Copyright
Copyright is the State’s recognition for all creators of original literary and artistic works, under which the State grants its protection to the author’s enjoyment of personal and patrimonial exclusive prerogatives and privileges.
The following works are recognized as Copyright by the State:
- Literary;
- Musical (with or without lyrics);
- Dramatic;
- Dance;
- Pictorial or drawings;
- Sculptural and plastic;
- Cartoons and comics;
- Architectonic;
- Films and other audiovisual works;
- Radio and television programs;
- Software;
- Photographic;
- Applied art (including graphic and textile design);
- Collections, such as encyclopedias, anthologies and databases, provided that based on the selection or disposition of their content are considered to be intellectual work.
The Law’s protection begins from the moment in which the work is fixed on a material support, regardless the merit, destination or form of expression.
Neighboring rights
Copyright Law recognizes as neighboring rights the work carried out by:
- Performers (actors, narrators, orators, singers, musicians, dancers, or any other person who performs a literary or artistic work),
- Book editors;
- Phonogram producers;
- Videogram producers;
- Broadcasters.
Reservation of Rights of Exclusive Use
Federal Copyright Law also recognizes the right of any person to use exclusively distinctive titles, names, denominations, and physical and psychological characteristics, or operating characteristics according to their nature, for the following classes:
- Periodic publications: Published in successive parts with a variety of content and aimed to be pursued indefinitely;
- Periodic broadcasting: Broadcast in successive parts with a variety of content and liable to be transmitted;
- Human, fictional or symbolic characters;
- Persons or groups dedicated to artistic activities, and
- Advertising promotions: Consisting of an innovative mechanism aimed to promote or offer goods or services, with the additional incentive for the consumers to obtain other goods or services, in more favorable conditions than those usually offered in commerce. The commercial advertisement is excluded.
