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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Art. 20: ?Documents stored in official archives may not be
published by private parties without the permission of the respective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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Copyright © 1999
Inter American Press Association. All rights reserved.
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