ESTUDIO DELION

Copyright in Peru

Peruvian Literary copyright, Phonograms copyright in Peru, Peruvian Audiovisual copyright and software copyright protection in Peru.

Copyright in PERU

Copyright are made up of productions from the following fields :

- Literary works 
- Phonograms 
- Audiovisual works or images 
- Softwares or Computer Programs

As well as, productions in the Scientifics and artistic fields whatever be the way of expression, such as: "books, pamphlets and other writings; lectures, conferences and other similar works; dramatic plays and dramatic musicals; cartography works; pantomimes; musical compositions with or without lyrics; cinematographic works and the works made with any similar procedure; drawing works; paintings works; architecture works, sculpture; engraving, lithography; photographic works and the works made with any similar procedure; illustrations, maps, plans, sketches and plastic works relatives to the geography; topography; architecture and sciences. ( *1996 Legislative Compilation of Intellectual Property, Page 281, INDECOPI ). 

Estudio Delion has developed an advanced Trademark Software , which allows us to watch all copyrights that are being used in the Peruvian Market or Abroad market, preventing that counterfeiters take advantage of the prestigious of our client's copyrights; likewise our company carries out Periodical Inspections in the main outlets in order to detect the existence of smuggling and/or counterfeit products which could affect the interests of our clients . 

Services:

  • Copyright search by registrant. 
  • Copyright search, by title. 
  • Registration of unpublished or published literary works. 
  • Registration of data base or data compiling. 
  • Registration of phonograms. 
  • Registration of computer software or programs. 
  • Registration of audiovisual works; or image in movement,   not considered as works. 
  • Registration of catalogues, albums, collections or   similar. 
  • Registration of photographies, slogans with or without   music, games and didactic exercises. 
  • Registration of artistic interpretations. 
  • Registration of any other productions of human talent. 
  • Integral Consultancy.

 

 I . Documents Required :

1. Power of Attorney; it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. Two samples of the work. It must be detailed within the distribution sample the following data: Title. Author name or pseudonym. Publisher and printed matter data. To mention the reservation of copyright or © followed by the name of registrant. Year and place of the first publication. Numbers of printed samples. Print date. Number of the sample reproduced.

3. If the case, the contract of the edition.

4. If the case, the assignment of rights stating each one of the rights assigned, jurisdiction agreed, time of lasting as well as the onerous or free act, or on the contrary, an affidavit stating that it is owned such a document.

5. Authorizations, in case of inclusion of other works belonging to third parties or an affidavit stating that it is owned such documents. 6. In case of an exclusive assignment, said condition must be stated expressly.

II. Remarks : All documents executed abroad must be duly legalized by Peruvian Consul.

III. Time of prosecution : 15 working-days from the time of fulfilling all requirements. According to the article 99 of the Legislative Decree No. 822, it is compulsory the registration of literary works published.

Requirements for the Registrations of Phonograms in Peru

 I . Documents Required :

1. Power of Attorney; it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. One sample of the phonogram, containing a maximum of Twenty (20) works or fixings, within a cover or additional pamphlet for distribution to the public, it must be stated the following data: Title of the works contained in the phonogram. Name or pseudonym of the authors. Name of the main exponents. The name of the choral or orchestra groups. Name of collective management corporations that manage the patrimony rights on the work. The word reservation of copyright with the letter (p), followed by the year of the first publication The firm's name or commercial name of the phonographic producer and the sign of identification and the wording "all rights reserved" .

3. To mention the type of each one of the musical works contained in the phonogram.

4. If the case, the assignment of rights stating each one of the assigned rights expressly, the jurisdiction agreed, time of lasting, as well as the onerous or free act, or on the contrary, an affidavit stating that it is owned such a document.

5. Authorizations of exponents, artists or performers with the purpose of fixing their interpretations in the phonogram or on the contrary, an affidavit stating that it is owned such document.

6. In case of an exclusive assignment, said condition must be stated expressly.

7. If the applicant is a corporation, it must be filed the documents showing its existence and representation.

II. Remark : All documents executed abroad must be duly legalized by Peruvian Consul.

III. Time of Prosecution : 15 working-days from the time of fulfilling all requirements.

Requirements for the Registration of Audiovisual Works or Images in Peru

I . Documents :

1. Power of Attorney; it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. One sample of the audio-visual work or videogram in VHSformat, or on the contrary, photographies of the main scenes.

  • Stating the date of performance and divulgation of the work or videogram. 
  • If the case, detailed list of the arguments, dialogs and music. 
  • If the case, assignment of rights stating each one of the rights assigned expressly, jurisdiction agreed, time of lasting, as well as the onerous or free act, or on the contrary, to file an affidavit stating that it is owned such a document. 
  • Authorizations in case of inclusion of other works not specially created for the audio-visual work or videogram, or on the contrary, an affidavit stating that it is owned such documents. 
  • In case of an exclusive assignment, said condition must be stated expressly.

II. Remark : All documents executed abroad must be duly legalized by Peruvian Consul. In case of audio-visual works, it is supposed a limited and exclusive assignment on behalf of the producer.

III. Time of prosecution : 15 working days , from the time of fulfilling all requirements.

Requirements for the Registration of Software or Computer Programs in Peru

I. Documents :

1. Power of Attorney; it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company. One Power is sufficient for any numbers of applications on behalf of a same applicant.

2. Programs executions in Disquete, CD or other.

3. Specification of the work, in which will be described the program, the filled memory, installation systems and others.

4. The most important part of source code.

5. A user's handbook.

6. If the computer program has been published, it must be stated in each sample, the title, name or pseudonym of the author or authors, the producer's data, the wording of all rights reserved or © followed by the name of the owner of rights, place and year of the first publication, number of reproduced samples and the number of such reproduced sample.

7. If the case, the assignment of rights stating in each one the rights assigned expressly, jurisdiction agreed, time of lasting, as well as the onerous or free act, or on the contrary, an affidavit stating that it is owned such document.

8. Authorizations, in case of amendment or adaptation of any software, or on the contrary, an affidavit stating that it is owned such documents. 9. In case of an exclusive assignment, said condition must be stated expressly.

II. Remarks : All documents executed abroad must be legalized by Peruvian Consul. In case of computing programs, it is supposed an unlimited and exclusive assignment on behalf of producer. 

III. Maximum time of Prosecution : 30 working-days from the time of fulfilling all requirements.