Copyright law of El Salvador

Last updated

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.

Contents

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]

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 the 1st of 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 the 1st of 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:

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:

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 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.

Intellectual property Ownership of ideas and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are copyrights, patents, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.

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.

Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its 2016 China Business Climate Survey Report, and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protection of trade secrets lags far behind. Many US companies have claimed that the Chinese government has stolen their intellectual property sometime in 2009–2019.

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.

"Author's 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 Permissive provision in copyright laws

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 phrase is derived from the German term Panoramafreiheit.

The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008.

Berne Convention 1886 international copyright treaty adopted by over 170 countries

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention has 179 contracting parties, most of which are parties to the Paris Act of 1971.

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.

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

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. 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.
  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.
  5. 1 2 "Derechos de Autor | Centro Nacional de Registros". www.cnr.gob.sv. Retrieved 2019-06-09.
  6. ↑ Copyright Act of El Salvador, Article 86 of the Chapter 10.
  7. 1 2 "Derechos de autor y obras huérfanas | Autores.sv -DEV". www.autores.sv. 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.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.