Commons:Copyright rules by territory/Ecuador/eo

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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.

Background

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]

General rules

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

  • Economic rights shall last throughout the author's lifetime and for 70 years after his 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 himself 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]

Official works

{{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]

Freedom of panorama

Mallongigo
COM:FOP Ecuador

Vidu ankaŭ: Commons:Freedom of panorama

Symbol OK.svg  {{FoP-Ecuador}}

See Andean Community of Nations:Freedom of panorama and Commons: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)]

Poŝtmarkoj

Vidu ankaŭ: Commons:Stamps/Public domain

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]

Vidu ankaŭ

Citations

  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.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Vidu ankaŭ: Commons:General disclaimer