Copyrights

Copyrights include the exclusive right of the author to sell, reproduce, distribute, publish, translate, adapt, transform, communicate or put his work at the public’s disposal, in any form or method.

Our team of professionals has a vast experience in the protection of original works and the representation of its authors.

In Fernández Secco we advise authors on the delineation of strategies for the protection and commercialization, delimitation of authorship, licensing, edition contracts, counseling in alternative protection and auditing, among others.

Services that Fernández Secco offers in the copyrights area:

  • Registration of copyrights.
  • Registration of copyright assignment.
  • Counseling, legal opinions and negotiation of agreements on aspects relating to copyrights.
  • Advice on image rights.
  • Actions in case of infractions, plagiarism and forgery of works protected by copyrights.
  • Advice on matters regulated by computer law, included but not limited to, electronic documents and contracts, certificates and digital signatures and databases.
  • Structuring and execution of anti-piracy programs.

What does Uruguayan legislation say about copyrights?

In our country, the Law on Copyright and Other Similar Rights, Law N°17616, of January 10th, 2003, protects the moral rights of the authors of any literary, scientific or artistic creation; it protects all expressions but not ideas, procedures or methods.

Computer programs are protected as copyrights.

The legal system governing works protected under this law includes the author`s exclusive right to sell, reproduce, distribute, publish, translate, adapt, transform, communicate or make the same available in any form or by any procedure.

We must point out that Article 15 of the 1886 Berne Convention sets forth that “In order that the author of a literary or artistic work protected by this Convention shall, in the absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner”.

Procedure to register Copyrights

Procedure: Once the copyright has been applied for, it must be published in the Official Gazette.

Between 2 or 3 months after the publication of the application for the registration of the work In the Official Gazette, the registration certificate of the work is issued.

Term: The author shall keep his copyright during the whole of his life, and his heirs shall do so during a fifty years term as from the author’s death.

Requirements

  • A power of attorney duly completed and signed by the author, and a photocopy of the author’s identity document. There is no need for the signatures to be certified.
  • Author’s full information (full name, identity card number, domicile).
  • Applicant’s full particulars (in case he/she is not the author of the works).
  • Assignment of copyrights to the applicant, duly certified and legalized.
  • Complete name of the Work.
  • Two copies of the Work

Requirements for applying for software copyright

  • Two copies of the software in CD format.
  • Two sets of the software description.
  • Name of the work and/or the software.
  • Author’s name, identity card and domicile.
  • Applicant’s full particulars (in case he/she is not the author of the software).
  • Assignment of copyrights to the applicant, duly certified and legalized.
  • Power of attorney duly completed and signed by the author, and a photocopy of the author’s identity card. There is no need for signatures to be certified.

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