Copyrights Law in Peru
Hereโs a summary of Copyright Law in Peru:
๐ 1. Legal Framework
Copyright in Peru is primarily governed by Legislative Decree No. 822 of April 1996, also known as the Peruvian Copyright Law.
This law has been amended over time to adapt to technological advances and international agreements.
๐ 2. Duration of Protection
The general copyright term is life of the author plus 70 years after death.
For anonymous or pseudonymous works, protection lasts 70 years from the date of publication.
For audiovisual works and photographs, protection also generally lasts 70 years from publication or creation.
Related rights (performers, producers of phonograms, broadcasting organizations) usually last 50 years from the performance or fixation.
๐ 3. International Treaties
Peru is a party to major international copyright treaties:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
๐๏ธ 4. Rights Granted
Economic rights: Include reproduction, distribution, public communication, and adaptation.
Moral rights: Include the right to claim authorship, integrity of the work, and the right to withdraw the work.
โ๏ธ 5. Exceptions and Limitations
Peruvian law recognizes exceptions similar to other jurisdictions, including:
Use for private study or research
Use for criticism, review, or news reporting
Use for education and teaching
Use by libraries and archives
๐ง 6. Enforcement
Copyright infringement can be addressed through civil and criminal procedures.
The National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) is the administrative body responsible for intellectual property protection and enforcement in Peru.
Registration of works is not mandatory but recommended for evidence purposes.
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