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THE
COMMON
REGIME
ON
COPYRIGHT
AND
RELATED
RIGHTS
This
common regime, approved on December 17, 1993
through
Decision 351 of the Commission of the
Cartagena Agreement, establishes adequate and
effective protection for authors and other
holders of rights to works of intelligence in
the literary, artistic, or scientific fields,
whatever their type or form of expression and
irrespective of their literary or artistic
merit or purpose.
Copyright.- The author, according to Decision
351, is the person whose name, pseudonym, or
other identifying sign appears on the work.
That person has the right to keep the work
unpublished or to disseminate it, to claim the
authorship of the work at any time, and to
oppose any distortion, mutilation or change
that may jeopardize the integrity of the work
or the author's reputation (moral right). The
author also has the exclusive right to carry
out, authorize, and prohibit the reproduction,
marketing, translation, or arrangement of the
work, or any other change in it (property
right).
The
rights established in this Decision shall be
protected for no less than the author's
lifetime plus a period of 50 years after his
or her death. If a juridical person holds
those rights, their duration shall be no less
than 50 years as of the dissemination or
publication of the work.
If any
of the established rights are violated, the
competent national authority is empowered to
order the immediate cessation of the illegal
activity and the seizure, embargo,
confiscation, or preventive attachment of the
copies produced illicitly or of the devices or
means used to commit the violation.
Related rights.- The related rights, which are
the rights of persons participating in the
dissemination of literary and artistic works,
rather than their creation, were also
established and are protected for a period of
no less than fifty years by Decision 351.
That
protection accordingly extends to the artists
that interpret or execute the works (reciters,
singers, announcers, actors, dancers,
musicians, narrators); sound-effect producers
(natural persons that provide for the
representation or execution of sound-effects);
and broadcasting companies (firms that
broadcast public radio or television programs).
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