Commons:Copyright rules by territory/Chile
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Copyright rules: Chile Shortcut: COM:CHILE | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Create/publish + 70 years |
| Other | |
| Freedom of panorama | For most works permanently located in "squares, avenues and public places." |
| Common licence tags |
{{PD-Chile}} {{PD-Chile-doc}} |
| ISO 3166-1 alpha-3 | CHL |
| Treaties | |
| Berne convention | 5 June 1970 |
| Univ. Copyright Convention | 16 September 1955 |
| 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 Chile relevant to uploading works into Wikimedia Commons. Note that any work originating in Chile must be in the public domain, or available under a free license, in both Chile 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 Chile, refer to the relevant laws for clarification.
Background
What is now Chile was colonized by Spain in the mid-16th century. Chile declared its independence from Spain in 1818.
Chile has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 5 June 1970, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]
As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 17.336 on Intellectual Property (as amended up to Law No. 21045 of November 3, 2017 as the main IP law enacted by the legislature of Chile.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
As of the 2017 revision:
- Protection lasts for the author's life, then for 70 years after the date of death.[17.336/2017 Art.10]
- Works made for hire are protected for 70 years from first publication.[17.336/2017 Art.10]
- For collaborative works, the term of 70 years runs from the death of the last surviving co-author.[17.336/2017 Art.12]
- Anonymous or pseudonymous works are protected for 70 years from first publication, or if not published within 50 years of creation the protection will be for 70 years from the end of the calendar year of creation.[17.336/2017 Art.13]
Not protected
See also: Commons:Unprotected works
The common cultural heritage includes.[17.336/2017 Art.11]:
- a) Works whose term of protection has been extinguished;
- b) Work of an unknown author, including the songs, legends, dances and expressions of the folkloric heritage;
- c) Works whose owners waived the protection granted by this law;
- d) Works of foreign authors, domiciled abroad that are not protected by international conventions that Chile subscribes to and ratifies;
- e) Works that were expropriated by the State, unless the law specifies a beneficiary.
Works of common cultural heritage may be used by anyone, provided that paternity and the integrity of the work is respected.
Copyright tags
See also: Commons:Copyright tags
- {{PD-Chile}} – for works in the public domain according to Chilean law (see: Template talk:PD-Chile).
Currency
See also: Commons:Currency
Not OK The Central Bank of Chile holds the intellectual property for the designs of banknotes and coins in circulation, and those designs are registered with the Department of Intellectual Property (N° 115.594). This is expressed in Sections 28 of the Constitutional Organic Act. Publication or reproduction of such designs without the consent of the Bank is prohibited, and subject to criminal and civil sanctions.[17.336/2017 Art.78][3]
Freedom of panorama
See also: Commons:Freedom of panorama
OK for most works permanently located in "squares, avenues and public places." {{FoP-Chile}}- Not OK for copyrighted literary works, as such works are in a separate category – Article 3(1) and (2) – as opposed to lithography (Article 3(7)), finished architectural projects (Article 3(9)), two-dimensional works (Article 3(11)), and three-dimensional works (Article 3(12)).
The Chilean copyright law 17336 provides freedom of panorama for architectural and artistic works:
- The reproduction of architectural works by means of photography, film, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education, is free and is not subject to to remuneration, provided that it is not in a separate, complete or partial collection, without authorization of the author.[17.336/2017 Art.71F]
- Art. 1 Nº 8 Likewise, reproduction through photography.[17.336/2017 Art.71F]
- Drawing or any other procedure, of monuments, statues and, in general, artistic works that permanently adorn squares, avenues and public places, is free and is not subject to remuneration, the publication and sale of the reproductions being lawful.[17.336/2017 Art.71F]
Threshold of originality
See also: Commons:Threshold of originality
Registration in the Intellectual Property Registry generates a "presumption" of copyright in favor of the registrant. Any work may be registered for "presumed" copyright, but Law No. 17.336 clearly states the "presumed" copyright may be contested. That is because, as established in "Astorga Sánchez José / Inversiones C. S. A.", C-2470-2009, 17.° Juzgado Civil de Santiago (28 October 2011), the Intellectual Property Conservator (Conservador) only makes the deposit of the documents into the registry, does not make an examination of their originality, or to determine whether the deposited documents are works or not, and so certificates of intellectual property generated by the Intellectual Property Registry do not establish that a work is new, original or viceversa. The Conservator of Intellectual Property expressed in 2011 it is up to the judicial system "to carry out an originality test to define whether the creation is indeed a particular manifestation of human ingenuity that can be classified as original compared to other equivalent creations, analyzed from a subjective perspective, that is, that the imprint or trace of the author can be perceived, that allows it to stand out from others". Such pronouncement was adhered to by the 17th civil judge of Santiago.[4]
See also
Citations
- ↑ a b Chile Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ LLey N° 17.336 sobre la Propiedad Intelectual (modificada por la Ley N° 21045 del 3 de noviembre de 2017). Chile (2017). Retrieved on 2021-06-30.
- ↑ $CLP Chilean peso. Central Bank Counterfeit Deterrence Group. Retrieved on 2019-01-21.
- ↑ Sentencia nº C-2470-2009, de 17º Juzgado Civil de Santiago, 28 de Octubre de 2011