Key Benefits:
LAW NO 1322 LAW OF APRIL 13, 1992
JAIME PAZ ZAMORA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law:
HONORABLE CONGRESS NATIONAL,
DECREE: COPYRIGHT
TITLE I PROTECTED INTELLECTUAL PROPERTY
CHAPTER I GENERALATIONS
Article 1.- The provisions of this Law are of public order and are repudiated of social interest, they regulate the regime of protection of the right of the authors on the works of
author's rightthe moral rights that protect the fatherhood and integrity of the work and the rights of the author.
Article 2
In addition to safeguarding the cultural heritage of the nation.
Article 2.-Copyright is born with the creation of the work without registration, deposit, or no other formality to obtain the protection recognized by this Law.
formalities that are established in it are for the greater legal certainty of the holders of the rights that are protected.
Article 3.-This Law protects the rights of all Bolivian authors, of foreigners
"foreigners not domiciled in the country will enjoy the protection of this Law, in so far as they correspond to them under the agreements and treaties," said the official. in which Bolivia is a party. In their absence, they will be equated to the Bolivians when they, in turn, are to the nationals in the respective country.
For the purposes of this Law, the stateless authors, refugees or controversial nationality will be considered as
Article 4.-This Law exclusively protects the literary, plastic or sound form, by which the author's ideas are described, explained, illustrated or incorporated in the literary, scientific or artistic works. The ideas contained in literary and artistic works, or the ideological or technical content of scientific works or their industrial or commercial use, are not objects of protection.
Article 5.- For the purposes of this law
Individual Work:
one that is produced by a single natural person.
collaboratively: The one that is produced in common by two or more authors. It will be divisible collaboration when each author's input is clearly identified.
Collective Work: The one created by a group of authors, on the initiative and under the guidance of the natural or legal person who coordinates it, divulges and publish under its name.
Anonymous work: Aquella in which the author's name is not mentioned by will of the same.
Pseudonima work: Aquella in which the author is hidden under a pseudonym, initials, acronyms or signs that do not identify.
Unedited work : That which has not been released to the public.
posthumous work: That which is disclosed only after the death of its author.
Original work: Aquella that is first created.
Derivative work: Aquella that results from adaptation, translation or other transformation of a original work as long as it constitutes an autonomous creation.
Artist, performer or performer: The actor, broadcaster, narrator, declamator, singer, dancer, musician or any other person who performs or performs a literary or artistic work.
phonogram producer or phonographic producer : The natural or legal person under whose initiative, responsibility and coordination are fixed for the first time the sounds of an execution or other sounds.
Fonogram: All exclusively sound fixation of the sounds of a execution or other sounds.
Editor: Natural or legal person, economically and legally responsible for editing a work.
Film Producer : The natural or legal person who takes the initiative, coordination and responsibility for the production of the audiovisual work.
videogram : The fixing of moving image material in motion with or without sounds.
Broadcast body: The radio or television company that broadcasts programs to the public.
Issue or transmission: The diffusion, by means of radio waves, sounds, or synchronized sounds with images.
retransmission: The simultaneous broadcast of the broadcast of one broadcaster by another.
Publication: The Communication to the public by any form or system.
Fixation: The incorporation of images or sounds, or both, on a sufficiently permanent and stable material basis to enable their perception, reproduction or communication.
II OF PROTECTED WORKS
Article 6.- This Law protects the rights of authors on their literary, artistic and scientific works, whatever the mode or form of expression used and any other It is her destiny; she especially understands:
Books, brochures, articles and other writings.
Conferences, speeches, lectures, sermons, comments and works of the same nature.
Dramatic or dramatic works music.
The choreographic and pantomimical works, the representation of which is fixed by
The musical compositions, with or without letter.
The cinematographic works and video frames, whatever the support or procedure used.
The works of drawing, painting, architecture, sculpture,
The photographic works to which are assimilated those expressed by procedure analogous to the photograph.
The works of applied arts, including the works of craftsmanship.
The illustrations, maps, plans, sketches and plastic works related to geography, topography, architecture or
Scenographic sketches and their respective sets.
Computer or computer programs (software or software) under specific regulations.
All creation is subject to the protection of this Law. literary, scientific art, whatever form of expression and the tangible or intangible medium or medium currently known or known in the future.
Article 7.- The derivative works are protected as independent works, without prejudice to the copyright on the originating works, where they represent a original creation:
The translations, adaptations, musical arrangements and other transformations of a literary or artistic work. Where the original work is in the private domain, the prior express authorisation of the original holder shall be required.
Collective works of a literary, artistic or scientific nature, such as encyclopedias and anthologies, which, due to the selection or disposition of the materials, they constitute an intellectual creation without prejudice to the rights of the authors on their respective interests in those.
III OF COPYRIGHT HOLDERS
Article 8.-Only the natural person may be an author, however, the State, public law entities, and legal or legal persons may exercise the copyright as derived holders, in accordance with the rules of this Law.
Article 9.- The author of a work, unless otherwise tested, is presumed to be the person whose name, pseudonym, initials, initials or any other usual sign is indicated in it.
When the work is divulged anonymously, provided it does not is of those mentioned in Art. 58th, (a) of this Law, or under pseudonym, initials, initials or sign that do not identify the author, the exercise of the rights granted by this Law, shall correspond to the natural or legal person who If the author does not disclose his or her identity.
Article 10.-In the divisible productions, each co-author is the holder of the rights on the part of the author, unless otherwise agreed. In the work in indivisible collaboration, the rights belong in common and prodiviviso, to the co-authors, unless otherwise agreed.
Article 11.-The copyright on a work with music and lyrics will belong to the half to the author of the literary part and the other half to the author of the musical part.
Each of them will be able to freely, publish, reproduce and exploit the part that corresponds to it.
Article 12.- When the lyrics of a musical work translate or adapt to another language, translators or adapters will be authors of their own translations or adaptations and will not acquire the right of the holder in the literary part, for that character will preserve it, for all legal effects, the author of the original letter.
Article 13.- The rights of economic exploitation on the work Unless otherwise stipulated, the person who publishes it under his or her name is presumed to be transferred, without prejudice to the rights of each author on his or her contribution.
TITLE IV CONTENT OF COPYRIGHT
CHAPTER I OF MORAL RIGHTS.
Article 14.-The author shall have on his work a perpetual, inalienable, imprinted and inalienable right to:
Reivindicate at all times the fatherhood of his work and, in particular, to indicate his name or pseudonym when any of the acts relating to the use of his work are carried out.
Opment to any deformation, mutilation or other modification of the work.
Keep your work unpublished or anonymous. After the death of the author, his work may not be disclosed if the author has prohibited it by a testamentary disposition, nor can his identity be revealed if he, by the same means, had not authorized him.
CHAPTER II OF HERITAGE RIGHTS
Article 15.- The author of a protected work or its successors shall have the exclusive right to perform, authorize or prohibit any of the following:
Play your work in whole or in part.
Make a translation, an adaptation, an arrangement or any transformation of the work.
Communicate the work to the public through representation, execution, broadcasting or any other broadcast media.
Article 16.-The reproduction right consists of the multiplication and material fixation of the work by any procedure that allowed it to be known to the public as the printing, photography, engraving, lithography, cinematography, phonography, magnetic tape with sounds, images or both or any another means of reproduction.
Article 17.- The right of representation consists of the community of the work to the public through any procedure such as:
The execution of musical works, recitation, declamation, dramatic representation, dramatic musical, fonomimica, choreography, choral ensembles and orchestral.
Transmission by radio, television or analog systems.
Broadcast by speakers, cable telephony or without it, or by the use of phonograms, sound, word or even images by receiving radio and television programs.
Presentation, exhibition and public exhibition of pictorial, sculptural, photographic and similar works.
Public Projection.
Public use by any means. CHAPTER III
DURATION OF PROPERTY RIGHTS
Article 18.- The duration of the protection granted by this Law shall be for the entire life of the author and for 50 years after his death, in favor of his heirs, legivers and transferee.
Article 19.- When the work belongs to several authors, the fifty-year period will run from the death of the last coauthor who dies. The rights of property relating to collective, audiovisual and photographic works, phonograms, broadcasting programmes and computer or computer programmes shall last for 50 years from their publication, exhibition, fixation, transmission and use, as appropriate or, if they have not been published, since its creation. In anonymous works not mentioned in Art. 58 (a) and in the pseudonymous works, the property rights shall last fifty years from their disclosure, unless the author is known before this period is known; in which case, it shall apply the provisions of Article 18.
However, if fifty years after the publication of the work, the author will reveal his or her identity in a feisty way during his or her life or by will, the provisions of Art. 18 will apply, without prejudice to the rights acquired by the author. third parties under the preceding paragraph.
The time limits laid down in this Chapter shall be computed from the first day of January of the year following that of death or of publication, display, fixation, transmission, use or creation, as appropriate.
TITLE V SPECIAL PROVISIONS TO SOME WORKS
CHAPTER I OF THE SOCIAL MEDIA
Article 20.-They are considered to be ceded, within the scope of Art. 29 (c), to print, radio, television and other social media companies, the copyright articles, scripts, books, drawings, photographs and other unsigned productions, provided by the staff of the company's writing and production, subject to employment contract. In the case of publication with signature, only the rights of publication by the company are considered, retaining the authors all the other rights that this Act protects.
CHAPTER II OF FOLKLORE AND CRAFTS
Article 21.- All works considered as folklore are protected by this Law, being understood by folklore in the strict sense: the set of literary and artistic works created in the national territory by unknown authors or are not identified and are presumed to be nationals of the country or their ethnic communities and are transmitted generation, constituting one of the fundamental elements of the nation's traditional cultural heritage.
Article 22.-The works of folklore according to the definition above, for the purposes of their use as literary and artistic works, shall be regarded as works belonging to the national patrimony in accordance with the rules contained in Title XI of this Law, without prejudice to the standards of protection which may be adopted by other State institutions or international agreements.
Article 23.- Crafts and artisanal design will be protected by the general rules of this Law and especially those relating to the plastic arts and national heritage.
TITLE VI OF LIMITATIONS ON COPYRIGHT
Article 24.-It is permissible to quote an author, understanding by appointment, the inclusion, in a work of its own, of short fragments of other works, provided that it is works already disclosed, the source and the name of the author of the used and provided that the inclusion is made by appointment or for analysis, comment or judgment critical, for teaching or research purposes, in accordance with onestos uses, to the extent justified by the purpose pursued and not to be abusive.
Article 25.-Before the term of protection of a work has expired, the State may decree the use by public necessity of the property rights on a work that is considered of great cultural value for the country, or of social or public interest, after payment of a fair compensation to the holder of the said right.
To decree this usage is required:
that the work has been published;
that the copies of the last edition are sold out; and
that have elapsed at least three years after their last publication.
Article 26.- The heirs or cause habitants may not object to third parties publishing the works of the causative already disclosed when more than five years have passed, computable since the death of the causative, without having their publication available.
In these cases, if between the third party that the public and the heirs or cause there would be no agreement on the conditions of the printing or the remuneration, both of which will be fixed by the procedure set out in Articles 31 ° and 35 ° of this Law.
TITLE VII OF THE TRANSMISSION AND CONTRACTS OF USE
CHAPTER I OF THE TRANSMISSION OR SUCCESSION OF THE COPYRIGHT
Article 27.- The author's property rights may be transmitted by succession and may be the object of legacy or testamentary disposition.
In the event that in the succession of a co-author, his or her right of author does not correspond to any person or entity, it will increase, by equal parts to the other co-authors. The same growth will occur when a co-author has validly renounced his copyright.
Article 28.- The author may put the original of his pictorial, sculptural and figurative arts in general. In this case, unless otherwise agreed, you will be deemed not to have granted the acquirer any self-rule rights to your work.
CHAPTER II OF THE CONTRACTS IN GENERAL
Article 29.- The author or his successors may grant to another person the right to use the work, in its patrimonial content by the use of one or all forms of exploitation reserved to the author by this Law, and to assign these rights in whole or in part. In order for these acts to be oponnable to third parties, they must be done by means of a contract in private document registered with the General Directorate of Copyright, with the formalities established in this Law:
The transmission to an editor or producer of the rights of exploitation of the work created by virtue of an employment relationship shall be governed by the agreement in the contract, and must be carried out in writing.
In no case may the publisher or producer use the work or dispose of for a purpose other than that which is derived from the provisions of paragraph (a) above.
Unless otherwise stipulated, the authors of the works reproduced in periodicals retain their right to exploit them in any way that does not prejudice the normal of the publication in which they have been inserted.
Any authorization of use of a work is presumed onerous and the exclusive must be expressly agreed.
In all contracts, the ability to resolve the emerging obligations of them is implied in case one of the You do not comply with your obligations, without prejudice to the damages that correspond to the injured party.
CHAPTER III OF THE CONTRACTS OF EDITION
Article 30.-For the contract of issue, the holder of the right of author of a literary, artistic, scientific work or his cause, he is obliged to give it to him publisher and the publisher is obliged to reproduce, distribute and market it on its own, paying the author the agreed economic benefits.
Article 31.-In any edition contract the remuneration or regalia must be agreed corresponds to the author or owner of the work, which in no case is less than ten percent (10%) of the sale price to the public. In the absence of a stipulation, it shall be presumed that it corresponds to the author or owner of that percentage.
Article 32.- Without prejudice to the provisions of the foregoing Article and the ancillary stipulations that the parties deem appropriate, in the contract must consist of the following:
Identification of the author, editor and work;
Whether the work is unpublished or not;
Whether the authorization is exclusive or not;
The time and conditions in which the work is to be delivered original;
the deadline agreed to put the first edition up for sale;
The term or term of the contract;
The number of copies to be printed in each edition;
The maximum number of copies that can be edited within the term or term of the contract;
How the sale price of each will be set
the rules laid down in the Title VI, Chapter II, Code of Commerce are in forceContract of Edition, Articles 1.216 to 1.236.
CHAPTER IV OF THE PHONOGRAPHIC INCLUSION CONTRACT
Article 33.-By the phonographic inclusion contract the author of a musical work authorizes a phonogram producer, by way of remuneration, to tax or fix a works to reproduce it on a phonographic disc, magnetic strip, film or any other similar device or mechanism for the purposes of reproduction and sale of copies.
This authorization does not include the right of public execution.
The phonogram producer must make this reservation on the label that must be attached to the disk, device, or mechanism in which the phonogram occurs.
Article 34.- The phonographic producer is obliged to enter in a visible place in all copies of the phonogram in which the work has been registered, including in those for free distribution, and may not be put up for sale, without permanently fixed the following indications.
the work, names of the authors or their pseudonyms of the arranger or orchestrator and of the author of the version when there is one.
If the work is anonymous so it will be stated.
Names of the interpreters. The orchestral or choral assemblies will be indicated with their own name and with the name of their director.
Signs of the societies to which the authors and artists belong;
The mention of reservation with the symbol P followed by the year of the first publication.
Denomination of the phonographic producer.
The indications that, for lack of appropriate place, it is not possible to enter directly on the copies containing the reproduction will be compulsorily printed in the envelope, or accompanying prospectus.
Article 35.- The author's minimum remuneration per The concept of fonomechanical royalties shall be seven and a half per cent (7,50%) on the sale price to the public of each copy sold which includes phonograms of the author, in accordance with the arrangements recognised in the collective contracts between the companies of authors and composers and producers of phonograms of international scope. Any pact to the contrary will be null, unless it is to improve conditions for the author.
CHAPTER V OF THE REPRESENTATION CONTRACT
Article 36.- The representation contract is the one by which the author of a literary, dramatic, or dramatic-musical, choreographic or any similar genre, authorizes an entrepreneur to represent it in public, in exchange for a remuneration.
It is understood by public representation of a work for the the effects of this Law, any one that takes place outside the private home and even within it, if it is
spread of a theatrical, dramatic-musical, or choreographic work, whether live, fixed, or broadcast by radio or television willconsidered public.
Article 37.- The work must begin to be represented within the time limit set by the parties, which may not exceed one year. If the contract does not fix the representations, the employer must keep the work on the poster while the public will justify it economically. The authorization expires when the work ceases to be represented by lack of public.
The employer is obliged: to carry out the representation without variations, additions, cuts or deletions not allowed by the author, being responsible by those who participate in the show; to guarantee to the author or his representatives the assistance to all the trials and the inspection of the representation and the assistance to it free of charge.
The author and the Employers shall elect by mutual agreement the principal and other principal interpreters and to replace them shall be
In the event that the work is not represented within the prescribed period, the employer must indemnify the author by a sum to be determined in the respective contract.
Article 38.- The employer must announce to the public the title of the work accompanied by the name or pseudonym of the author and, where appropriate, that of the translator and the adapter, indicating the characteristics of the adaptation. Where the remuneration of the author has not been contractually fixed, it shall be at least 10% (10%) of the amount of the entries collected for each function or representation, and 15% (15%) of the entries in the function of the premiere.
CHAPTER VI OF THE CINEMATOGRAPHIC WORK
Article 39.- Without prejudice to the rights of the authors of the works adapted or included in it, the cinematographic work, as defined in Art. 5 n) of this Law, will be protected as original work.
The property rights on the work Film will be recognized unless otherwise stipulated, in favor of the producer.
Article 40.- The Director or Realizer of the cinematographic work is the holder of the moral rights of the same, without prejudice to correspond to the various authors, and to the performers and performers who have intervened in it with respect to their own contributions.
Article 41.- The authors of the argument are co-authors of the film, the adaptation, the script and the dialogue of the musical compositions, with or without a letter, created especially for this work, and the director or director.
Article 42.- Without prejudice to the rights that correspond to the authors, by the contract of production of the cinematographic work, they will be presumed exclusive to the producer, with the limitations set forth in this chapter, the rights of reproduction, distribution and public communication, as well as the rights of dubbing or subtitling of the work.
Article 43.- There will be a film-fixing contract when the authors of a work, of the argument, the adaptation and those of the script or the dialogues grant the Exclusive right producer to fix, reproduce or exploit it economically.
This contract must contain:
The authorization of the exclusive right;
The remuneration agreed by the producer to the persons mentioned above, to the authors of the musical compositions, with or without letter (specially created for this work); to the (a) the drawing-up, if any, of a cartoon film, or which includes them, the director-director and the interpreters or performers involved, as well as the arrangements for payment of such remuneration;
the completion of the work;
To more than the remuneration, the producer will recognize the director one Ten percent of the proceeds from the exploitation of the work, after deduction of all expenses.
Article 44.- The authors of the argument, the film or the script and the music; they may have freely from the part that corresponds to their contribution to the cinematographic work, to be used by a different means of communication, unless otherwise stipulated.
Article 45.- The producer of the cinematographic work has the following unique rights:
Reproduce it to distribute or display for any
Article 46.-
Article 46.-
The provisions of the cinematographic work shall apply to the videograms and to any other audio-visual work.TITLE VIII OF PUBLIC EXECUTION OF MUSICAL WORKS
Article 47.- Public execution by any means, including music broadcasting, with or without words or any means of projection or dissemination known or to be known, must be prior to and expressly authorized by the rightholder or his representatives.
Article 48.- For the purposes of this Law, public executions are considered to be carried out in theaters, cinemas, concert halls or dances, bars, clubs of any nature, stadiums, circuses, restaurants, hotels, commercial, banking and industrial establishments and, at long last, wherever musical works are performed or performed or broadcast on radio and television, be it with the participation of artists, be it by mechanical processes, electronic, sound or audiovisual.
Article 49.- The person who is in charge of the address of the entities or establishments listed in Article 48º where acts of public execution of musical works are performed is required to:
Antar on daily plains in rigorous order, the title of each work musical executed, the name of the author or composer thereof, the name of the performers involved, or of the group director or orchestra in his case, and the name or mark of the recorder when the public execution is made from a phonographic fixation.
Such sheets shall be dated, signed and made available to the persons concerned, within thirty (30) days of the date on which the execution or communication was made to the public. The persons concerned or their representatives, under their responsibility, may report to the National Directorate of Copyright the total or partial non-compliance with this obligation and the person responsible shall be liable to a fine for an amount
equivalent to fifty times the amount of the collection.
TITLE IX OF THE RIGHT TO SHARE THE
PLASTIC ARTISTS
Article 50.- If the original of an artwork, graphic, plastic or a manuscript was resold and in that act a merchant in works of art or an auctioneer, in the capacity of buyer, seller or agent, the seller must pay the author or his heirs, a participation equal to five percent of the sale price.
This right in favor of the author referred to in the preceding paragraph is unrenountable, inalienable and will last for the term of protection of the property rights on the work, in favor of the author, his heirs and legivers.
Article 51.- The preceding provisions will not be applied to works of architecture, or applied works of art.
TITLE X OF RELATED RIGHTS
Article 52.- The protection afforded by the rules of this title is independent and will in no way affect the protection of the right of author on the literary, scientific, artistic and advertising works enshrined in this Law. Accordingly, none of the provisions contained therein may be construed as such protection.
ARTISTS ' RIGHTS
INTERPRETERS AND PERFORMERS
Article 53.- artists, performers or their representatives, have the right to authorize or prohibit the fixing and reproduction, as well as the communication to the public, the transmission or any other form of use of their interpretations and executions. Accordingly, no one may without the authorization of the artists, performers or performers, perform any of the acts referred to above.
The artists, performers and performers who participate collectively in the same performance, such as the components of a musical group, choir, orchestra, ballet or theatre company, shall designate among them, a representative for the granting of the authorizations referred to in this article.
For such designation, which shall be formalised in writing, the majority agreement shall be valid, the soloists may not be appointed,
The rights recognized to the artists, performers and performers in this law will last fifty (50) years, counted from the first of January of the year following that of their publication, fixation or interpretation or execution if such publication had not been made.
The performer enjoys the right to the recognition of his name over his interpretations and to oppose, during his lifetime deformation, mutilation or any other attack on his performance and which damages his reputation or reputation. Upon his death and within the next twenty (20) years, the exercise of these rights shall be the responsibility of the heirs.
The stage director and the conductor shall have the rights recognized by the artists in the present law.
CHAPTER II OF PHONOGRAM PRODUCERS
Article 54.- The phonographic producer has respect to its phonograms, the exclusive right to authorize or prohibit the reproduction, rental and communication to the public, including cable distribution, satellite emission or any other means of use.
Article 55.- When a phonogram published for commercial purposes or a reproduction of that phonogram is used with authorization for the the user shall pay a service to the public, or for any other form of communication to the public equal and single remuneration for the artists, performers and producers of phonograms. The phonogram producer or his or her graduate and the artists, performers or their representatives may agree on how to perceive the rights of communication to the public. In the absence of such an agreement the perception of the right shall be made by the producer of phonograms or his licensees and the distribution of the sum received shall be distributed by halves among the artists, performers and performers on the one hand, and the producer
Article 56.- The phonographic discs and other devices or mechanisms referred to in Art. 33 of this law, which serve as a public execution by means of broadcasting, of cinematography, of the record machines or of any system of execution in the premises referred to in the Art. 48 °, will give rise to the perception of the rights in favor of the authors of the artists, performers and the producer of phonograms.
The National Directorate of the Law of Author will promote to the perception of these rights of public execution is carried out by a common collecting society, without prejudice to the distribution of the distribution by the respective company of the authors, artists, performers and producers of phonograms, recognized pursuant to Title XIII of this Law.
CHAPTER III OF THE ORGANISMS OF BROADCASTING
Article 57.- Broadcasting organizations shall enjoy the exclusive right to authorize or prohibit the following acts:
The retransmission of their emissions;
The fixing of their emissions broadcast; and
The reproduction of a fixation of its emissions.
TITLE XI OF THE TAX REGIME
CHAPTER I NATIONAL HERITAGE AND PUBLIC DOMAIN
Article 58.- National Heritage is the regime to the the works of Bolivian author that come out of the protection of the private patrimonial right, by any cause; they belong to the National Heritage:
The folk works and traditional culture of unknown author.
The works whose authors have expressly renounced their rights.
The works of deceased authors without successors or successors.
The works whose protection periods fixed by the Arts. 18 ° and 19 ° have been exhausted.
The patriotic, civic and all those who are adopted by any institution of public or private character.
The foreign works whose period of protection is exhausted belong to the public domain.
Article 59. - For the purposes of point (b) of the previous article, the renunciation by the authors or heirs of the property rights of the work, must be submitted in writing, register in the National Directorate of Copyright and published. The waiver shall not be valid against obligations entered into prior to the date of the waiver.
Article 60.- The use in any form or procedure of works of the national patrimony and the public domain shall be free, but who does so commercially, shall pay the State, in accordance with the rules laid down in the regulations, a participation whose amount shall not be less than 10% (10%) and not more than fifty per cent (50%) of the amount paid to the authors or their (a) who are entitled to the use of similar works subject to the private protection scheme.
Article 61.- The amounts collected for the use of National Heritage works will apply only to the promotion and dissemination of the country's cultural values.
Article 62.- The State through the National Copyright Address will recognize the percentage raised by national heritage works, ten percent (10%) to the collector and ten percent (10%) to the community of origin if identified.
TITLE XII FROM THE NATIONAL COPYRIGHT REGISTER
Article 63.- Create the National Register Copyright as a body of the National Directorate of Copyright, dependent of the Bolivian Institute of Culture, Ministry of Education and Culture and will be responsible for processing applications for the registration of works protected by this Law, of acts and contracts that refer to the copyright, of the societies of authors, artists, performers and other functions that are assigned by this Law and by the regulations.
TITLE XIII OF THE AUTHORS AND ARTISTS ' SOCIETIES
Article 64.- The societies of authors and holders of Related rights that are established in accordance with this Law, in accordance with Article 58 of the Civil Code, will be in the public interest. They will have their own legal status and own patrimony for the purposes that the same law establishes. No more than one company may be constituted for each branch or literary or artistic specialty of the holders recognized by this Law.
The regulation will determine the different branches in which societies can organize, the cases in which may be constituted by holders of similar branches, the form and conditions of their registration and other requirements for their operation, in accordance with the provisions of this Law.
TITLE XIV OF COPYRIGHT VIOLATIONS
CHAPTER I OF THE CRIMINAL SANCTIONS AND THEIR PROCEDURE
Article 65.- The processes to which the violations of this Law will take place, shall be of knowledge of the Ordinary Criminal Court, in accordance with the Law of Judicial Organization, Criminal Code, Criminal Procedure Code and this Law.
Article 66.- Criminal penalties for violations or violations of Copyright set out in this Chapter shall be those established by the Code. Criminal proceedings in Article 362.
Article 67.- The foregoing article shall also be applied to violations against the related rights set forth in this Law.
Article 68.- For the purposes of this Law, it shall be in violation of the law of Author, who:
In relation to a work or literary or artistic production unpublished and without the authorization of the author, artist or producer, or of its successors in title, enrol it in the register or publish it by any means of reproduction, multiplication or diffusion, as if it is his or another person other than the true author, or with the title changed or deleted, or with the text altered dolously.
In relation to a published and protected work or production, any of the facts indicated in the preceding paragraph, or without permission from the copyright holder, the reproduce, adapt, transform, modify, review, or understand and edit or publish any of these works by any means of reproduction, multiplication, or communication to the public.
Reproduce an already edited work, altering it in the Fraudulent edit the name of the authorized editor to effect.
Reproduce greater number of copies of those authorized by the copyright holder, or their successors in the respective contract.
Reproduce a phonogram or videogram with a view to its marketing, or rent it without written permission from its producer or its producer. representative; likewise, the one that imports, stores, distributes or sells the illicit copies of a phonogram or a videogram.
Entiendase by illicit copy of a phonogram or a videogram, the one that mimics or not, the external characteristics of the (a) a legitimate copy of the phonogram or a video-gram or a substantial part thereof, without the authorization from its holder.
Edit, sell, reproduce or disseminate an edited work or phonogram falsely mentioning the name of the author, the authorized publisher, the interpreters and performers or the producer.
Play, broadcast, execute, represent, or distribute one or more works after the expiration of an authorization granted to the effect.
I will present false statements intended, directly or indirectly, to impair the author's economic rights, by altering the data concerning the economic product of a show, the number of copies produced, sold or distributed from a work or by any other means.
Without the authorization of the copyright holder is responsible for the public representation or execution of musical or cinematographic plays.
Without being an author, editor, the cause or representative of one or any of them is falsely attributed to one of these qualities and obtain that the authority suspends the representation of the public execution of a work
unduly appropriating the right of use of the names of newspapers, magazines, sections and columns thereof, radio programs and television, film news, other means of communication, fictitious or symbolic characters in literary works, graphic comics and other periodicals or of characteristic characters used in action artistic or group names and sets, choirs, orchestras, bands and other artistic elencs.
Transmit, retransmit, or broadcast by any means, cinematographic works without authorization from the producer.
Article 69. - The owner, partner, manager, director or responsible for the activities of the establishments where theatrical or musical performances are held, will respond in solidarity with the organizer of the show, for the violations to the copyrights that take place in such premises, without prejudice to the criminal responsibilities that correspond.
Article 70.- All copies of a work published or reproduced in illicit form shall be hijacked and shall be in judicial custody until sentencing.
The works published or illegally reproduced, will be destroyed in execution of sentence or awarded to the holder whose rights they were defrauded.
CHAPTER II
OF THE ADMINISTRATIVE PROCEDURE OF RECONCILIATION
Article 71.-Establish an administrative procedure of conciliation and arbitration of mutual agreement between the parties, prior to the ordinary instance, under the jurisdiction of the National Directorate of Copyright to resolve civil disputes relating to the subject matter of this Law.
TITLE XV OF THE NATIONAL ADDRESS OF COPYRIGHT
Article 72.- As a dependency of the Bolivian Institute of Culture of the Ministry of Education and Culture and with jurisdiction throughout the national territory, the National Directorate of Copyright will function, the The National Copyright Information Center and other necessary dependencies.
TITLE XVI
FINAL AND TRANSIENT PROVISIONS
Article 73.- Rights to the works that you did not enjoy protection under the previous Law, because they have not been registered, will automatically enjoy the protection granted by this Law, without prejudice to the rights acquired by third parties, prior to the validity of this Law.
Article 74. - The Executive Branch through the Ministry of Education and Culture, will dictate the regulation of this Law, within one hundred and twenty days following its promulgation.
Article 75.- The Intellectual Property Law of the November 13, 1909 and all provisions that oppose this Law.
Article 76.- The Executive Branch shall issue the administrative, fiscal and budgetary rules necessary for the implementation of this Law.
Pass to the Executive Branch, for constitutional purposes.
It is given in the Chamber of Sessions of the Honorable National Congress, two days of the month of April of a thousand nine hundred and ninety-two years.
Fdo. Guillermo Fortun Suares, Gaston Encinas Valverde, Carlos Farah Aquin, Oscar Vargas Molina, Walter Alarcon Rojas, Argandona Valdez.
Therefore, it has been enacted so that it has and will comply with the law of the Republic.
City of La Paz, on the thirteen days of the month of April of a thousand nine hundred and ninety-two years.
FDO. JAIME PAZ ZAMORA, Ronal MacLean Abaroa, Carlos Saavedra Bruno, Hedim Cespedes Cossio.
