Commons:Copyright rules by territory/Bolivia
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Copyright rules: Bolivia Shortcut: COM:BOLIVIA | |
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| Durations | |
|---|---|
| Standard | Life 50 years |
| Photograph | Create/publish 50 years |
| Anonymous | Publish 50 years |
| Audiovisual | Create/publish 50 years |
| Collective | Create/publish 50 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags | {{PD-Bolivia}} |
| ISO 3166-1 alpha-3 | BOL |
| Treaties | |
| Berne convention | 4 November 1993 |
| Univ. Copyright Convention | 22 March 1990 |
| WTO member | 12 September 1995 |
| URAA restoration date* | 1 January 1996 |
| *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 Bolivia relevant to uploading works into Wikimedia Commons. Note that any work originating in Bolivia must be in the public domain, or available under a free license, in both Bolivia 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 Bolivia, refer to the relevant laws for clarification.
Background
Bolivia was colonized by the Spanish in the early 16th century. It became independent on 6 August 1825.
Bolivia has been a member of the Universal Copyright Convention since 22 March 1990, the Berne Convention since 4 November 1993 and the World Trade Organization since 12 September 1995.[1] Bolivia is a member of the Andean Community of Nations, and is subject to Decision 351 copyright rules issued by that customs union.[2]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No.1322 of April 13, 1992, on Copyright as the main copyright law enacted by the legislature of Bolivia.[1] WIPO holds the text of this law in their WIPO Lex database.[3]
General rules
Under Law No.1322 of April 13, 1992, on Copyright an author must be a natural person, but the Bolivian state and legal entities may exercise copyright as derived owners. Economic rights in a work may be transferred by contract in whole or part.
- Individual works are protected for 50 years after the death of the author.[1322/1992 Article 18]
- Joint works are protected for 50 years from the death of the last surviving author.[1322/1992 Article 18]
- Economic rights in collective audiovisual and photographic works, phonograms, broadcasting programs and computer or computing programs, shall last 50 years starting from their publication, exhibition, fixation, transmission and utilization, as appropriate, or, if they have not been published, since their creation.[1322/1992 Article 19]
- Anonymous and pseudonymous works are protected for 50 years after publication.[1322/1992 Article 19]
The time limits shall be calculated from the first day of January of the year following the author’s death or that of publication, exhibition, fixation, transmission, utilization or creation, as the case may be.[1322/1992 Article 19]
Folklore and crafts: not free
This Law shall be deemed to protect all those works considered as folklore: the body of literary and artistic works created on the national territory by authors who are unknown or who do not identify themselves and who are presumed to be nationals of the country or members of its ethnic communities and which is passed down from generation to generation, representing one of the fundamental elements of the nation’s traditional cultural heritage.[1322/1992 Article 21] Works of folklore, for the purposes of their utilization as literary and artistic works, shall be considered as works belonging to the national heritage, in accordance with the norms contained in Title XI of this Law, without prejudice to any norms of protection that may be adopted by other State institutions or through international agreements.[1322/1992 Article 22] Crafts and crafts designs shall be protected by the general norms of this Law, especially with regard to three-dimensional arts and the national heritage.[1322/1992 Article 23]
National heritage and public domain: not free
See also: Commons:Paying public domain
The following belong to the National Heritage: Works of folklore and traditional culture by unknown authors; Works whose authors have expressly waived their rights; Works of authors who have passed away without successors or successors in title; Works whose terms of protection as fixed by Articles 18 and 19 have expired; Patriotic and civic hymns and anything that has been taken up by any public or private institution. Foreign works whose term of protection has expired shall belong to the public domain.[1322/1992 Article 58] The utilization in any form or procedure of works from the National Heritage and the public domain shall be free, but anyone using such works for commercial purposes shall pay the State, in accordance with the provisions of the Regulations, a fee based on the fee for utilization of similar works covered by the private protection system.[1322/1992 Article 60] Income from the utilization of National Heritage works shall be earmarked exclusively for the promotion and dissemination of the country’s cultural values.[1322/1992 Article 61]
Copyright tags
See also: Commons:Copyright tags
Currency
See also: Commons:Currency
Unsure According to Article 8 of the Law No.1322 of April 13, 1992, on Copyright: "Only a natural person may be an author; however, the State, public law bodies and moral or legal entities may exercise copyright as derived owners, in accordance with the norms of this Law".[1322/1992 Article 8]
Article 5(i) of Law No. 1322 defines "derived work" as: "Any work arising from the adaptation, translation or other transformation of an original work, provided that it constitutes a separate creation".[1322/1992 Article 5(i)]
The copyright law has provisions giving copyright to the State in national folklore and when Bolivian nationals die without heirs, so it is not clear if the government's right to hold copyright extends to banknotes.
Freedom of panorama
See also: Commons:Freedom of panorama
OK, see Commons:Copyright rules by territory/Andean Community#Freedom of panorama. {{FoP-Bolivia}}.
Law No.1322 of April 13, 1992, on Copyright does not give a freedom of panorama provision. However, Decision 351 of the Andean Community of Nations (of which Bolivia is part of) provides for a freedom of panorama provision.
Stamps
See also: Commons:Stamps
The Law No.1322 of April 13, 1992 on Copyright states that copyright protection expires 50 years after the author's death calculated from 1 January following the year of death.[1322/1992 Article 18]
For "anonymous works ... and in pseudonymous works, the economic rights shall last 50 years after the works have been made known" also calculated from 1 January of the following year.[1322/1992 Article 19]
For stamps published more than 50 years ago (before 1 January 1974) use {{PD-Bolivia}}.
Threshold of originality
See also: Commons:Threshold of originality
See also
Citations
- ↑ a b Bolivia (Plurinational State of) Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Cerda Silva, Alberto J. (2012) Copyright Convergence if the Andean Community of Nations[1], Intellectual Property Law Section of the State Bar of Texas
- ↑ Law No.1322 of April 13, 1992, on Copyright. Bolivia (1992). Retrieved on 2018-11-08.