Commons:Copyright rules by territory/Uruguay
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Copyright rules: Uruguay Shortcut: COM:URUGUAY | |
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 | |
| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Uruguay}} {{PD-Uruguay-anon}} |
| ISO 3166-1 alpha-3 | URY |
| Treaties | |
| Berne convention | 10 July 1967 |
| Univ. Copyright Convention | 12 April 1993 |
| WTO member | 1 January 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 20 October 2006 |
| *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 Uruguay relevant to uploading works into Wikimedia Commons. Note that any work originating in Uruguay must be in the public domain, or available under a free license, in both Uruguay 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 Uruguay, refer to the relevant laws for clarification.
Governing laws
Uruguay was colonized by the Spanish in the early 18th century, and gained independence between 1811 and 1828,
Uruguay has been a member of the Berne Convention since 10 July 1967, the Universal Copyright Convention since 12 April 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 October 2006.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18.046 of October 24, 2006) as the main copyright law enacted by the legislature of Uruguay.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
In 2019, the term was extended from 50 to 70 years. This extension applies retroactively. Therefore, works by authors who died between 1949 and 1968 would no longer be in the public domain.[3]
General rules
Under the Law of 1937 as amended up to 2006 and 2019,
- Literary, scientific or artistic works are protected for 70 years after the death of the author. This duration is retroactive, so works may have entered the public domain and then returned to copyright protection.[18.046/2006 Article 14]
- Posthumous works are protected for 70 years after death of the author, but fall into the public domain if not published, performed or exhibited in the 10 years following the death of the author.[18.046/2006 Article 14]
- Anonymous and pseudonymous works are protected for 50 years from publication.[18.046/2006 Article 17]
- Collective works are protected for 70 years after publication, or if they are not published for 70 years after making or disclosure [18.046/2006 Article 17]. Unless agreed to the contrary, authorization for use of an article, drawing, cartoon, caricature, photograph etc. in a periodical or magazine where the author is not an employee gives the publisher only the right to use it once. The other patrimonial rights of the assignor or licensor are safeguarded.[18.046/2006 Article 22–24]
Durations are calculated from 1 January of the year following death, making, publication or disclosure, as applicable.[18.046/2006 Article 17]
Copyright term before 2003
- Uruguay had a term of Life + 40 years from 1937 before it was retroactively extended to 50 years in 2003[18.046/2006 Article 14] and 70 years in 2019. Anonymous and pseydonymous works were protected for 50 years from publication[9.739/1937 Article 18], and posthumous works were protected for 40 years from publication.[9.739/1937 Article 14]
- Additionally, a work had to be registered within 2 years of its publication or 3 years for works published abroad but made by Uruguayan authors. "A period of two years is indicated for the registration of works that are published, exhibited or reproduced in the country from their publication, exhibition or performance. The term will be three years when the publication, exhibition or representation takes place abroad, and the author is Uruguayan"[9.739 Article 53]. The registration requirement was removed in 2003 and became optional, while the extension to life + 50 years was applied retroactively for all works.[1]
Because of the URAA, works that were made by Uruguayan authors who died before 1956, posthumous works published to 1956, and works published prior to 1994 and not registered are in the public domain in the US. However, because the 2003 and 2019 extensions were retroactive, they are no longer in the public domain in Uruguay and they can't be uploaded to Commons unless the work was made by an author who died over 70 years ago or if the work was published anonymously, although they aren't subject to the non-free content criteria.
Privacy
A portrait of a person may not be put on the market without the express consent of such person, and upon his death, the death of his spouse, his children or his parents. A portrait may be freely published when it is made for scientific, didactic and, in general, cultural purposes or where this is related to facts or events of public interest which have taken place in public.[18.046/2006 Article 21]
Public domain: not free
See also: Commons:Paying public domain Article 6 of Law No 17.616 of 10 January 2003 states that when works of art or sculpture that have fallen in the public domain are resold at auction, in a commercial establishment or through the agency of a broker or dealer, the sale is subject to payment of a tariff of 3% on the resale price.[18.046/2006 Article 11]
The Copyright Council shall administer and take care of literary and artistic assets incorporated in the public and the State domain.[2006 Article 61] The proceeds from fees, fines, etc., to which the public or the State domain are entitled, shall be intended preferably for the Services of Art and Culture.[18.046/2006 Article 62] Law 16.297 of 12 August 1992, Article 1, created the National Fund for the Dramatic Art. This supports and disseminates dramatic art throughout Uruguay using funds collected under Article 62.
Copyright tags
See also: Commons:Copyright tags
- {{PD-Uruguay}} – for works in the public domain because their copyright has expired (70 years after the author's death).
- {{PD-Uruguay-anon}} – for anonymous works published more than 70 years ago.
Currency
See also: Commons:Currency
Not OK.
The Central Bank of Uruguay exclusively issues bank notes and mints coins throughout Uruguay.[4]
State, municipality and public-law entities are holders of copyright, where, in any mode recognized by law, they acquire ownership of one of the works protected by the copyright law. State works have perpetual copyright.[18.046/2006 Article 40]
Freedom of panorama
See also: Commons:Freedom of panorama
OK {{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or public promenades, provided that the works in question are considered to be outside the private domain.[18.046/2019 Article 45.8]
Uruguayan freedom of panorama is applicable to images of copyrighted architecture, monuments, and public art found in public spaces as well as within museums, provided that the said works are dedicated for public view and not confined to a particular private owner ("dominio privado").
See also Commons talk:Freedom of panorama/Archive 7#Statues images for the discussion on the Uruguayan FoP.
See also: Category:Uruguayan FOP cases. Citations
- ↑ a b Uruguay Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18. 046 of October 24, 2006). Uruguay (2006). Retrieved on 2018-11-08.
- ↑ ¿Qué obras de dominio público no estarán disponibles tras la ley de derechos de autor?. Montevideo. Retrieved on 2022-01-13.
- ↑ Billetes y Monedas. Banco Central del Uruguay. Retrieved on 2019-01-22.