Copyrights Law in Bolivia
Bolivia's copyright system is governed by Law No. 1322 of April 13, 1992, known as the Copyright Law, and its implementing regulations established by Supreme Decree No. 23907 of December 7, 1994. These legal instruments provide protection for the rights of authors over their original works, including literary, artistic, and scientific creations.(WIPO)
📘 Key Features of Bolivia’s Copyright Law
1. Protected Works
The law protects a wide range of works, including:
Literary works
Artistic works
Musical compositions
Audiovisual works
Computer programs
Photographs
Architectural works
Applied art
Derivatives works (e.g., translations, adaptations)(Lexivox)
Protection is granted automatically upon creation, without the need for formal registration.
2. Duration of Protection
The duration of copyright protection varies based on the type of work:
Individual works: Life of the author plus 50 years after death.
Joint works: 50 years after the death of the last surviving author.
Collective works: 50 years from the date of publication.
Anonymous or pseudonymous works: 50 years from the date of publication.
Applied art: 25 years from the date of creation.
Performers' rights: 50 years from the date of performance.
Producers of sound recordings: 50 years from the date of fixation.
Broadcasting organizations: 50 years from the date of broadcast.(WIPO)
3. Rights Granted
The law recognizes both economic and moral rights of authors:
Economic rights: Reproduction, distribution, public performance, broadcasting, adaptation, and translation.
Moral rights: Right to claim authorship and to object to any distortion or mutilation of the work.
These rights are protected from the moment of creation.
4. Registration
While copyright protection is automatic, Bolivia has established a voluntary registration system. The National Intellectual Property Service (SENAPI) maintains a copyright registry. Registration serves as prima facie evidence of authorship and ownership. To register, creators submit their works to SENAPI, and if there are no objections within a specified period, a certificate of registration is issued. However, registration is not mandatory for copyright protection.(igerent.com)
5. Enforcement and Remedies
Infringement of copyright is a criminal offense under the law. If committed willfully or by gross negligence for profit-making purposes, the infringer may be subject to:
Imprisonment for up to one year
A fine of up to 1 million Bolivians
Or both
Enforcement is primarily the responsibility of the copyright owner, who must monitor and take action against infringements. The government provides support but does not directly engage in enforcement operations.
6. International Treaties
Bolivia is a member of several key international copyright treaties:
Berne Convention for the Protection of Literary and Artistic Works (since 1993)
Buenos Aires Convention (since 1914)
Andean Community Decision 351 (since 1993)
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law No. 1322 of April 13, 1992 |
| Duration | Varies (50 years after author's death for most works) |
| Protected Works | Literary, artistic, musical, audiovisual, applied art, etc. |
| Registration | Voluntary; administered by SENAPI |
| Enforcement | Primarily by copyright owner; penalties include fines and imprisonment |
| International Treaties | Berne Convention, Buenos Aires Convention, Andean Community Decision 351 |
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