Author’s right in Argentina.

Oct 14, 2015

Author’s right in Argentina.

Our system differs from Copyright Law of Common law countries. Argentina’s system is governed by IP legislation, Act 11.723, by which the work is inherent to the author and includes the protection of Moral rights.

Taking into account that authors are natural persons, our legislation introduces the figure of owner of rights. The author can only assign economic rights to a third party. But the Author cannot assign moral rights, such as the right that his/her name is mentioned (attribution right), to keep the integrity of the work, the right to decide whether he wishes that his/her work be known to the public.

All rights assigned shall be expressly indicated, and they are independent from each other. In this sense, the right to reproduce does not imply the right of representation nor execution.

Assignees/owners have all rights expressly assigned. In regard to Intellectual Property right, assignment interpretation should be made independently and restrictively.

In order to transform a work the express authorization of the author is needed. All derivative works should have the express consent of the Author.

In regard to the time frame protection, the general term in our country to national work is all life of the author and 70 years as from the death of the author.

In connection with photography work, it has duration of 20 years as from the date of the first publication.

All photographic work should include the date, the publication date, the name of  the author’s or editor trademark. If not included then it cannot be sought the criminal action foreseen in our legislation in the case of reproduction of this material.

Cinematographic work lasts all life of the authors and 50 years to be counted as from the death of the last collaborator.

Total or partial assignment of cinematographic work is only opposed to third parties as from the date they are recorded in the National Registry of Intellectual Property Rights.

For a contract of assignment of IP rights to be opposable against third parties it shall be recorded with the National Registry of Intellectual Property (Dirección Nacional de Derecho de Autor).