Commons:Copyright rules by territory/Guatemala
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Copyright rules: Guatemala Shortcut: COM:GUATEMALA | |
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| Durations | |
|---|---|
| Standard | Life + 75 years |
| Anonymous | Create/publish + 75 years |
| Audiovisual | Create/publish + 75 years |
| Collective | Create/publish + 75 years |
| Other | |
| Terms run to year end | Yes |
| ISO 3166-1 alpha-3 | GTM |
| Treaties | |
| Berne convention | 28 July 1997 |
| Univ. Copyright Convention | 28 October 1964 |
| WTO member | 21 July 1995 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 4 February 2003 |
| *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 Guatemala relevant to uploading works into Wikimedia Commons. Note that any work originating in Guatemala must be in the public domain, or available under a free license, in both Guatemala 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 Guatemala, refer to the relevant laws for clarification.
Background
The territory of modern Guatemala was conquered by the Spanish in the 16th century. Guatemala attained independence in 1821 as part of the Federal Republic of Central America, which dissolved by 1841.
Guatemala has been a member of the Universal Copyright Convention since 28 October 1964, the World Trade Organization since 21 July 1995, the Berne Convention since 28 July 1997 and the WIPO Copyright Treaty since 4 February 2003.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic) as the main copyright law enacted by the legislature of Guatemala.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
Under Decree Number 33-98 as amended up to 2006,
- Except as otherwise provided in this Act, rights are protected for the life of the author plus 75 years after his death.[33-98/2006 Art.43]
- With works with two or more authors, the period of protection is based on death of the last surviving coauthor.[33-98/2006 Art.43]
- With computer programs and collective works, the term of protection is 75 years from the first publication or, if not published, from completion of the work.[33-98/2006 Art.44]
- With anonymous or pseudonymous works, the term of protection starts from first publication or, failing that, from creation.[33-98/2006 Art.44]
- With audiovisual works, the period is counted from the first authorized publication of the work, provided that such publication occurs within 75 years after execution. Otherwise, the period is counted from the performance of the work.[33-98/2006 Art.47]
The above terms of protection are computed from 1 January of the year following that of the event they are based on.[33-98/2006 Art.48]
The State and its public entities, municipalities, universities and other educational establishments in the country, shall enjoy the protection established by law.[33-98/2006 Art.49]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK. Pictorial representations of public art and architecture are permitted for personal use only. Effectively disallows commercial uses, which Commons:Licensing requires.
Section 64 of Guatemala's copyright law as of 2006 says:
"With respect to already published works, is permitted, without the author's consent, besides what is set forth in article 32: [...]
d) The reproduction for personal use of a work of art permanently exhibited in public places or on the exterior façade of buildings, made by means of an art different from that used in the making of the original, provided that the name of the author, if known, the title of the work, if it has one, and the place it is located are indicated".[33-98/2006 Art.64(d)]
Original language (Spanish) text:
ARTÍCULO 64. Respecto de las obras ya divulgadas también es permitida, sin autorización del autor, además de lo dispuesto en el artículo 32: [...]
d) La reproducción para uso personal de una obra de arte expuesta en forma permanente en lugares públicos o en la fachada exterior de edificios, ejecutada por medio de un arte que sea distinto al empleado para la elaboración del original, siempre que se indique el nombre del autor, si se conociere, así como el título de la obra, si lo tiene, y el lugar donde se encuentra.
See the discussions here and here for more information.
See also
Citations
- ↑ a b Guatemala Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic). Guatemala (2006). Retrieved on 2018-11-08.