Commons:Copyright rules by territory/Uruguay/mk

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

Uruguay was colonized by the Spanish in the early 18th century, and gained independence between 1811 and 1828,

Uruguay has been a member of the Berne Convention since 10 July 1967, the Universal Copyright Convention since 12 April 1993, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 20 October 2006.^[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18.046 of October 24, 2006) as the main copyright law enacted by the legislature of Uruguay.^[1] WIPO holds the text of this law in their WIPO Lex database.^[2]

In 2019, the term was extended from 50 to 70 years. This extension applies retroactively. Therefore, works by authors who died between 1949 and 1968 would no longer be in the public domain.^[3]

Under the Law of 1937 as amended up to 2006 and 2019,

• Literary, scientific or artistic works are protected for 70 years after the death of the author. This duration is retroactive, so works may have entered the public domain and then returned to copyright protection.^{[18.046/2006 Article 14]}
• Posthumous works are protected for 70 years after death of the author, but fall into the public domain if not published, performed or exhibited in the 10 years following the death of the author.^{[18.046/2006 Article 14]}
• Anonymous and pseudonymous works are protected for 50 years from publication.^{[18.046/2006 Article 17]}

• Collective works are protected for 70 years after publication, or if they are not published for 70 years after making or disclosure [18.046/2006 Article 17]. Unless agreed to the contrary, authorization for use of an article, drawing, cartoon, caricature, photograph etc. in a periodical or magazine where the author is not an employee gives the publisher only the right to use it once. The other patrimonial rights of the assignor or licensor are safeguarded.^{[18.046/2006 Article 22–24]}

Durations are calculated from 1 January of the year following death, making, publication or disclosure, as applicable.^{[18.046/2006 Article 17]}

A portrait of a person may not be put on the market without the express consent of such person, and upon his death, the death of his spouse, his children or his parents. A portrait may be freely published when it is made for scientific, didactic and, in general, cultural purposes or where this is related to facts or events of public interest which have taken place in public.^{[18.046/2006 Article 21]}

Article 6 of Law No 17.616 of 10 January 2003 states that when works of art or sculpture that have fallen in the public domain are resold at auction, in a commercial establishment or through the agency of a broker or dealer, the sale is subject to payment of a tariff of 3% on the resale price.^{[18.046/2006 Article 11]}

The Copyright Council shall administer and take care of literary and artistic assets incorporated in the public and the State domain.^{[2006 Article 61]} The proceeds from fees, fines, etc., to which the public or the State domain are entitled, shall be intended preferably for the Services of Art and Culture.^{[18.046/2006 Article 62]} Law 16.297 of 12 August 1992, Article 1, created the National Fund for the Dramatic Art. This supports and disseminates dramatic art throughout Uruguay using funds collected under Article 62.

 Не е во ред. The Central Bank of Uruguay exclusively issues bank notes and mints coins throughout Uruguay.^[4] State, municipality and public-law entities are holders of copyright, where, in any mode recognized by law, they acquire ownership of one of the works protected by the copyright law. State works have perpetual copyright.^{[18.046/2006 Article 40]}

Во ред {{FoP-Uruguay}} Reproduction is not unlawful: ... The photographic reproduction of paintings, monuments, or allegorical figures exhibited in museums, parks or public promenades, provided that the works in question are considered to be outside the private domain.^{[18.046/2019 Article 45.8]}

Uruguayan freedom of panorama is applicable to images of copyrighted architecture, monuments, and public art found in public spaces as well as within museums, provided that the said works are dedicated for public view and not confined to a particular private owner ("dominio privado").

See also Commons talk:Freedom of panorama/Archive 7#Statues images for the discussion on the Uruguayan FoP.