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This page is a translated version of a page Commons:Copyright rules by territory/Peru and the translation is 58% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Copyright rules by territory/Peru and have to be approved by a translation administrator.

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This page provides an overview of copyright rules of Peru relevant to uploading works into Wikimedia Commons. Note that any work originating in Peru must be in the public domain, or available under a free license, in both Peru 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 Peru, refer to the relevant laws for clarification.

Contents

Hintergrund

The Spanish conquered the region in the 16th century. Peru secured independence in 1824.

Peru has been a member of the Universal Copyright Convention since 16 October 1963, the Berne Convention since 20 August 1988, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Law (Legislative Decree No. 822) of 1996 as the main copyright law enacted by the legislature of Peru.[1] WIPO holds the text of this law in their WIPO Lex database.[2] It has been amended by, among others,

  • Law No. 30276 on Amendments to the Copyright Law (Legislative Decree No. 822)
  • Legislative Decree No. 1076 of June 27, 2008, on the Law Amending Legislative Decree No. 822
  • Law No. 28571 on Amendments to Articles 188 and 189 of the Copyright Law (Legislative Decree No. 822 of April 23, 1996)

These do not appear to affect the definitions of protected works or the durations of protection.

Dauer

Peruvian copyright law, signed under the Manuel Prado administration, had a 20 year protection over images starting on 1 January 1962. All images published in Peru prior to 1976, whose protection lasted until 1996 (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration), are in the public domain. The Peruvian copyright law of 23 April 1996, which entered in force on 24 May 1996, states in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law".[822/1996 Transitional Provision 1]

Based on the 1996 law,

  • The standard copyright term based on authors' deaths is life + 70 years.[822/1996 Art.52]
  • Collective works, computer programs and audiovisual works are protected for 70 years from publication or 70 years from creation if unpublished.[822/1996 Art.54]
  • Anonymous works are protected for 70 years after publication (if the author is never disclosed).[822/1996 Art.53]

The periods provided for in this Chapter shall be calculated from the first of January of the year following that of the author’s death, or where appropriate that of the disclosure, publication or completion of the work.[822/1996 Art.56]

  • Performers' neighboring rights also last until 70 years after the death of the author.[822/1996 Art.135]
  • For phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission.[822/1996 Art.139.142]
  • Any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time).[822/1996 Art.143]
  • Simple photographs are protected for 70 years from publication.[822/1996 Art.144] Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.
  • The publication right lasts for 10 years from first publication of unpublished public domain works.[822/1996 Art.145]

Vom Schutz ausgeschlossen

The following are not eligible for copyright protection: (a) the ideas contained in literary or artistic works, processes, operating methods or mathematical concepts in themselves, systems or the ideological or technical content of scientific works, or the industrial or commercial exploitation thereof; (b) official texts of legislative, administrative or judicial character, or official translations thereof, without prejudice to the obligation to respect the texts and mention the source; (c) news of the day, provided that, in the case of word-for-word reproduction, the source from which it has been taken shall be mentioned; (d) simple facts or data.[822/1996 Art.9]

Copyright tags

Siehe auch: Commons:Lizenzvorlagen

{{PD-old-70}} - For works by authors who died more than 70 years ago, or anonymous works made public more than 70 years ago.

Währung

Siehe auch: Commons:Währung

  Nicht OK Peruvian currency is not exempted from copyright.[822/1996 Art.9] Law 26714, Article 256, prohibits reproducing bills and coins and distributing them for advertising or similar purposes in such a way as to create confusion or cause the reproductions to be used by third parties as if they were genuine currency[3]

Panoramafreiheit

Siehe auch: Commons:Panoramafreiheit

 OK {{FoP-Peru}} Based on the 1996 law,

  • The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.[26714/1992 Art.43(e)]
  • In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit his work shall be equivalent to unlawful use.[26714/1992 Art.43 (endnote)]

Briefmarken

Siehe auch: Commons:Briefmarken

  The basic law on copyright in Peru is contained in Legislative Decree No. 822 of April 23, 1996. There is no special mention of stamps in this law.[822/1996 Art.9] Copyright lasts for 70 years from death, calculated from the 1 January following the year of death, or for 70 years from the year of disclosure for anonymous and pseudonymous works.[822/1996 Art.52–53]

There is no PD template for Peru so use {{PD-old-auto}} where applicable.

Schöpfungshöhe

Siehe auch: Commons:Schöpfungshöhe

The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".[822/1996 Art.2(17)] Simple photographs have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Simple photographs are those which fail to meet the general definition of a "work".[822/1996 Art.144]

Siehe auch

Zitate

  1. a b Peru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Law (Legislative Decree No. 822). Peru (1996). Retrieved on 2018-11-08.
  3. Ley N° 26714 Modifícase los artículos 252° a 258° y 261° del Código Penal (Counterfeit currency offences) (in Spanish) (1996).
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. Siehe auch: Commons:Allgemeiner Haftungsausschluss