New Copyright Law in Uruguay

Law No. 17.616 for the Protection of Copyright and Related Rights was passed on January 10th. This new law amends Copyright Law No. 9.739 with the purpose of updating copyright regulation and harmonizing it with regional legislations.

The main áreas of interest in the new law are:

a) Copyright protection is extended to computer programs and data base (without including data themselves).

b) In the case of resale of works of art in public auction, the author or his/her heirs or legatees are entitled to receive 3% of the price while the protection lasts.

c) The term of protection is extended to 50 years for heirs and legatees of the author (as from January 1st of the year following the decease of the author. In adition, it is established that those works that are currently of public domain will revert to private ownership until the aforesaid 50 year period has expired, without prejudice of the rights third parties may have acquired in the meantime.

d) In the field of copyright judicial defense it is specifically established that the copyright owner may request a judicial inspection as a preparatory measure to determine any eventual infringement.

At the request of the owner, his/her representative of collective bodies, the Judge may also order to conduct precautionary measures, such as:

1.- Immediate suspension of illicit manufacture, reproduction, distribution, broadcasting or importation, as applicable.

2.- Seizure of copies, material and equipment manufactured or employed in the infringing activity.

3.- Seizure of the sums obtained through illicit activity or the sums to which the infringer is entitled by way of compensation, as the case may be.

The damaged party may resort to civil action to obtain cease of the illicit activity, a damages compensation and a fine up to ten times the value of the infringing product. A replacement action is also available.

In addition, if the National Customs Office or a copyright owner have reasons to suspect that goods are about to be imported to Uruguay which infringe the Copyright Law, they may request the competent Court to order special control measures, preventive seizure or precautionary suspension of the customs clearance. The Judge must decide on the requested steps within 24 hours without further proceedings and without need of a bond. The claimant must initiate civil or criminal action within 10 days once the ordered measures have been carried out, failing which the precautionary measures will lapse and the goods will be cleared, without prejudice of the eventual liability of the claimant.

e) It is established that those who infringe copyrights with the purpose of profiting from the infringement or causing an unjustified damage will be punished with three months to three years imprisonment. Those who unauthorizedly copy or have copies made of a work, performance, phonogram or broadcast, whithout the intention of profiting therefrom or causing unjustified damage, will be liable to pay a fine from US$ 100 to US$ 1000. In all events the Court shall order the forfeiture and destruction of the infringing goods.