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Synopsis of Colombian Copyrights Law

By Martha L. Arias

The increase use of databases, electronic libraries, and many other Internet services worldwide awaken the need for information about other countries laws; particularly copyright, privacy, and cybercrime laws.  This article provides a synopsis of Colombian copyright laws.

Colombian copyright laws are found in two sources: domestic legislation and international conventions to which Colombia is signatory.  Regarding international conventions, Colombia is a party to the Convention on Literary and Artistic Works; the Inter-American Convention on Right of Author in Literary, Scientific and Artistic Works; the Berne Convention on the Protection of Literary and Artistic Works; the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; the Geneva Universal Copyright Convention;  the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Geneva WIPO Copyright Treaty; the WIPO Geneva Performances and Phonograms Treaty. Additionally, Colombia applies the Andean Community Industrial Property protection rules.  This is a set of rules on intellectual property, including copyrights, applicable in the Andean Community member countries.  Colombia, therefore, has strong copyright principles based on international standards.

Colombian domestic copyright laws are found in the Colombian Constitution and the Commerce Code, which regulates publishing contracts.  Although copyright protection principles are not commonly found in a country's constitution, Colombian constitutional reform included an article addressing copyright protection. Article 61 of the Colombian Constitution states that scientific, literary, and artistic works are protected, as well as performers" rights.  Copyrights include all kinds of intellectual, scientific, literary, and artistic creations; including software.  Colombian copyright laws also protect independent copyright works, translations, musical arrangements, adaptations, and any transformation of private intellectual property works.  To be protected, these secondary rights require written authorization from the original owner of the work.  As must civil law systems, Colombia protects authors' moral rights on their creations. Colombia also extends copyright protection to letters.  These are considered property of the addressee, but it is the author who can publish these letters.  Letters belonging to deceased persons cannot be published for 80 years without the consent of the author's surviving spouse, children, or parents.  Copyrights are granted for the life of the author and 80 years thereafter. Copyrights owned by legal entities are protected for 50 years from the publication date.  Performers, phonogram producers, artists' rights, and radio transmissions are protected 50 years from the first performance, publication, phonogram, or transmission. Copyright protection on scientific works requires registration in the National Copyright registry. Literary and artistic works, performances and other productions do not require registration to be protected. Copyrights can be assigned or transferred. Yet, any contract related to copyright must be registered to produce effects.

Infringement of copyrights is mostly regulated by national decrees and the Andean Community regulations, which impose prison and fines for copyright violations. Also, publications that violate copyrights are subject to seizure.  (Law 23 of Jan. 28, 1982 as am'd by Law 44 of Feb. 5, 1993; Decree 3116 of Dec. 21, 1984 as am'd; Decree 1360 of June 23, 1989; Decision 351 of Dec. 17, 1993 of Cartagena Commission; Decree 460 of Mar. 16, 1995; Decree 162 of Jan. 2, 1996).

Full post as published by IBLS Internet Law Blog on May 27, 2009 (boomark / email).