Uruguay: New Copyrights Act
- Uruguay
- 01/31/2003
- Estudio Bergstein
As per Law No. 17.616 of January 10, 2003 (“the Copyrights Act”), the Uruguayan Congress introduced a series of modifications to the existing intellectual property regime, which dates back to 1937 and which remains in force, with the amendments recently introduced.
The 1937 Act protected the right of the author over its creation and applied to works in the literary, scientific, and artistic fields. It recognized the author’s ownership over the creation of his thought, science or art. The Copyrights Act specifically includes in the protection scope the rights of artists and performers, as well as the phonogram producers and broadcasting organizations. Software products and data bases are specifically protected.
The Copyrights Act provides that the rights it recognizes are independent of the ownership of the material/physical object to which the work is incorporated. The benefit of such rights is not subject to any formality or registry.
Protection term applies during the lifetime of the author and, after his/her death, for his heirs and legatees for 50 years (counted as of January 1 of the year following the death of the author). In case of anonymous or pseudonymous works, the protection term will be 50 years as from the time the work was lawfully made accessible to the public. In case of collective works, the patrimonial rights are extinguished 50 years after the first publication.
It is especially contemplated that whenever software or data bases are created within the framework of a labor relationship (whether public or private) whose scope is similar to the creation, it is presumed that the author unlimitedly and exclusively transferred the employer the patrimonial rights as well as the moral rights, unless otherwise expressly agreed.
The Copyrights Act also governs the criminal liability arising from copyrights’ infringements. The undue reproduction, sale, distribution or deposit (of a published or unpublished work) without author’s written authorization — with the purpose of making profit or causing an unjustified damage —, will be punished with a minimum of 3 month of imprisonment. To the same punishment are subject those who manufacture, import, sell, lease or circulate devices or products, parts or tools or render any type of services with the aim of avoiding, eliminating, eluding, etc. the technical devices placed by legitimate owners in order to protect their rights.
Competent courts will also rule the confiscation and destruction of the unlawful copies, and their illegal packing.
Those who, without the purpose of making profit or causing an unjustified damage, reproduce or have reproduced, through any means or procedures, a work, performance, phonogram or broadcast without the written approval of the owner, will be punished with a fine.
Anyone damaged by copyrights infringement acts is entitled to initiate civil actions to (i) obtain the cease of the unlawful activity, (ii) seek an indemnification for damages and (iii) obtain the imposition of a fine.
The National Library (Biblioteca Nacional) shall keep a copyrights registry. Registration is not mandatory, and non-registration does not affect the full benefit of the rights established as per the Copyrights Act.
The “Copyrights Council” (“Consejo de Derechos de Autor”) is the authority in charge of ruling any disputes arising in connection with the works whose registration is applied for.
Intellectual property patrimonial rights may be freely transferred by any legal means. Such agreements must be filed with the registry in order to be make them effective vis-à-vis third-parties. Certain moral rights may not be transferred, such as the right to be cited as author in every publication, etc.
