Commons:Copyright rules by territory/El Salvador
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Copyright rules: El Salvador Shortcut: COM:EL SALVADOR | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Other | |
| Freedom of panorama | For exterior architecture and most types of public art |
| Common licence tags | {{PD-old-auto}} |
| ISO 3166-1 alpha-3 | SLV |
| Treaties | |
| Berne convention | 19 February 1994 |
| Univ. Copyright Convention | 29 March 1979 |
| WTO member | 7 May 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *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 El Salvador relevant to uploading works into Wikimedia Commons. Note that any work originating in El Salvador must be in the public domain, or available under a free license, in both El Salvador 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 El Salvador, refer to the relevant laws for clarification.
Background
El Salvador was colonized by Spain in the early 16th century. It became independent in 1821, apart from periods when it was part of the First Mexican Empire (1821–23), Federal Republic of Central America (1823–41) and Greater Republic of Central America (1895–98).
El Salvador has been a member of the Universal Copyright Convention since 29 March 1979, the Berne Convention since 19 February 1994, the World Trade Organization since 7 May 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017) as the main IP law enacted by the legislature of El Salvador.[1] WIPO holds the text of this law in their WIPO Lex database.[2] It supersedes the Legislative Decree No. 604 of 15 July 1993.[2] WIPO also holds a copy on the 1993 law.[3]
General rules
According to the Law on Intellectual Property as amended up to February 15, 2017,
- Protection when the author is a natural person applies during the life of the author and 70 years from the day of his death.[2017 Article 86(a)]
- For joint authorship, protection lasts for 70 years from the death of the last surviving co-author.[2017 Article 86(a)]
- For anonymous or pseudonymous works, protection lasts for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(b)]
- When protection is not based on the author's life, the period will be for 70 years from 1 January after the year of first public disclosure.[2017 Article 86(c)] If there is no authorized disclosure in the 50 years after creation, the period will be for 70 years from 1 January after the year of creation.[2017 Article 86(c)]
The protection term was 50 years in the law of 1993.
Freedom of panorama
See also: Commons:Freedom of panorama
OK for exterior architecture and most types of public art. {{FoP-El Salvador}}
- "The following shall be allowed without the consent of the author or remuneration: . . . the reproduction of a work of art on permanent display in a street, square or other public place in an artistic medium different from that used for the making of the original; with regard to buildings, this right shall be limited to the exterior façade".[2017 Article 45 (f)]
Spanish text:
Respecto de las obras ya divulgadas lícitamente, es permitida sin autorización del autor ni remuneración: . . . La reproducción de una obra de arte expuesta permanentemente en las calles, plazas u otros lugares públicos, por medio de un arte diverso al empleado para la elaboración del original. Respecto de los edificios, dicha facultad se limita a la fachada exterior.
Stamps
See also: Commons:Stamps
According to the 2017 revision, works owned by legal entities are protected for 70 years counted from 1 January of the year following that of first publication.[2017 Article 86(c)]
Translation of the specific permission to use images of postage stamps for non-commercial educational, philatelic and cultural purposes was contained in an email message dated 11 January 2007 from Silvia María Orantes, Head of the Philatelic Office, Government of El Salvador but commercial restriction images are not permitted here.
See also
Citations
- ↑ a b El Salvador Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-04.
- ↑ a b Law on Intellectual Property (as amended up to Legislative Decree No. 611 of February 15, 2017). El Salvador (2017). Retrieved on 2018-11-04.
- ↑ Law on the Promotion and Protection of Intellectual Property Rights (Legislative Decree No. 604 of 15 July 1993). El Salvador (1993).