Commons:Copyright rules by territory/Peru

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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.

Background

The Spanish conquered the region in the 16th century. Peru secured independence in 1824. The first copyright law was launched on 1849 was signed under Ramón Castilla government. On October 31 1961, Manuel Prado administration updated the second copyright law which was effective until 1996.[1]

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.[2]

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.[2] WIPO holds the text of this law in their WIPO Lex database.[3] 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.

Durations

Original Peruvian copyright law in 1849 was signed under Ramón Castilla government and protected the author's rights during his lifetime and 20 years after his death.[4] Years later, a updated copyright signed under the Manuel Prado administration extended the copyright to 50 years after his death.[4] The law applies to the works of those who have Peruvian nationality or, in the case of non-Peruvian nationals, those who reside in the country.[24518/1986 Art. 6] Posthumous works are protected for a period of at least 30 years.[13714/1961 Art. 28] In 1986 Alan Garcia's government announced that the rights of exploitation of literary or intellectual works were extended to the lives of the author's children, spouse and parents through law 24518.[24518/1986 Art. 1][5] Base the old law starting on 1 January 1962, works that expired before 1996 (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration). However, some works apply rule of the shorter term for certain cases.[13714/1961 Art. 9]

  • Photographs: 20 years from first publication without literary or scientific intention before 1976,[13714/1961 Art. 24 and 27] whether the author is alive or no.[6]
  • Government works: 25 years from first publication before 1971.[13714/1961 Art. 24 and 27]
  • Anonymous works: 15 years from first publication before 1976 (if the author is never disclosed).[13714/1961 Art. 12 and 30]
  • The publication right lasts for 5 years from first publication of unpublished public domain works.[13714/1961 Art. 16]

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] There are not retroactive effect on works that have already expired before on 23 May 1996 according to Article 18 of Berne Convention and Article 103 of the Political Constitution of 1993: "No law has force or retroactive effect, except in criminal terms, when it favors the defendant". (SIBARITA S.A. vs AJINOMOTO DEL PERÚ S.A. (1998), section "Aplicación de la ley en el tiempo" in Indecopi (2015), p. 63).[7]

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]

Terms

Individual works

Date of author's death Date of publication Copyright tag
– December 31, 1939 – January 1, 1924 {{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}}
{{PD-US-expired|country=PE|hide_us_warning|deathyear=death year}}

OR for 19th-century works without a definite date: {{PD-old-assumed}}
{{PD-old-assumed}}

January 2, 1924 – December 31, 1939 {{PD-Peru-1961law}}Works under 1861 copyright law has expired for 20 years and they are in domain public in 1960.[13714/1961 Art. 153]
{{PD-Peru-1961law}}{{PD-old-auto-expired|deathyear=death year}}
January 2, 1940 – December 31, 1966 {{PD-Peru-1961law}}The work was in domain public in Peru on the date of URAA restoration (January 1, 1998) because copyright of the posthumous work was valid for 30 years from its publication before 1966.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.
{{PD-Peru-1961law}}{{PD-US-not renewed}}
Jaunary 1, 1940 – December 31, 1946 – December 31, 1946 {{PD-Peru-1961law}}
{{PD-Peru-1961law}}{{PD-old-auto-1996|country=Peru|deathyear=death year}}
December 31, 1946 – December 31, 1966 {{PD-Peru-1961law}}The work was in domain public in Peru on the date of URAA restoration (January 1, 1998) because copyright of the posthumous work was valid for 30 years from its publication before 1966.[13714/1961 Art. 28] The situation in the United States should be marked next to this label.
{{PD-Peru-1961law}}{{PD-US-not renewed}}
Jaunary 1, 1947 – December 31, 1950 – December 31, 1950 {{PD-old-auto-1996|country=Peru|deathyear=death year}}The work was still in copyright in Peru on the date of URAA restoration (January 1, 1998).[822/1996 Art.52]
{{PD-old-auto-1996|country=Peru|deathyear=death year}}{{Not-PD-US-URAA|country=PE}}
Others The work is still protected under 1996 law.

Note: In the event that the author died in 1966 and also his work was published in 1966 and he did not carry a legacy (heirs and legatees), its work is in the public domain (1996). The requirement is to prove that he has no inheritance (for example, via OTRS or web link). If it is satisfied, the work will be labeled with the corresponding template {{PD-Peru-1961law}}.

Anonymous or Pseudonymous works

If the author of the work is unveiled during its copyright term, it is protected as an individual work. e.g. Rafael de la Fuente Benavides (died in 1985) and his pen name "Martin Adán" are well-known among people, so his works will be protected in Peru until 2055.

Date of creation Copyright tag
– December 31, 1924 {{PD-two|PD-Peru-anonymous|PD-anon-70}}
{{PD-two|PD-Peru-anonymous|PD-anon-70}}

OR for 19th-century works: {{PD-old-assumed}}
{{PD-old-assumed}}

Jaunary 1, 1925 – December 31, 1981 {{PD-Peru-anonymous}}
{{PD-Peru-anonymous}}{{PD-old-auto-1996}}
January 1, 1982 – The work is still protected under 1996 law.

Government and legal entities works

Works of "personas jurídicas". For example, Government (Gobierno) and municipalities (municipalidades). Not recommended for simple photographs, see the corresponding section. Works must be labelled only from legal entities. If the work is an external participation of a natural person ("persona natural"), the shortest rule will not apply.

Date of creation Copyright tag
– December 31, 1971 {{PD-Peru-organization}}
{{PD-Peru-organization}}
January 1, 1972 – Judged under 1996 Copyright law. (as an individual work or pseudonymous work)

Old photographs

Applicable only to simple photographs and not published in literary or scientific works. Not suitable for reproductions of literary or artistic works (for example, drawings or paintings). For anonymous works, which are not labeled "Not for Reproduction", it is suggested to use the corresponding template.

Date of creation Copyright tag
– December 31, 1924 {{PD-Peru-photo}}
{PD-two|PD-Peru-photo|PD-US-expired}}
January 1, 1925 – December 31, 1976 {{PD-Peru-photo}}
{{PD-Peru-photo}}

In case the photo was not published in the United States or was not renewed in the United States (for example, it does not have the C icon):
{{PD-two|PD-Peru-photo|PD-1996}}

January 1, 1977 – Judged under 1996 Copyright law. (as an individual work or pseudonymous work)

Excluded from protection

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] Use {{PD-PE-exempt}}.

Copyright tags

Shortcut
COM:TAG Peru

See also: Commons:Copyright tags

  • {{PD-old-70}} - For works by authors who died more than 70 years ago, or anonymous works made public more than 70 years ago.
  • {{PD-PE-exempt}} for works exempt from copyright under Peruvian law.

For old works whose protection lasted until 23 May 1996 under Manuel Prado Copyright law of 1961:

Currency

See also: Commons:Currency

Before 1971

 OK The old peruvian sol is out of circulation. Use {{Currency}} and {{PD-Peru-organization}}, for historic coins use {{PD-old-auto}}.

Between 1971 and 1991

  Unclear There is not enough information regarding the copyright status of this.

After 1991

  Not OK Peruvian currency sol is not exempted from copyright.[822/1996 Art.9] In fact, the BCRP considers it to be a work of art. Therefore, its design and art of the bill is subject to copyright in Peru and prohibits any free reproduction.[8] 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.[9] See discussion.

Freedom of panorama

See also: Commons:Freedom of panorama

 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)]

Stamps

See also: Commons:Stamps/Public domain

Stamps created proir to 1971

  Some stamps were created by Casa de Correos y Telégrafos, today Ministry of Transport and Communications-owned Servicios Postales del Perú (Serpost). In Law No. 13714 of 1961, works by the government had a duration of 25 years and its copyright expired before 1996.

For stamps created by the Government and published before 1971 use {{PD-Peru-organization}}, for other works use {{PD-old-auto}} where applicable.

Stamps created since 1971

  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]

Threshold of originality

See also: Commons:Threshold of originality

Simple photographs

Recent 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. The definition varies in different laws, the description of which is shown below:

  • For old pictures taken and published prior to 1976  was expired before of the actual copyright law.[13714/1961 Art.27] These were not used in literary or scientific self works nor these were reproductions of artistic works under 1961 law. If the photo had no author and was not registered with Indecopi 15 years after its publication, it would also be in the public domain.[1] Use {{PD-Peru-photo}}.
  • 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 are those which   fail to meet the general definition of a "work".[822/1996 Art.144] However, if a photograph is taken of an object imitating the non-artistic techniques of the previous photograph, it is not infringing the copyright of the original technique (see Resolución Nº 059-2012 and Indecopi (2015), p.75).[7]
Simple logos

Simple logos are  OK to upload to Commons, because they are below the threshold of originality required for copyright protection. In words of Indecopi and Ministerio de Justicia:

«According to Article 3 of Decision 351 [of the Andean Decision], in accordance with Article 2 of Legislative Decree No. 822, a work is understood to be any original intellectual creation of an artistic, scientific or literary nature, susceptible of being disclosed or reproduced in any form»

— La originalidad como requisito de protección por derechos de autor ("requisito de la originalidad"), in: Precedentes y normativa del Indecopi en Propiedad Intelectual (2015)[7]

See also

Citations

  1. a b Old Copyright Law (Law No. 13714) (in Spanish). Peru (1961). Retrieved on 2020-05-19.
  2. a b Peru Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  3. Copyright Law (Legislative Decree No. 822). Peru (1996). Retrieved on 2018-11-08.
  4. a b Augusto Polo Campos: sus herederos recibirán regalías por 70 años (in Spanish). RPP (2017).
  5. Modification of old Copyright Law (Law No. 24518) (in Spanish). Peru (1986). Retrieved on 2020-05-21.
  6. ¿Es ético ilustrar noticias con fotos tomadas de Pinterest? (in Spanish). Fundación Gabo (2015).
  7. a b c d e Precedentes y normativa del Indecopi en Propiedad Intelectual (in Spanish). Indecopi (2015).
  8. Los derechos de autor y su relevancia en los billetes p. 28.
  9. 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. See also: Commons:General disclaimer