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
Aspect | Details |
---|---|
Governing Law | Law No. 457 (2003) |
Protection | Automatic on creation; registration optional |
Protected Works | Literary, artistic, scientific, audiovisual, software |
Duration | Life + 70 years (general) |
Moral Rights | Strong, perpetual, inalienable |
Economic Rights | Reproduction, distribution, public communication |
International Treaties | Berne, WIPO, TRIPS |
Enforcement | Civil and criminal penalties |
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