Copyrights Law in Puerto Rico (US)
Copyright law in Puerto Rico, as a U.S. territory, is governed primarily by U.S. federal copyright law, which applies uniformly across all U.S. states and territories, including Puerto Rico. Here's a breakdown of the key elements:
🔹 Governing Law
U.S. Copyright Act (Title 17 of the United States Code) is the primary legal framework.
Puerto Rico does not have a separate copyright law; instead, it follows U.S. federal law.
🔹 What Is Protected?
Under U.S. law (which applies in Puerto Rico), copyright protects original works of authorship that are fixed in a tangible medium of expression, including:
Literary works (books, articles, software code)
Musical works and lyrics
Dramatic works and accompanying music
Pictorial, graphic, and sculptural works
Motion pictures and audiovisual works
Sound recordings
Architectural works
🔹 Rights Granted
The copyright holder has the exclusive rights to:
Reproduce the work
Prepare derivative works
Distribute copies
Perform or display the work publicly
These rights can be licensed or assigned to others.
🔹 Registration
Not required for protection, but registering with the U.S. Copyright Office gives legal advantages, such as:
The right to sue for infringement
Eligibility for statutory damages and attorney’s fees
🔹 Duration of Copyright
In general:
For works by a single author: Life of the author + 70 years
For works made for hire or anonymous/pseudonymous works: 95 years from publication or 120 years from creation, whichever is shorter
🔹 Infringement and Enforcement in Puerto Rico
Federal courts handle copyright infringement claims in Puerto Rico.
Infringement penalties include injunctions, damages, and in some cases, criminal charges.
🔹 Local Cultural Considerations
While the law is federal, cultural works from Puerto Rico, such as music and literature, are protected under the same legal framework. Special attention may be given to local folklore or traditional knowledge, though these are not always protected under U.S. copyright law unless they meet originality and fixation requirements.
🔹 Related Areas
Moral rights are limited in U.S. law but exist for visual artists under the Visual Artists Rights Act (VARA).
Trademarks and patents are separate areas of intellectual property law, governed by USPTO.
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