Commons:Copyright rules by territory/Argentina/mk

This page provides an overview of copyright rules of Argentina relevant to uploading works into Wikimedia Commons. Note that any work that originates in Argentina must be in the public domain, or available under a free license, in both Argentina and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Argentina, refer to the relevant laws for clarification.

Argentina has been an independent state since the early 19th century.

Argentina has been a member of the Universal Copyright Convention since 13 February 1958, the Berne Convention since 10 June 1967, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.^[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as amended up to Law No. 26.570 of November 25, 2009) as the main copyright law enacted by the legislature of Argentina.^[1] WIPO holds the text of this law in their WIPO Lex database.^[2]

According to Law No. 11.723 as amended up to Law No. 26.570 of November 25, 2009,

• Ownership of intellectual works shall fall to the authors thereof during their lifetime, and to their heirs or legal successors for 70 years starting from January 1 of the year following the author's death.^{[11.723/2009 Article 5]}
• With works of collaboration, this term shall begin from January 1 of the year following the death of the last collaborating party.^{[11.723/2009 Article 5]}
• For posthumous works, the 70-year term shall begin from January 1 of the year following the death of the author.^{[11.723/2009 Article 5]}
• Ownership of intellectual performances fixed on phonograms shall fall to the performers for the period of 70 years starting from January 1 of the year following publication.^{[11.723/2009 Article 5bis]}

• The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works.^{[11.723/2009 Article 8]}
• For photographic works, the duration of the right of ownership shall be 20 years from the date of first publication.^{[11.723/2009 Article 34]}
  • The Berne convention also requires protection for at least 25 years from creation of artistic photographs and works of applied art.^{[11.723/2009 Article 7(4)]}
• For cinematographic works, the right of ownership shall be 50 years from the death of the last of the collaborators listed in Article 20 of this Law.^{[11.723/2009 Article 34]}

• The original copyright law of Argentina (Ley 11.723) from September 30, 1933 had a general copyright term of 30 years p.m.a.
• In 1957, this was increased to 50 years p.m.a. by Decreto-Ley 12.063/57, published in the Boletin Oficial on October 11, 1957.
• In 1997, the term was again increased to 70 years p.m.a. by Ley 24.870, published in the Boletin Oficial on September 16, 1997. This extension to 70 years re-copyrighted works on which the earlier 50-year term had already expired, but the new 70-year term had not expired yet (see Ley 24.870, or art. 84 of the current Argentine copyright law).
• For photographic works the duration of copyright is twenty years from the date of the first publication (article 34 of last version of 11723 law, updated (August 13, 1998) by law 24249 art 1).^[3]

• Local governments tags:
  • {{CC-AR-GCBA}} - for contents from the Government of Buenos Aires City website.
  • {{PD-AR-BALegislature}} - for contents from the Buenos Aires's City Legislature website before 14 August 2022.
  • {{Cc-by-2.5-ar}} - for contents from the Bahía Blanca Partido website.
  • {{CC-AR-GobEntreRíos}} - for contents from the Secretariat of Communication of the Government of Entre Ríos website.
  • {{CC-AR-GobRíoNegro}} - for contents from the Government of Río Negro Province website.
  • {{CC-AR-GobSantaFe}} - for contents from the Government of Santa Fe Province website.
  • {{CC-AR-MunicipalidadCórdoba}} - for contents from the Municipality of Córdoba website before 28 September 2020.
  • {{CC-AR-MunicipalidadMendoza}} - for contents from the Municipality of Mendoza website before 28 March 2022.
  • {{Municipalidad de Rosario}} - for contents from the Municipality of Rosario website.

• Political parties tags:
  • {{Unión Cívica Radical}} - for contents from the Radical Civic Union website.
  • {{CC-AR-PartidoObrero}} - for contents from the Workers' Party website.
• News websites tags:
  • {{CC-AR-PrensaObrera}} - for contents from the Workers' Press website.
  • {{CC-AR-ANRed}} - for contents from the ANRed website.

 Не е во ред. There is no exception for currency in the Argentine copyright law.

Argentina has no "freedom of panorama" provision in its copyright law. At least some think there is de facto freedom of panorama in Argentina regarding buildings:

• It is uncontroversially accepted that buildings can be reproduced by paintings or photographs, without this reproduction infringing copyright.
• Se ha admitido pacificamente que los edificios puedan ser reproducidos mediante pinturas o fotografías, sin estimarse que esta reproducción lesione los derechos de autor. - Dr. Emery, Miguel Angel (professor of Intellectual property law in Argentina)^[4]

In accordance with this discussion from July 2010, this de facto freedom of panorama for architecture in Argentina is acceptable on Wikimedia Commons:

• Во ред for buildings {{FoP-Argentina}}
•  Не е во ред for sculpture and other works

As recent as 2022, this de facto freedom of panorama for Argentine architecture is brought to some skepticism, see these relevant discussions from December 2022 and from September 2023.

Infojustice.org tells of a proposal in 2017 to add more limitations/exceptions for Law No. 11.723, one of which would have been a freedom of panorama provision. Instead, most of the suggested exceptions were abolished, and the only surviving exception to be passed concerns free uses of works for persons with disabilities (PWDs), as proven by the resulting amendment law, Law No. 27.588 of November 11, 2020, on Amendments to Law No. 11.723 (WIPO copy).

The basic copyright law of Argentina is Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009). There is no mention of stamps or official works in the law, but Article 8 (as translated) says that "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution and not a natural person so assume that where a stamp is anonymous, it is out of copyright after 50 years. Use {{PD-AR-Anonymous}} where applicable. If the designer of the stamp is shown, the stamp will remain in copyright for seventy years after death.

The creations are subject to a threshold of originality that distinguishes them from others by giving their personal imprint.^[5]