Copyright law of El Salvador

Last updated October 06, 2024

The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.

History

The Copyright Law is ratified on the Article 103 of the Constitution of El Salvador of 1983. As of 2018, the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) as the main IP law enacted by the legislature of El Salvador..^[1] WIPO holds the text of this law in their WIPO Lex database. It supersedes the Legislative Decree No. 604 of 15 July 1993.^[2] WIPO also holds a copy on the 1993 law.^[3]

El Salvador has been a member of the Universal Copyright Convention since 29 March 1979, the Berne Convention since 19 February 1994, the World Trade Organization since 7 May 1995 and the WIPO Copyright Treaty since 6 March 2002.^[1]

Types of Protected Works

The present law protects the works of the personal creation, that is, originality. There is a mention list of protected work:^[4]

Books, Pamphlets and Writings.
Computer Programs such as software.
Musical Works (with or without lyrics).
Works of oratory, Three-Dimensional works, and Works of applied art.
Written or recorded versions of lectures, speeches, lessons, sermons and other works of the same type.
Dramatic or Dramatico-musical and Choreographic works.
Stage adaptations of dramatic or operatic works.
Works of architecture or engineering.
Globes, atlases and maps pertaining to any kind of study.
Photographs, lithographs and engravings.
Audiovisual works such as silent, spoken or musical cinematographic works.
Works of radio or television broadcasting.
Plans or other graphic reproductions and translations.
All other works that by analogy may be considered included within the same generic categories as the works specified.

Application

Authors deserve the right in accord with Acts and contracts related to copyright that are drawn up in a public deed, and authors can be registered in the Intellectual Property Registry with exceptions to foreign acts or contracts that are accepted as granted, provided that they have the respective authenticity mentioned in art. 56 of the Intellectual Property Law.

The author must present the act or contract in original in public deed, the payment receipt for the value of $11.43 US dollars, and the interested party may ask for his act or contract the following day. There are two cases of the application: One is the deposit of work which the author's certificate is delivered to the interested party that accompanied by a copy of the sealed work; and in case of make a record of acts or copyright contract, The acts or contracts will be photocopied to form a book, and The original act or contract are returned to the interested party to make an Author's record.^[5]

Duration

The duration of the copyright takes the life of the author plus seventy years after death of the author.

In case of being an anonymous or pseudonym work, whose author is not been revealed, the protection shall be a 70-year period.

Counted from 1 January of the next year of the first disclosure. Checking of the author of the anonymous or pseudonym work, or the holder of the copyright, the provision of the previous letter will apply. If an authorized disclosure have not been made or done after 50 years, counted from the year of creation or release of the work, interpretation, or performance of the issue; the protection period shall be taken from 1 January of the next year after the content released, performed, or created.^[6]

Originally, the Law was established as an extension of 50 years, which was amended in 2005, increasing that period to 70 years after the death of the author.^[7]

Public Domain

Works will be in public domain which will be a free work for any person who respects the same authority and integrity.^[7]

Included in this type of work common cultural heritage of the following:

Expiration of Duration of the copyright content (after 70 years of the author's death).
Works of unknown authorship, including the songs, legends, dances and expressions of folklore.
Null or resignation content.
Unsubmitted files within an indicated period.
Withdrawn application or certificate works.
Annexed documents from foreign languages after six months of presentation.
Works whose holders waived the protection afforded by this law.

Exceptions

The Copyright Law of El Salvador has a application for authors who want to provide their rights from the illegal piracy, probative media means before third parties and attests to the existence of the work, interpretation or production. However, There are some limitations exceptions in copyright in which anyone can make use of the works without the authorization of the author or right holder.^[5]

Examples are:

Freedom of panorama: Regarding works which is already lawfully disclosed, it is allowed without authorization of the author or remuneration. The reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the outer walls.^[8]
It is permissible to carry out briefly without the author's authorization or payment of remuneration, citations of works lawfully published, with the obligation to indicate the name of the author and the source, and provided that such appointments are made in accordance with honest practices and in the measure justified by the end pursued.^[9]

Infringement

Copyright infringement occurs when someone violates one of the exclusive rights.^[10] Commonly, this involves someone creating or distributing a "copy" of a protected work that is "substantially similar" to the original version. Infringement requires copying. If two or more people happen to write exactly the same story at the same time, without knowledge of the other, there is no infringement.

The violation of copyright is an infringement with the author's rights, regardless of act in any way less or harmless the moral or economic interests of the author. Authority or natural or legal person may not authorize the use of the work, interpretation, performance or any other work protected by the law, including any kind of communication media (with exceptions). If anyone doesn't respect the copyright, the delinquent will be punished with imprisonment of 2 to 4 years^[11]

Related Research Articles

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty.

A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.

Paracopyright is legal protection above and beyond traditional copyright. The most often cited example is "legal protection for technical measures" from the 1996 WIPO Internet treaties. Paracopyright provisions in these treaties are not about the term or scope of copyright, but instead are about providing legal protections for the technologies that may be used by copyright holders.

The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

Spanish copyright law, or authors' right law, governs intellectual property rights that authors have over their original literary, artistic or scientific works in Spain. It was first instituted by the Law of 10 January 1879,^{and, in its origins, was influenced by French authors' right law and by the movement led by Victor Hugo for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified.^{A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996:^{unless otherwise stated, all references are to this law.}}}

"Authors' rights" is a term frequently used in connection with laws about intellectual property.

Copyright law in Azerbaijan governs copyright in Azerbaijan. The status of copyright law and its protection is regulated by the Law of the Republic of Azerbaijan signed in 1996. The Law on Copyright and Related Rights regulates the relations that arise while creating or using scientific and literary works, as well as works of art. According to this law, adjacent rights to performances, phonograms, and the transfer of broadcasting and cable broadcasting organizations are also streamlined. The Law was amended in 2001, 2002, 2004, 2005, 2008, 2010, 2013, 2017, 2018 and 2021.

Freedom of panorama (FoP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works.

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Berne by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights or makerright.

Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property.

The copyright law of Chile is governed by Law No. 17,336, on Intellectual Property of October 2 of 1970 and subsequent amendments. It was implemented in the Decree No. 1122 of the Ministry of Education of Chile on May 17 of 1971.

Egyptian copyright law has evolved over time. The currently applicable legislation in Egypt with regard to copyright is Book Three of the Law on the Protection of Intellectual Property Rights 82 of 2002, which entered into force on 3 June 2002, the day following its publication in the Official Gazette. The implementing decree is Prime Ministerial Decree 497 of 2005.

The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. As of March 2019 a major amendment to the law in the Copyright Amendment Bill has been approved by the South African Parliament and is awaiting signature by the President.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

The Constitution of Azerbaijan generally recognizes the right to intellectual property (IP), and ensures the protection of IP rights of all persons. In order to clarify the norm of Constitution, and establish the legal basis of the protection of intellectual property rights, the parliament of Azerbaijan approved some laws, and ratified international agreements.

References

1 2 El Salvador Copyright and Related Rights (Neighboring Rights) . WIPO: World Intellectual Property Organization (2018). Retrieved on 2019-06-06.
↑ Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) . El Salvador (2017). Retrieved on 2019-06-06.
↑ Law on the Promotion and Protection of Intellectual Property Rights (Legislative Decree No. 604 of 15 July 1993). El Salvador (1993).
↑ Copyright Act of El Salvador, Articles 12 and 13 of the Chapter 2.
1 2 "Derechos de Autor | Centro Nacional de Registros". www.cnr.gob.sv. Archived from the original on 2019-06-09. Retrieved 2019-06-09.
↑ Copyright Act of El Salvador, Article 86 of the Chapter 10.
1 2 "Derechos de autor y obras huérfanas | Autores.sv -DEV". www.autores.sv. Archived from the original on 2019-06-09. Retrieved 2019-06-09.
↑ Copyright Act of El Salvador, Article 45 of the Chapter 3.
↑ Copyright Act of El Salvador, Article 46 of the Chapter 3.
↑ Copyright of El Salvador, Chapter 11.
↑ Reforms of the Criminal Code in El Salvador (2005), Article 2.

External links

Law of Intellectual Rights in El Salvador (In Spanish) (Decree No. 604 from the Article 103 of the Salvadoran Constitution)
National Records Center (El Salvador)

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[:0-1] 1 2 El Salvador Copyright and Related Rights (Neighboring Rights) . WIPO: World Intellectual Property Organization (2018). Retrieved on 2019-06-06.

[2] Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) . El Salvador (2017). Retrieved on 2019-06-06.

[:1-3] Law on the Promotion and Protection of Intellectual Property Rights (Legislative Decree No. 604 of 15 July 1993). El Salvador (1993).

[4] Copyright Act of El Salvador, Articles 12 and 13 of the Chapter 2.

[:2-5] 1 2 "Derechos de Autor | Centro Nacional de Registros". www.cnr.gob.sv. Archived from the original on 2019-06-09. Retrieved 2019-06-09.

[6] Copyright Act of El Salvador, Article 86 of the Chapter 10.

[:3-7] 1 2 "Derechos de autor y obras huérfanas | Autores.sv -DEV". www.autores.sv. Archived from the original on 2019-06-09. Retrieved 2019-06-09.

[8] Copyright Act of El Salvador, Article 45 of the Chapter 3.

[9] Copyright Act of El Salvador, Article 46 of the Chapter 3.

[10] Copyright of El Salvador, Chapter 11.

[11] Reforms of the Criminal Code in El Salvador (2005), Article 2.

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