Commons:Нормы авторского права по территории/Парагвай

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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.

Background

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and other productions that have passed into the public domain on expiry of the term provided for in the legislation repealed by this Law shall return to the private domain until such time as the term provided for in this Law expires, without prejudice to rights acquired by third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.

Excluded from protection

"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]

Public domain: non-free

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]

Freedom of panorama

Сокращение
COM:FOP Paraguay

Смотрите также: Commons:Свобода панорамы

Symbol OK.svgДа 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]

Stamps

Смотрите также: Почтовые марки / Общественное достояние

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]

Citations

  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.
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. Смотрите также: Commons:Отказ от ответственности