E l  S a l v a d o r

16. COPYRIGHT IN NEWSPAPERS

The Law to Promote and Protect Intellectual Property of 1993 contains a rule that directly affects journalistic activities:

Art. 15: ?Works protected by authors? rights that are published in newspapers and magazines do not ipso facto lose their legal protection.

The protection of the law will in no case be applied to the news content of current events; they will be applied to the text and graphic images therein contained, insofar as they constitute original creations.?

Art. 17: ?A printed publication, proposed or in circulation, may secure its name or heading for exclusive use for all time plus a year.?

Art. 19: ?The authority to publish letters rests with the author who must have the consent of the addressee to publish, unless the addressee?s good name or interests are not affected.?

Art. 20: ?Documents stored in official archives may not be published by private parties without the permission of the respective authority in the case of first publication; the exception are documents of strictly historical value that are stored in the national archive.?

Art. 42: ?Letters of public interest may be published provided no damage is caused to the reputation or interests of the sender and addressee and provided the restrictions contained in Art. 6 of the Constitution are not infringed. Any financial benefits derived from the publication are due to the author or his successors.?

Art. 47: ?It is also legal, without authorization or remuneration, provided the name of the author and the source are given, to:

a) Reproduce and distribute in the press, or to transmit by any medium, articles of current events about economic, social, artistic, political or religious topics published by the media, provided the reproduction or transmission is not expressly reserved;

b) Broadcast images or sounds transmitted by audio or audiovisual means that are relevant to current events, to the degree justified by the news; and

c) Disseminate as news, by any means, the speeches, dissertations, addresses, sermons and other similar pronouncements spoken in public as well as judicial proceedings, to the extent that it is justified by news objectives and without affecting the rights of the authors to publish them individually or as collections.?




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