Chilean copyright law
Encyclopedia
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.
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 no foreign authors domiciled
in the country enjoy the protection that is recognized by the international conventions that Chile has signed and ratified.
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.
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.
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treaty, the Chilean government enacted Law No. 17,336, on Intellectual Property of October 2 of 1970 which, repealed the previous legislation on the subject.
Originally, the Law No. 17,336 established an extension of 30 years, 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.
.
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:
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.
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 has been very controversial due to the opposition of interests, including the Chilean Society Copyright (SCD), the International Federation of the Phonographic Industry, the Chilean Book Chamber 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 has been the establishment of an exemption permitting certain uses of protected works without permission, equivalent to the American fair use
.
Ministry of Education of Chile
The Ministry of Education of Chile is the Ministry of State responsible for promoting the development of education at all levels, to assure all people access to basic education, to stimulate scientific and technological research and artistic creation, and the protection and enhancement of cultural...
on May 17 of 1971.
This law aims to protect the economic and moral rights of Chilean authors and foreigners residing in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, granted by the mere fact of creating works that are literary, artistic and scientific.
It states that no foreign authors domiciled
Domicile (law)
In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave...
in the country enjoy the protection that is recognized by the international conventions that Chile has signed and ratified.
History
The Constitution of ChileConstitution of Chile
In its temporary dispositions, the document ordered the transition from the former military government, with Augusto Pinochet as President of the Republic, and the Legislative Power of the Military Junta , to a civil one, with a time frame of eight...
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.
In 1970, Chile signed and ratified the Berne Convention for the Protection of Literary and Artistic Works
Berne Convention for the Protection of Literary and Artistic Works
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.- Content :...
which states, among other principles, that the protection of the works should not be conditional upon compliance with any formality.
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.- Books, pamphlets, articles and writings.
- Conferences, speeches, lectures, reports, reviews, etc., both written or recorded versions
- Dramatic, dramatic-musical and theater in general, pantomimes and choreographic
- Music
- Adaptations of literary or original works, his librettos and screenplays, radio or television productions of literary works
- Newspapers and magazines
- Photographs, engravings and lithographs
- Films
- Projects, sketches and architectural models
- Audio-visual materials relating to any science
- Paintings, drawings, illustrations, etc.
- Sculptures and works of figurative art
- Scenographic sketches and scenes
- Adaptations, translations and other transformations, when authorized by the original author of the work if it is not in the public domain
- Video and slide shows
- Software
Types of rights
The types of rights under Chilean law is divided in two:- Moral rights consists in the recognition of authorship of the work, being able to oppose any changes, keep the work unpublished, and so on. These rights are inalienable and not transferable, but can be transmitted to the surviving spouse and heirs.
- Property rights consist of the use of the work, whether its publication, reproduction, adaptation, translation or processing performance. These rights can be transferred to third parties after permission of the author or rights holder.
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, 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 domainPublic domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
.
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:
- Works whose term of protection has been extinguished
- Works of unknown authorship, including the songs, legends, dances and expressions of folklore acquis
- Works whose holders waived the protection afforded by this law
- Works of foreign authors, residing abroad, who are not protected by copyright laws abroad or in Chile.
- Works expropriated by the state, unless a beneficiary is specified by law.
Exceptions to copyright
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
Communication and enforcement establishments selling instruments and electronic equipment
ephemeral fixations made by radio and television organizations
Controversy and Change in 2007
In May 2007, President Michelle BacheletMichelle Bachelet
Verónica Michelle Bachelet Jeria is a Social Democrat politician who was President of Chile from 11 March 2006 to 11 March 2010. She was the first woman president of her country...
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 has been very controversial due to the opposition of interests, including the Chilean Society Copyright (SCD), the International Federation of the Phonographic Industry, the Chilean Book Chamber 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 has been the establishment of an exemption permitting certain uses of protected works without permission, equivalent to the American fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
.
External links
- New chilean copyright law
- Chilean Law 17,336
- Intellectual Property Law
- Regulation of Intellectual Property Law (Decree Nº 1.122)
- Intellectual Property Registration: Registration of a work, Easy Website Step, Government of Chile
- Chile, WIPO
- Act. 19.914