Copyrights

What is Copyright?
Copyright is the group of norms for the protection of an author and his work in reference to the recognition of the author’s quality, his entitlement to oppose to any change of his work without his consent, as well as the use or temporal work exploitation by himself or by third persons.

Legal Framework

Law N° 1.328/98 and its regulatory decree Nº 5.159/99 - 13/09/99 protect Copyrights and Related Rights.

Why should a work be registered?

To count with the most favorable element to obtain the necessary juridical protection to prevent copyright infringement by third parties. The registry, in accordance with our legislation, is merely declarative and not constitutive, and consequently its omission does not prejudice the enjoyment or exercise of the rights recognized by the present law. Nevertheless, the registry will be admitted as a conclusive preliminary evidence of the facts and acts therein, unless there is conflicting evidence.

The National Copyright Office

The National Copyright Office will take care of the National Copyright and Related Rights Registry. This Registry replaces any other existing under previous legislation and registers works of ingenuity and other intellectual rights protected by this law, as well as agreements or contracts that in any way grant, modify, transmit, tax or extinguish patrimonial rights, or through which modifications to the ingenuity works are registered. The Registry is merely declarative and not constitutive, and consequently its omission does not prejudice the enjoyment or exercise of the rights recognized in Law N° 1.328/98.

Procedures for registration

The Registry of the National Copyright Office is public, and any interested person requesting it in written form, may have access to it in either its tangible or digital form.

The filing of an application should be done by the interested party in written form, with all the data required to the effect, or by his representative by simple letter of attorney attached to his application. The applicant will set legal residence at the time of filing an application. To that effect pertinent forms will be provided.

The procedure is as follows:

1. The application for registration of works must be filed at the National Copyright Office. (The mode of presentation will depend on the type of work to be registered.)
   
2. Fill out and sign the application for registry in accordance with the type of work to be registered.
   
3. Attach your Identity Card photocopy.
   
4. An entry number will be assigned to your application at the Entry Desk. This number matches the number of the filed application on the dossier.
   
5. The applicant will receive supporting documentation such as a “Voucher of Registry” containing work data.
   
6. Upon issuance of a “Publication Order” the applicant will take it to a newspaper with great issue, for its publication for three consecutive days.
   
7. After 30 working days since the date of the last publication, and in absence of oppositions turned up for that lapse of time, a registry title will be issued by the National Copyright Office.

Registry may be requested by:

• The author or any coauthors of the work, or his representative by simple letter of attorney.
  
• The producer, director or executant of the audiovisual, phonographic or software work.
  
• The editor, when the work has not been registered.
  
• Work interpreters-performers on its interpretation.
  
• Management entities and legal representatives of Intellectual Property right title holders with expressed delegation of authority of same.
  
• Translators, that in any way, with duly authorization refund and adapt existing works with new works and resultants.
  
• Those who have obtained a registry abroad and would like to renew such registry.
  
• The registration application for assignment or transfer of rights, the opposition to same and the title holder and/or agent/representative registration application, in reference to collective works should have a written approval of the rest of coauthors, in forms provided by the National Copyright Office.

What works are registered?

• Works expressed in written form, by means of books, magazines, brochures or other written materials, any other forms expressed through letters, signs, or conventional marks.
  
• Oral works, such as conferences, lectures and sermons; didactic explanations and others of a similar nature.
  
• Musical compositions, with or without lyrics.
  
• Drama works and dramatic-musical works.
  
• Choreographic and pantomimic works.
  
• Audiovisual works, including cinematographic works, made or expressed by any means or procedures.
  
• Radiobroadcast works.
  
• Plastic arts works, including drawings, paintings, sculptures, engravings and lithographic works.
  
• Blueprints and works of architecture.
  
• Photographic works and those expressed by means of a process similar to photography.
  
• Applied-arts work.
  
• Illustrations, maps, diagrams, plans (blueprints) and plastic works related to geography, topography, architecture or the sciences.
  
• Computer programs (software)
  
• Collection of works, such as encyclopedias and anthologies of works or other elements, such as data banks, provided that said collections are original with regard to selection, coordination and forms given to their contents.
  
• In general, any other works produced by intellect in the literary, artistic or scientific fields, that possess originality and are susceptible of being divulged or reproduced by any means or process, whether is currently known or should become known.

Is anything else registered?

• Pseudonyms (only accompanied by works).
  
• Contracts or documents that in any way modify, tax or extinguish the author’s patrimonial rights.
  
• Powers granted by authors, artists, interpreters or performers to the authors’ societies.

Requirements for each type of work

When an application for registry is filed for a work expressed in written form, the applicant will make a statement, dated and signed, with the following data:

• Work title.
  
• Work nature.
  
• Name or pseudonym of author, editor or publisher.
  
• Place and date of disclosure.
  
• Place and date of creation.
  
• Number of volumes, size and number of pages; number of copies of the edition.
  
• Date in which the edition finished.
  
• For audiovisual works, in general, it should be deposited as many photographs as major scenes the work has, in order that, jointly with the narrative of the plot, dialogues and music, it may be possible to determine if the work is an original work. Likewise, the name of the producer, the script, the names of the musical composers and major artists, and the duration of the work should also be indicated.
  
• For plastic and photographical arts works, a narrative of them should be presented together with a photograph or copy. In cases of sculptures, the work should be accompanied by photographs of same taken front and profile.
  
• In cases of “applied art” such as models and arts or science works applied to industry, a copy or photograph of the model or the work should be deposited accompanied by a written narrative of the characteristics or details that are not readily visible in the copies or photographs.
  
• For illustrations, plans, architectural works, maps, and plastic works related to geography, topography, architecture or the sciences, the procedures will be similar to those mentioned in the previous paragraph.
  
• For not printed dramatic or musical works, a copy of the work manuscript must be deposited with the certified signature of the author, coauthors o authorized representatives.
  
• For computer programs (software) or data base which are commercially exploited or through their transmission from a distance, extracts of their content and a written narrative of their structure, organization and major characteristics must be deposited to prompt –under the applicant’s criteria and risk— the sufficient individualization of the work. To register an unpublished computer program (software) or data base, the applicant will present a sealed and signed envelope containing the work expressions that he considers fit and sufficient for the identification of his creation and to guarantee the confidentiality of its secret information.
  
• When it concerns to translations into Spanish or Guarani, it is necessary to register in the pertinent book, together with the work, the authorization contract or its legalized copy. In this case the applicant is responsible of the authenticity of the documents. If translations from other languages into Spanish or Guarani are involved, they will be legalized in accordance with agreements in force.
  
• The authors, publishers or legal representatives of any published printed work, of national or foreign origin, will make the deposit by presenting four (4) complete copies of the work, within three months of its appearance. Two copies will be destined to the National Library Active Fund for readers’ use.
  
• For unpublished works, it is only required the presentation of one copy, provided that all amendments and scrapings are saved.
  
• Upon compliance with the filing process the dossier will be forwarded to the pertinent section of the Registry to proceed with the examination of documents to see that formalities have been met. Once the examination has been approved a notice will be published in a newspaper with wide national circulation for three (3) working days, from an extract that contains the title, author, species and further essential data to distinguish the works whose registry have been requested.
  
• The term for filing oppositions is 30 working days starting with the date of last publication of the notice. If in that lapse of time no opposition has turned up, the Registry section will proceed with the technical examination, without detriment of searching for evidences and informed opinion on the viability of the Registry.

What other services are provided by the National Copyright Office?

• Legal inquiries.
  
• Conciliation proceedings.
  
• Arbitration proceedings.
  
• Public domain.
  
• Copies deposit.
  
• Information on work ownership.
  
• Provide direct information by telephone or mail on proceedings and services.
  
• Bibliographic consultation on copyright for interested individuals.
  
• Guide, coordinate and monitor the implementation of international laws, treaties and agreements signed by the Republic regarding copyrights and other rights recognized by Law No. 12328/98, and monitor compliance with same.
  
• Authorize the operation of agencies for the collective management of rights and monitor their representational activities, in accordance with the provisions of Law N° 1.328/98.
  
• Manage funds originated in fees for the use of works and other productions that have become public domain or part of the State patrimony.
  
• File civil and criminal lawsuits in the name of, and representation of the State regarding the enjoyment and exercise of the rights recognized by law, to this effect the Office may act by proxy.
  
• Answer questions presented by judges regarding controversies over matters related to Law N° 1.328/98.
  
• Establish fees for the use of works and other productions that become public domain or part of the State patrimony.
  
• Resolve, within 90 (ninety) days, the oppositions to the registration of a work, interpretation or production of a work, in accordance with the provisions of Law N° 1.328/98.
  
• Apply either ex officio or upon request by the parties, the sanctions that fall under its competence in accordance with the law.
  
• Develop programs related to the dissemination and training of personnel in matters regarding copyrights and other related rights, and other intellectual rights recognized by law; organize a Center for Research and Study in said matters.
  
• Administer a registry for the filing of bylaws of agencies for collective management of the rights regulated by law, as well as for the filing of subsequent changes in said bylaws.
  
• Dictate its own internal regulations.