Commons:Copyright rules by territory/Argentina
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Copyright rules: Argentina Shortcut: COM:ARGENTINA | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Photograph |
Create + 25 years & Publish + 20 years |
| Anonymous | Publish + 50 years |
| Audiovisual | Life + 50 years |
| Applied art | Create + 25 years |
| Other | |
| Freedom of panorama | For buildings |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-old-auto}} {{PD-AR-Photo}} {{PD-AR-Movie}} {{PD-AR-Anonymous}} {{PD-AR-Gov}} |
| ISO 3166-1 alpha-3 | ARG |
| Treaties | |
| Berne convention | 10 June 1967 |
| Univ. Copyright Convention | 13 February 1958 |
| WTO member | 1 January 1995 |
| 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 Argentina relevant to uploading works into Wikimedia Commons. Note that any work that originates in Argentina must be in the public domain, or available under a free license, in both Argentina 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 Argentina, refer to the relevant laws for clarification.
Background
Argentina has been an independent state since the early 19th century.
Argentina has been a member of the Universal Copyright Convention since 13 February 1958, the Berne Convention since 10 June 1967, 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 Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009) as the main copyright law enacted by the legislature of Argentina.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to Law No. 11.723 as amended up to Law No. 26.570 of November 25, 2009,
- Ownership of intellectual works shall fall to the authors thereof during their lifetime, and to their heirs or legal successors for 70 years starting from January 1 of the year following the author's death.[11.723/2009 Article 5]
- With works of collaboration, this term shall begin from January 1 of the year following the death of the last collaborating party.[11.723/2009 Article 5]
- For posthumous works, the 70-year term shall begin from January 1 of the year following the death of the author.[11.723/2009 Article 5]
- Ownership of intellectual performances fixed on phonograms shall fall to the performers for the period of 70 years starting from January 1 of the year following publication.[11.723/2009 Article 5bis]
- The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works.[11.723/2009 Article 8]
- For photographic works, the duration of the right of ownership shall be 20 years from the date of first publication.[11.723/2009 Article 34]
- The Berne convention also requires protection for at least 25 years from creation of artistic photographs and works of applied art.[11.723/2009 Article 7(4)]
- For cinematographic works, the right of ownership shall be 50 years from the death of the last of the collaborators listed in Article 20 of this Law.[11.723/2009 Article 34]
Historical changes in durations
- The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a.
- In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957.
- In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).
- For photographic works the duration of copyright is twenty years from the date of the first publication (article 34 of last version of 11723 law, updated (August 13, 1998) by law 24249 art 1).[3]
Copyright tags
See also: Commons:Copyright tags
- {{PD-AR-Photo}} – for Argentinian photographs first published more than 25 years ago. A proper source and date of publications has to be provided.
- {{PD-AR-Movie}} – for Argentinian and cinematographic works 50 years after the death of the script writer, the producer and the director.
- {{PD-AR-Music}} – for Argentinian music first published more than 70 years ago, and for free music performances done by musical ensembles belonging to the national, provincial or municipal governments.
- {{PD-AR-Anonymous}} – for anonymous works belonging to an institution, corporation or legal entity, registered in Argentina published 50 years ago or more.
- {{PD-AR-Signs}} – for road signs published in laws or other regulations.
- {{PD-AR-Deputies}} – for contents from the Argentine Deputies Chamber website.
- {{PD-AR-Senate}} - for contents from the Argentine Senate website.
- {{CC-AR-Presidency}} - for contents from the Presidency of Argentina website after 9 December 2015.
- {{CC-AR-Presidency-old}} - for contents from the Presidency of Argentina website before 9 December 2015.
- For all other works 70 years after the death of the author, {{PD-old}} applies.
- Local governments tags:
- {{CC-AR-GCBA}} - for contents from the Government of Buenos Aires City website.
- {{PD-AR-BALegislature}} - for contents from the Buenos Aires's City Legislature website before 14 August 2022.
- {{Cc-by-2.5-ar}} - for contents from the Bahía Blanca Partido website.
- {{CC-AR-GobEntreRíos}} - for contents from the Secretariat of Communication of the Government of Entre Ríos website.
- {{CC-AR-GobRíoNegro}} - for contents from the Government of Río Negro Province website.
- {{CC-AR-GobSantaFe}} - for contents from the Government of Santa Fe Province website.
- {{CC-AR-MunicipalidadCórdoba}} - for contents from the Municipality of Córdoba website before 28 September 2020.
- {{CC-AR-MunicipalidadMendoza}} - for contents from the Municipality of Mendoza website before 28 March 2022.
- {{Municipalidad de Rosario}} - for contents from the Municipality of Rosario website.
- Political parties tags:
- {{Unión Cívica Radical}} - for contents from the Radical Civic Union website.
- {{CC-AR-PartidoObrero}} - for contents from the Workers' Party website.
- News websites tags:
- {{CC-AR-PrensaObrera}} - for contents from the Workers' Press website.
- {{CC-AR-ANRed}} - for contents from the ANRed website.
Currency
See also: Commons:Currency
Not OK. There is no exception for currency in the Argentine copyright law.
Freedom of panorama
See also: Commons:Freedom of panorama
Argentina has no "freedom of panorama" provision in its copyright law. At least some think there is de facto freedom of panorama in Argentina regarding buildings:
- It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
- Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)[4]
In accordance with this discussion from July 2010, this de facto freedom of panorama for architecture in Argentina is acceptable on Wikimedia Commons:
OK for buildings {{FoP-Argentina}}- Not OK for sculpture and other works
As recent as 2022, this de facto freedom of panorama for Argentine architecture is brought to some skepticism, see these relevant discussions from December 2022 and from September 2023.
Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for Law No. 11.723, one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).
Stamps
See also: Commons:Stamps
The basic copyright law of Argentina is Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009). There is no mention of stamps or official works in the law, but Article 8 (as translated) says that "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution and not a natural person so assume that where a stamp is anonymous, it is out of copyright after 50 years. Use {{PD-AR-Anonymous}} where applicable. If the designer of the stamp is shown, the stamp will remain in copyright for seventy years after death.
Public domain: not free
See also: Commons:Paying public domain In Argentina, works that have fallen into the public domain are subject to a legal framework called "Dominio Público Pagante" (Paying Public Domain). The payment of certain fees is required for the use of these works, in accordance with national legislation. The following is a summary of the main regulations governing the use of public domain works in Argentina.
Legal framework
The governing legal text, enacted in 1978, sets out the rules for public domain use and outlines the fees that must be paid for works no longer protected by copyright. These fees came into effect on January 1, 1978, and apply to the use of both national and foreign works within the country. The National Fund for the Arts (Fondo Nacional de las Artes, FNA) is authorized to enforce these payments and impose penalties for non-compliance, as established in [Law 11.683] and [Law 21.281].
Rights and modalities
The use of public domain works is subject to various rights, including:
- Representation rights – Fees apply to the public performance or broadcasting of theatrical, musical, and audiovisual works, whether live or recorded, via any media.
- Inclusion rights – This covers the incorporation of public domain works into other formats, such as film, television, and digital media.
- Exhibition rights – Fees are required for the public exhibition of works, particularly in cinemas and other venues.
- Execution rights – Fees apply to musical works performed publicly, both live and via broadcast.
- Reproduction rights – Covers the reproduction of literary, artistic, and musical works in any format, including digital.
- Editing rights – Fees are applicable for the publication and distribution of literary, scientific, or artistic works.
- Digital rights – The public availability of works through digital means is also subject to fees.
Exceptions
Some exceptions are made for the free use of public domain works. These include:
- Cultural or educational purposes where public access is free and there is no advertising, either paid or unpaid.
- Non-commercial radio and television broadcasts by official, municipal, or educational institutions.
In such cases, users must request authorization from the FNA at least 15 days before using the work
Penalties
Failure to comply with these regulations can result in penalties, including fines and interest charges. The FNA is responsible for enforcing the law, and unpaid fees are subject to adjustment based on inflation indexes, in accordance with [Law 21.281].
Threshold of originality
See also: Commons:Threshold of originality
Not OK
In Argentina, the law does not require a "sufficient quantity" or a high threshold of originality for intellectual works to be protected. The originality can be minimal, but as long as it exists, the creator of the work will receive legal protection.
Originality is recognized when the work reflects an intellectual effort that bears the author's personal imprint. It is also important to note that originality is not absolute: works of human intelligence are always built upon previous knowledge.
"The creations are subject to a threshold of originality that distinguishes them from others by giving their personal imprint."[5]
[6]
See also
Citations
- ↑ a b Argentina Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009). Argentina (2009). Retrieved on 2018-11-08.
- ↑ Art. 34 Law 11723 del September 28, 1933, as modified by Ley 24870 Septiembre 11, 1997, as amended by Law 25006 B.O. 13/8/1998.
- ↑ Emery, Miguel Angel (1999) Propiedad Intelectual (4th ed.), Astrea Editors, p. 40
- ↑ Cerlalc (25 July 2007). La obra. Originalidad. Marco conceptual Existencia del derecho (in Spanish). Retrieved on 2021-10-22.
- ↑ Juan Javier Negri (01 July 2021). Arte y derecho: El caso de Fátima Pecci Carou (in Spanish). Retrieved on 2024-09-27.