Copyrights Law in Nicaragua

Copyright Law in Nicaragua

Nicaragua’s copyright framework is primarily governed by its National Intellectual Property Law, with a focus on copyright regulated under the Law No. 457 on Copyright and Related Rights (Ley No. 457 de Derecho de Autor y Derechos Conexos), enacted in 2003.

Key Points about Copyright Law in Nicaragua:

1. Governing Law

Law No. 457 (2003) — regulates copyright and related rights.

The law protects authors' rights over literary, artistic, and scientific works.

Administered by the National Directorate of Intellectual Property (DINPI).

2. What is Protected?

Original works in literary, scientific, and artistic fields including:

Books, articles, and other writings

Musical compositions and lyrics

Dramatic and choreographic works

Cinematographic and audiovisual works

Photographs and paintings

Software and databases

Architectural works

3. Protection Criteria

Works must be original and fixed in a tangible medium.

Protection is automatic upon creation; no formal registration required, but registration is possible and recommended as evidence of ownership.

4. Duration of Copyright

Author’s lifetime plus 70 years for literary and artistic works.

For audiovisual works, 70 years from the date of first publication.

For anonymous or pseudonymous works, 70 years from the date of publication.

Related rights (performers, producers, broadcasters) usually protected for 50 years.

5. Rights Protected

Economic Rights:

Reproduction, distribution, rental, communication to the public

Public performance and broadcasting

Adaptation, translation, or any other transformation of the work

Moral Rights:

Right of authorship and attribution

Right to integrity and to object to distortion or modification that harms the author’s honor or reputation

Moral rights are inalienable and perpetual.

6. International Treaties

Nicaragua is a member of major international copyright agreements:

Berne Convention for the Protection of Literary and Artistic Works

WIPO Copyright Treaty

TRIPS Agreement

These treaties ensure international recognition and protection of copyright.

7. Enforcement

Copyright infringement can result in:

Civil remedies (damages, injunctions)

Criminal sanctions (fines, imprisonment) in cases of piracy or counterfeiting

The law provides mechanisms for administrative and judicial enforcement.

Summary Table

AspectDetails
Governing LawLaw No. 457 (2003)
ProtectionAutomatic on creation; registration optional
Protected WorksLiterary, artistic, scientific, audiovisual, software
DurationLife + 70 years (general)
Moral RightsStrong, perpetual, inalienable
Economic RightsReproduction, distribution, public communication
International TreatiesBerne, WIPO, TRIPS
EnforcementCivil and criminal penalties

 

LEAVE A COMMENT

0 comments