Open main menu

Commons:Copyright rules by territory/Andean Community of Nations

< Commons:Copyright rules by territory

Other languages:
Deutsch • ‎English • ‎Esperanto • ‎español • ‎français

This page provides an overview of copyright rules of the Andean Community relevant to uploading works into Wikimedia Commons. Note that any work originating in the Andean Community must be in the public domain, or available under a free license, in both the country of origin and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from the Andean Community, refer to the relevant laws for clarification.

Contents

Background

The Andean Community (AC) is a customs union comprising the South American countries of Bolivia, Colombia, Ecuador and Peru. The trade bloc was called the Andean Pact until 1996 and came into existence when the Cartagena Agreement was signed in 1969.[1] In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.[1][2]

At this time all members had adopted the Berne Convention and the Universal Copyright Convention However, various factors have delayed further convergence on common copyright rules, a prerequisite to integration of the information economies.[1]

General rules

Decision 351 rules have immediate and binding effect, overriding domestic laws.[1] They include:

  • Each member country gives the nationals of other countries protection no less favorable than that accorded to its own nationals.[1993 Article 2]
  • The author shall have the inalienable, unattachable, imprescriptible and unrenounceable moral rights.[1993 Article 11]
  • The term of protection of the rights is not less than the life of the author and 50 years after his death.[1993 Article 18]
  • Where the ownership of the rights accrues to a legal entity, the term of protection is not less than 50 years from the making, disclosure or publication of the work, as the case may be.[1993 Article 18]

The term of protection shall be counted from 1 January of the year following that of the death of the author or that of the making, disclosure or publication of the work, as appropriate.[1993 Article 20]

Decision 351 also defined rules that would take effect where consistent with the domestic laws of the AC members, including provisions on works-for-hire, droit de suite, computing terms of protection, transferring and licensing, and affiliation to collective rights management societies.[1]

Freedom of panorama

See also: Commons:Freedom of panorama

 OK Decision 351 of the Andean Community of Nations provides for Freedom of panorama as follows:

  • "Article 22.- Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".[1993 Article 22(h)]

See also

Citations

  1. a b c d e Cerda Silva, Alberto J. (2012) Copyright Convergence if the Andean Community of Nations[1], Intellectual Property Law Section of the State Bar of Texas
  2. Andean Community (17 December 1993) Decision No. 351—Common Provisions on Copyright and Neighboring Rights[2]
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer