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P
e r u 16. COPYRIGHT IN NEWSPAPERS Article 2, Section 8 of the Constitution states that every
person has the right ?to freedom of intellectual, artistic, technical
and scientific creations, as well as to the right of ownership and
financial gain of those creations.? Legislative Decree 822 of 1996, which approved the Copyright
Law, states in Article 45: ?The following are also lawful to carry
out without authorization, provided that the name of the author
and the source are stated, and that the reprint or disclosure has
not been the object of express reserve: a) The dissemination
of images or sounds taken from current events that were recorded
or filmed, to the extent justified by the purpose of the information. b) As a form of current
event, the dissemination, via the print or any other media, of speeches,
dissertations, addresses, sermons or similar works pronounced in
public, and the speeches pronounced during court hearings, to the
extent justified by the purpose of the information, and without
prejudice of the rights the author has to broadcast them individually
or collectively. c) The broadcast by radio,
cable or any other medium, known or unknown, of the image of an
architectural, plastic, photographic or artistic work located permanently
in a public area.? Article 460: ?Without prior authorization from the author nor
payment of additional remuneration, it is lawful for a radio broadcasting
organization to do ephemeral recordings of a work the medium is
authorized to broadcast, being able to do this recording with its
own equipment and for a one-time use in its own programs.? Article 470: ?Without prior authorization from the author nor
payment of additional remuneration, it is lawful for a broadcasting
organization to transmit or retransmit a work which it had originally
transmitted, only when the public transmission or retransmission
is taking place at the same time of the original transmission, and
must be transmitted or retransmitted in its entirety.? Article 86: ?Unless agreed to the contrary, the authorization
for the use of articles in newspapers, magazines or other communcation
media, granted by the author who does not have a dependent relationship
with the medium, only confers the editor or owner of a publication
the right to use it only one time, safeguarding all proprietorship
rights of the author from the licensee. ?In the case of an author who is under contractual employment,
he may not reserve the right of reprinting a journalistic article
as it is assumed assigned to the company or communcation medium.
However, the author maintains the right to print an independent
edition of his works in the form of a collection.? Article 216 of the Penal Code establishes: ?Anyone who, using
print, video or any other medium, copies, reprints, exhibits or
disseminates to the public, in whole or in part, a literary, artistic,
scientific or technical work or production without prior authorization
from the author, producer or owner of the rights, shall be subject
to incarceration of no less than one (1) and no more than three
(3) years.? Article 217 states: ?The penalty of incarceration shall be
no less than two (2) and no more than four (4) years when: 1. The copy, reprint,
reproduction, exhibit, issue, broadcast or use of the intellectual
work or production is done for commercial purposes. 2. The copy, reprint,
reproduction, exhibit, issue, broadcast or use of the intellectual
work or production is done omitting or altering the name or pseudonym
of the author, producer or owner of the rights.?
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