Obras fotográficas: proyecto de modificación de la Ley N° 11.723
Date | 19 July 2013 |
Published date | 19 July 2013 |
Law Firm | Marval O'Farrell Mairal |
El proyecto modifica el artículo 34 de la Ley N° 11.723, que actualmente establece que la duración del derecho de propiedad para las obras fotográficas es de 20 años a partir de la fecha de la primera publicación. En el proyecto presentado, el artículo modificado establece que la propiedad intelectual sobre obras fotográficas corresponde a sus autores durante su vida y a sus herederos o derechohabientes hasta 70 años después de la muerte del autor.
El mismo artículo elimina la obligación de inscripción, para las obras fotográficas o cinematográficas, de la fecha, el lugar de publicación, el nombre o la marca del autor o editor. Por consiguiente, también suprime la acción penal prevista en la ley para el caso de reproducción de dichas obras ante el incumplimiento de este requisito.
Asimismo, el proyecto incorpora un nuevo artículo 85 bis, como disposición transitoria, que establece que lo dispuesto en el artículo 34° bis será de aplicación a las obras fotográficas que se hayan incorporado al dominio público sin que...
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