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A r g e n t i n a 16.
COPYRIGHT IN NEWSPAPERS Law 11,723 regulates both intellectual property and copyrighting. The National Constitution, in its Article 17, includes intellectual
property by specifying: ?Property is inviolate, and no inhabitant
of the Nation can be denied it, except by virtue of a sentence found
in law. The expropriation as a cause of public good must be qualified
by law and previously financially compensated. Only Congress can
impose the contributions expressed in Article 40. No personal service
can be demanded, unless so stated by law or by sentence founded
on law. Every author or inventor has exclusive ownership of his
work, invention or discovery, for the term stipulated by law. The
confiscation of goods is expunged forever from the Argentine Penal
Code. No armed body can make requisitions, nor demand any type of
assistance.? 44 Law 11,723 on Intellectual Property makes reference to the
publication of photographs in its Article 31: ?The photographic
image of a person cannot be used for commercial purposes without
the express consent of the person
or that of his spouse and children or, in their absence,
his direct descendants, or the father or the mother, if he is deceased.
If there is no spouse, children, father or mother, or direct descendants
of the children, the publication is free. The person who may have
given consent can revoke it by paying for damages. The publication
of a picture is free when it is for scientific, educational or cultural
reasons or with facts or events of public interest or which may
have occurred in public.? Article 28 stipulates: ?Unsigned articles, anonymous collaborations,
reports, drawings, engravings or information in general of an original
and private character published by a newspaper, magazine or any
other periodical by virtue of the fact that they were acquired or
obtained under an exclusive arrangement shall be deemed the property
of the newspaper, magazine or periodical. ?General interest news can be used, transmitted and retransmitted;
but whenever it is published in its original version, it shall be
necessary to state its source.? 45 In addition, Article 29 states that ?The authors of signed
collaborations published in newspapers, magazines and other periodicals
are the property of the collaborators. If the collaborations are
not signed, their authors only have the right to publish them as
collaborations, except as agreed to the contrary with the owner
of the newspaper, magazine or periodical.? 46 After the payment of a bond by interested parties, the judges
may decree the preventive suspension of a theatrical, movie, musical
or other type of performance; they may confiscate the works at issue,
as well as the benefits derived by them and shall take any and all
measures necessary to effectively protect the rights stated by the
law.? 47
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