(Bolivia, Colombia, Ecuador, Peru, Venezuela)
Copyright Law Changes
By Decision 351 the Commission of the Cartagena Agreement has introduced modifications into the copyright law of the Andean Pact countries. According to the Decision, copyright must be provided for all intellectual creations of a scientific, literary or artistic nature irrespective of their literary or artistic value. The exclusive rights that must be protected by copyright include performance, reproduction, display, distribution, importation, translation and adaptation rights.
The term of copyright will generally be for the life of the author plus a further 50 years. If, however, local law already provides for a longer term (as it does in Colombia) then the local law will prevail.
No form of registration is required in order to secure copyright protection; however, Colombia intends to maintain its system of copyright registration, since registration provides useful evidence of the author’s rights. The penalties for infringement are also set out and include injunctive relief, seizure of products and attachment of machinery used for production of infringements as well as damages.