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Is Dominican Republic and Chile in the Berne Convention or...

Freddy Trump Says...

Is Dominican Republic and Chile in the Berne Convention or Madrid Convention, just like Jamaica subcribed to a Caribbean, US, Paris, and London Convention because many Jamaicans try to distribute their English based works to -non- English speaking countries:
1.1 What are the requirements for copyright to subsist in a work?

A work is protected by the mere fact of its creation and from the moment it is created; this is line with article 5 of the Berne Convention, which provides that the birth of these copyrights shall not be subject to any formality, provided that the work in question is original.

Ideas may not be protected if they have not been fully developed and implemented.

1.2 Does your jurisdiction operate an open or closed list of works that can qualify for copyright protection?

Spain operates an open list of works that can qualify for copyright protection.

Article 10 (Original Works and Titles) of Royal Legislative Decree 1/1996, of 12 April 1996, approving the revised text of the Copyright Law (hereinafter the "Copyright Law"), provides a short listing articulated across nine bullet points mentioning kinds of works eligible for copyright protection.

This is not numerus clausus, as the article provides that:

"All original literary, artistic or scientific creations expressed by any means or medium, tangible or intangible, now known or to be invented in the future, shall be the subject of intellectual property."

1.3 In what works can copyright subsist?

Works in which copyright can subsist include, for example, books, pamphlets, correspondence, writings, speeches, conferences, forensic reports, lectures, musical compositions (with or without words), dramatic and dramatico-musical works, choreographies, pantomimes and theatrical works, cinematographic and any audiovisual works, sculptures, paintings, drawings, engravings, lithographs, cartoons, comics, sketches, plastic works (whether applied or not), projects, plans, models and designs of architectural and engineering works, graphs, maps and designs relating to topography, geography and science, photographic works and works expressed by a process analogous to photography.

1.4 Are there any works which are excluded from copyright protection?

Legal or regulatory provisions and their corresponding drafts, the resolutions of jurisdictional bodies and the acts, agreements, deliberations and opinions of public bodies, as well as official translations of all the aforementioned texts, are not subject to copyright.

1.5 Is there a system for registration of copyright and, if so, what is the effect of registration?

Copyright-protected works may be entered in the Copyright Registry (or any of its territorial delegations).

Registration creates a rebuttable presumption (that is, one that is true unless proven otherwise) as to the ownership of the rights in respect of the content registered/certified as from a given date. Under no circumstances does registration or certification serve to establish rights, merely to declare them.

The Registry will assess the content and ownership of the rights; an entry on the Register that provides a guarantee as to the authenticity of the said facts vis-à-vis any third party.

In view of the public nature of the registration, it is possible to conduct transactions on the work and place them on record, on the basis of the principle of public notice that governs the activity of Registers (e.g., placing a security interest on the work, granting licences, etc.).

Furthermore, in the event of a possible conflict, the certificate of registration of the work at the Copyright Office is directly admitted as valid by the courts, unlike proof of a private nature, admission of which is at the court's discretion.

1.6 What is the duration of copyright protection?

Does this vary depending on the type of work?

The general principle is that copyright protection shall last for the life of the author and 70 years after his/her death or declaration of death.

However:

The exploitation rights in anonymous or pseudonymous works shall last for 70 years from the time of their lawful disclosure.

Where the author is known before this period expires, either because the pseudonym he/she has adopted leaves no doubt as to his/her identity or because the author himself/herself reveals it, the general principle shall apply.

The exploitation rights in works that have not been lawfully disclosed shall last for 70 years from their creation, where the term of protection is not calculated from the death or declaration of death of the author or authors.

The general term of protection does not apply to authors who died before 7 December 1987, as in such cases the term of protection post-mortem is 80 years under the Copyright Act of 10 January 1879.
As regards software, where the author is a legal entity, the term of the rights referred to in the foregoing paragraph shall be 70 years, counted from 1 January of the year following that in which the program is lawfully disclosed or, if it has not been disclosed, that of its creation.

The exploitation rights granted to performers shall have a term of 50 years, counted from 1 January of the year following that of the performance.

However, if, within the said period, a fixation of the performance is lawfully published or lawfully communicated to the public in a medium other than a phonogram, the said rights shall expire 50 years from the first day of January of the year following the date of the first publication or the first communication to the public, whichever is earlier.

If the publication or communication to the public of the fixation of the performance is on a phonogram, the said rights shall expire after 70 years computed from 1 January of the year following the date of the first publication or the first communication to the public, whichever is earlier.

The rights of phonogram producers shall expire 50 years after the recording was made. However, if the phonogram is lawfully published during the said period, the rights shall expire 70 years after the date of the first lawful publication.

If no lawful publication is made during this period but the phonogram is lawfully communicated to the public, the rights shall expire 70 years from the date of the first lawful communication to the public.

The duration of the exploitation rights granted to producers of the first fixation of an audiovisual recording shall be 50 years, counted from 1 January of the year following the year in which it was made. However, if, within the said period, the recording is lawfully disclosed, the said rights shall expire 50 years after disclosure, reckoned from 1 January of the year following the date of disclosure.

Any person who takes a mere and simple photograph shall have the exclusive right to authorise its reproduction, distribution and public communication under the same terms recognised to authors of photographic works.

This right shall have a term of 25 years from the first day of January of the year following the date on which the photograph or reproduction was made.
Database protection will last 15 years after 1 January of the year following the date on which the manufacturing process was completed.

In the case of databases made available to the public before the expiry of the period provided for in the preceding paragraph, the term of protection shall expire 15 years after 1 January following the date on which the database was first made available to the public.

1.7 Is there any overlap between copyright and other intellectual property rights such as design rights and database rights?

Database rights and sui generis rights on databases are governed by specific provisions in the Copyright Law, thus we cannot properly speak of the existence of an overlap.

Design rights: in order to be eligible for copyright protection, they must be original (they do not reproduce in whole or in part another work) and the result of the intellectual effort of its creator.

Determining the applicability of copyright to designs requires a thorough analysis involving a certain degree of uncertainty, since this decision would ultimately be handled by a court.

Please note that copyright protection is only applicable to designs in rare cases.

Trademarks: figurative elements and logos can be protected both as copyrights and trademarks.

1.8 Are there any restrictions on the protection for copyright works which are made by an industrial process?

Should a work be created by an industrial process or by any element or intelligence different from a natural person, that work would not be eligible for copyright protection.

2. Ownership
2.1 Who is the first owner of copyright in each of the works protected (other than where questions 2.2 or 2.3 apply)?

The natural person who creates a literary, artistic or scientific work shall be considered the author.

In the absence of proof to the contrary, the author shall be presumed to be the person who appears as such in the work, by means of his/her name, signature or sign identifying him/her.

The copyrights of a literary, artistic or scientific work belongs to the author by the sole fact of its creation.

Copyrights are made up of personal and economic rights, which give the author the full disposal and exclusive right to exploit the work, with no limitations other than those established by law.

However, legal persons may benefit from the protection granted to author

Posted November 22 2023 at 9:09 PM

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