কমন্স:অঞ্চল অনুযায়ী কপিরাইট নিয়মাবলী/পেরু

কপিরাইট নিয়মাবলী: পেরু সংক্ষিপ্ত: COM:পেরু
স্থিতিকাল
মানক	জীবনকাল + ৭০ বছর
আলোকচিত্র	Create + 70 years (disclosure since 1976)
নামবিহীন	Disclosure + 70 years (disclosure since 1981)
অডিওভিজ্যুয়াল	Create/Publish + 70 years (publish since 1971)
সমষ্টিগত	Create/Publish + 70 years (publish since 1971)
সরকার	Pre-1971 works, official or TUPA documents: Public domain Works from Datos Abiertos platform: Free licenses Other works: Copyrighted
Applied art	Industrial and ornamental designs without originality are PD
অন্য
প্যানোরামার স্বাধীনতা	Yes
শর্তাবলী বছরের শেষ পর্যন্ত চলে	হ্যাঁ
সাধারণ লাইসেন্স ট্যাগ	{{PD-old-auto}} {{PD-PE-exempt}} {{FoP-Peru}} {{TOO-Peru}} {{PD-Peru-1961law}} {{PD-Peru-photo}} {{PD-Peru-organization}} {{PD-Peru-anonymous}}
চুক্তি
বার্ন কনভেনশন	২০ আগস্ট ১৯৮৮
সর্বজনীন কপিরাইট কনভেনশন	১৬ অক্টোবর ১৯৬৩
ডব্লিউটিও সদস্য	১ জানুয়ারি ১৯৯৫
ইউআরএএ পুনরুদ্ধারের তারিখ‌ ১	১ জানুয়ারি ১৯৯৬
ডব্লিউআইপিও চুক্তি	৬ মার্চ ২০০২
১‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December ১৯২৮ and protected in the country of origin on the URAA date.
v t e

• Personal or collaborative works: 50 years after of death of last surviving author prior to January 1, 1946.^{[13714/1961 Art. 25]} Posthumous works published before 1966 were protected for a period of at least 30 years.^{[13714/1961 Art. 28]} Moral rights are inalienable and prevail in spouses, children and heirs.^{[13714/1961 Art. 17, 33 and 34]}
• Government and public entities works: 25 years from first publication before 1971.^{[13714/1961 Art. 24]} For a collective work, the named publisher is considered the copyright owner.^{[13714/1961 Art. 8c and 11]}
• Anonymous works: 15 years from first publication before 1981 (if the author is never disclosed).^{[13714/1961 Art. 12 and 30]}

Some works apply rule of the shorter term.^{[13714/1961 Art. 21]} There are special terms of protection for certain creations:

• Photographs: 20 years from first publication without single dependence in a literary or scientific material before 1976,^{[13714/1961 Art. 27]} whether the author is alive or no.^[8] Non-accumulative exclusive rights of circulation for press editorials is for 5 years.^{[13714/196 Art. 44]} If the photographer's name is unknown and no organization is credited, it is considered anonymous work.
• Cinematographic works: 25 years after publication before 1971.^{[13714/1961 Art. 26]} To be protected, the work must contain the name of the natural or legal person, the artistic direction, the authors of the dialogues, the music, the performers and the date of the first public screening.^{[13714/1961 Art. 25]} The producer retains the rights to the work and the term excludes the screenplay, as literary creation, and soundtrack for uses outside the work.^{[13714/1961 Art. 45 and 48]}
• Phonographic neighboring rights: 50 years after of death of the last surviving author prior to January 1, 1946. To be protected, the work must contain the name of the work, the author, the performers, the association, the date, the location of the recording and the company name.^{[13714/1961 Art. 54]}
• Slogans and phrases: "During the time it subsidizes the publication as artwork" with or without music, except that they are common expressions.^{[13714/1961 Art. 31 and 61]} In 1996 law, this type is not protected except if it possess literary or artistic originality qualities,^{[822/1996 Art. 5(j)]} and so they are applied as "trademarks".^[9]

The publication right lasts for 5 years from first publication of unpublished public domain works before 1996.^{[13714/1961 Art. 16]}

১৯৯৬-এর আইনের ভিত্তিতে,

• The standard copyright term based on authors' deaths is life + 70 years.^{[822/1996 Art.52]} The first standard works under this law expired in 2017.
• Collective works, computer programs and audiovisual works are protected for 70 years from publication or 70 years from creation if unpublished.^{[822/1996 Art.54]} The first collective works published under this law will expire in 2041, unless part of the work is attributed to person(s).
• Anonymous works are protected for 70 years after publication (if the author is never disclosed).^{[822/1996 Art.53]} The first anonymous works under this law will expire in 2051.

• Performers' neighboring rights also last until 70 years after the death of the author.^{[822/1996 Art.135]}
• For phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission.^{[822/1996 Art.139.142]}
• Any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time).^{[822/1996 Art.143]}
• Simple photographs are protected for 70 years from realization (creation).^{[822/1996 Art.144]} Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.
• The publication right lasts for 10 years from first publication of unpublished public domain works.^{[822/1996 Art.145]}

আরও দেখুন : Commons:Unprotected works

• The first reference about administrative documents was indicated in years prior to the Lima Principles.^{[757/1991 Art. 22]} In 1992 a expired law explains that an administrative act consists of resolutions between two public entities, oficios (informative reports), governmental property proceedings and the right of petition with public purpose from public entities (therefore, this law excludes internal events).^{[26111/1992 Art. 2(1), updated in 27806/2003 Cap. I]} For recent documents is required to add the source of the entity, since this entity publishes its updated TUPA page for know what documents are considered administrative.^{[27444/2001 Art. 43]}
• In opinion 59-2019-JUS/DGTAIPD any public process contained in State institutional mailings are considered official texts.
• In 2016, the living records from political candidates (hojas de vida) submitted by JNE are published as "open data" and allow "free and open reproduction".
• In 2017, the TUPA forms are considered free reproduction and distribution.^{[Nº 006-2017-JUS Art.163]} This application is mentioned in a municipal resolution for affidavits.
• In opinion 27-2020-JUS/DGTAIPD any public information generated in database from public authorities is open data, even if it was unpulished to the Plataforma de Datos Abiertos unless modified by a third party or containing sensitive information.
• Other original works in TUPA-standard documents would are not in the public domain accourding to the opinion 06-2020-JUS/DGTAIPD, the Ministry of Justice determined for example that the questions contained in the non-free psychological tests used by another State entity may be disseminated if the Administrative decides for copyright reasons. This exception is also referred to as "trade secret".^{[27806/2002 Art. 15]}

আরও দেখুন : কমন্স: কপিরাইট ট্যাগ

• {{PD-old-70}} - For works by authors who died more than 70 years ago if them were died since 1946.
• {{PD-anon-expired}} - For anonymous works made public more than 95 years ago if this one was renewed on the URAA date.
• {{PD-PE-exempt}} - For works exempt from copyright under Peruvian law. Including documents under the TUPA standard.
  • {{PD-PE-signs}} - For reproductions from Manual de Dispositivos de Control de Tránsito Automotor en Calles y Carreteras of road signals, a official document also exempt from copyright under Peruvian law.
  • {{PD-PE-insignia}} - For reproductions from official texts of official insignias (flags, coat of arms and logos), exempt from copyright under Peruvian law.
• {{PD-PCP-SL}} - For works carried out by the Communist Party of Peru-Shining Path. Since it does not have rights to exploit its works outside the territorial legal framework as VRAEM and under an organization that is exempt from obtaining ownership of its works in Peruvian territory, according to the Law of Extinction of Property, the constitution and Art. 30 of DL 822: Indecopi is not legally permitted to protect their "copyright patrimonial rights" them under these criteria. It should be noted that the extinguishment of ownership applies to all "furniture", which in Article 886, paragraph 6 of the Civil Code (as 2018) includes as "furniture" "copyright patrimonial rights".
• {{TOO-Peru}} - For non-original works like simple designs and logotypes.

• According to this guide, except as otherwise indicated, works from Portal Nacional de Datos Abiertos (National Open Data Platform) or another interoperable open data platform are subject to templates: {{ODbL}} or {{PD-because|Per COM:Peru, the file from peruvian administrative acts on their Open Data platform is free of rights.}}.
• Photographic works from Flickr account of the municipality of Miraflores are under CC-BY 2.5 PE. Tagged as {{CC-PE-MunicipalidadMirafloresFlickr}}.

• {{PD-Peru-1961law}} - For peruvian authors died prior to 1946 (or that the rights were not inherited for those who died before 31 December 1965).
• {{PD-Peru-organization}} - For peruvian government and juridical organizations works released prior to 31 December 1970.
• {{PD-Peru-photo}} - For all non-individual photographs disclosed in Peru prior to 31 December 1975 (or created more than 70 years ago in 1996 law).
• {{PD-Peru-anonymous}} for anonymous works prior to 31 December 1980 and no register the name of the author in Registro Nacional de Derecho de Autor 15 years following publication.

আরও দেখুন : Commons:Threshold of originality

• For old pictures taken prior to 31 December 1975 and which were not published within an author's own work  fail to meet the general definition of a "work" under 1961 law (and Article 3.4 of Universal Copyright Convention: "The provisions […] not apply to photographic works […] shall not be less than ten years").^[2] The duration of the photograph was for 20 years after performed its first copy, without the author presenting this in a literary, scientific or documentary work, from January 1 of the following year.^{[13714/1961 Art. 27]} They were not renewed during the URAA date.^{[13714/1961 Art. 27 and 57]} Use {{PD-Peru-photo}}.
• The duration is reduced if the following occurs: when the author did not place the name of the label with the message "Reproduction prohibited" or that the author published in a work without a full name or under an unknown pseudonym.^{[13714/1961 Art. 58]} The duration of anonymous works prior to 31 December 1980 was 15 years after publication and expired on 1 January 1996. They were not renewed during the URAA date. Use {{PD-Peru-anonymous}}.
• If they were used in literary or scientific works, they were documentary works or are reproductions of artistic material "of private domain", and the author died before 1946 (of before 1966 if someone had no family heirs), the law considers the photographs as the author's work (life + 30/50 years).^[2] In the case of collective works, the date is considered to be the last survivor. If they died after 1947, they are protected by the current law. Use {{PD-Peru-1961law}}.

• The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".^{[822/1996 Art.2(17)]} Simple photographs taken or disclosed since 1976 are those which  fail to meet the general definition of a "work" and only receive neighbouring rights,^{[822/1996 Art.144]} but works above this threshold will receive standard protection (life + 70 years, see below).
• The Court of Indecopi believes that originality in a photograph should be limited to the originality of any work, requirements to protect against plagiarism. According to article 3.c of the Regulation of Inscriptions in the Registry National Copyright Act, provides that "no may be subject to registration the photographs that are limited to simple reproductions of people, of things, or of objects already existing or showing a mere documentary character [...] photography to be a work can not constitute only a simple reproduction of already existing objects".^[20]
• Derecho PUCP journal explains examples of highly distinguishable events that surpass the threshold of originality: creative use of lights, unique moment, transmission of a message in their work and the photographer's personality. Below these and other criteria, simple photographs are legislated under Legislative Decree 1044 on unfair competition.^[31]

Examples for photographs under 1961 law:

• 
  Photography within an advertisement not considered "literary work". Image protection expired in 1988. It also can't be protected in the 1996 law. See UR.
• 
  Photography taken in 1973 for a sports magazine. Because this is a journalistic assignment for an organization, the photograph remained protected for 20 years until its expiration in 1993. It also can't be protected in the 1996 law. See DR.

Examples for photographs under 1996 law:

• In 2002 the Court considered two images of household appliances as below of threshold of originality due to the lack of creative evidence, despite they are in a catalog with individuality. See Resolution No 354-2002/TPI-INDECOPI.^[32]
• Also, in 2002 the Court ruled that a magazine photograph of Skándalo boy band in ordinary dress and solid-colored background receives related rights-only because it lacks individuality. See Resolution No 378-2002/TPI-INDECOPI, Alomi Producciones S.A.C. v Karinto S.A p.13.^[20]
• In 2007 the Court justified a photograph of gift box for a web catalog as original work because of its shade selection and during the editing process it carried meticulous details, specifically the colored shade artificially created. See Resolution No 1263-2007/TPI-INDECOPI, Enrique Capella v Grupo Americano de Comercio S.A.C. and Citybank del Perú S.A p.4.^[33]
• In 2008 the court determined that press snapshots of sporting, political or weather events lack originality for lack of prior preparation in their production. See Resolution No 2521-2008/TPI-Indecopi, Agencia Efe S.A. v Las Rosas Editorial S.A.C.
• In 2012 the Court concluded that non-artistic techniques of photographs are not protectable (for example, scanning). See Resolution No 059-2012/TPI-Indecopi and Indecopi (2015), p.75.^[9]
• In 2013 Indecopi deduced that a promotional photograph of a model wearing clothes of a textile company does bear originality due to the framing, focus and composition to highlight her outfit. See Resolution No 0384-2013/CDA-INDECOPI, Peruvian Connection Ltd. v SENATI p. 9 and 10.^[34]
• In 2021 the criteria for originality of photographs were simplified to three points: transmittable, framed and lighting that shows their personality. Between pages 77 and 82 of this resolution the court evident that press photographs from Hildebrandt en sus trece magazine do carry originality because they focus on the gestures of the photographed and the depth of the camera. See Resolution No 0096-2021/TPI-INDECOPI, Plutón Editores S.A.C. v DP Comunicaciones S.A.C..

• 
  Telefónica v Deutsche Telekom (Resolución N° 1127-1998/TPI-INDECOPI)^[9]: "It's not possible to grant a monopoly on this letter in favour of a single holder".
• 
  Agrotrade S.R.LTDA. v Infutecsa E.I.R.L. (Resolución Nº 0286-1998/TPI-INDECOPI)^[9]: "When it is certain that a creation lacks individuality and has been copied verbatim, it does not make it a work".
• 
  Resolución Nº 1370-2011/TPI-INDECOPI: "Although it is not a common typeface and may eventually show some differences with respect to the classic graph, this is not sufficient to consider that the work is protected by copyright".
• 
  Resolución Nº 0366-2011-TPI-INDECOPI: "The title of the poster consists of a sentence without creativity and directly informs and announces the content of the event".
• 
  Corporación Oro Verde S.A.C. v Industrias Alimenticias Cusco S.A. (Resolución Nº 008-2008/CDA-INDECOPI): "The borders with Inca motifs and the typeface used to represent the word "CUSCO" do not meet the requirement of originality sufficient to be considered an artistic work".
• 
  Carga Máxima v Del Barrio and Compañía Peruana de Radiodifusión (Resolución Nº 0209-2019/CDA-INDECOPI): the court determined that the "squeaky font style" from Chicha posters for this logo is not original due to its common usage.
• 
  Resolución N° 0546-2005/TPI-INDECOPI: In the "drawing", they bear the texts and the crown of the Statue of Liberty, which lack individuality.
• 
  Resolución N° 0698-2014/TPI-INDECOPI: "The fact that [...] the exclamation mark is written in an irregular form and that each letter or sign has a different color, [does not] determine that such characteristics endow the design applied for registration with the features of originality required by the norm to provide it with protection as a work".
• 
  Resolución Nº 1194-2017/TPI-INDECOPI: "The Court notes that there are no original elements, since they are figures that do not present any particularity, which have been reproduced in the usual manner, without any element having been included".
• 
  Resolución Nº 1192-2017/TPI-INDECOPI (see Resolución Nº 1194-2017/TPI-INDECOPI).
• 
  Resolución N° 4301-2015/TPI-INDECOPI: "These are ornamental elements that lack originality, since the same or similar ones are being used by different people and companies to identify".
• 
  Empresas Luc-Chetti S.A. v Molinoitalia S.A. y Pragma DePublicidad S.A. (Resolución Nº 074-2000/TPI-INDECOPI): "[...] although musical works comprise melody, harmony and rhythm; exclusive rights to the melody can only be acquired".^[37]
• 
  Resolución Nº 211-94-DA-INDECOPI: "la protección [...] no abarca la ordenación alfabética de usuarios que contiene [la guía telefónica]"
• 
  Far from fiction, Duff is an element that individually lacks the protection of a work of art. Subsequently, Fox managed to obtain identification characteristics to be registered as beer trademark (Resolución Nº 1508-2009/TPI-INDECOPI).^[38]
• 
  Resolución N° 2418-2009/TPI-INDECOPI: While the angle of the handle to the horizontal line or the depth of the concave part of the teaspoon [is slightly different] from the standard shape [...] the object is not an original work, due to the common form of others teaspoons.^[39]
• 
  Resolución N° 0184-2008/TPI-INDECOPI: The miniature representation of Machu Picchu in plastic material cannot be granted as an original work, because its registration would prohibit people create other miniature versions of the citadel.^[39]
• 
  Resolución Nº 1645-2007/TPI-INDECOPI: "The elaboration of a [portable stage] (similar to this image) may have meant an intellectual effort on the part of its creator, but it does not have enough characteristics to be considered a work of [3D] art, since it consists of a simple arrangement of removable panels in the form of a screen".
• 
  Resolución Nº 0148-2008/TPI-INDECOPI: "However, the Court considers that allowing protection to a design composed exclusively of figures or designs in the public domain, such as the Inca chakana, would mean for no other person to be able to use such designs belonging to the common cultural heritage".
• 
  Resolución Nº 0083-2011/DDA-INDECOPI does not consider protection to use of Tumi with common text.
• 
  A newsline that is not subject to copyright protection but the image, also not considered a work of authorship, is subject to related protection for 70 years post-creation.
• 
  Resolución N° 0082-2023/TPI-INDECOPI: "The additional elements that appear on the images (e.g. rectangles containing phrases or expressions) also do not present particular features that denote a minimum of originality, so they cannot be protected by copyright"

আরও দেখুন : কমন্স:মুদ্রা

১৯৭১-এর আগে

OK The old peruvian sol is out of circulation, most of designs were created before 1971.^[40] The reverse side with the coat of arms was created in 1825.^{[D. L. 11323/1950]} Use {{Peruvian currency}}.

১৯৭১ থেকে ১৯৯১-এর মধ্যে

 Unclear There is not enough information regarding the copyright status of this. If the design was published anonymously before 1981, use {{Peruvian currency}}.

১৯৯১-এর পরে

 ঠিক না Peruvian currency sol is not exempted from copyright.^{[822/1996 Art.9]} In fact, the BCRP considers it to be a work of art but not a government "official work". Therefore, its design and art of the bill is subject to copyright in Peru and prohibits any free reproduction.^[41] Law 26714, Article 256, prohibits reproducing bills and coins and distributing them for advertising or similar purposes in such a way as to create confusion or cause the reproductions to be used by third parties as if they were genuine currency.^[42]

আরও দেখুন : Commons:Cheque

আরও দেখুন : Commons:De minimis

• Media for private use, non-profit educative events or extracts of musical works in official events.^{[822/1996 Art.41(a, b and c)]} In other words, the sentence is equivalent to Fair use and is unacceptable to upload in Commons.
• Broadcasting of well-known quotations and current events in any media.^[43] "The exception provided [...] shall be interpreted restrictively, and may not be applied to cases that are contrary to proper practice".^{[822/1996 Art. 44-45, 50 and Decision 351 Art. 22]}

Don't be an object of intelligent plagiarism ("plagio inteligente", also referred in Article 217c of the Penal Code, 2007):

• • Parodies: Allowed within the legal basis.^{[822/1996 Art. 49]} Resolution No. 0864-2007/TPI-INDECOPI (also No. 4372-2013/TPI-INDECOPI) pointed out that the work is a infringement if the design adopts similarities or derivations from another without the parody intention (ordinary or substantial plagiarism). Best example is the 2008 TV series Magnolia Merino, which complies with the concept of parody when deals with a subject of public interest from other artistic point of view with excerpts based on the scenario, impersonation and musicalization of Magaly TeVe (see Resolution No. 3251–2010/SC1-INDECOPI).^[44]
  • Incidental: In APSAV v. Arkinka S.A. (Anuario Andino 19 August 2004, based on Resolution No. 243-2001/ODA-INDECOPI) the limitation of the use of third parties works has been applied when "the appearance within the work should be incidental". Freedom of panorama is also mentioned and justified in both Decision 351 and DL 822 with the term "public places" such as "public museums".^[45]

আরও দেখুন : কমন্স:বিস্তৃত দৃশ্যের স্বাধীনতা

ঠিক আছে {{FoP-Peru}} ১৯৯৬-এর আইনের ভিত্তিতে,

• The following shall be permitted without the author’s consent: ... the reproduction of a work of art on permanent display in a street, square or other public place, or that of the outer façade of a building, where it is done in an art form different from that used for the making of the original, provided that the name of the author, if known, the title of the work, if any, and the place in which it is located are specified.^{[822/1996 Art.43(e)]}
• In all the cases specified in this Article, any use of works that competes with the author's exclusive right to exploit their work shall be equivalent to unlawful use.^{[822/1996 Art.43 (endnote)]} Outside the copyright law, is illegal use to take economic advantage for others or not to attribute the author of the work.^{[29263/2003 Art.1(218)]}

টীকা:

• Resolutions No 0372-2006-TPI-INDECOPI and 0760-2010-TPI-INDECOPI (El Comercio v APSAV) specifies the situations in which the work may be legitimately reproduced for acts of exhibition. A "public place" (like MVCS: "bien de dominio público", with exceptions for "dominio privado estatal", see Works by the Peruvian Government)^{[29151/1991, updated in D.S. 008-2021-VIVIENDA Art. 3.3.2][46]} is an internal or external location that is permanently available to the public including museums. The freedom of panorama applies even to artistic works: the "permanent" status is not lost to works that have been relocated from one public place to another public place or that are in the process of temporary closure for maintenance. The places declared as cultural heritage, even if they were abandoned or never discovered, are property of the Peruvian State and match the definitions previously mentioned.^{[28296/2008 Title I, Art. 2, 5 and 11]}
• Previously, the 1961 law allowed the freedom of panorama for artistic and architectural works, regardless of their legal validity, in public places. There is no mention if the work must be "permanently accessible".^{[13714/1961 Art. 72 and 74]} During the government of Alberto Fujimori, the concept of "public spaces" expands in heavy attended interiors from public institutions, free areas in private institutions and mass transport.^{[25357/1991 Art.2]} In the case of museums, the audiovisual reproduction in newspapers, television channels and movies of works acquired inside the place is also allowed. But, should be noted that these reproductions are "copies of a work" with name of its author, for the copyrighted work itself cannot be used for trade.^{[13714/1961 Art. 73]}
• Copyright protection of architectural works expire 70 p.m.a of their original designer. However, for clarification, if the architectural work was inaugurated before 1960 and never attributed by any author, this lacks coverage by recent copyright laws to protect it because limitations from 1849 law that buildings are not designate as works of art.^{[13714/1961 Art. 7(ll) and 153]} The freedom of panorama is applied in Art. 37 and 38 of the Intellectual Property Code of the Peruvian Association of Architects with condition that "the works are open to the public", even indoors unless strictly reserved by their author.^[47]

আরও দেখুন : কমন্স:ডাকটিকিট

১৯৭১-এর আগে তৈরি ডাকটিকিট

Some stamps were created by Casa de Correos y Telégrafos, today Ministry of Transport and Communications-owned Servicios Postales del Perú (Serpost). In Law No. 13714 of 1961, works by the government had a duration of 25 years and its copyright expired before 1996.

For stamps created by the Government and published before 1971 use {{PD-Peru-organization}}, for other works use {{PD-old-auto}} where applicable.

Stamps created since 1971

The basic law on copyright in Peru is contained in Legislative Decree No. 822 of April 23, 1996. There is no special mention of stamps in this law as "official work".^{[822/1996 Art.9]} Copyright lasts for 70 years from death, calculated from the 1 January following the year of death, or for 70 years from the year of disclosure for anonymous and pseudonymous works.^{[822/1996 Art.52–53]}

আরও দেখুন : Commons:When to use the PD-signature tag

আরও দেখুন : Commons:Commissioned works

Law No. 13714 established the State or organizations as the owner of the works created under commission or employment contract. DL 822 completely loses the transfer of the patrimonial owner, but article 16 of 1996 copyright law establish certain rights to the commissioner (whether natural or juridical person) such as the exclusivity of disclosure of the work or the moral rights of the authors (see Resolución Nº 0127-2008/CDA-INDECOPI pages 11-12).

• Article 21 of Decision 351 [of the Andean Community] (1993): "The limitations and exceptions to copyright established in the [legislation of Peru] will be circumscribed to cases which do not conflict with the normal exploitation of the works nor resulting unjustified prejudice to legitimate interests of the owner or owners of the rights".
  • This rule is a regional adaptation of Article 18 of Berne Convention (works that were published before 1988 under Universal Copyright Convention and whose copyright expired before 1996 do not enjoy this benefit either)
  • Works that expired under the article 62 of the previous Peruvian law no longer enjoy the rights of collective recognition of the Andean Community. See also Retroactivity of AC countries.
  • Also, if the work of a Peruvian organization was published between 1968 and 1970, it went safely into the public domain in other countries because the expiration of extended protection of 50 years after publication for Andean Community members (Art. 19 and 59), The United States is not part of this community. Similar case for the authors died between 1963 and 1965 and left only assignments. Because they are part of the international community, the members could extend the duration of copyright in their country to pass the URAA date, so this should be taken into consideration in works when employing co-productions with those countries.
  • See also Resolution 489 (19 March 2001), Fábrica de Tejidos Santa Catalina S.A. requested protection of its design to Ecuador because it's published in 1969 and public domain since 1994 in its original country Peru, as a result, the design maintained its protection in Ecuador because in that country it had previously standardized its laws to be compatible with AC laws (in 1994, the 1976 law remained in force, with a protection period of up to 50 years).
• ২৯৪৭৭ নং আইন (২০০৯)-এর ৭ম অনুচ্ছেদ^[49]
  • This refers to the Article 103 of the Political Constitution of 1993: "No law has force or retroactive effect, except in criminal terms, when it favors the defendant". (see Law 27454, and section "Aplicación de la ley en el tiempo" from article "SIBARITA S.A. vs AJINOMOTO DEL PERÚ S.A. (1998)" in Indecopi (2015), p. 63).^[9][50] While criminal violations are usually "retroactive" (such as applying criminal penalties in favor of the copyright author), the protection does not have a "retroactive" effect for works expired by the old law, so the "public domain" status will remain in new laws.^[51]
  • The number of the old copyright law is mentioned in Article 1.
• Article III of Preliminary Title of Civil Code of Peru (established in 1984 under D.L. 195, updated in 2020)^[9]
  • Aplicación de la ley en el tiempo: "The law applies to the consequences of existing juridic connections and situations. Has no retroactive force or effect, except for those set forth in the Political Constitution of Peru".
  • According to Coca Guzmán, 2020, some cases ("casaciones") were cited in which the principle of irretroactivity is applied. In order for the previous law to maintain the public domain status, the "theory of the accomplished facts" ("teoría de los hechos cumplidos") that will prevent the new law revoking their expiration before its day of coming into force is applied.^[52]

• Peru
• Category:Peruvian FOP cases
• Category:Stamps of Peru
• Commons:Copyright rules by territory/Andean Community

1. ↑ The 1849 Law does not extend protection to unpublished works created by the original author who died before November 1931, years before the country enters the Universal Copyright Convention, and "all [its] works go into the public domain".^{[1849 Art. 9]} The duration of commercial exploitation (pre-copyright) was 20 years post mortem, extended to 30 in the case of holders with the Supreme Resolution N° 033-1915. This law only mentions the recognition of unpublished works for 30 years.^{[1849 Art. 4]} However, no conditions are set for "undisclosed works". The Supreme Resolution N° 033-1915 and 1849 Law were abolished by the 1961 law.^{[13714/1961 Art. 159][17]}
2. ↑ The 1961 law extended the duration of those works governed by the 1849 law (20 years) and the Supreme Resolution N° 033-1915 (30 years) for 50 years. They entered the public domain before 1991.^{[13714/1961 Art. 153]}
3. ↑ There is no term of protection for posthumous works in the 1996 law. However, the transitional provision retains protection for 30 years after publication under the 1961 Law and no subject to the URAA. If the work was published after 1996, it is only protected for 5 years.
   In unpublished works with testament, the heirs have the option of: keeping unpublished for a maximum of 100 years or publish under a pseudonym. However, in the 1984 civil code, the term of protection for unpublished works was reduced to 50 years.^{[13714/1961 Art. 34c; 822/1996 Art. 27, 52 and 145; see also DL 195 Art. 1 for CC of 1984][17]}
4. ↑ In the event that the author died between 1946 and 1965 and also its work was published prior to 1965 and some case that someone did not carry a legacy (heirs and assignments) before 1986 (modification of Art. 21), its orphan work is in the public domain (1996), no URAA-renewable. The requirement is to prove that them has no inheritance (for example, via OTRS or web link). If this condition is satisfied, the work will be tagged with the corresponding template {{PD-Peru-1961law}}.
5. ↑

   Clarifications:

   • For Journalistic or encyclopedic works the publication rights pass to the editorial (legal person) if it did not identify the actual author of the writing.^{[13714/1961 Art. 44]} This adds to pictures of a documentary nature, but excludes simple photographs, see the corresponding section. For recent works under 1996 law, no longer uses the term "legal person" and the equivalent term is "collective works": "the one that consists of the meeting of different productions or fragments without agreement or collaboration between their respective authors".

   Frames and non-individual production from films published before 1970 entered to public domain before 1996. For works created individually as scripts and scores the protection is autonomous. Significantly, the repealed law explicitly mentions cinematographic works as artistic works, while radio and television, omitted in its articles, were considered as journalistic works on the 1963 Printing Law (no longer in force).^{[14367/1963 Art. 1.2][18]} From 1971, copyright protection of films, television and radio media extends to 70 years under 1996 law, that explicitly mentions as audiovisual works.

   • Sound recordings receive another type of protection in United States that does not validate uploading to Commons if published after 1925 (see also CLASSICS Act). On the Peruvian 1961 law, the phonographic rights are limited to musical compositions by the author (life plus 50 years, if died before 1946).^{[13714/1961 Art. 50-51]} Under 1996 law, two new sections are used: the artist moral rights (life plus 70 years) and the production rights (publication plus 70 years).^{[822/1996 Art. 135 and 139]}
   • Organizations must be registered as entities at least in the public records under the reglaments of 1936 ("Registration Regulations"), 1966 ("General Regulations of the Public Registries") or their equivalents .^{[13714/1961 Art. 9]} Non-registered organizations as Sendero Luminoso are not valid for this protection. Consequently, these are anonymous works.^{[13714/1961 Art. 44]} Under the 1996 law, this rule is no longer required.
   • Official texts: Art. 64 of the 1961 law provides that documents published by State authorities are not protected (see also Excluded from protection). The reliable reproduction must be attributed. The 1996 law considers the following as legislative, administrative or judicial subject. While laws, regulations, decrees and judgments are within the scope of this classification, administrative texts based on all public works of national and local authorities under TUPA standard are also within the scope (see also Works by the Peruvian Government).^[19]
6. ↑

   In order to have the effect of 20 years under articles 56-59 of 1961 law, the name of author, the date of printed negative and the visible "Not for Reproduction"-like text were necessary for old photos.^{[13714/1961 Art. 58]} Photojournalism, receives copyright protection for 5 years from the date of disclosure for the publisher.^{[13714/196 Art. 44]} For organizational photos, except of documentaries, the transfer does not extend the term.^{[13714/196 Art. 57a]} The owner of its negative is transferable (whether individual or organization),^{[13714/196 Art. 59]} but for anonymous works – which are not visible the name of author and "Not for Reproduction" text – is suggested to use the corresponding template. To be protected for 70 years post-creation, the photograph had to be shared for the first time after 1976 regardless of the author's name.

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