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

Contents

Background

Venezuela was colonized by Spain in 1522. In 1811 it became one of the first Spanish-American territories to declare independence, at first as a department of the federal republic of Gran Colombia. Venezuela gained full independence in 1830.

Venezuela has been a member of the Universal Copyright Convention since 30 September 1966, the Berne Convention since 30 December 1982 and the World Trade Organization since 1 January 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the 1993 Law on Copyright as the main IP law enacted by the legislature of Venezuela.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

Under the 1993 Law on Copyright,

  • Copyright subsists for the lifetime of the author and expires after 60 years counted from January 1 of the year following his death, including the copyright in works not disclosed in his lifetime.[1993 Article 25]
  • For works of joint authorship, the 60 years referred to in the foregoing Article are counted as from January 1 of the year following that of the death of the last surviving coauthor.[1993 Article 26]
  • Nevertheless, the right of exploitation in an audiovisual work, a broadcast work or a computer program expires after 60 years counted from January 1 of the year following that of the first publication thereof or, failing that, of its completion.[1993 Article 26]
  • The copyright in anonymous or pseudonymous works expires after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]
  • For photographs and also reproductions and prints obtained by a comparable process rights expire after 60 years following the disclosure of the work, or 60 years after having been made if they have not been disclosed during that period. Such periods are counted from January 1 of the year following that of disclosure or making, as the case may be.[1993 Article 38]

Not protected

The texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts are not protected.[1993 Article 4]

Copyright tags

See also: Commons:Copyright tags

  • {{PD-Venezuela}} – generally 60 years after the author's death with the exception of audiovisual works, broadcast works and computer programs, in which case the protection lasts for 60 years after publication.
  • {{PD-VenezuelaGov}} – for the "texts of laws, decrees, official regulations, public treaties, judicial decisions and other official acts."

Freedom of panorama

See also: Commons:Freedom of panorama

 OK. {{FoP-Venezuela}} Under the 1993 Law on Copyright,

  • The following shall be considered lawful reproductions: ... the reproduction of a work of art permanently displayed in a street, square or other public place by means of a technique different from that used for the making of the original; with respect to buildings, the said right shall be limited to the external elevations.[1993 Article 44(9)]

Stamps

See also: Commons:Stamps/Public domain

  Stamps are not mentioned in the Law on Copyright 1993, and do not qualify as an excluded category.[1993 Article 4] Copyright lasts for 60 years from death, calculated from the 1 January following the year of death [1993 Article 25]. The copyright in anonymous or pseudonymous works shall expire after 60 years counted from January 1 of the year following that of the first publication thereof.[1993 Article 27]

Use template {{PD-Venezuela}} where applicable.

See also

Citations

  1. a b Venezuela (Bolivarian Republic of) Copyright and Related Rights (Neighboring Rights). World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Law on Copyright. Venezuela (1993). Retrieved on 2018-11-08.
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