Commons:Copyright rules by territory/Peru

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Location of Peru

Summary

Countries, areas, and entities Standard copyright term
(based on authors' deaths) 		Other copyright terms
(based on publication and creation dates) 		Copyright exemptions Notes


Commons-logo.svg Peru copyright overview
(Wikipedia-logo-v2.svg Copyright law of Peru) 		70 p.m.a.: life + 70 years[1]
  • Collective works, computer programs and audiovisual works: 70 years from publication or 70 years from creation if unpublished[2]
  • Anonymous works: 70 years after publication (if author never disclosed)[3]
  • Simple photographs: 70 years from publication[4]
  • Publication right: 10 years from first publication of unpublished public domain works[5]
  • Berne/UCC: yes
  • Until year end: Yes[6]
{{PD-old-auto|author died 1947 or earlier}}

{{FoP-Peru}}

{{FoP-Peru}}
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Peru

This reproduction is permitted under the Peruvian copyright law of April 23, 1996, article 43(e).
Peru has full "freedom of panorama", allowing reproducing artworks on streets, squares, or other public places or on the outside façades of buildings by means different from the original technique. The reproduction must not interfere with the author's exclusive rights to exploitation. This is protected both by national law and the Andean Community treaty.
See Commons:Freedom of Panorama#Peru for more information.

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Peru Overview

Peruvian copyright law, signed under the Manuel Prado administration, had a 20 year protection over images starting in January 1, 1962. All images published in Peru prior to 1976, whose protection lasted until 1996 (and by which time a new 70 year protection was imposed by the Alberto Fujimori administration), are in the public domain.

The Peruvian copyright law of April 23, 1996, which entered in force on May 24, 1996, states in its transitional provisions that "[works] protected under the previous legislation shall benefit from the longer terms of protection provided for in this law".

The 1996 law has a copyright term of 70 years p.m.a. (70 years since publication for anonymous/pseudonymous works, articles 52–56). Performers' neighboring rights also last until 70 years p.m.a. (article 135), for phonograms and broadcasts, the term is 70 years since publication or the initial broadcast or transmission (articles 139 and 142).

Note that any video, whether it qualifies as an "audiovisual work" or not, is protected until 70 years after the publication (or its creation, if not published in that time; article 143). Peru also has a publication right with a term of 10 years since the publication.

Simple photographs have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph (Art. 144), Simple photographs are those which fail to meet the general definition of a "work" in Art. 2.17 of the 1996 law: work: any personal and original intellectual creation.

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Note:
  1. Two public domain tags: Per Commons:Licensing, files on Commons must be in the public domain in both the source country and the United States, if they are not freely licensed. Public domain files always need both a US PD tag and a source-country PD tag (or a combined tag which explicitly covers both).
  2. URAA copyright restoration: Many files which are in the public domain in Peru are affected by the URAA restoration of US copyright. For files published anywhere in the world before , {{PD-1923}} covers the US copyright. For all other cases, the URAA issue needs to be considered in more detail. New files which are affected by the URAA (i.e. have their US copyright restored) should not be uploaded to Commons. Old files are subject to review via Commons:WikiProject Public Domain/URAA review; cases known to be affected should be {{Not-PD-US-URAA}} and if possible moved to a Wikimedia project which permits fair use.
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References

  1. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 52
  2. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 54
  3. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 53
  4. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 144
  5. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 145
  6. ↑ Copyright Law - Legislative Decree No. 822 of April 23, 1996, Art. 56

See also

Editing this page

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