Copyrights Law in Guatemala
Here’s a comprehensive overview of copyright law in Guatemala:
📘 Legal Framework
Guatemala’s copyright is governed by the Law on Copyright and Related Rights (Ley de Derecho de Autor y Derechos Conexos), Decree No. 33-98, with amendments from Decree No. 56-2000.
The law is administered by the Intellectual Property Registry (Registro de la Propiedad Intelectual) under the Ministry of Economy.
🧠 What Is Protected?
Copyright law in Guatemala protects original creations in the literary, artistic, and scientific fields, including:
Literary works (books, articles, software)
Artistic works (paintings, drawings, sculptures)
Musical compositions and lyrics
Audiovisual works (films, videos)
Choreographic and dramatic works
Architectural works
Derivative works (translations, adaptations, compilations)
📅 Duration of Copyright
| Type of Work | Duration |
|---|---|
| Individual works | Life of the author + 75 years after death |
| Joint authorship | 75 years after death of the last surviving author |
| Anonymous/pseudonymous works | 75 years from publication |
| Audiovisual and photographic works | 75 years from creation or publication |
| Moral rights | Perpetual |
🌍 International Treaties
Guatemala is a member of several key copyright treaties:
Berne Convention
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement (via WTO membership)
⚖️ Rights Granted
Guatemalan copyright law grants:
Moral rights (inalienable and perpetual): right to be named, right to integrity
Economic rights: right to reproduce, distribute, publicly communicate, adapt, translate, and license the work
These rights can be transferred or licensed, except moral rights, which remain with the author.
📝 Registration
Copyright protection is automatic upon creation.
Voluntary registration with the Intellectual Property Registry is possible and useful as legal proof in disputes.
⚖️ Enforcement
Infringement cases can be pursued in civil or criminal courts.
Available remedies:
Injunctions
Seizure of infringing goods
Damages
Fines and imprisonment for willful or commercial-scale infringement
Summary:
| Aspect | Details |
|---|---|
| Governing Law | Decree No. 33-98 and Decree No. 56-2000 |
| Protected Works | Literary, artistic, musical, audiovisual, software |
| Duration | Life + 75 years; 75 years for anonymous/AV works |
| Registration | Optional; through Intellectual Property Registry |
| International Treaties | Berne, WCT, WPPT, TRIPS |
| Enforcement | Civil and criminal remedies available |
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