Commons:Copyright rules by territory/Colombia

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Copyright rules: Colombia
Shortcut: COM:COLOMBIA
Flag of Colombia
Map of Colombia
Durations
Standard Life + 80 years
Anonymous Publish + 80 years
Collective Publish + 80 years
Government Publish + 70 years
Other
Freedom of panorama Yes
Terms run to year end Yes
Common licence tags {{PD-old-80}}
{{PD-Colombia}}
ISO 3166-1 alpha-3 COL
Treaties
Berne convention 7 March 1988
Univ. Copyright Convention 18 June 1976
WTO member 30 April 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 Colombia relevant to uploading works into Wikimedia Commons. Note that any work originating in Colombia must be in the public domain, or available under a free license, in both Colombia 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 Colombia, refer to the relevant laws for clarification.

Background

The Republic of Colombia was declared in 1886. Panama was included in Gran Colombia from 1821, and seceded as an independent nation in 1903.

Colombia has been a member of the Universal Copyright Convention since 18 June 1976, the Berne Convention since 7 March 1988, the World Trade Organization since 30 April 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 Law No. 23 of January 28, 1982, on Copyright as the main copyright law enacted by the legislature of Colombia.[1] WIPO holds the text of this law in their WIPO Lex database.[2] This has been modified by

  • Law No. 719 of December 24, 2001
  • Law No. 1403 of July 19, 2010
  • Law No. 1450 of June 16, 2011
  • Law No. 1835 of June 9, 2017
  • Law No. 1915 of July 12, 2018

General rules

According to the Colombian Law 23 of 1982 on Copyright, amended by Law 44 of 1993, Article 2 and Law 1520 of 2012,

  • The author rights expire 80 years after the death of the author or the death of the last coauthor. Where the copyright has been transferred by means of an act between living persons, the protection period still remains for 80 years after the death of the author.[23/1982–2018 Art 11,21]
  • Protection for compilations, dictionaries, encyclopedias and other collective works lasts 80 years from date of publication.[23/1982–2018 Art 24]
  • Protection of anonymous works expires 80 years from the date of publication.[23/1982–2018 Art 25]
  • Protection for cinematic works lasts 80 years after the movie's premiere.[23/1982–2018 Art 26]
  • In all cases where a literary, scientific or artistic work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.[23/1982–2018 Art 27]
  • In all cases where the applicable term of protection starts on the date of publication, the said term shall be understood to end on December 31 of the relevant year.[23/1982–2018 Art 28]

Copyright tags

Shortcut

See also: Commons:Copyright tags

  • {{PD-Colombia}} – generally 80 years after the author's death or 80 years after publication of audiovisual works, collective works and anonymous works. In all cases where a work has as its owner a legal entity or an official body or any institution under government public law, the term of protection shall be deemed to be 70 years as from the date of publication.

Currency

Shortcut

See also: Commons:Currency

 Not OK within 70 years of publication of the design.

Both banknotes and coins are produced by the Banco de la República, the Colombian central bank. They claim all rights reserved on their website in the footer of all pages, and in a legal disclaimer (Spanish: [1]) which asserts intellectual property over the website's designs and trademarks. There is no further information provided about the legality of photographic reproductions or similar. Colombia's copyright law has no exemption for government works, meaning that the Bank is permitted to claim copyright, for up to 70 years from the date of publication. The law makes no exemptions for banknotes or currency either.

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

OK for public art found permanently in public outdoors and exterior architecture = {{FoP-Colombia}};  Not OK for interior architecture as well as public art found in public indoors.

  • It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works that are permanently located on public highways, streets or squares, and to distribute such reproductions or works and communicate them to the public. With regard to works of architecture, this provision shall be applicable solely to outward views.[23/1982–2018 Art 39]
Notable cases
  • Case 044-IP-2013 - an example of the commercial use of a property broadcast in a mass media, requiring explicit mention of its author and its publication is for "good commercial practice" (quoted as "buena fe comercial"). Otherwise, as its unlawful appropriation, this is considered as lucrative exploitation. A crucial passage at the last paragraph (P.39 Noveno) of the said ruling reads "Se advierte que las anteriores previsiones consagradas en la norma comunitaria, al ser tan generales en materia de procedimiento, dejan abierto un gran margen para que el ordenamiento interno de los Países Miembros regule los procedimientos y procesos con base en la norma comunitaria, de conformidad con el principio de complemento indispensable." Translated as: "It is noted that the previous provisions enshrined in the community standard, being so general in terms of procedure, leave open a great margin for the internal regulations of the Member Countries to regulate the procedures and processes based on the community standard, in accordance with the principle of indispensable complement." Interpreting from this, this means the FoP exception of the Decision 351 is binding in all member states, but the member states have the right to regulate or restrict the exception as being applied to them.


Stamps

See also: Commons:Stamps

Copyrighted Stamps appear to be out of copyright after 70 years. If stamp is published before 1 January 1954 please use {{PD-Colombia}}.

Threshold of originality

Shortcut

See also: Commons:Threshold of originality

See Andean Community: Threshold of originality

The threshold of originality is subject to the personal stamp that the author puts on their work.[3]

See also

Citations

  1. ↑ a b Colombia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. ↑ Law No. 23 of January 28, 1982, on Copyright. Colombia (1982). Retrieved on 2018-11-08.
  3. ↑ ¿En Colombia los tweets están protegidos por el Derecho de Autor?. Derecho de Autor Colombia (2016). Retrieved on 2021-09-23.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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