Copyrights Law in Venezuela
Copyright Law in Venezuela
1. Legal Framework
Copyright in Venezuela is mainly governed by:
Ley sobre el Derecho de Autor (Copyright Law), enacted in 1993
Reglamento de la Ley sobre el Derecho de Autor (Regulation), issued in 1995
Venezuela is also a member of several international treaties, including:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty
Rome Convention (for related rights)
TRIPS Agreement (as part of the WTO)
2. What is Protected?
Under Venezuelan copyright law, the following original works are protected:
Literary works (books, poems, articles, software)
Musical works (with or without lyrics)
Artistic works (paintings, sculptures, photographs)
Cinematographic and audiovisual works
Broadcasts and sound recordings
Architectural designs
Choreographic works and pantomimes
Derivative works (adaptations, translations, etc.)
Protection applies if the work is original and fixed in a tangible medium.
3. Ownership and Authorship
The author of a work is the original copyright holder.
In employment contexts, the employer may hold copyright if the work was created under contract.
For commissioned works, the contract determines ownership.
Co-authored works are jointly owned unless agreed otherwise.
4. Duration of Copyright
| Type of Work | Duration |
|---|---|
| Literary, artistic works | Life of the author + 60 years after death |
| Joint authorship | 60 years after the death of the last surviving author |
| Anonymous/pseudonymous | 60 years from lawful disclosure |
| Audiovisual and collective works | 60 years from publication |
| Related rights (performers, producers, broadcasters) | 50 years from first publication or performance |
5. Economic and Moral Rights
Economic rights give the author the ability to authorize or prohibit:
Reproduction
Distribution
Public performance
Communication to the public
Transformation or adaptation
Moral rights include:
The right to be identified as the author
The right to object to any distortion or mutilation of the work
These are perpetual, inalienable, and non-waivable in Venezuela
6. Limitations and Exceptions
Permitted uses without prior authorization include:
Private use and personal study
Quotations for criticism, news, or education (with attribution)
Use in educational institutions for teaching
Library and archive reproduction for preservation or research
7. Enforcement and Infringement
Legal actions for infringement may include:
Civil remedies: damages, injunctions, and confiscation of infringing copies
Criminal penalties for willful infringement: fines and imprisonment
The National Copyright Office (ONDA) under the Ministry of Culture oversees registration and enforcement assistance
8. Registration
Copyright protection is automatic upon creation.
Registration is not required for protection, but:
It provides evidence of authorship and creation date.
It is handled by ONDA (Oficina Nacional de Derecho de Autor).
Summary
Venezuela provides copyright protection for life + 60 years.
Both economic and moral rights are strongly protected.
Exceptions exist for private use, education, and quotation.
Enforcement includes both civil and criminal measures.
Registration is optional but useful and managed by ONDA.
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