The protection of applied art works (figures, paintings, photographs, plans, sculptures, drawings, games, crafts, etc.), software, and musical and literary works are essential not only for leading companies such as Marvel, Adidas, guilds like BSA, among others, if not for any company that would like to ensure sustainable growth and avoid possible future litigation.
Our professional team has the knowledge and mainly several years of experience in assisting their clients in a professional way with either complaints or defense of all types of copyright infringement.
Copyright is a specialized branch of law that regulates one of the aspects of intellectual property, the one that deals with various legal relationships and attributes of the authors in relation to literary and artistic works resulting from their creation. In this sense, copyright is, for example, the property of the sculptor on his sculptures, of the painter on his paintings, of the writer on his books, of the computer programmer on his software, of the artist on his interpretation, among others. Copyright protects all works created by human ingenuity.
In the particular case of copyright, protection is obtained automatically with the creation and is not subject to any formality. On the other hand, industrial property requires registration with the competent authority in order to guarantee protection.
Copyright protects all intellectual creations, whether original works in their composition and form, or derivatives, because they are based on a preexisting work. Original works are literary, musical, theatrical, artistic or audiovisual works and the derivative works are adaptations, translations, compilations, annotations and comments, extracts, musical arrangements and other transformations.
The copyright protects all intellectual creations, whether these works originating or root in its composition and form, or arising, because they are based on a pre-existing work. Works originating are literary, musical, dramatic, artistic or audio-visual and derivative works, adaptations, translations, compilations, annotations, and comments, excerpts, musical arrangements and other transformations.
There are two types of rights recognized to the author: moral or personal rights and patrimonial or economic rights. Moral rights are the author’s rights referring to his personality, in other words, with the fact that the work is an extension of the author’s personality. Therefore, they are inalienable, indefeasible, unrenounceable and imprescriptible. Patrimonial rights are those exclusive rights of the author to use the work and to obtain an economic benefit from it, for example, the reproduction, communication, distribution, translation, authorization of the work, among others.
Computer Program or Software
The software is any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system, in order to perform a function or a task and get a certain result, regardless of their form of expression and fixation. It is protected as a literary work, fruit of human ingenuity. The guardianship comprises the source code, object code, technical documentation and user manuals, as well as the successive versions and derivative programs. Personal copying of software is not allowed, only the program duplication legitimately acquired when it is inserted into the internal memory of the hard disk for exclusively authorized use and as a backup copy to replace the legitimately acquired copy, when it can no longer be used due to damage or loss.
In Peru, copyrights are regulated by the Andean Decision 351, Legislative Decree 822, and by the international treaties and agreements in force.
Although it is true that copyright protection is automatic, however, its registration in the respective registry gives it legal publicity and is the best way to prove its existence through time, in case a third party has to be denounced for using it without authorization.
The duration of the registration procedure, which starts with the (presentation of the application in INDECOPI) and ends with the (Certificate or Title deed issuance), is approximately 20 days, whenever all the required documentation is attached.
In Peru, piracy or unauthorized reproduction of works constitutes a serious offense prosecutable by law, typified on our Criminal Code, punishable by a prison sentence of up to eight years.
Our firm provides services related to complaints and defense of complaints for copyright infringement.