Copyright law of Chile

Last updated

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.

Contents

This law aims to protect the economic and moral rights of Chilean authors and foreigners residing in Chile, granted by the mere fact of creating works that are literary, artistic and scientific.

It states that foreign authors who aren't domiciled in the country enjoy the protection that is recognized by the international conventions that Chile has signed and ratified.

History

The Constitution of Chile of 1833 stipulated in Article 152 that "Every author or inventor shall have exclusive ownership of his discovery or production .." resulting in the act Literary and Artistic Property of July 24 of 1834 being passed.

It was replaced by Decree Law No. 345, Intellectual Property, of May 5 of 1925.

In turn, the 1950 Act 9.549 extended the copyright duration after the death of the author to fifty years.[ citation needed ]

In 1970, Chile signed and ratified the Berne Convention for the Protection of Literary and Artistic Works which states, among other principles, that the protection of the works should not be conditional upon compliance with any formality requirements.

Before it was due to issue a new law compatible with the international treaty, the Chilean government enacted Law No. 17,336, on Intellectual Property of October 2 of 1970 which, repealed the previous legislation on the subject.

Types of works

Although the law provides a list of protected works, it is not exhaustive.

Types of rights

The types of rights under Chilean law is divided in two:

Duration of protection

The protection of copyright in Chile is for the life of the author and 70 years after his death.

Originally, the Law No. 17,336 established an extension of 30 years, [1] which was amended in 1992, increasing that period to 50 years after the death of the author. In turn, this duration was increased again in 2003 by Law No. 19,914, to 70 years.

Article 10 of Law 17,336 provides that if there is a spouse or unmarried daughters or widows whose spouse or affected by an inability to perform any kind of work, this period will extend until the date of death last of the survivors.

Public domain

Law No. 17,336, recognizes the existence of public domain. These works of the common cultural heritage can be used by anyone, provided they mention the authorship of the work and respect the integrity of the work.

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

There are exceptions where the law authorised certain uses of works protected by intellectual property law, without going through the permission of the copyright owner, thereby balancing between protecting the interests of authors and the public interest.

Among the exceptions that the Chilean law are:

Quotations

Is the inclusion of a fragment of a person in your own work, respecting the authorship of the original author and source. In Chile quotations is limited to literary works, and is limited to ten lines of text.

Communication and Public Execution

Allows the public communication of works in educational, charitable or similar settings, or at home, if this communication is non-profit.

Publication of conferences and public speeches

These works can be published for information purposes only.

Lessons notes

Playable lessons such as teaching notes, sounds or videos, but its publication requires permission from the copyright holder of the lessons.

Reproduction of print and audiovisual buildings and publication of photographs

Playing works and monuments located in public places

Backup software

Communication and enforcement establishments selling instruments and electronic equipment

Ephemeral fixations made by radio and television organizations

Exceptions to copyright are authorizations that the law establishes to make certain uses of protected works, without requiring authorization or payment of remuneration from the author or owner. After the 2010 reform, the catalogue of exceptions was extensively expanded and includes the following provisions:

Article 71 B: Use of short fragments for quotation or for the purposes of criticism, illustration, teaching and research;

Article 71 C: Broad exception for the disabled;

Article 71 D: Exception for lessons in classes and public speeches;

Article 71 E: Exception for demonstration to the public in equipment sales rooms;

Article 71 F: Exception for reproduction of works installed in public spaces;

Articles 71 I, *J, *K and *L: Specific catalogue of exceptions for non-profit libraries and archives;

Article 71 M: Exceptions for educational purposes;

Article 71 N: Exception for communication to the public in domestic, educational and cultural spaces;

Article 71 Ñ: Exception for reverse engineering, backup and study and compatibility of computer programs;

Article 71 O: Exception for temporary copies;

Article 71 P: Exception for satire and parody;

Article 71 Q: Exception of fair or incidental uses;

Article 71 R: Translation exception for private use; and,

Article 71 S: Exception of reproduction and communication to the public for administrative, judicial and legislative uses.

Article 71 N: Exception for communication to the public in domestic, educational and cultural spaces;

Article 71 Ñ: Exception for reverse engineering, backup and study and compatibility of computer programs;

Article 71 O: Exception for temporary copies;

Article 71 P: Exception for satire and parody;

Article 71 Q: Exception of fair or incidental uses;

Article 71 R: Translation exception for private use; and,

Article 71 S: Exception of reproduction and communication to the public for administrative, judicial and legislative uses.

2010 law

In May 2007, President Michelle Bachelet sent Congress a proposed amendment to this law, pretending to make procedures more effective prosecution of crimes, increase penalties for violations of fronts to establish a system of limiting liability for Internet service providers, incorporate exceptions and limitations that are favorable to libraries, educational establishments and the general public, and regulate the establishment of tariffs by the collecting societies.

The project was very controversial due to the opposition of interests, including the Sociedad Chilena del Derecho de Autor (SCD), the International Federation of the Phonographic Industry, the Chilean Book Chamber [2] on the one hand, and on the other hand are the academic institutions, College of Librarians of Chile, Library Council of Rectors of Universities, NGO Digital Rights, among many others.

The Ministry of Culture, in turn, led the process in Congress, in which signed a controversial confidentiality agreement with the collecting society who agreed to accept a series of demands of copyright holders including the elimination of a number of exceptions for educational use, libraries and primarily uses the exception of the proposal fair. One of the most controversial provisions has been the establishment of an exemption permitting certain uses of protected works without permission, equivalent to the American fair use.

After all the discussion, on 13 January 2010, this flagship project of the administration of Paulina Urrutia was approved unanimously by the National Congress of Chile, entered into force on 4 May 2010, as No. 20.435. [3] [4]

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.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, 496 U.N.T.S 43, was accepted by members of the United International Bureaux for the Protection of Intellectual Property (BIRPI), the predecessor to the modern World Intellectual Property Organization, on 26 October 1961. The Diplomatic Conference was jointly convened by BIRPI, the International Labour Organisation, and the United Nations Educational, Scientific and Cultural Organization. The agreement extended copyright related rights protection for the first time to entities or individuals who are not the author but have a close relationship to a copyrighted work, including performers, sound recording producers and broadcasting organizations. As of August 2021, the treaty has 96 contracting parties, with a party defined as a State which has consented to be bound by the treaty and for which the treaty is in force.

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.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

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.

<span class="mw-page-title-main">Copyright, Designs and Patents Act 1988</span> United Kingdom law

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.

The Jordanian Copyright Law and its Amendment No. (22) for the year 1992 is based on the Berne Convention for the Protection of Literary and Artistic Works and does not contain a definition of copyright; however in Article (3) it clearly states that the law offers legal protection to any kind of original work in literature, art and science regardless of the value or purpose of the work.

Spanish copyright law governs copyright, that is the rights of authors of 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 copyright 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.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

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 Bern by ten European countries with the goal to agree 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 being referred to as copyright.

Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works. At the end of 2018, as a result of the Trans-Pacific Partnership negotiations and a requirement stemming from the EU–Japan Economic Partnership Agreement., the 70 year term was applied to all works. This new term was not applied retroactively; works that had entered the public domain between 1999 and 29 December 2018 (inclusive) due to expiration remained in the public domain.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

<span class="mw-page-title-main">Copyright Act of 1976</span> United States law

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.

The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1928, are in the public domain.

Copyright law in Thailand governs the legally enforceable rights of creative and artistic works under the Copyright Act BE 2537 (1994). Copyright is automatically protected for 50 years after the death of a known author or 50 years after publication in the case of an unknown author. It does not need registration; however, it can be filed with the Department of Intellectual property (DIP). Disputes are first heard in the Intellectual Property and International Trade Court.

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.

Provisions related to Italian copyright law are found in Law no. 633 of 22 April 1941. Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583.

The basic legal instrument governing copyright law in Georgia is the Law on Copyright and Neighboring Rights of June 22, 1999 replacing Art. 488–528 of the Georgian Civil Code of 1964. While the old law had followed the Soviet Fundamentals of 1961, the new law is largely influenced by the copyright law of the European Union.

<span class="mw-page-title-main">Copyright Act (Ghana)</span>

The Copyright Act is the legal framework that protects the use of an individual's work once the idea has been physically expressed. It is a form of intellectual property that protects original works of authorship of literary, dramatic, musical and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems or methods of operation, although it may protect the way these things are expressed. Ghana's current copyright law is Act 690 issued by the Parliament of the Republic of Ghana. It was enacted on 17 May 2005 and replaced Parliament's Act No. 110, the country's previous Copyright law from 1985. The Copyright law affords protection to a variety of works, grants Copyright holders rights to their work and defines the duration of that Copyright protection.

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.

References

  1. " Scoping study on copyright and related rights and the public domain ", by Professor Séverine Dusollier, University of Namur, Belgium. Report published by WIPO - World Intellectual Property Organization, 30 April 2010.
  2. Chilean Association of Publishers, Distributors and Booksellers "Quiénes somos". La Cámara Chilena del Libro (Chilean Book Chamber). Archived from the original on 20 August 2014. Retrieved 9 August 2014.
  3. Campbell, Dennis (2010). Internet: Laws and Regulatory Regimes (second ed.). Huntington, New York: Juris Publishing. p.  231. ISBN   978-1-57823-291-8.
  4. Espinoza, Helder Binimelis (2013). "La experiencia personal y el diálogo teórico como insumos para el desarrollo de un problema deinvestigación social". In Julio Aibar, Julio; Cortés, Fernando; Martínez, Liliana; Zaremberg, Gisela (eds.). El helicoide de la investigación: metodología en tesis de ciencias sociales (in Spanish). Mexico, DF: Flacso México. p.  65. ISBN   978-607-9275-21-1.