Copyrights Law in Chile
Sure! Here's an overview of Copyright Law in Chile:
Copyright Law in Chile
Legal Framework:
Chile’s copyright law is primarily governed by Law No. 17,336 on Intellectual Property, enacted in 1970 and amended several times since. This law covers copyright and related rights.
International Treaties:
Chile is a party to several international copyright treaties, including:
The Berne Convention for the Protection of Literary and Artistic Works
The WIPO Copyright Treaty (WCT)
The WIPO Performances and Phonograms Treaty (WPPT)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Protected Works:
The law protects a broad range of works, including:
Literary and artistic works (books, articles, plays, music, paintings, sculptures)
Cinematographic works and audiovisual works
Photographic works
Computer programs and software
Databases (as intellectual creations)
Duration of Protection:
The general term for copyright protection is life of the author plus 70 years after their death.
For anonymous or pseudonymous works, protection lasts 70 years from the date of first publication.
For photographic works and cinematographic works, protection is also 70 years from first publication or creation.
Rights Granted:
Economic rights: include reproduction, distribution, public communication, adaptation, translation, and broadcasting.
Moral rights: include the right to claim authorship, to object to any distortion or mutilation of the work, and the right to withdraw the work under certain circumstances.
Exceptions and Limitations:
Chilean law provides exceptions similar to “fair use,” allowing limited use without authorization for:
Private copying
Educational and research purposes
Quotation and criticism
Use by libraries and archives
Collective Management:
Chile has collective management organizations that manage rights on behalf of authors and rights holders, facilitating licensing and royalties collection.
Enforcement:
Enforcement mechanisms include civil actions for damages and injunctions, as well as criminal penalties for copyright infringement.
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