Copyright
What is copyright?
Copyrights are the exclusive rights that creators of original works have over their creations. These rights are regulated in Argentina by Law No. 11.723. Copyrights are divided into “economic rights” (the rights of reproduction, public communication and transformation of their works) and “moral rights” (paternity and integrity rights of their works).
What can be protected by Copyright?
Literary, clientific and artistic works that are original and that can be reproduced may be protected by copyright. By way of example some of these works mentioned by Law 11. 723 are: “source code and object code computer programs; compilations of data or other materials; dramatic works, musical compositions, dramatic-musical compositions; cinematographic, choreographic and pantomimic works; works of drawing, painting, sculpture, architecture; models and works of art or science applied to commerce or industry; printed matter, plans and maps; plastics, photographs, engravings and phonograms, in summary, every scientific, literary, artistic or didactic production whatever the procedure of reproduction”.
FAQs about Copyright
Copyright arises from the very moment of its creation. It is not necessary to register the work or take any other steps to have copyright over it.
As general rule, copyrights in Argentina remain in force during the author’s lifetime and for 70 years after his death. Notwithstanding the above, for some types of works the duration may vary. For example, copyright in Argentina, on photographic works has a duration of 20 years from the first publication.
In order for a work to be protected by copyright, it must be original (work of own authorship, have author´s imprint) and it must be capable of being reproduced. It is not a requirement to register the work in order to have copyright over it. Copyright arises at the very moment of creation.
Although it is not necessary to register a work in order to obtain copyright thereof, the registration or recordal of works serves to obtain proof of its authorship and the date of its creation.
Using a copyrighted work without the authorization of its owner may constitute an infringement of the owner’s rights and may give rise to legal action by the owner to cease such use and/or to claim damages caused by such illegitimate use.
Our services related to Copyright
Registration of works
We assist with the registration of intellectual works before the National Copyright Office (DNDA). Although not mandatory, registration provides valuable proof of authorship and the date of creation. Requirements vary depending on the type of work. At Legal Core Group, we help ensure that creative works are properly documented and protected under Argentine copyright law.
Agreements
We advise on contracts governing the creation, licensing, or assignment of copyrighted works. These include work-for-hire agreements, publishing agreements, software licenses, and contracts for music or audiovisual production, among others. At Legal Core Group, we draft and review copyright agreements to ensure that rights are clearly defined and that the parties involved are properly protected throughout the use and commercialization of the work.
Actions against Infringement
When a copyrighted work is used without the authorization of its owner, it is possible to file legal actions, such as summons, pre-judicial mediations, precautionary injunctions and/or lawsuits, to prevent the continued use of the work, to preserve evidence and/or to claim damages and losses caused by the illegitimate use.
General Counseling
At Legal Core Group we provide general counseling on the best way to protect, exploit and/or defend copyrights. Depending on the type of work and/or project, it may be possible to protect different aspects thereto. We are available for you to tell us about your projects and help you protect them.