Commons:Copyright rules by territory/Ecuador
 | This page requires updating because: 'Organic Code of Social Economy of Knowledge, Creativity and Innovation' has been the governing law of the country since 2016 In doing so, you could add a timestamp to the page.
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Copyright rules: Ecuador Shortcut: COM:ECUADOR | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Other | |
| Freedom of panorama | No |
| Common licence tags |
{{PD-old-auto}} {{PD-EC-exempt}} |
| ISO 3166-1 alpha-3 | ECU |
| Treaties | |
| Berne convention | 9 October 1991 |
| Univ. Copyright Convention | 5 June 1957 |
| WTO member | 21 January 1996 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Ecuador relevant to uploading works into Wikimedia Commons. Note that any work originating in Ecuador must be in the public domain, or available under a free license, in both Ecuador 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 Ecuador, refer to the relevant laws for clarification.
Background
Ecuador was colonized by Spain during the 16th century. It became independent in 1820 as part of Gran Colombia, and became a sovereign state in 1830.
Ecuador has been a member of the Universal Copyright Convention since 5 June 1957, the Berne Convention since 9 October 1991, the World Trade Organization since 21 January 1996 and the WIPO Copyright Treaty since 6 March 2002.[1] Ecuador is also a member of the Andean Community of Nations. In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.[2][3]
The UNHCR holds a copy of Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual.[4] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, held a copy of the Organic Code of Social Economy of Knowledge, Creativity and Innovation in their WIPO Lex database.[5] This new law, passed in 2016, repealed the 1998 Intellectual Property Law, which was last amended in 2014. A copy of the 2006 amendment of this old law, Codification No. 2006-13, was held by the WIPO Lex database.[6] The 1998 law, in turn, repealed the Law on Copyright (Ley de Derechos de Autor) of 1976. WIPO included these laws among those enacted by the legislature.[1]
The 1998 law did not restore copyrights to works that were already in public domain.[2006-13 Art.378(Third)]
The 2016 law is not retroactive regarding intellectual property rights that were validly granted with national legislation, but is retroactive in terms of uses, enjoyment, obligations, licenses, renewals and extensions, as well as ongoing legal procedures.[2016 Disposiciones Transitorias(Décima Cuarta)]
General rules
Under the Intellectual Property Law (Codification No. 2006-13),
- Economic rights shall last throughout the author's lifetime and for 70 years after their death, regardless of the country of origin of the work.[2006-13 Art.80]
- With works of joint authorship, the period of protection shall commence on the death of the last joint author.[2006-13 Art.80]
- With posthumous works, the period of 70 years shall commence on the date of the author's death.[2006-13 Art.80]
- An anonymous work the author of which does not make byself known within 70 years of the date of first publication shall enter the public domain. Where the identity of the author of a work published under a pseudonym is not known, the work shall be considered anonymous.[2006-13 Art.80]
- Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006-13 Art.81]
- 1976 law
The Law on Copyright (1976), which was repealed by the Intellectual Property Law (1998, last-amended in 2014), provided a term of 50 years after author's death.[7] However, works that became public domain before the enactment of the 1998 law are not affected by the extension of term to 70 years, as per the third transitional provision under the Article 378 of the 1998 law.
Not protected
See also: Commons:Unprotected works
{{PD-EC-exempt}}. The following shall not be protected: ... legal and regulatory provisions, judicial decisions, and instruments, agreements, deliberations and rulings of public bodies, and also the official translations thereof.[2006-13 Art.10] Coats of arms, flags and other official symbols are not explicitly exempted from copyright protection, but they may be in the public domain if a decree or resolution originating from the proper public office, adopting such emblem or symbol, is found.
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK {{NoFoP-Ecuador}}
See Andean Community:Freedom of panorama.
The Organic Code of Social Economy of Knowledge, Creativity and Innovation (2016) provides a restrictive freedom of panorama that does not allow commercial uses of images of copyrighted works permanently found in public spaces:
- The reproduction, adaptation, distribution or public communication for scientific or educational purposes and to guarantee access to people with disabilities of architectural, photographic, fine arts, applied art or other similar works, which are permanently located in places open to the public, through photography, painting, drawing, filming or any other similar technique or procedure, provided that the name of the author of the original work, if known, and the place where it is located are indicated.[2016 Art.212(7)]
The repealed Intellectual Property Law (1998, last-amended in 2014) provided a more lenient exception, under Article 83(f), permitting the use of works permanently located in public spaces as long as "the purpose is strictly the dissemination of art, science and culture." However, under the fourteenth provision of the "Disposiciones Transitorias" of the 2016 Organic Law, rules of the current copyright law are prevailing regarding uses, enjoyment, obligations, licenses, renewals, and extensions.
Decision 351 of the Andean Community of Nations provides for freedom of panorama: "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".[351/1993 Article 22(h)]
Nevertheless, the member states such as Ecuador have the leeway to restrict FoP rules. According to Cerda Silva (2012), "the Decision only set forth a minimum legal standard, allowing the standard to be heightened by domestic law. This is the case for moral rights recognized for authors, economic exclusive rights, term of protection, and exceptions and limitations to copyright."[2]
See Commons:Village pump/Copyright/Archive/2024/05#Ecuadorian FoP in the new law for the discussion.
See also: Category:Ecuadorian FOP cases.
Stamps
See also: Commons:Stamps
Under the Intellectual Property Law (Codification No. 2006-13) there is no exception for stamps, which would be protected for 70 years from publication.
- Protected works shall include, inter alia, the following: ... works of painting, drawing, engraving and lithography ....[2006-13 Art.8(f)]
- The employer or commissioner owns copyright in works by made employees or commissioned.[2006-13 Art.16]
- Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.[2006-13 Art.81]
Threshold of originality
See also: Commons:Threshold of originality
See also
Citations
- ↑ a b Ecuador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ a b Cerda Silva, Alberto J. (2012). Copyright Convergence if the Andean Community of Nations. Intellectual Property Law Section of the State Bar of Texas. Retrieved on 2018-11-30.
- ↑ Andean Community (17 December 1993). Decision No. 351—Common Provisions on Copyright and Neighboring Rights. Retrieved on 2018-12-01.
- ↑ Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual (1998). Retrieved on 2018-12-12.
- ↑ Organic Code of Social Economy of Knowledge, Creativity and Innovation. Ecuador (2016).
- ↑ Intellectual Property Law (Codification No. 2006-13). Ecuador (2006). Retrieved on 2018-11-08.
- ↑ Cardoso, Pablo. The Economic Contribution of Copyright Industries in the Republic of Ecuador. World Intellectual Property Organization. Retrieved on 2024-05-30.