设计拥有发表后70年版权。

Both banknotes and coins are produced by the Banco de la República, the Colombian central bank. They claim all rights reserved on their website in the footer of all pages, and in a legal disclaimer (Spanish: [2]) which asserts intellectual property over the website's designs and trademarks. There is no further information provided about the legality of photographic reproductions or similar. Colombia's copyright law has no exemption for government works, meaning that the Bank is permitted to claim copyright, for up to 70 years from the date of publication. The law makes no exemptions for banknotes or currency either.

全景自由

OOjs UI icon check-constructive.svg OK {{FoP-Colombia}}

  • It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works that are permanently located on public highways, streets or squares, and to distribute such reproductions or works and communicate them to the public. With regard to works of architecture, this provision shall be applicable solely to outward views.[23/1982–2018 Art 39]

邮票

受版权保护邮票似乎在70年之后不再受版权保护。如果邮票于1952年1月1日之前发布,请使用{{PD-Colombia}}

Threshold of originality

The threshold of originality is subject to the personal stamp that the author puts on their work.[3]

参见

引用

  1. a b Colombia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 23 of January 28, 1982, on Copyright. Colombia (1982). Retrieved on 2018-11-08.
  3. ¿En Colombia los tweets están protegidos por el Derecho de Autor?. Derecho de Autor Colombia (2016). Retrieved on 2021-09-23.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Ecuador

厄瓜多尔

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

背景

Ecuador was colonized by Spain during the 16th century. It became independent in 1820 as part of Gran Colombia, and became a sovereign state in 1830.

Ecuador has been a member of the Universal Copyright Convention since 5 June 1957, the Berne Convention since 9 October 1991, the World Trade Organization since 21 January 1996 and the WIPO Copyright Treaty since 6 March 2002.[1] Ecuador is also a member of the Andean Community of Nations. In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.[2][3]

The UNHCR holds a copy of Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual.[4] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, held a copy of the Intellectual Property Law (Codification No. 2006­-13) in their WIPO Lex database.[5] WIPO did not list this law among those enacted by the legislature.[1]

一般规则

Under the Intellectual Property Law (Codification No. 2006­-13),

  • Economic rights shall last throughout the author's lifetime and for 70 years after their death, regardless of the country of origin of the work.[2006­-13 Art.80]
  • With works of joint authorship, the period of protection shall commence on the death of the last joint author.[2006­-13 Art.80]
  • With posthumous works, the period of 70 years shall commence on the date of the author's death.[2006­-13 Art.80]
  • An anonymous work the author of which does not make byself known within 70 years of the date of first publication shall enter the public domain. Where the identity of the author of a work published under a pseudonym is not known, the work shall be considered anonymous.[2006­-13 Art.80]
  • Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006­-13 Art.81]

政府版权

{{PD-EC-exempt}}. The following shall not be protected: ... legal and regulatory provisions, judicial decisions, and instruments, agreements, deliberations and rulings of public bodies, and also the official translations thereof.[2006­-13 Art.10]

全景自由

OOjs UI icon check-constructive.svg 可以 {{FoP-Ecuador}}

See Andean Community:Freedom of panorama.

According to Intellectual Property Law (Codification No. 2006­-13), "Provided that fair use is respected and normal exploitation of the work is not adversely affected or injury caused to the right holder, exclusively the following acts ... shall be lawful: (f) the reproduction, communication and distribution of works that are permanently located in public places, by means of photography, painting, drawing or any audiovisual process, provided that the name of the author of the original work and the place where it is located are specified, and that the purpose is strictly to disseminate art, science and culture".[2006­-13 Art.83(f)]

Decision 351 of the Andean Community of Nations, which is binding on Ecuador, provides for freedom of panorama as follows: "Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".[351/1993 Article 22(h)]

邮票

Copyrighted Under the Intellectual Property Law (Codification No. 2006­-13) there is no exception for stamps, which would be protected for 70 years from publication.

  • Protected works shall include, inter alia, the following: ... works of painting, drawing, engraving and lithography ....[2006­-13 Art.8(f)]
  • The employer or commissioner owns copyright in works by made employees or commissioned.[2006­-13 Art.16]
  • Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006­-13 Art.81]

Threshold of originality

See Andean Community: Threshold of originality

参见

引用

  1. a b Ecuador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Cerda Silva, Alberto J. (2012). Copyright Convergence if the Andean Community of Nations. Intellectual Property Law Section of the State Bar of Texas. Retrieved on 2018-11-30.
  3. Andean Community (17 December 1993). Decision No. 351—Common Provisions on Copyright and Neighboring Rights. Retrieved on 2018-12-01.
  4. Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual (1998). Retrieved on 2018-12-12.
  5. Intellectual Property Law (Codification No. 2006­-13). Ecuador (2006). Retrieved on 2018-11-08.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Falkland Islands

福克蘭群島

其他地区,例如属地、联邦、曾经的国家

本页提供福克兰群岛版权法规的概况,用以辅助向维基共享资源上传作品。请注意,任何原来在福克兰群岛当地发表的作品,必须在福克兰群岛和美国同时处于公有领域或是以自由授权协议发布,才能够上传至维基共享资源。如果您对于在福克兰群岛发表的任何一个作品的著作权有疑虑,请参考下列对应的法规来进行厘清。

背景

The Falkland Islands have had French, British, Spanish, and Argentine settlements at different times. They have been controlled by Britain since 1833. The Falkland Islands is a British Overseas Territory, though Argentine remains claiming sovereignty here. It is self-governing, and its government enacts local laws. These are largely based on British law.

As of 2019, the Falkland Island government lists the Copyright Act 1956 c.74 as being applicable in the Falkland Islands by virtue of the Copyright (Falkland Islands) Order 1963 (S.I. 1963/1037).[1] The United Kingdom government holds a copy of this act as originally enacted.[2]

一般规则

Under the Copyright Act 1956,

  • Copyright subsist­ing in a work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[1956 Sec.2(3), 3(4)]
  • If the work had not been made public before the death of the author, copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which it was made public.[1956 Sec.2(3), 3(4)]
  • Where the first publication of a literary, dramatic, or musical work. or of an artistic work other than a photograph, is anonymous or pseudonymous, any copyright subsisting in the work ... shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the work was first published, and shall then expire.[1956 2nd Sched. Sec.2]
  • The copyright in a photograph shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published, and shall then expire.[1956 Sec.3(4b)]

全景自由

OOjs UI icon close-ltr-destructive.svg 不可以。1956年版权法案不包含有关全景自由的规定。

The Copyright Act 1956 c. 74 provides freedom of panorama at Section 9, General exceptions from protection of artistic works.

  • The copyright in a work to which this subsection applies which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[1956 Sec.9(3)]
  • (This subsection [Sec.9(3)] applies to sculptures, and to such works of artistic craftsmanship as are mentioned in paragraph (c) of subsection (1) of section three of this Act.)
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[1956 Sec.9(4)]
  • Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[1956 Sec.9(5)]
  • The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film, if by virtue of any of the three last preceding subsections the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.[1956 Sec.9(6)]

参见

引用

  1. Copyright Act 1956 c. 74. Falkland Islands Government.
  2. Copyright Act 1956. United Kingdom (1956).
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:French Guiana

法屬圭亞那

其他地区,例如属地、联邦、曾经的国家

法属圭亚那的位置

法属圭亚那法国的一个海外省和大区,位于南美洲北大西洋海岸。此地适用法国本土的版权法律。法属圭亚那作为法国领土,是欧盟的一部分。

版权标签

参见: 共享资源:各地著作权法规/法国#TAG

货币

参见: 共享资源:各地著作权法规/法国#CUR

全景自由

参见: 共享资源:各地著作权法规/法国#FOP

邮票

参见: 共享资源:各地著作权法规/法国#邮票

参见

引用

注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Guyana

圭亚那

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

Background

Guyana was colonized by the Dutch, then came under British control in the late 18th century. It was governed as British Guiana until it gained independence as Guyana on 26 May 1966.

Guyana has been a member of the Berne Convention since 25 October 1994 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the British Copyright Act 1956 (Cap. 74) as the main IP law enacted by the legislature.[1] WIPO holds the text of this act in their WIPO Lex database.[2] WIPO also lists the The Copyright (British Guiana) Order 1966 (Order No. 79 of 1966) (1966), which extends and modifies the 1956 act. WIPO holds the text of this order in their WIPO Lex database.[3] The changes in the 1966 order generally do not affect definitions of protected works or durations of protection.

General rules

Under the Copyright Act 1956, as modified by the order of 1966,

  • Copyright in an original literary, dramatic or musical work shall continue to subsist until the end of the period of 50 years from the end of the calendar year in which the author died, and shall then expire.[74/1956 Section 2(3)]
  • However, if before the death of the author none of the following acts had been done, (a) the publication of the work (b) the performance of the work in public (c) the offer for sale to the public of records of the work and (d) the broadcasting of the work, the copyright shall continue to subsist until the end of the period of 50 years from the end of the calendar year which includes the earliest occasion on which one of those acts is done.[74/1956 Section 2(3)]
  • Artistic works include paintings, sculptures, drawings, engravings and photographs; works of architecture, being either buildings or models for buildings; and works of artistic craftsmanship.[74/1956 Section 3(1)]
    • Copyright in artistic works generally subsists until the end of the period of 50 years from the end of the calendar year in which the author died.[74/1956 Section 3(4)]
    • Copyright in an engraving that was not published before the death of the author subsists until the end of the period of 50 years from the end of the calendar year in which it was first published.[74/1956 Section 3(4a)]
    • Copyright in a photograph continues to subsist until the end of the period of 50 years from the end of the calendar year in which the photograph is first published.[74/1956 Section 3(4b)]
  • Copyright shall subsist in a sound recording until the end of the period of 50 years from the end of the calendar year in which the recording is first published, and shall then expire.[74/1956 Section 12(3)]
  • Copyright in a cinematograph film shall continue to subsist until the film is published and thereafter until the end of the period of 50 years from the end of the calendar year which includes the date of its first publication.[79/1966 Section 13(3)]

Freedom of panorama

OOjs UI icon check-constructive.svg 可以 for buildings, sculpture and applied art, not for paintings, drawings, engravings or photographs.

  • The copyright of a sculpture or work of artistic craftsmanship other than a painting, drawing, engraving or photograph which is permanently situated in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(3)]
  • The copyright in a work of architecture is not infringed by the making of a painting, drawing, engraving or photograph of the work, or the inclusion of the work in a cinematograph film or in a television broadcast.[74/1956 Section 9(4)]
  • Without prejudice to the two last preceding subsections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast, if its inclusion therein is only by way of background or is otherwise only incidental to the principal matters represented in the film or broadcast.[74/1956 Section 9(5)]

Citations

  1. a b Guyana Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-05.
  2. Copyright Act 1956 (Cap. 74). Guyana (1956). Retrieved on 2018-11-05.
  3. The Copyright (British Guiana) Order 1966 (Order No. 79 of 1966) (1966). Retrieved on 2018-12-12.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Paraguay

巴拉圭

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

背景

The settlement of Asunción was founded on 15 August 1537, and eventually became the center of the Spanish colony of Paraguay. Paraguay overthrew the Spanish administration on 14 May 1811.

Paraguay has been a member of the Universal Copyright Convention since 11 March 1962, the Berne Convention since 2 January 1992, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 1328/98 on Copyright and Related Rights as the main copyright law enacted by the legislature of Paraguay.[1] SICE, part of the Organization of American States, holds the Spanish text of this law.[2] WIPO holds an English translation of this law in their WIPO Lex database.[3]

The 1998 law was retroactive: "Works and other productions that have passed into the public domain on expiry of the term provided for in the legislation repealed by this Law shall return to the private domain until such time as the term provided for in this Law expires, without prejudice to rights acquired by third parties prior to the entry into force thereof".[1328/1998 Article 181]

General rules

Under Law No. 1328/98 on Copyright and Related Rights,

  • Economic rights shall subsist throughout the life of the author and for 70 years thereafter.[1328/1998 Article 47]
  • In the case of works of joint authorship, the term of protection shall be counted as from the death of the last surviving co-author.[1328/1998 Article 47]
  • In the case of anonymous and pseudonymous works, the term shall be 70 years following the year of disclosure.[1328/1998 Article 48]
  • In the case of collective works, computer programs and audiovisual and broadcast works, economic rights shall lapse after 70 years following first publication or, failing that, completion. That limitation shall not affect the economic rights of each of the co-authors of audiovisual and broadcast works in their personal contributions.[1328/1998 Article 49]
  • The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the death of the author, or where appropriate that of the disclosure, publication or completion of the work.[1328/1998 Article 50]

Paraguay makes a distinction between photographic works and simple photographs. Any photograph that is not a "work" is copyrighted until 50 years after its creation.[1328/1998 Article 135] Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.16 of the 1998 law: A "work" is any original intellectual creation in the literary or artistic field.[1328/1998 Article 135]

The term for the neighbouring rights on performances, phonograms, and broadcasts is 50 years since the first performance, publication of the recording, or first broadcast.

不受版权保护

"The following shall not qualify for copyright protection: 1. the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts per se, or the ideological or technical content of scientific works, or their industrial or commercial exploitation; 2. official texts of legislative, administrative or judicial character, or translations thereof, without prejudice to the obligation to respect the text and mention the source; 3. news of the day; 4. mere facts or data.[1328/1998 Article 8]

公有领域:非自由

Expiry of the periods provided for in this Law shall bring about the lapse of the economic rights and determine the work’s passage into the public domain.[1328/1998 Article 55] The use of works in the public domain shall always be subject to respect for the authorship and the integrity of the creation, and their exploitation shall give rise to the payment of remuneration according to tariffs set by the National Directorate of Copyright, which remuneration may not exceed the scales set for works in the private domain. The said remuneration shall be intended exclusively for a fund for the promotion and dissemination of the various manifestations of culture, which shall be created by special legislation.[1328/1998 Article 55]

货币

OOjs UI icon close-ltr-destructive.svg Probably Not OK. Paraguayan currencies are presumed to be copyrighted.

参见:Category:Paraguayan currency-related deletion requests

全景自由

OOjs UI icon check-constructive.svg 可以 {{FoP-Paraguay}} The following is permitted without authorization by the author or payment of remuneration in relation to works already disclosed:

  • Reproduction of a work of art on permanent display in streets, squares or other public places, or on the outer walls of buildings, where the artistic medium used is different from that used for the making of the original, provided that the name of the author and the title of the work, if known, and the place in which it is located are mentioned.[1328/1998 Article 39.4]
  • Where the work is used as a sign, emblem or distinctive mark of a political party or non-profit-making civil association or entity.[1328/1998 Article 39.7]

"Reproductions admitted in this article will be permitted only if they do not cross the normal exploitation of the work or cause an unjustifiable damage to the legitimate interests of the author".[1328/1998 Article 39]

邮票

Copyrighted: Stamps are not mentioned in Law No. 1328/98 on Copyright and Related Rights, and are not included in the categories that are not protected.[1328/1998 Article 8]

引用

  1. a b Paraguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Ley N° 1328/98 "De Derecho de Autor y Derechos Conexos" (in Spanish). Organization of American States - OAS (1998). Retrieved on 2018-12-13.
  3. Law No. 1328/98 on Copyright and Related Rights. Paraguay (1998). Retrieved on 2018-11-08.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Peru

秘鲁

本頁面概述了與將作品上傳到維基共享資源相關的秘魯版權規則。請注意,任何源自秘魯的作品在上傳到維基共享資源之前必須在秘魯和美國處於公共領域,或在免費許可下可用。如果對秘魯作品的版權狀況有任何疑問,請參閱相關法律進行澄清。

背景

西班牙人在16世紀征服了該地區。秘魯於1824年獲得獨立。第一部版權法於1849年啟動,由 Ramón Castilla政府簽署。[1]1961年10月31日,曼努埃爾·普拉多 (Manuel Prado) 政府更新了第二部版權法,有效期至1996年。[2]

秘魯自1963年10月16日起成為世界版權公約的成員,自1988年8月20日起成為伯爾尼公約的成員,世界貿易組織自1995年1月1日起和產權組織版權條約自2002年3月6日起生效。[3]2006年,秘魯與美國建立關係在與安第斯共同體的原始協議 (Resolución Legislativa Nº 28766) 到期後。本協議第16章規定存在版權的最短保護期為作者作為自然人死亡後70年或作品作為組織出版後70年(或至少70如果它在創建後50年仍未發布,則在其創建數年後。[4]

截至2018年,聯合國機構世界知識產權組織(產權組織)將1996年的“版權法(立法令第822號)”列為主要秘魯立法機構頒布的版權法。[3] 產權組織在其WIPO Lex數據庫中保存了該法律的文本。[5] 它已被修改,除其他外,

  • 關於修改版權法的第30276號法律(第822號立法令)
  • 2008年6月27日第1076號法令,關於修訂第822號法令的法律
  • 第28571號法關於修改版權法第188條和第189條(1996年4月23日第822號法令)

這些似乎不會影響受保護作品的定義或保護期限。

持续时间

出於實用目的,所有未發表或當前創作的作品均受1996年法律的約束。但是,法律不包括因舊出版或作者去世而未更新的作品。秘魯原版版權法於1849年由Ramón Castilla政府簽署,保護作者生前和死後20年的權利。[6]多年後,曼努埃爾·普拉多 (Manuel Prado) 政府簽署的第二部版權法將版權期限延長至作者死後50年。非秘魯國民,居住在該國的人。[24518/1986 Art. 6]遺作自出版起至少受保護30年。[13714/1961 Art. 28]1986年,艾倫·加西亞政府宣布,通過第24518號法律,將文學或智力作品的利用權擴展到作者的子女、配偶和父母的生活(根據《刑法》第189 1979年憲法)。[24518/1986 Art. 1][7]

1961年非更新作品法律的持續時間

Based on the old law starting on 1 November 1962, works that expired before 1996 are non-renewed (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration). For old works protection the use of notices or regulations with the copyright office is not necessary, except in some works. [13714/1961 Art. 9] Also, in 1994 Peru adopted Decision 351 of the Andean Community, forces that the databases are not excluded as literary works.[Decision 351 Art. 58 and DS No 03-94-ITINC] Unpublished works of an author who died after 1946 or any unpublished draft since 1996 are not subject to the 1961 law. Retrieved from law of October 1961 regulated in 1962 by Supreme Decree No. 061-62-ED for creation of National Copyright Register (Registro Nacional de Derecho de Autor, RNDA, restructured in 1992 as National Institute of Jurisdiction and Protection of Intellectual Property or Indecopi):

  • Personal or collaborative works: 50 years after of death of last surviving author prior to January 1, 1946.[13714/1961 Art. 25] Posthumous works published before 1966 were protected for a period of at least 30 years.[13714/1961 Art. 28] Moral rights are inalienable and prevail in spouses, children and heirs.[13714/1961 Art. 17, 33 and 34]
  • Government and public entities works: 25 years from first publication before 1971.[13714/1961 Art. 24] For a collective work, the named publisher is considered the copyright owner.[13714/1961 Art. 8c and 11]
  • Anonymous works: 15 years from first publication before 1981 (if the author is never disclosed).[13714/1961 Art. 12 and 30]

Some works apply rule of the shorter term.[13714/1961 Art. 21] There are special terms of protection for certain creations:

  • Photographs: 20 years from first publication without single dependence in a literary or scientific material before 1976,[13714/1961 Art. 27] whether the author is alive or no.[8] Non-accumulative exclusive rights of circulation for press editorials is for 5 years.[13714/196 Art. 44] If the photographer's name is unknown and no organization is credited, it is considered anonymous work.
  • Cinematographic works: 25 years after publication before 1971.[13714/1961 Art. 26] To be protected, the work must contain the name of the natural or legal person, the artistic direction, the authors of the dialogues, the music, the performers and the date of the first public screening.[13714/1961 Art. 25] The producer retains the rights to the work and the term excludes the screenplay, as literary creation, and soundtrack for uses outside the work.[13714/1961 Art. 45 and 48]
  • Phonographic neighboring rights: 50 years after of death of the last surviving author prior to January 1, 1946. To be protected, the work must contain the name of the work, the author, the performers, the association, the date, the location of the recording and the company name.[13714/1961 Art. 54]
  • Slogans and phrases: "During the time it subsidizes the publication as artwork" with or without music, except that they are common expressions.[13714/1961 Art. 31 and 61] In 1996 law, this type is not protected except if it possess literary or artistic originality qualities,[822/1996 Art. 5(j)] and so they are applied as "trademarks".[9]

The publication right lasts for 5 years from first publication of unpublished public domain works before 1996.[13714/1961 Art. 16]

Durations from 1996 law

Based on the 1996 law,

  • The standard copyright term based on authors' deaths is life + 70 years.[822/1996 Art.52] The first standard works under this law expired in 2017.
  • Collective works, computer programs and audiovisual works are protected for 70 years from publication or 70 years from creation if unpublished.[822/1996 Art.54] The first collective works published under this law will expire in 2041, unless part of the work is attributed to person(s).
  • Anonymous works are protected for 70 years after publication (if the author is never disclosed).[822/1996 Art.53] The first anonymous works under this law will expire in 2051.

The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the author’s death, or where appropriate that of the disclosure, publication or completion of the work.[822/1996 Art.56]

  • Performers' neighboring rights also last until 70 years after the death of the author.[822/1996 Art.135]
  • For phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission.[822/1996 Art.139.142]
  • Any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time).[822/1996 Art.143]
  • Simple photographs are protected for 70 years from realization (creation).[822/1996 Art.144] Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.
  • The publication right lasts for 10 years from first publication of unpublished public domain works.[822/1996 Art.145]

About public domain

Resolution N° 097-1999/TPI-INDECOPI indicates that even if a work is in the public domain, the moral rights of a work prevail. This file mentions a case in which Indecopi fined an advertising company for using excerpts from Van Gogh self-portrait. This painting was mutilated without attribution for a commercial for a mass circulation newspaper.

About extinction of domain of criminal works

Legally since 2007,[10] the Peruvian State can apply extinction of domain of assets obtained by criminal organizations as a result of terrorism.[DL 1373, previously DL 25475 and DL 992, see Art 102 of Peruvian Penal Code as 2021)] Under civil law, a patrimonial right of the owner constitutes an "furniture" (asset).[Article 886 clause 6 of Peruvian Civil Code as 2018; see also Article 819.5 of Peruvian Civil Code of 1936] The Ministry of Justice states that those furniture considered as "criminal patrimonials" are not subject to the right of ownership,[11] and the application of the extinguishment of assets of questionable origin has a lower threshold in accordance with Sentencia Plenaria Casatoria 1-2017/CIJ-433 which cites Article 10 of this legislative decree as "criminal activity that produces money, goods, effects or profits" and "do not [require] that the illicit activities that produced the money, goods, effects or proceeds are under investigation, prosecuted or have been the subject of a conviction". This is relevant for the Shining Path, since this terrorist organization becoming similar as a legal entity is prohibited from obtaining patrimonial assets, including work for hire, and meets the requirements of article 30 (and consequently article 9a) of DL 822 because this assets cannot be exploited commercially within national legal system, as well as outside the country due to its legal effect.[12]

About applied works

The copyright protection is independent and compatible with industrial works protection that may exist for useful articles.[822/1996 Art.4a] In general, the "originality" threshold of recent designs (adding handicrafts, gastronomy and clothing) is low for industrial protection and high for copyright (see COM:TOO Peru).[13] Resolution N° 063-2001/TPI-INDECOPI indicates that fashion design in industrially useful objects are "applied works" and would receive double protection except the if its trend of applied art is already accessible to the public and lacks novelty to be protected as industrial property. In this case, copyright corresponds exclusively to the signs as original artistic or literary work in text, images, logotypes, 3D forms and colors but not to useful articles per se.[823/1996 Art. 128 and 136]

For those that do not constitute an artistic work, they are industrially protected ("propiedad industrial"). If the work is ornamental, the non-copyright protection will be for 10 years post-registration (if never published before the registration);[823/1996 Art. 109] if the work is patented as industrial, 20 years post-registration.[14] Because the industrial objects are often similar to others, they don't usually receive fashion design protection because their are below the distinctive umbral: "[the sign] is not endowed with the necessary attributes to be the means by which to identify and differentiate the products it is intended to distinguish from others offered for mass-market". See Resolution N° 16543-2010/DSD-INDECOPI.[15] Otherwise, if any sign is above the artistic originality threshold, the principle of "which best privilege for their author" in copyrighted artistic works prevails.[16]

期限

个人作品

Date of author's death Date of publication Copyright tag
在1931年11月1日之前
date QS:P,+1931-11-01T00:00:00Z/7,P1326,+1931-11-01T00:00:00Z/11
Anytime[note 1]  {{PD-Peru-1961law}}
 {{PD-old-auto-unpublished|deathyear=death year}}
从1931年11月1日到1939年12月31日 在1926年1月2日之前  {{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}}
or, for 19th-century works without a definite date:
 {{PD-old-assumed}}
从1926年1月2日到1939年12月31日[note 2]  {{PD-Peru-1961law}}
 {{PD-old-auto-expired|deathyear=death year}}
从1940年1月1日到1965年12月31日 The work was in domain public in Peru on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 30 years from its publication before December 31, 1965.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.
 {{PD-Peru-1961law}}
 {{PD-US-not renewed}}
在1966年1月1日之后[note 3]  {{PD-old-auto-1996|country=Peru|deathyear=death year}}
 {{PD-old-auto-unpublished|deathyear=death year}}
从1940年1月1日到1945年12月31日 在1946年1月1日之前
在1966年1月1日之后
 {{PD-Peru-1961law}}
 {{PD-old-auto-1996|country=Peru|deathyear=death year}}
从1946年1月1日到1965年12月31日 The work was in domain public in Peru on the date of URAA restoration (January 1, 1996) because copyright of the posthumous work was valid for 30 years from its publication before 1966.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.
 {{PD-Peru-1961law}}
 {{PD-US-not renewed}}
从1946年1月1日到1951年12月31日[note 4] 在1926年12月31日之前
date QS:P,+1926-12-31T00:00:00Z/7,P1326,+1926-12-31T00:00:00Z/11
 {{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}}
在1927年1月1日之后 The work expired because its author died more than 70 years ago. Unpublished works are kept for a maximum of 70 years after his/her death. But, some type of work maybe still be copyright in USA on the date of URAA restoration (January 1, 1996).[822/1996 Art. 23 and 52]
 {{PD-old-auto|country=Peru|deathyear=death year}}
 {{Not-PD-US-URAA|country=PE}}
Others The work is still protected under 1996 law.

Anonymous or Pseudonymous works

If the author of the work is unveiled during its copyright term (nonexistent in 1849 law, 15 years in 1961 law, extended to 70 years in 1996), it is protected as an individual work. e.g. Rafael de la Fuente Benavides (died in 1985) and his pen name "Martin Adán" are well-known among people, so his works will be protected in Peru until 2055. Applies to any media, including photography.

Date of publication Copyright tag
在1927年1月1日之前  {{PD-Peru-anonymous}}
 {{PD-anon-expired}}
or for 19th-century works:
 {{PD-old-assumed}}
从1927年1月1日到1980年12月31日  {{PD-Peru-anonymous}}
 {{PD-old-auto-1996}}
自1981年1月1日 The work is still protected under 1996 law.

Government and legal entities works

In general, only applies to works prior to 1971 from employee(s) of "personas jurídicas" (legal persons), like Government (Gobierno), municipalities (municipalidades) and organizations. Works must be attributed only from official legal entities, unless they are produced by the archives of the National Library or transfered to public institutions and juridical entities.[13714/1961 Art. 15] The deadline is counted from the time of full broadcasting to the public or in any means of communication.[13714/1961 Art. 38 and 39] If the work is claim by natural person ("persona natural") via external participation and was not transferred to legal person, the shortest rule will not apply.

Date of publication Copyright tag
在1927年1月1日之前  {{PD-Peru-organization}}
 {{PD-US-expired}}
从1927年1月1日到1970年12月31日[note 5]  {{PD-Peru-organization}}
 {{PD-1996}}
自1971年1月1日 The work is still protected according 1996 law (under "collective work" or "anonymous work" term, with works by the Peruvian Government exceptions).

Non-individual photographs

Applicable only to old and simple photographs that were exhibited or performed in any medium:

  • The owner of the negative film cannot be distinguished from other photographs from third parties to be considered as individual or personal firm: for 1961 is if the photo is created only on their literary or scientific works, for 1996 law extends to any photograph that expresses their individuality excluding everyday situations or things. This justifies some photographs with less protection than those that are integral and dependent on the mentioned individuality works.[8][20]
  • The photo does not have a copyrighted subject (for example, drawings or paintings) with the exception of outdoor exposure (freedom of panorama). Nor should it be an unpublished work of others persons up to 70 years post-mortem.[13714/196 Art. 40]
  • It is not an frame of a documentary work (except for photojournalism, mentioned only in the 1961 law).
Date of disclosure Date of creation Copyright tag
在1927年1月1日之前 直到1975年12月31日
date QS:P,+1975-12-31T00:00:00Z/7,P582,+1975-12-31T00:00:00Z/11
[note 6]
 {{PD-Peru-photo}}
 {{PD-US-expired}}
从1927年1月1日到1975年12月31日 In case the photo was not published in the United States or was not renewed in the United States (for example, it does not have the © icon):
 {{PD-Peru-photo}}
 {{PD-1996}}
自1976年1月1日 在1951年12月31日之前
date QS:P,+1951-12-31T00:00:00Z/7,P1326,+1951-12-31T00:00:00Z/11
The photograph expired in Peru because the photographs without artistic purpose was created 70 years ago. However, the image could be protected in the United States.
 {{PD-Peru-photo}}
 {{Not-PD-US-URAA|country=PE}}
自1952年1月1日 Judged under 1996 Copyright law (except of anonymous photograph under 1961 law).


Not protected

Previously, under the 1961 law, works passed into the public domain for: (a) folk songs by unknown authors (use {{PD-Peru-anonymous}} for anonymous text and media works published before 1981); (b) works that expired on the current term; (c) works by authors without heirs; (d) works by authors who have waived their copyright; (63) works by authors who died five years ago and real utilities were expropriated by the Ministry of Public Education without opposition from their heirs and editorials (use {{PD-Peru-organization}} for orphaned works of an author who died before 1988 and who was never claimed); (64) legal texts, decrees and publications of public authorities of State as Executive, Executive and Judicial Branches (use {{PD-Peru-organization}} for text and documents published before 1996); (65) informative news content.[13714/1961 Art. 62-65] (1) Ideological or technical content or that scientific work without industrial use.[13714/1961 Art. 1]

Under actual 1996 law, the following are not eligible for copyright protection: (a) the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts in themselves, systems or the ideological or technical content of scientific works, or the industrial or commercial exploitation thereof; (b) official texts of legislative, administrative or judicial character, or official translations thereof, without prejudice to the obligation to respect the texts and mention the source (see Works by the Peruvian Government); (c) news of the day, provided that, in the case of word-for-word reproduction, the source from which it has been taken shall be mentioned; (d) simple facts or data.[822/1996 Art.9] Use {{PD-PE-exempt}}.

Works by the Peruvian Government

Theoretically, all government work of an official nature is usually open access due to their divulgation, requiring respect for their integrity and source attribution. Firstly, article 7b of DL 822 establishes that "official texts" are not protected. Regardless of their originality, specialists Antequera and Ferreyros say that administrative acts on behalf of the State are not protected by copyright as well as other "official works", including judicial texts, resolutions, discussions and others (Bienes de dominio público, the content is not limited to text only).[21] To reduce ambiguities Resolution No. 0730-2006-TPI-INDECOPI the court established in SUNAT v. Instituto de Investigación El Pacífico E.I.R.L for "official texts":

For works to be considered an official texts:
  • They must be issued by an administrative or judicial authority or with legislative powers.
  • They contain mandatory mandates or that without being mandatory may affect third parties.
  • They are of general interest to know the content of the texts (regardless of their originality).

Exception of this works is from other creations carried out without State powers (Bienes de dominio privado estatal) or third-party collaboration like notes of law firms for private use or unofficial translations which are usually "public" without being "official".[22] Regarding documents without a normative concept, in Resolution No. 056-2004/ODA-INDECOPI (also cited Resolution No. 0927-2004/TPI-INDECOPI) the Intellectual Property Court justified works not exempted from copyright:

[The] fact that a given work [of internal nature] was prepared by the employees of a public entity in the performance of their duties or by third parties commissioned by a State entity does not give this the status of an "official text", since the State, like any other natural or legal person, may in turn hold the ownership derived from copyright of a patrimonial right or exercise copyright of a moral right on behalf of the authors. [If the work] does not have the status of a rule, regulation or administrative or judicial decision, in compliance with being published or disclosed to be mandatory or to be in effect to the collective [and] this has been shared by the holder of the rights by any means such as the Internet, since the publication of a protected work whose ownership corresponds to the State or to any public body does not acquire the character of an official text by the mere fact of its availability in any means.

State property and public domain

In the context of the Lima principles, the Sistema Nacional de Bienes Estatales (SNBE) establishes which tangible and non-tangible assets from State are in the public or private domain. This applies to freedom of panorama (regardless of their status, they are imprescriptible, i.e. they cannot be appropriated by others) and implicitly to copyright (the 1996 copyright law does not mention which works are not subject to patrimonial rights, so this principle is taken).[23][24] Points 10 to 12 of Casación 1673-2015 exemplify the differences between the two terms.

  • Bienes de dominio público: "A public property is that state property destined for use or that serves as a support for the provision of any public service". Also Casación 1673-2015 justifies that "special form of property, intended for the use of all, for a service to the community or to the national interest, in other words, intended for the satisfaction of public interests and purposes". This first point is taken by confusion with "cultural heritage" and non-ownership of elements.[25]
  • Bienes de dominio privado estatal: "A private property is a state property that is owned by the State or by any entity, is not destined to be used or used for any public service. And in respect of which its owners exercise the right of ownership with all its attributes". The State could exercise copyrights for the case. For example, the works of TV Perú are owned by the Instituto Nacional de Radio y Televisión del Perú or El Peruano by Editora Perú.

Reuse from administrative and open data platforms

Beyond of DL 822, in practice, since 2003 the diffusion of official works follow Articles 1 and 4 of the Lima Principles in 2000, in which "everyone has the right to freedom to search, obtain, access and share [official nature] information without interference by public authorities" and "all [official nature] information held by the State does not belong to their owner but is in fact the property of the citizens".[26] Under "principio de publicidad" term of 1993 Constitution, citizens and the mass media have the right to publicize official activities set in text and multimedia without authorization from the authorities; for other documents not yet disclosed, they can request to extract information ("sin expresión de causa") but should not interfere with the laws of the country like documents of "internal nature".[27][28] The Peruvian Ombudsman's Office (one of the institutions that signed these principles and authorized the media to freely broadcast official information) considers for this type of document as public interest and dissemination and has no royalties for download or copy (see also DS No 072-2003-PCM Art. 13 for free reproduction).[29]

The standard for documents of administrative nature is Texto Único de Procesos Administrativos (TUPA). This covers to "the set of acts and formalities carried out by the entities, leading to the issuance of an administrative act that produces individual or individualizable legal effects on the interests, obligations or rights of the parties involved",[27444/2001 Art. 1.1] are official texts[27444/2001 Art. 42] and "principio de publicidad" apply.[27806/2002 Art.3] In DS No 004-2008-PCM, chapter III explicitly states that the formal documents published in the Peruvian State Portal have "official" nature and are within the TUPA standard. The Ministry of Justice has detailed regulations on the uses of administrative documents.

Data outside public documents: In complementation with TUPA, platform of open data is explicitly stated in Law No. 27806 for same entities with the TUPA standard (Law No 27444).[27806/2002 Art. 2] Specific government acts (as press releases, official activities, budgets, government procedures and TUPA documents,[27806/2002 Art. 5] whose works are contained in written documents, photographs, recordings, magnetic or digital media)[27806/2002 Art. 10] is usually shared on now the open data portal. Per example, after signing with the Open Government Partnership works from Executive Branch are published in Portal de Datos Abiertos offered by PCM (quoted on R.M. No 195-2012-PCM, now interoperated with Portal Nacional de Datos Abiertos and available via web). While the "official texts" are in the public domain, contents in other formats are under D.S. No 016-2017-PCM, quoting to its definition, "an open data is the information produced by public entities, in its basic form is accessible to anyone from Internet, without restrictions of any kind [...], without cost to obtain it, without limitations for reuse and redistribute by third parties and allows the creation of its derivatives", "open data from public entities is considered to be of an official nature" (Art. 5) and Art. 9 of this decree establishes as open data if they are stored in databases from:

These are some cases in that they consider as official document or open data and their concept usually varies:

  • The first reference about administrative documents was indicated in years prior to the Lima Principles.[757/1991 Art. 22] In 1992 a expired law explains that an administrative act consists of resolutions between two public entities, oficios (informative reports), governmental property proceedings and the right of petition with public purpose from public entities (therefore, this law excludes internal events).[26111/1992 Art. 2(1), updated in 27806/2003 Cap. I] For recent documents is required to add the source of the entity, since this entity publishes its updated TUPA page for know what documents are considered administrative.[27444/2001 Art. 43]
  • In opinion 59-2019-JUS/DGTAIPD any public process contained in State institutional mailings are considered official texts.
  • In 2016, the living records from political candidates (hojas de vida) submitted by JNE are published as "open data" and allow "free and open reproduction".
  • In 2017, the TUPA forms are considered free reproduction and distribution.[Nº 006-2017-JUS Art.163] This application is mentioned in a municipal resolution for affidavits.
  • In opinion 27-2020-JUS/DGTAIPD any public information generated in database from public authorities is open data, even if it was unpulished to the Plataforma de Datos Abiertos unless modified by a third party or containing sensitive information.
  • Other original works in TUPA-standard documents would are not in the public domain accourding to the opinion 06-2020-JUS/DGTAIPD, the Ministry of Justice determined for example that the questions contained in the non-free psychological tests used by another State entity may be disseminated if the Administrative decides for copyright reasons. This exception is also referred to as "trade secret".[27806/2002 Art. 15]

版权标签

  • {{PD-old-70}} - For works by authors who died more than 70 years ago if them were died since 1946.
  • {{PD-anon-expired}} - For anonymous works made public more than 95 years ago if this one was renewed on the URAA date.
  • {{PD-PE-exempt}} - For works exempt from copyright under Peruvian law. Including documents under the TUPA standard.
    • {{PD-PE-signs}} - For reproductions from Manual de Dispositivos de Control de Tránsito Automotor en Calles y Carreteras of road signals, a official document also exempt from copyright under Peruvian law.
    • {{PD-PE-insignia}} - For reproductions from official texts of official insignias (flags, coat of arms and logos), exempt from copyright under Peruvian law.
  • {{PD-PCP-SL}} - For works carried out by the Communist Party of Peru-Shining Path. Since it does not have rights to exploit its works outside the territorial legal framework as VRAEM and under an organization that is exempt from obtaining ownership of its works in Peruvian territory, according to the Law of Extinction of Property, the constitution and Art. 30 of DL 822: Indecopi is not legally permitted to protect their "copyright patrimonial rights" them under these criteria. It should be noted that the extinguishment of ownership applies to all "furniture", which in Article 886, paragraph 6 of the Civil Code (as 2018) includes as "furniture" "copyright patrimonial rights".
  • {{TOO-Peru}} - For non-original works like simple designs and logotypes.

Peruvian Government

Some Peruvian government or administrative entities works are published under free licenses:

  • According to this guide, except as otherwise indicated, works from Portal Nacional de Datos Abiertos (National Open Data Platform) or another interoperable open data platform are subject to templates: {{ODbL}} or {{PD-because|Per COM:Peru, the file from peruvian administrative acts on their Open Data platform is free of rights.}}.
  • Photographic works from Flickr account of the municipality of Miraflores are under CC-BY 2.5 PE. Tagged as {{CC-PE-MunicipalidadMirafloresFlickr}}.

Old works under 1961 law

For old works whose protection lasted until 1 January 1996 under Manuel Prado Copyright law of 1961 are PD in U.S. and Peru (before the repeal of the law in 23 May 1996 and URAA date):

  • {{PD-Peru-1961law}} - For peruvian authors died prior to 1946 (or that the rights were not inherited for those who died before 31 December 1965).
  • {{PD-Peru-organization}} - For peruvian government and juridical organizations works released prior to 31 December 1970.
  • {{PD-Peru-photo}} - For all non-individual photographs disclosed in Peru prior to 31 December 1975 (or created more than 70 years ago in 1996 law).
  • {{PD-Peru-anonymous}} for anonymous works prior to 31 December 1980 and no register the name of the author in Registro Nacional de Derecho de Autor 15 years following publication.

原创门槛

Indecopi established parameters to qualify the originality of graphic and photographic compositions. Because of the higher originality threshold (independent of its endeavour, novelty, inspiration and technique, the requirement is to leave some space for the development of its author's personality, not a copy or imitation, referred as "originalidad subjetiva"),[30] simple designs, non-production videographic creations and old photographs without demonstrating their individuality can be uploaded to Commons. See also Andean Community: Threshold of originality.

簡單的照片

Old published photographs have a copyright term of 20 years counted from the first of January of the year following that of the disclosing of the photograph before 1976. The notes shown are based on the rescinded 1961 law:

  • For old pictures taken prior to 31 December 1975 and which were not published within an author's own work OOjs UI icon close-ltr-destructive.svg fail to meet the general definition of a "work" under 1961 law (and Article 3.4 of Universal Copyright Convention: "The provisions […] not apply to photographic works […] shall not be less than ten years").[2] The duration of the photograph was for 20 years after performed its first copy, without the author presenting this in a literary, scientific or documentary work, from January 1 of the following year.[13714/1961 Art. 27] They were not renewed during the URAA date.[13714/1961 Art. 27 and 57] Use {{PD-Peru-photo}}.
  • The duration is reduced if the following occurs: when the author did not place the name of the label with the message "Reproduction prohibited" or that the author published in a work without a full name or under an unknown pseudonym.[13714/1961 Art. 58] The duration of anonymous works prior to 31 December 1980 was 15 years after publication and expired on 1 January 1996. They were not renewed during the URAA date. Use {{PD-Peru-anonymous}}.
  • If they were used in literary or scientific works, they were documentary works or are reproductions of artistic material "of private domain", and the author died before 1946 (of before 1966 if someone had no family heirs), the law considers the photographs as OOjs UI icon check-constructive.svg the author's work (life + 30/50 years).[2] In the case of collective works, the date is considered to be the last survivor. If they died after 1947, they are protected by the current law. Use {{PD-Peru-1961law}}.

Recent published photographs below threshold have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Fortunately, this term usually flexible in the cases and facts shown below:

  • The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".[822/1996 Art.2(17)] Simple photographs taken or disclosed since 1976 are those which OOjs UI icon close-ltr-destructive.svg fail to meet the general definition of a "work" and only receive neighbouring rights,[822/1996 Art.144] but works above this threshold OOjs UI icon check-constructive.svg will receive standard protection (life + 70 years, see below).
  • The Court of Indecopi believes that originality in a photograph should be limited to the originality of any work, requirements to protect against plagiarism. According to article 3.c of the Regulation of Inscriptions in the Registry National Copyright Act, provides that "no may be subject to registration the photographs that are limited to simple reproductions of people, of things, or of objects already existing or showing a mere documentary character [...] photography to be a work can not constitute only a simple reproduction of already existing objects".[20]
  • Derecho PUCP journal explains examples of highly distinguishable events that surpass the threshold of originality: creative use of lights, unique moment, transmission of a message in their work and the photographer's personality. Below these and other criteria, simple photographs are legislated under Legislative Decree 1044 on unfair competition.[31]

Examples for photographs under 1961 law:

Examples for photographs under 1996 law:

  • In 2002 the Court considered two images of household appliances as below of threshold of originality due to the lack of creative evidence, despite they are in a catalog with individuality. See Resolution No 354-2002/TPI-INDECOPI.[32]
  • Also, in 2002 the Court ruled that a magazine photograph of Skándalo boy band in ordinary dress and solid-colored background receives related rights-only because it lacks individuality. See Resolution No 378-2002/TPI-INDECOPI, Alomi Producciones S.A.C. v Karinto S.A p.13.[20]
  • In 2007 the Court justified a photograph of gift box for a web catalog as original work because of its shade selection and during the editing process it carried meticulous details, specifically the colored shade artificially created. See Resolution No 1263-2007/TPI-INDECOPI, Enrique Capella v Grupo Americano de Comercio S.A.C. and Citybank del Perú S.A p.4.[33]
  • In 2008 the court determined that press snapshots of sporting, political or weather events lack originality for lack of prior preparation in their production. See Resolution No 2521-2008/TPI-Indecopi, Agencia Efe S.A. v Las Rosas Editorial S.A.C.
  • In 2012 the Court concluded that non-artistic techniques of photographs are not protectable (for example, scanning). See Resolution No 059-2012/TPI-Indecopi and Indecopi (2015), p.75.[9]
  • In 2013 Indecopi deduced that a promotional photograph of a model wearing clothes of a textile company does bear originality due to the framing, focus and composition to highlight her outfit. See Resolution No 0384-2013/CDA-INDECOPI, Peruvian Connection Ltd. v SENATI p. 9 and 10.[34]
  • In 2021 the criteria for originality of photographs were simplified to three points: transmittable, framed and lighting that shows their personality. Between pages 77 and 82 of this resolution the court evident that press photographs from Hildebrandt en sus trece magazine do carry originality because they focus on the gestures of the photographed and the depth of the camera. See Resolution No 0096-2021/TPI-INDECOPI, Plutón Editores S.A.C. v DP Comunicaciones S.A.C..
Videographic process

There is threshold of originality for audiovisual creations but their protection is similar for both works and recordings (publish/create + 70 years). While cinematographic works ("obra audiovisual") are protected in their entirety, the related rights can only be granted to the producer of non-artistic filming ("grabación audiovisual"),[822/1996 Art. 140] which also include performance and broadcasting.[822/1996 Art. 143] Resolution 000111-1999-ODA-INDECOPI establishes differences between the two terms, in particular, and in a similar way to simple photographs, the fixation of the succession of images. But, Resolution 371-2001/TPI-INDECOPI establishes that the main requirement to receive related rights from the producer of non-artistic filming consists of: "present in their creation process a certain OOjs UI icon check-constructive.svg degree of creativity, technical or organizational skill sufficient to justify the recognition of a similar right in their favor" (p.e. Pay-per-View events).

Theoretically, a security camera captures in a public place could OOjs UI icon close-ltr-destructive.svg lack of their producer (as a public asset is mainly assumed to Peruvian State) to be in the public domain. Security camera footage from Sistema Nacional de Seguridad Ciudadana is provided anonymously to the Peruvian National Police or Public Prosecutor's Office like state cameras in public areas, there is no knowed evidence from the original producer of the material.[N° 007-2020-IN Art. 18] Opinión Consultiva 60-2019-JUS/DGTAIPD indicates that footage records are disclosure if these are for public interest and share in open data process (see also Works by the Peruvian Government ),[N° 007-2020-IN Art.22] the places filmed correspond to "places of public domain",[N° 007-2020-IN Art. 7] human monitoring exists but does not interfere with the surveillance camera's technical or creative ability for recording.[N° 007-2020-IN Art. 2] Also it isn't artistic work since its custody cannot be altered from the original,[N° 007-2020-IN Art. 19] as a result, the footage is below the threshold of originality and don't comply with related rights of article 143 of the 1996 law.[35][36] Moral rights prevail of the person involved in this media. For these footage in official works, use {{PD-PE-exempt}}.

標誌、設計和其他作品

Simple or ordinary logos and designs are OOjs UI icon check-constructive.svg OK to upload to Commons, because they are below the threshold of originality required for copyright protection. In words of Indecopi and Ministry of Justice and quoting Resolutions No. 1349-2001/TPI-INDECOPI (first paragraph) and 0286-1998/TPI-INDECOPI (second paragraph):

According to Article 3 of Decision 351 [of the Andean Decision], in accordance with Article 2 of Legislative Decree No. 822, a work is understood to be any original intellectual creation of an artistic, scientific or literary nature, susceptible of being disclosed or reproduced in any form.[...] Whatever already part of the cultural heritage -artistic, scientific or literary- will not be considered [original creation], nor will [original] the form of expression that derives from the nature of things or from mechanical-only application of the provisions of certain legal norms, nor will [original] the form of expression that is reduced to a simple technique or simple instructions that only require manual skill for this execution.

—Indecopi, La originalidad como requisito de protección por derechos de autor ("requisito de la originalidad"), Precedentes y normativa del Indecopi en Propiedad Intelectual (2015)[9]

In 18th paragraph in Casación Número: 1686-2011 explains the use of originality with architectural works satisfying utilitarian functions:

The originality of the architectural work [...] must be sought essentially in the creative features that are most distinguishable from the purposes of the model, its nature, its geographic and landscape context, and the functional requirements of the costumer, as well as the technical and urban planning standards applicable to the case; and respond rather, in a particular way or as totality, to the individuality or artistic personality of the author. [An] architectural model [...] must be subjected to analysis for the purpose of identifying whether they respond only to elements of functionality or natural characteristics of the species to which they belong or, on the contrary, contain features that correspond to the whim or personality that the author has wanted to attribute to them, beyond their functionality or technical rigor, resulting in giving individuality to the work, in relation to the rest of the constructions of its species.

Note: Some creations are above the threshold of originality and OOjs UI icon close-ltr-destructive.svg are not valid for upload to Commons:

  • Logo of Tres Olivas: a leaf with three olives with tonalities, use of brightness and sensation of movement. See Resolution No 1774-2012/TPI-INDECOPI, Olivos del Sur S.A.C. vs Antonio Moncayo Cortés.[16]
  • Emblema La Primera. See Resolution No 2361-2016/TPI-INDECOPI.
  • A fictional character in Superman: Krisis of the Krimson Kryptonite. See Resolution No 1164-2014/TPI-INDECOPI.
  • A logo with a people with torch to the letter E, above the letter T. Triunfo Empresarial. See Resolution No 0319-2018/TPI-INDECOPI.

杂项

货币

Before 1971
Anverse of sol coin (1892 in this picture, during the mandate of President Miguel de San Román) is PD in Peru.
OOjs UI icon check-constructive.svg OK The old peruvian sol is out of circulation, most of designs were created before 1971.[40] The reverse side with the coat of arms was created in 1825.[D. L. 11323/1950] Use {{Peruvian currency}}.
Between 1971 and 1991
Pictogram-voting-question.svg Unclear There is not enough information regarding the copyright status of this. If the design was published anonymously before 1981, use {{Peruvian currency}}.
After 1991
OOjs UI icon close-ltr-destructive.svg 不可以 Peruvian currency sol is not exempted from copyright.[822/1996 Art.9] In fact, the BCRP considers it to be a work of art but not a government "official work". Therefore, its design and art of the bill is subject to copyright in Peru and prohibits any free reproduction.[41] Law 26714, Article 256, prohibits reproducing bills and coins and distributing them for advertising or similar purposes in such a way as to create confusion or cause the reproductions to be used by third parties as if they were genuine currency.[42]

Please note that not all coins are copyrighted, because they contain previous designs and patterns released to be in the public domain or are below the originality threshold. See discussion.

支票

OOjs UI icon check-constructive.svg 在某些情況下可以,支票也不免於版權法。然而,1971年之前的設計屬於公共領域,最近的支票通常帶有簡單的數據、簽名或通用識別代碼,因此缺乏原創性。因此必須採用模板:{{PD-Peru-organization}}{{PD-simple}}

De minimis

There is subtle mention of "de minimis" in determinate cases:

  • Media for private use, non-profit educative events or extracts of musical works in official events.[822/1996 Art.41(a, b and c)] In other words, the sentence is equivalent to Fair use and is unacceptable to upload in Commons.
  • Broadcasting of well-known quotations and current events in any media.[43] "The exception provided [...] shall be interpreted restrictively, and may not be applied to cases that are contrary to proper practice".[822/1996 Art. 44-45, 50 and Decision 351 Art. 22]

Don't be an object of intelligent plagiarism ("plagio inteligente", also referred in Article 217c of the Penal Code, 2007):

    • Parodies: Allowed within the legal basis.[822/1996 Art. 49] Resolution No. 0864-2007/TPI-INDECOPI (also No. 4372-2013/TPI-INDECOPI) pointed out that the work is a infringement if the design adopts similarities or derivations from another without the parody intention (ordinary or substantial plagiarism). Best example is the 2008 TV series Magnolia Merino, which complies with the concept of parody when deals with a subject of public interest from other artistic point of view with excerpts based on the scenario, impersonation and musicalization of Magaly TeVe (see Resolution No. 3251–2010/SC1-INDECOPI).[44]
    • Incidental: In APSAV v. Arkinka S.A. (Anuario Andino 19 August 2004, based on Resolution No. 243-2001/ODA-INDECOPI) the limitation of the use of third parties works has been applied when "the appearance within the work should be incidental". Freedom of panorama is also mentioned and justified in both Decision 351 and DL 822 with the term "public places" such as "public museums".[45]

全景自由

OOjs UI icon check-constructive.svg 可以 {{FoP-Peru}}

Based on the 1996 law,

  • The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.[822/1996 Art.43(e)]
  • In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit their work shall be equivalent to unlawful use.[822/1996 Art.43 (endnote)] Outside the copyright law, is illegal use to take economic advantage for others or not to attribute the author of the work.[29263/2003 Art.1(218)]

Notes:

  • Resolutions No 0372-2006-TPI-INDECOPI and 0760-2010-TPI-INDECOPI (El Comercio v APSAV) specifies the situations in which the work may be legitimately reproduced for acts of exhibition. A "public place" (like MVCS: "bien de dominio público", with exceptions for "dominio privado estatal", see Works by the Peruvian Government)[29151/1991, updated in D.S. 008-2021-VIVIENDA Art. 3.3.2][46] is an internal or external location that is permanently available to the public including museums. The freedom of panorama applies even to artistic works: the "permanent" status is not lost to works that have been relocated from one public place to another public place or that are in the process of temporary closure for maintenance. The places declared as cultural heritage, even if they were abandoned or never discovered, are property of the Peruvian State and match the definitions previously mentioned.[28296/2008 Title I, Art. 2, 5 and 11]
  • Previously, the 1961 law allowed the freedom of panorama for artistic and architectural works, regardless of their legal validity, in public places. There is no mention if the work must be "permanently accessible".[13714/1961 Art. 72 and 74] During the government of Alberto Fujimori, the concept of "public spaces" expands in heavy attended interiors from public institutions, free areas in private institutions and mass transport.[25357/1991 Art.2] In the case of museums, the audiovisual reproduction in newspapers, television channels and movies of works acquired inside the place is also allowed. But, should be noted that these reproductions are "copies of a work" with name of its author, for the copyrighted work itself cannot be used for trade.[13714/1961 Art. 73]
  • Copyright protection of architectural works expire 70 p.m.a of their original designer. However, for clarification, if the architectural work was inaugurated before 1960 and never attributed by any author, this lacks coverage by recent copyright laws to protect it because limitations from 1849 law that buildings are not designate as works of art.[13714/1961 Art. 7(ll) and 153] The freedom of panorama is applied in Art. 37 and 38 of the Intellectual Property Code of the Peruvian Association of Architects with condition that "the works are open to the public", even indoors unless strictly reserved by their author.[47]

邮票

Stamps created prior to 1971
Public domain Some stamps were created by Casa de Correos y Telégrafos, today Ministry of Transport and Communications-owned Servicios Postales del Perú (Serpost). In Law No. 13714 of 1961, works by the government had a duration of 25 years and its copyright expired before 1996.
For stamps created by the Government and published before 1971 use {{PD-Peru-organization}}, for other works use {{PD-old-auto}} where applicable.
Stamps created since 1971

Red copyright.svg The basic law on copyright in Peru is contained in Legislative Decree No. 822 of April 23, 1996. There is no special mention of stamps in this law as "official work".[822/1996 Art.9] Copyright lasts for 70 years from death, calculated from the 1 January following the year of death, or for 70 years from the year of disclosure for anonymous and pseudonymous works.[822/1996 Art.52–53]

签名

OOjs UI icon check-constructive.svg OK for a typical signature. Because calligraphies consist of trivial mechanical processes that do not involve artistic and literary efforts, they do not pass the threshold of originality due to the lack of reasonable creative and individual transmission during their process ("mera naturaleza de las cosas").[30] On Resolution No. 0286-1998/TPI-INDECOPI explains the differences between a creative work and a trivial work, therefore not all creations are authentic and not are subject for their protection.[9] Also, Resolution No. 0148-2008/TPI-INDECOPI sets to the drawings of common use cannot pass the attributes of individuality, making the signatures look the same as the concept of uncopyrighted drawings.

Commissioned works

Law No. 13714 established the State or organizations as the owner of the works created under commission or employment contract. DL 822 completely loses the transfer of the patrimonial owner, but article 16 of 1996 copyright law establish certain rights to the commissioner (whether natural or juridical person) such as the exclusivity of disclosure of the work or the moral rights of the authors (see Resolución Nº 0127-2008/CDA-INDECOPI pages 11-12).

Retroactivity of expired works under 1961 law

Gráfico de aplicación de los derechos de autor en Perú.png

The Peruvian copyright law of 23 April 1996, which entered in force on 24 May 1996 and repeals the previous regulation, indicates in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law".[822/1996 Transitional Provision 1] This occurred days after of URAA renewal date, January 1, 1996 (see discussion explaining the expiration about which works apply to protection and how it affects to Commons). But, some registration guidelines maintained the validity of the 1961 law, until its definitive repeal in 2003.[822/1996 Transitional Provision 6][48] There is no retroactive effect on works that have already expired before 23 May 1996 according to the regulations indicated and applied to the present time:

  • Article 21 of Decision 351 [of the Andean Community] (1993): "The limitations and exceptions to copyright established in the [legislation of Peru] will be circumscribed to cases which do not conflict with the normal exploitation of the works nor resulting unjustified prejudice to legitimate interests of the owner or owners of the rights".
    • This rule is a regional adaptation of Article 18 of Berne Convention (works that were published before 1988 under Universal Copyright Convention and whose copyright expired before 1996 do not enjoy this benefit either)
    • Works that expired under the article 62 of the previous Peruvian law no longer enjoy the rights of collective recognition of the Andean Community. See also Retroactivity of AC countries.
    • Also, if the work of a Peruvian organization was published between 1968 and 1970, it went safely into the public domain in other countries because the expiration of extended protection of 50 years after publication for Andean Community members (Art. 19 and 59), The United States is not part of this community. Similar case for the authors died between 1963 and 1965 and left only assignments. Because they are part of the international community, the members could extend the duration of copyright in their country to pass the URAA date, so this should be taken into consideration in works when employing co-productions with those countries.
    • See also Resolution 489 (19 March 2001), Fábrica de Tejidos Santa Catalina S.A. requested protection of its design to Ecuador because it's published in 1969 and public domain since 1994 in its original country Peru, as a result, the design maintained its protection in Ecuador because in that country it had previously standardized its laws to be compatible with AC laws (in 1994, the 1976 law remained in force, with a protection period of up to 50 years).

Article 7 of Law 29477 (2009)[49]

    • This refers to the Article 103 of the Political Constitution of 1993: "No law has force or retroactive effect, except in criminal terms, when it favors the defendant". (see Law 27454, and section "Aplicación de la ley en el tiempo" from article "SIBARITA S.A. vs AJINOMOTO DEL PERÚ S.A. (1998)" in Indecopi (2015), p. 63).[9][50] While criminal violations are usually "retroactive" (such as applying criminal penalties in favor of the copyright author), the protection does not have a "retroactive" effect for works expired by the old law, so the "public domain" status will remain in new laws.[51]
    • The number of the old copyright law is mentioned in Article 1.
  • Article III of Preliminary Title of Civil Code of Peru (established in 1984 under D.L. 195, updated in 2020)[9]
    • Aplicación de la ley en el tiempo: "The law applies to the consequences of existing juridic connections and situations. Has no retroactive force or effect, except for those set forth in the Political Constitution of Peru".
    • According to Coca Guzmán, 2020, some cases ("casaciones") were cited in which the principle of irretroactivity is applied. In order for the previous law to maintain the public domain status, the "theory of the accomplished facts" ("teoría de los hechos cumplidos") that will prevent the new law revoking their expiration before its day of coming into force is applied.[52]

Real examples occurred with Resolutions No. 584-2002/TPI-INDECOPI of June 21, 2002 (Fragil v. Discos Hispanos, Tecnología Digital Victoria and Kroton)[53] and No. 1207-2010/TPI-INDECOPI of May 31, 2010 (Mega Entertainment E.I.R.L. v. Novolexis S.A.C) for unauthorized reproductions prior to 1990 of phonographic productions published before this year. According to the 2010 resolution, the old works apply the theory of the accomplished facts, where the immediate application of the rules of 1996 is preferred to the ultraactivity of the repealed rules of 1961 (if the work not was expired explicity before 1996). But the Court did not grant the injured parties whose work was reproduced without authorization by another party under the old law because of a loophole. In the words of Indecopi: "Admit any conclusion [that favours or disfavours to the author] would retroactively apply the existing rule or ultraactively the repealed rule, contravening the ordering juridic-national".[54]

See also

Notes

  1. The 1849 Law does not extend protection to unpublished works created by the original author who died before November 1931, years before the country enters the Universal Copyright Convention, and "all [its] works go into the public domain".[1849 Art. 9] The duration of commercial exploitation (pre-copyright) was 20 years post mortem, extended to 30 in the case of holders with the Supreme Resolution N° 033-1915. This law only mentions the recognition of unpublished works for 30 years.[1849 Art. 4] However, no conditions are set for "undisclosed works". The Supreme Resolution N° 033-1915 and 1849 Law were abolished by the 1961 law.[13714/1961 Art. 159][17]
  2. The 1961 law extended the duration of those works governed by the 1849 law (20 years) and the Supreme Resolution N° 033-1915 (30 years) for 50 years. They entered the public domain before 1991.[13714/1961 Art. 153]
  3. There is no term of protection for posthumous works in the 1996 law. However, the transitional provision retains protection for 30 years after publication under the 1961 Law and no subject to the URAA. If the work was published after 1996, it is only protected for 5 years.
    In unpublished works with testament, the heirs have the option of: keeping unpublished for a maximum of 100 years or publish under a pseudonym. However, in the 1984 civil code, the term of protection for unpublished works was reduced to 50 years
    .[13714/1961 Art. 34c; 822/1996 Art. 27, 52 and 145; see also DL 195 Art. 1 for CC of 1984][17]
  4. In the event that the author died between 1946 and 1965 and also its work was published prior to 1965 and some case that someone did not carry a legacy (heirs and assignments) before 1986 (modification of Art. 21), its orphan work is in the public domain (1996), no URAA-renewable. The requirement is to prove that them has no inheritance (for example, via OTRS or web link). If this condition is satisfied, the work will be tagged with the corresponding template {{PD-Peru-1961law}}.
  5. Clarifications:

    • For Journalistic or encyclopedic works the publication rights pass to the editorial (legal person) if it did not identify the actual author of the writing.[13714/1961 Art. 44] This adds to pictures of a documentary nature, but excludes simple photographs, see the corresponding section. For recent works under 1996 law, no longer uses the term "legal person" and the equivalent term is "collective works": "the one that consists of the meeting of different productions or fragments without agreement or collaboration between their respective authors".

    Frames and non-individual production from films published before 1970 entered to public domain before 1996. For works created individually as scripts and scores the protection is autonomous. Significantly, the repealed law explicitly mentions cinematographic works as artistic works, while radio and television, omitted in its articles, were considered as journalistic works on the 1963 Printing Law (no longer in force).[14367/1963 Art. 1.2][18] From 1971, copyright protection of films, television and radio media extends to 70 years under 1996 law, that explicitly mentions as audiovisual works.

    • Sound recordings receive another type of protection in United States that does not validate uploading to Commons if published after 1925 (see also CLASSICS Act). On the Peruvian 1961 law, the phonographic rights are limited to musical compositions by the author (life plus 50 years, if died before 1946).[13714/1961 Art. 50-51] Under 1996 law, two new sections are used: the artist moral rights (life plus 70 years) and the production rights (publication plus 70 years).[822/1996 Art. 135 and 139]
    • Organizations must be registered as entities at least in the public records under the reglaments of 1936 ("Registration Regulations"), 1966 ("General Regulations of the Public Registries") or their equivalents .[13714/1961 Art. 9] Non-registered organizations as Sendero Luminoso are not valid for this protection. Consequently, these are anonymous works.[13714/1961 Art. 44] Under the 1996 law, this rule is no longer required.
    • Official texts: Art. 64 of the 1961 law provides that documents published by State authorities are not protected (see also Excluded from protection). The reliable reproduction must be attributed. The 1996 law considers the following as legislative, administrative or judicial subject. While laws, regulations, decrees and judgments are within the scope of this classification, administrative texts based on all public works of national and local authorities under TUPA standard are also within the scope (see also Works by the Peruvian Government).[19]
  6. In order to have the effect of 20 years under articles 56-59 of 1961 law, the name of author, the date of printed negative and the visible "Not for Reproduction"-like text were necessary for old photos.[13714/1961 Art. 58] Photojournalism, receives copyright protection for 5 years from the date of disclosure for the publisher.[13714/196 Art. 44] For organizational photos, except of documentaries, the transfer does not extend the term.[13714/196 Art. 57a] The owner of its negative is transferable (whether individual or organization),[13714/196 Art. 59] but for anonymous works – which are not visible the name of author and "Not for Reproduction" text – is suggested to use the corresponding template. To be protected for 70 years post-creation, the photograph had to be shared for the first time after 1976 regardless of the author's name.

引用

  1. wikipedia/commons/8/83/Ley_de_propiedad_intelectual_de_1849%2C_Per%C3%BA.pdf 第一知識產權法(1849) (in Spanish). 秘魯國會 (1849). Retrieved on 2020-10-19.
  2. a b c Old Copyright Law (Law No. 13714) (in Spanish). Congress of Peru (1961). Retrieved on 2020-05-19.
  3. a b Peru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  4. Capitulo Dieciséis: Derechos de Propiedad Intelectual (in Spanish). 秘魯政府 (2006). Retrieved on 2021-08-17.注意:提供英文版
  5. Copyright Law (Legislative Decree No. 822). Peru (1996). Retrieved on 2018-11-08.
  6. Augusto Polo Campos: sus herederos recibirán regalías por 70 años (in Spanish). RPP (2017).
  7. Modification of old Copyright Law (Law No. 24518) (in Spanish). Congress of Peru (1986). Retrieved on 2020-05-21.
  8. a b ¿Es ético ilustrar noticias con fotos tomadas de Pinterest? (in Spanish). Fundación Gabo (2015).
  9. a b c d e f g h Ministry of Justice (2015). "Precedentes y normativa del Indecopi en Propiedad Intelectual". Indecopi. ISSN 2409-7667.
  10. Istaña Ponce, Roger Fernando (2012). Limitación de la aplicación de la ley de pérdida de dominio su extensión a partir de sus fuentes filosóficas y doctrinarias (in Spanish). Universidad Nacional del Altiplano. Retrieved on 2021-08-24.
  11. Lavado de Activos y Pérdida de Dominio (in Spanish). Ministerio de justicia (20172). Retrieved on 2021-10-29.
  12. I Pleno Casatorio Penal de la Corte Suprema de Justicia de la República (in Spanish). El Peruano (2017). Retrieved on 2021-08-24.
  13. Alcántara Francia, Olga Alejandra (april 2017). "Legal Regime Applicable to Fashion Designs in Peru". ADI (37): 244-278. Retrieved on 2021-06-13.
  14. García Ortiz, Claude (2015). Los diseños industriales (in Spanish). Indecopi.
  15. Murillo Chávez, Javier André (december 2015). "Cortes, pedazos y retazos mercantiles sobre Derecho y Moda en el Perú". Actuaalidad Mercantil (4): 176-218. ISSN 523-2851. Retrieved on 2020-12-26.
  16. a b Murillo Chávez, Javier André (febraury 2012). "Conviviendo con el enemigo. Sobre los conflictos entre el Derecho de Propiedad Industrial y el Derecho de Autor". Actualidad Jurídica (221): 321-336. ISSN 1812-9552. Retrieved on 2021-5-17.
  17. a b Murillo Chávez, Javier André (october 2016). "El derecho de autor en los tiempos de Miguel Grau. Reflexión sobre el régimen de la obra póstuma, el derecho conexo sobre obras inéditas en dominio público y la aplicación de la norma en el tiempo en el derecho de autor peruano". Actualidad Jurídica (275): 176-192. ISSN 1812-9552. Retrieved on 2020-05-21.
  18. Adding to the Printing Law No. 10309, several articles (Decree Law No. 14367) (in Spanish). Congress of Peru (1963). Retrieved on 2021-07-08.
  19. Texto Único Ordenado de la Ley N° 27444, Ley del Procedimiento Administrativo General (in Spanish). MINJUS (2017). Retrieved on 2021-02-18.
  20. a b c Indecopi (24 April 2002). Fotografía: Alcance de la protección (in Spanish). Retrieved on 2020-12-25.
  21. Murillo Chávez, Javier André (december 2015). "El copyright del juez. ¿Y si demostramos que el Derecho de autor podría mejorar –en cierto sentido– la Justicia?". La Propiedad Inmaterial (23): 80-83. ISSN 1657-1959. Retrieved on 2021-03-26.
  22. Praeli Pérez, Jorge Eduardo (october 2020). "Copyright: cuando la fidelidad no es suficiente en la traducción". Traducción y Derecho. Retrieved on 2021-10-01.
  23. Los bienes de dominio público vs. los bienes de dominio privado del Estado (in Spanish). LP: Pasión por el Derecho.
  24. Preguntas frecuentes SBN (in Spanish). Superintendencia Nacional de Bienes Estatales.
  25. Hernández Martínez, Eduardo (2011). "Los recursos naturales y el patrimonio de la Nación". Ius et Praxis (42): 185-221. ISSN 1027-8168. Retrieved on 2021-09-20.
  26. Los prinicipios de Lima: Libertad de expresión y acceso a la información en poder del Estado (in Spanish). Retrieved on July 25, 2021.
  27. Perla Anaya, José (december 2010). "El derecho de acceso a la información pública y el Hábeas Data en el Perú". Diálogos de la Comunicación. Retrieved on 2021-11-03.
  28. Novoa Curich, Yvana Lucía; Forseti, ed.. El derecho a la información pública: Contenido e importancia (in Spanish). Retrieved on November 3, 2021.
  29. Manual sobre excepciones al derecho de acceso de información pública (in Spanish). Retrieved on March 26, 2021.
  30. a b Enrique, Cavero Safra (july 2015). "El concepto de originalidad en el derecho de autor peruano". Forsetti (5): 113-127. ISSN 2312-3583. Retrieved on 2021-08-20.
  31. Chávez Gutierrez, Wendy Elizabeth (september 2014). "The absence of criteria in the peruvian legal system regarding the concept of «authenticity» applied to copyright law protection on photographic images". Derecho PUCP (73): 587-623. ISSN 0251-3420. Retrieved on 2021-08-20.
  32. Indecopi (17 April 2002). Fotografías no creativas. Protección "sui generis" (in Spanish). Retrieved on 2021-10-22.
  33. Indecopi (3 July 2007). Fotografía: Originalidad (in Spanish). Retrieved on 2021-09-26.
  34. Indecopi (4 June 2013). Resolution No 0384-2013/CDA-INDECOPI: Infraction in reuse of Peruvian Connection Spring 2010 photos (in Spanish). Retrieved on 2021-09-12.
  35. Decreto Supremo que aprueba el Reglamento del Decreto Legislativo N° 1218, Decreto Legislativo que regula el uso de las cámaras de videovigilancia y de la Ley N° 30120, Ley de Apoyo a la Seguridad Ciudadana con Cámaras de Videovigilancia Públicas y Privadas, y dicta otras disposiciones. El Peruano (2020). Retrieved on 2021-05-18.
  36. Murillo Chávez, Javier André (2017). Los derechos de autor y/o conexos del ¿Robot?. Enfoque de Derecho. Retrieved on 2021-05-17.
  37. Murillo Chávez, Javier André (febraury 2017). "Fa - Sol - La. Completando conceptos sobre la obra musical y su originalidad en la jurisprudencia peruana". Diálogo como la jurisprudencia (221): 229-254. ISSN 1812-9587. Retrieved on 2020-10-21.
  38. Murillo Chávez, Javier André (june 2015). "The incomplete puzzle. The missing rule and ruling about the protection by copyright of characters and objects of the work". Derecho PUCP (74): 189-220. ISSN 0251-3420. Retrieved on 2020-10-21.
  39. a b Maraví Contreras, Alfredo (2013). "Las creaciones gastronómicas como objeto de protección por el Derecho de Autor: Posibilidades y conveniencia". Anuario Andino de Derechos Intelectuales. (9): 95, 103. ISSN 1993-0976. Retrieved on 2020-11-12.
  40. Transformación del“Sol” al “Nuevo Sol” (in Spanish).
  41. Los derechos de autor y su relevancia en los billetes p. 28.
  42. Ley N° 26714 Modifícase los artículos 252° a 258° y 261° del Código Penal (Counterfeit currency offences) (in Spanish) (1996).
  43. Schmitz Vaccaro, Christian (september 2014). Journalistic work in latin american legislations: from its creation to self-management of copyright (in Spanish). Retrieved on 2020-10-06.
  44. Murillo Chávez, Javier André (july 2014). "De Dumb Starbucks y Otros Demonios ¿La Parodia Justifica El Uso de Marca Ajena?". Actualidad Jurídica: 86-88. ISSN 1812-9552. Retrieved on 2021-12-15.
  45. Caso ARKINKA (in Spanish). Anuario Andino (2004). Retrieved on 2021-08-23.
  46. Decreto Supremo que aprueba el Reglamento de la Ley Nº 29151, Ley General del Sistema Nacional de Bienes Estatales (in Spanish). El Peruano.
  47. Código del derecho de propiedad intelectual de los arquitectos. Colegio de Arquitectos de Perú (2003).
  48. Resolución jefatural Nº 0276-2003/ODA-INDECOPI (in Spanish). Indecopi (2003). Retrieved on 2020-10-08.
  49. Law initiating the process of consolidation of the Peruvian regulatory spectrum (Law No. 29477) (in Spanish). Congress of Peru (2009). Retrieved on 2020-07-17.
  50. Law amending the article of the code of criminal procedure (Law No. 27454) (in Spanish). Congress of Peru (2001). Retrieved on 2020-07-19.
  51. Bernales Ballesteros (1999). La Constitución de 1993. Análisis y Comentarios (in Spanish). Editora Rao. Retrieved on 2020-07-19.
  52. Aplicación de la ley en el tiempo (artículo III del Título Preliminar del Código Civil) (in Spanish). Pasión por el Derecho (2020). Retrieved on 2021-08-10.
  53. Derechos conexos, aplicación de la ley en el tiempo, irretroactividad (in Spanish). Indecopi (2002). Retrieved on 2020-07-26.
  54. BOLETÍN AGOSTO 2010 (in Spanish). Unimpro (2010). Retrieved on 2020-07-26.

External links

Resolutions search engine from Indecopi website

注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明

南乔治亚和南桑威奇群岛

其他地区,例如属地、联邦、曾经的国家

南乔治亚和南桑维奇群岛的位置

南乔治亚和南桑维奇群岛是一个位于南大西洋的英国海外领地。此地没有永久居民。福克兰的总督实质上扮演该地领导人。

相信福克兰群岛的版权法律适用于此。

版权标签

参见: 共享资源:各地著作权法规/福克兰群岛#TAG

货币

参见: 共享资源:各地著作权法规/福克兰群岛#CUR

全景自由

参见: 共享资源:各地著作权法规/福克兰群岛#FOP

邮票

参见: 共享资源:各地著作权法规/福克兰群岛#邮票

参见

引用

注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Suriname

蘇利南

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

背景

Suriname come under Dutch rule in the late 17th century. In 1954 Suriname became one of the constituent countries of the Kingdom of the Netherlands. On 25 November 1975, the country of Suriname became an independent state.

Suriname has been a member of the Berne Convention since 23 February 1977 and the World Trade Organization since 1 January 1995.[1]

As of 2019, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law of March 22, 1913, laying down New Rules on Copyright (as amended up to Decree S.B No. 23 of 1981) as the main copyright law enacted by the legislature of Suriname.[1] WIPO holds the text of this law in their WIPO Lex database.[2] The law replaced Royal Decree of 11 May 1883 No. 39 (GB No. 11), but Article 11 of that decree remained in force for works and translations published before the 1913 law entered into force.[23/1981 Article 44]

The law was amended once more by act of 17 April 2015.[3] The consolidated copyright act is available on the Dutch Wikisource.

General rules

Under the Law of 1913, as amended up to the act of 17 April 2015,

  • Copyright expires after 50 years, starting from 1 January of the year following the year of death of the author, except as provided in the following articles.[23/1981 Article 38]
  • The duration of a joint copyright in a work, where two or more persons are joint creators, is calculated from 1 January of the year following the year of death of the last survivor.[23/1981 Article 38]
  • Copyright in anonymous works expires after 50 years, starting from 1 January of the year following that in which the first publication of the work has been carried out by or on behalf of the owner.[23/1981 Article 39]
  • The same applies to works in which a legal entity such as a public institution or company is the author, and to works that are first made public after the death of the author.[23/1981 Article 39]

Not protected

There is no copyright in general regulations as referred to in Article 2 of the Surinamese Constitution, issued by public power, nor in judgments and administrative decisions.[23/1981 Article 11]

Freedom of panorama

OOjs UI icon check-constructive.svg 可以. Under the Law of 1913, as amended up to the act of 17 April 2015,

  • There is no infringement by a report that records, reproduces and publicly communicates a limited portion of a work of literature, science or art insofar as this is necessary to show the event that is the actual subject matter of the report.[23/1981 Article 16bis]
  • There is no infringement of copyright in reproduction of a work that is permanently displayed or visible from a public road if the reproduction by its size or by the method in which it is made is clearly different from the original work. With buildings, this is limited to the exterior.[23/1981 Article 18]

Citations

注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Uruguay

烏拉圭

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

管辖法律

Uruguay was colonized by the Spanish in the early 18th century, and gained independence between 1811 and 1828,

Uruguay has been a member of the Berne Convention since 10 July 1967, the Universal Copyright Convention since 12 April 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 October 2006.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18.046 of October 24, 2006) as the main copyright law enacted by the legislature of Uruguay.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

In 2019, the term was extended from 50 to 70 years. This extension applies retroactively. Therefore, works by authors who died between 1949 and 1968 would no longer be in the public domain.[3]

一般规则

Under the Law of 1937 as amended up to 2006 and 2019,

  • Literary, scientific or artistic works are protected for 70 years after the death of the author. This duration is retroactive, so works may have entered the public domain and then returned to copyright protection.[18.046/2006 Article 14]
  • Posthumous works are protected for 70 years after death of the author, but fall into the public domain if not published, performed or exhibited in the 10 years following the death of the author.[18.046/2006 Article 14]
  • Anonymous and pseudonymous works are protected for 70 years from publication.[18.046/2006 Article 17]
  • Collective works are protected for 70 years after publication, or if they are not published for 70 years after making or disclosure [18.046/2006 Article 17]. Unless agreed to the contrary, authorization for use of an article, drawing, cartoon, caricature, photograph etc. in a periodical or magazine where the author is not an employee gives the publisher only the right to use it once. The other patrimonial rights of the assignor or licensor are safeguarded.[18.046/2006 Article 22–24]

Durations are calculated from 1 January of the year following death, making, publication or disclosure, as applicable.[18.046/2006 Article 17]

隐私

A portrait of a person may not be put on the market without the express consent of such person, and upon his death, the death of his spouse, his children or his parents. A portrait may be freely published when it is made for scientific, didactic and, in general, cultural purposes or where this is related to facts or events of public interest which have taken place in public.[18.046/2006 Article 21]

Public domain: not free

Article 6 of Law No 17.616 of 10 January 2003 states that when works of art or sculpture that have fallen in the public domain are resold at auction, in a commercial establishment or through the agency of a broker or dealer, the sale is subject to payment of a tariff of 3% on the resale price.[18.046/2006 Article 11]

The Copyright Council shall administer and take care of literary and artistic assets incorporated in the public and the State domain.[2006 Article 61] The proceeds from fees, fines, etc., to which the public or the State domain are entitled, shall be intended preferably for the Services of Art and Culture.[18.046/2006 Article 62] Law 16.297 of 12 August 1992, Article 1, created the National Fund for the Dramatic Art. This supports and disseminates dramatic art throughout Uruguay using funds collected under Article 62.

版权标签

  • {{PD-Uruguay}} – for works in the public domain because their copyright has expired (70 years after the author's death).
  • {{PD-Uruguay-anon}} – for anonymous works published more than 70 years ago.

货币

OOjs UI icon close-ltr-destructive.svg 不可以. The Central Bank of Uruguay exclusively issues bank notes and mints coins throughout Uruguay.[4] State, municipality and public-law entities are holders of copyright, where, in any mode recognized by law, they acquire ownership of one of the works protected by the copyright law. State works have perpetual copyright.[18.046/2006 Article 40]

全景自由

OOjs UI icon check-constructive.svg 可以 {{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or promenades, provided that the works thereof are considered to be solidly lying in the private domain.[18.046/2006 Article 45.8]

引用

  1. a b Uruguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18. 046 of October 24, 2006). Uruguay (2006). Retrieved on 2018-11-08.
  3. ¿Qué obras de dominio público no estarán disponibles tras la ley de derechos de autor?. Montevideo. Retrieved on 2022-01-13.
  4. Billetes y Monedas. Banco Central del Uruguay. Retrieved on 2019-01-22.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明
文本嵌入自
COM:Venezuela

委內瑞拉

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

Background

Venezuela was colonized by Spain in 1522. In 1811 it became one of the first Spanish-American territories to declare independence, at first as a department of the federal republic of Gran Colombia. Venezuela gained full independence in 1830.

Venezuela has been a member of the Universal Copyright Convention since 30 September 1966, the Berne Convention since 30 December 1982 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1993 Law on Copyright as the main IP law enacted by the legislature of Venezuela.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

一般规则

Under the 1993 Law on Copyright,

  • Copyright subsists for the lifetime of the author and expires after 60 years counted from January 1 of the year following his death, including the copyright in works not disclosed in his lifetime.[1993 Article 25]
  • For works of joint authorship, the 60 years referred to in the foregoing Article are counted as from January 1 of the year following that of the death of the last surviving coauthor.[1993 Article 26]
  • Nevertheless, the right of exploitation in an audiovisual work, a broadcast work or a computer program expires after 60 years counted from January 1 of the year following that of the first publication thereof or, failing that, of its completion.[1993 Article 26]
  • The copyright in anonymous or pseudonymous works expires after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]
  • For photographs and also reproductions and prints obtained by a comparable process rights expire after 60 years following the disclosure of the work, or 60 years after having been made if they have not been disclosed during that period. Such periods are counted from January 1 of the year following that of disclosure or making, as the case may be.[1993 Article 38]

不受保护

The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.[1993 Article 4]

版权标签

  • {{PD-Venezuela}} – generally 60 years after the author's death with the exception of audiovisual works, broadcast works and computer programs, in which case the protection lasts for 60 years after publication.
  • {{PD-VenezuelaGov}} – for the "texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts."

全景自由

OOjs UI icon check-constructive.svg 可以. {{FoP-Venezuela}} Under the 1993 Law on Copyright,

  • The following shall be considered lawful reproductions: ... the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations.[1993 Article 44(9)]

邮票

Red copyright.svg Stamps are not mentioned in the Law on Copyright 1993, and do not qualify as an excluded category.[1993 Article 4] Copyright lasts for 60 years from death, calculated from the 1 January following the year of death.[1993 Article 25] The copyright in anonymous or pseudonymous works shall expire after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]

Use template {{PD-Venezuela}} where applicable.

参见

引用

  1. a b Venezuela (Bolivarian Republic of) Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright. Venezuela (1993). Retrieved on 2018-11-08.
注意:上述描述可能不准确,不完整或过时,因此必须谨慎对待。在您上传文件至维基共享资源前,您应当确保其可以自由使用。 参见:共享资源:免责声明