Copyrights Law in Argentina
Here’s a detailed overview of copyright law in Argentina:
📘 Legal Framework
Argentina’s copyright system is governed by Law No. 11,723 on Intellectual Property (Ley de Propiedad Intelectual), originally enacted in 1933 and amended multiple times.
The law protects authors' rights over literary, scientific, artistic, and musical works.
The Dirección Nacional del Derecho de Autor (DNDA) — National Copyright Office — oversees copyright registration and administration.
🧠 What Is Protected?
The law protects:
Literary works (books, articles, software)
Artistic works (paintings, sculptures, architecture)
Musical compositions (with or without lyrics)
Audiovisual works (films, videos, TV shows)
Photographic works
Databases (if original)
Derivative works (translations, adaptations)
📅 Duration of Copyright
Author’s lifetime + 70 years after death.
For joint works: 70 years after the death of the last surviving co-author.
For anonymous or pseudonymous works: 50 years from first publication (unless the identity is revealed earlier).
For audiovisual works: 70 years from publication.
For corporate works (when the employer is the rights holder): 50 years from publication.
🌍 International Treaties
Argentina is a member of key international copyright agreements:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
TRIPS Agreement (via WTO membership)
⚖️ Rights Granted
Authors enjoy:
Moral rights (inalienable): right of authorship, right to integrity of the work
Economic rights: including the right to reproduce, publish, distribute, translate, adapt, perform, and broadcast the work
Economic rights can be transferred or licensed, but moral rights cannot be waived or sold.
📝 Registration
Registration with the DNDA is not required for protection, as copyright is automatic upon creation.
However, registration provides evidence of authorship and date of creation, which is useful in enforcement or disputes.
⚖️ Enforcement
Copyright infringement can be pursued in civil or criminal courts.
Remedies include:
Injunctions
Seizure and destruction of infringing goods
Compensation for damages
Criminal penalties (fines or imprisonment for piracy and willful infringement)
Summary:
Aspect | Details |
---|---|
Governing Law | Law No. 11,723 on Intellectual Property |
Protected Works | Literary, artistic, musical, audiovisual, software, databases |
Duration | Life + 70 years; varies for anonymous/corporate works |
Registration | Optional, handled by DNDA |
International Treaties | Berne, WCT, WPPT, TRIPS |
Enforcement | Civil and criminal remedies available |
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