Copyrights Law in Ecuador

Here’s an overview of copyright law in Ecuador:

Copyright Law in Ecuador

1. Governing Legislation

The primary law governing copyright in Ecuador is the Intellectual Property Law, specifically:

Law No. 67 of August 18, 1998, amended several times.

Supplemented by various regulations and international treaties.

The law is administered by the National Service of Intellectual Rights (SENADI).

2. Protected Works

Ecuador protects original works including:

Literary works (books, articles, computer software)

Artistic works (paintings, sculptures, photographs)

Musical compositions and lyrics

Audiovisual works (films, videos)

Dramatic and choreographic works

Architectural designs

Photographic works

Derivative works and compilations

3. Rights Granted

Economic rights: exclusive rights to reproduce, distribute, publicly perform, broadcast, and adapt works.

Moral rights: authorship recognition, integrity of the work, and right to withdraw the work under certain conditions.

4. Duration of Protection

Generally, copyright lasts for the life of the author plus 70 years after the author’s death.

For anonymous, pseudonymous, or corporate works, protection is 70 years from publication.

5. International Treaties

Ecuador is a party to:

Berne Convention for the Protection of Literary and Artistic Works

WIPO Copyright Treaty

WIPO Performances and Phonograms Treaty

TRIPS Agreement through its membership in the WTO

6. Registration

Copyright registration with SENADI is optional but recommended as proof of ownership.

The registration process involves submitting an application, the work, and paying a fee.

7. Enforcement

Infringements are addressed through civil, criminal, and administrative procedures.

Remedies include injunctions, damages, fines, and confiscation of infringing copies.

8. Summary Table

AspectDetails
Governing LawIntellectual Property Law No. 67/1998
Administering BodySENADI (National Service of Intellectual Rights)
Protected WorksLiterary, artistic, musical, audiovisual, architectural, and more
DurationLife + 70 years
RegistrationOptional but recommended
International TreatiesBerne Convention, WIPO treaties, TRIPS

 

 

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