Commons:Copyright rules by territory/Peru

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Copyright rules: Peru
Shortcut: COM:PERU
Flag of Peru
Map of Peru
Durations
Standard Life + 70 years
Anonymous Disclosure + 70 years
Audiovisual Create/Publish + 70 years
Collective Create/Publish + 70 years
Other
Terms run to year end Yes
Common licence tags {{PD-old-auto}}
{{FoP-Peru}}
{{PD-Peru-photo}}
ISO 3166-1 alpha-3 PER
Treaties
Berne convention 20 August 1988
Univ. Copyright Convention 16 October 1963
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 1924 and protected in the country of origin on the URAA date.

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 goverment. 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 goverment 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] Also, had a 20 year protection over images created without a literary or scientific intention and a 25 year protection over government works starting on 1 January 1962.[13714/1961 Art. 24 and 27][5] 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] 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).[6]

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]

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]

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

Shortcut
COM:CUR Peru

See also: Commons:Currency

X mark.svg Not 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[7]

Comment: Reproduction of bills and coins is banned in peruvian law only if that has the purpose to use the reproduction as if it were the genuine currency. It is obvious that a picture of a coin taken with a camera and placed in Wikipedia will never produce that effect. So, the picture does not violate copyrigth rules.--Elelch (talk) 17:07, 22 April 2020 (UTC)

Freedom of panorama

Shortcut
COM:FOP Peru

See also: Commons:Freedom of panorama

Symbol OK.svgOK {{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

Red copyright.svg 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.

Threshold of originality

Shortcut
COM:TOO Peru

See also: Commons:Threshold of originality

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. For old pictures taken and published prior to 1976 was expired before of the actual copyright law.[13714/1961 Art.27][1] Simple photographs are those which X mark.svg 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).[6]

Some 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)[6]

  • Telefónica v Deutsche Telekom (Resolución N° 1127-1998/TPI-INDECOPI)[6]: "No es posible otorgar un monopolio sobre esta letra en favor de un solo titular"

  • Agrotrade S.R.LTDA. v Infutecsa E.I.R.L. (Resolución Nº 0286-1998/TRI-INDECOPI)[6]: "Cuando exista certeza de que una creación carece de individualidad y ha sido copiada textualmente, no convierte a ésta en obra"

  • Empresas Luc-Chetti S.A. v Molinoitalia S.A. y Pragma DePublicidad S.A. (Resolución Nº 074-2000/TPI-INDECOPI): "[...] aunque las obras musicales comprenden melodía, armonía y ritmo; sólo se puede adquirir derechos exclusivos sobre la melodía"

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. ↑ ¿Es ético ilustrar noticias con fotos tomadas de Pinterest? (in Spanish). Fundación Gabo (2015).
  6. ↑ a b c d e Precedentes y normativa del Indecopi en Propiedad Intelectual (in Spanish). Indecopi (2015).
  7. ↑ 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
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