Copyrights Law in Cuba
Cuba's copyright system is primarily governed by Law No. 14, enacted on December 28, 1977, and amended by Decree-Law No. 156 on September 28, 1994.
📜 Key Provisions of Cuban Copyright Law
1. Automatic Copyright Protection
Copyright protection in Cuba is automatic upon the creation of a work, without the need for registration. However, authors may voluntarily register their works with the National Center for Copyright (CENDA) to establish evidence of authorship. A certificate issued by CENDA serves as prima facie evidence of ownership
2. Duration of Copyright
The duration of copyright protection is as follows:
Life of the author + 50 years: For individual works.
50 years after the death of each author: For collaborative works.
50 years from the first publication: For anonymous or pseudonymous works.
25 years from the use of the work: For works created by a process analogous to photography or applied arts.
These terms apply irrespective of when the work is lawfully released
3. Related Rights
Cuba recognizes related rights for:
Performers: Rights in their performances.
Producers of phonograms: Rights in their phonograms.
Audiovisual producers: Rights in their videograms.
Broadcasting organizations: Rights in their program signals.
Publishers of press publications: Rights in their press publications.
Producers of non-original databases: Rights in their non-original databases.
These rights are protected under Cuban law and are distinct from copyright.
4. Limitations and Exceptions
Cuban copyright law provides certain limitations and exceptions, including:
Private use: Reproduction of works for personal use without commercial intent.
Educational use: Use of works for teaching purposes within educational institutions.
Public performance: Performance of works in cultural activities not associated with economic gain.
Reproduction of works in public places: Reproduction of works of art displayed in public spaces.
Parody and satire: Use of works for parody or satire, provided it does not harm the original work or its creator's reputation.
These exceptions aim to balance the rights of creators with the public interest.
5. International Treaties
Cuba is a signatory to several international copyright treaties, including:
Universal Copyright Convention (1952): Cuba acceded to this convention on March 18, 1957.(
Inter-American Convention on the Rights of the Author in Literary, Scientific and Artistic Works (1946): Cuba is a party to this convention, which provides mutual recognition of copyrights among American states. (
However, Cuba has not signed the WIPO Copyright Treaty or the WIPO Performances and Phonograms Treaty, which are key instruments for the protection of digital and related rights in the global context. (
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