Copyrights Law in Paraguay
Copyright law in Paraguay is governed by national legislation and international treaties. Here's an overview of how it works:
π Legal Framework in Paraguay
1. Primary National Law
Law No. 1328/98: On Copyright and Related Rights
This is the primary legislation that regulates copyright and related rights in Paraguay. It protects both economic and moral rights of authors and creators.
2. What Is Protected?
Under this law, the following are protected:
Literary works (books, articles)
Musical compositions
Films and audiovisual works
Artistic works (paintings, sculptures)
Software and databases
Architectural designs
Photography
Dramatic works
Any original work of authorship fixed in a tangible medium
π‘οΈ Rights Granted
Economic Rights
These include the rights to:
Reproduce the work
Distribute copies
Publicly perform or display the work
Create derivative works
Authorize others to use the work
Moral Rights
Include the author's rights to:
Be credited as the author
Object to derogatory treatment of the work
Withdraw the work from the market (under certain conditions)
π Duration of Protection
Generally: Author's life + 70 years
For anonymous or pseudonymous works: 70 years from publication
Related rights (e.g., for performers, producers): 50 years
π International Treaties
Paraguay is a member of several major international agreements:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
TRIPS Agreement (under the WTO)
These ensure that Paraguayan works are protected abroad and that foreign works are protected in Paraguay.
ποΈ Enforcement and Administration
The DirecciΓ³n Nacional de Propiedad Intelectual (DINAPI) is the national body responsible for intellectual property, including copyright.
Authors can enforce their rights through civil or criminal courts.
Paraguay has provisions for injunctions, damages, and seizure of infringing goods.
π Key Notes
Registration is not required to obtain copyright in Paraguay, but registering with DINAPI can help in legal disputes.
Fair use / exceptions: There are exceptions for education, private use, and other limited purposes, as outlined in the law.
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