Commons:Copyright rules by territory/Chile/mk

This page provides an overview of copyright rules of Chile relevant to uploading works into Wikimedia Commons. Note that any work originating in Chile must be in the public domain, or available under a free license, in both Chile 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 Chile, refer to the relevant laws for clarification.

What is now Chile was colonized by Spain in the mid-16th century, since 1542. Chile declared its independence from Spain in 1818, but was de facto independent since 18 September 1810, except between 1814 and 1818, when it was again under the administration of Spain.

The earliest copyright legal norm of Chile as an independent republic was included in the Constitution of 1833, whose Article 152 established that "every author or inventor will have the exclusive property of their discovery, o production, during the time established by law; and the law demands its publication, the inventor will be given the competent indemnization". Shortly after, on 24 July 1834, the Law of Literary and Artistic Property was enacted, giving authors "exclusive right" during their lifetime to "sell, make (others) to sell or distribute their works". Their heirs were given the same right for five years post mortem, extendable to ten years if decreed by the Government.^[1]

The 1834 law was abolished on 5 May 1925, when the Decree Law N.° 345 on Intellectual Property was enacted. Protection lasted for the lifetime of the author plus twenty years after their death. If the work is inherited by the State, the work will become public domain (common property). If the work was authored by a "collegiate body", the work was protected for fourty years after inscription.^[2] Law No. 9.549 extended the protection term to 50 years p.m.a..^[3]

Chile has been a member of the Universal Copyright Convention since 16 September 1955, the Berne Convention since 5 June 1970, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.^[4]

After enacting the Berne Convention, a new intellectual property compatible with the treaty was drafted and promulgated: Law No. 17.336 (2 October 1970). The original law protected works 30 years p.m.a., expanding such term (not retroactively) to 50 years in 1992, and 70 years in 2003.

As of 2021 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 17.336 on Intellectual Property (as amended up to Law No. 21045 of November 3, 2017 as the main IP law enacted by the legislature of Chile.^[4] WIPO holds the text of this law in their WIPO Lex database.^[5]

As of the 2017 revision:

• Protection lasts for the author's life, then for 70 years after the date of death.^{[17.336/2017 Art.10]}
• Works made for hire are protected for 70 years from first publication.^{[17.336/2017 Art.10]}
• For collaborative works, the term of 70 years runs from the death of the last surviving co-author.^{[17.336/2017 Art.12]}
• Anonymous or pseudonymous works are protected for 70 years from first publication, or if not published within 50 years of creation the protection will be for 70 years from the end of the calendar year of creation.^{[17.336/2017 Art.13]}

The common cultural heritage includes.^{[17.336/2017 Art.11]}:

a) Works whose term of protection has been extinguished;

b) Work of an unknown author, including the songs, legends, dances and expressions of the folkloric heritage;

c) Works whose owners waived the protection granted by this law;

d) Works of foreign authors, domiciled abroad that are not protected by international conventions that Chile subscribes to and ratifies;

e) Works that were expropriated by the State, unless the law specifies a beneficiary.

Works of common cultural heritage may be used by anyone, provided that paternity and the integrity of the work is respected.

 Не е во ред The Central Bank of Chile holds the intellectual property for the designs of banknotes and coins in circulation, and those designs are registered with the Department of Intellectual Property (N° 115.594). This is expressed in Sections 28 of the Constitutional Organic Act. Publication or reproduction of such designs without the consent of the Bank is prohibited, and subject to criminal and civil sanctions.^{[17.336/2017 Art.78]}

• Во ред for most works permanently located in "squares, avenues and public places." {{FoP-Chile}}
•  Не е во ред for copyrighted literary works, as such works are in a separate category – Article 3(1) and (2) – as opposed to lithography (Article 3(7)), finished architectural projects (Article 3(9)), two-dimensional works (Article 3(11)), and three-dimensional works (Article 3(12)).

The Chilean copyright law 17336 provides freedom of panorama for architectural and artistic works:

• The reproduction of architectural works by means of photography, film, television and any other analogous procedure, as well as the publication of the corresponding photographs in newspapers, magazines and books and texts intended for education, is free and is not subject to to remuneration, provided that it is not in a separate, complete or partial collection, without authorization of the author.^{[17.336/2017 Art.71F]}
• Art. 1 Nº 8 Likewise, reproduction through photography.^{[17.336/2017 Art.71F]}
• Drawing or any other procedure, of monuments, statues and, in general, artistic works that permanently adorn squares, avenues and public places, is free and is not subject to remuneration, the publication and sale of the reproductions being lawful.^{[17.336/2017 Art.71F]}

Registration in the Intellectual Property Registry generates a "presumption" of copyright in favor of the registrant. Any work may be registered for "presumed" copyright, but Law No. 17.336 clearly states the "presumed" copyright may be contested. That is because, as established in "Astorga Sánchez José / Inversiones C. S. A.", C-2470-2009, 17.° Juzgado Civil de Santiago (28 October 2011), the Intellectual Property Conservator (Conservador) only makes the deposit of the documents into the registry, does not make an examination of their originality, or to determine whether the deposited documents are works or not, and so certificates of intellectual property generated by the Intellectual Property Registry do not establish that a work is new, original or viceversa. The Conservator of Intellectual Property expressed in 2011 it is up to the judicial system "to carry out an originality test to define whether the creation is indeed a particular manifestation of human ingenuity that can be classified as original compared to other equivalent creations, analyzed from a subjective perspective, that is, that the imprint or trace of the author can be perceived, that allows it to stand out from others". Such pronouncement was adhered to by the 17th civil judge of Santiago.^[7]