Commons:Copyright rules by territory/Ecuador

Copyright rules: Ecuador Shortcut: COM:ECUADOR
Durations
Standard	Life + 70 years
Anonymous	Publish + 70 years
Other
Freedom of panorama	Yes
Common licence tags	{{PD-old-auto}} {{FoP-Ecuador}} {{PD-EC-exempt}}
ISO 3166-1 alpha-3	ECU
Treaties
Berne convention	9 October 1991
Univ. Copyright Convention	5 June 1957
WTO member	21 January 1996
URAA restoration date‌*	1 January 1996
WIPO treaty	6 March 2002
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

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

Background

Ecuador was colonized by Spain during the 16th century. It became independent in 1820 as part of Gran Colombia, and became a sovereign state in 1830.

Ecuador has been a member of the Universal Copyright Convention since 5 June 1957, the Berne Convention since 9 October 1991, the World Trade Organization since 21 January 1996 and the WIPO Copyright Treaty since 6 March 2002. Ecuador is also a member of the Andean Community of Nations. In 1993 the members of the Andean Community adopted Decision 351, which defined common rules for copyright and neighboring rights.

The UNHCR holds a copy of Ley No. 83. RO/ 320 de 19 de Mayo de 1998 Ley de Propiedad Intelectual. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, held a copy of the Intellectual Property Law (Codification No. 2006­-13) in their WIPO Lex database. WIPO did not list this law among those enacted by the legislature.

General rules

Under the Intellectual Property Law (Codification No. 2006­-13),

• Economic rights shall last throughout the author's lifetime and for 70 years after their death, regardless of the country of origin of the work.^{[2006­-13 Art.80]}
• With works of joint authorship, the period of protection shall commence on the death of the last joint author.^{[2006­-13 Art.80]}
• With posthumous works, the period of 70 years shall commence on the date of the author's death.^{[2006­-13 Art.80]}
• An anonymous work the author of which does not make byself known within 70 years of the date of first publication shall enter the public domain. Where the identity of the author of a work published under a pseudonym is not known, the work shall be considered anonymous.^{[2006­-13 Art.80]}
• Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.^{[2006­-13 Art.81]}

Not protected

Shortcut

• COM:NOP Ecuador

See also: Commons:Unprotected works

{{PD-EC-exempt}}. The following shall not be protected: ... legal and regulatory provisions, judicial decisions, and instruments, agreements, deliberations and rulings of public bodies, and also the official translations thereof.^{[2006­-13 Art.10]} Coats of arms, flags and other official symbols are not explicitly exempted from copyright protection, but they may be in the public domain if a decree or resolution originating from the proper public office, adopting such emblem or symbol, is found.

Freedom of panorama

Shortcut

• COM:FOP Ecuador

See also: Commons:Freedom of panorama

OK {{FoP-Ecuador}}

See Andean Community:Freedom of panorama.

According to Intellectual Property Law (Codification No. 2006­-13), "Provided that fair use is respected and normal exploitation of the work is not adversely affected or injury caused to the right holder, exclusively the following acts ... shall be lawful: (f) the reproduction, communication and distribution of works that are permanently located in public places, by means of photography, painting, drawing or any audiovisual process, provided that the name of the author of the original work and the place where it is located are specified, and that the purpose is strictly to disseminate art, science and culture".^{[2006­-13 Art.83(f)]}

Decision 351 of the Andean Community of Nations, which is binding on Ecuador, provides for freedom of panorama as follows: "Without prejudice to that put forth in the Chapter 5 and in the previous article, it will be legal to realize, without authorization from the author and without the payment of any remuneration, the following acts:...h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public".^{[351/1993 Article 22(h)]}

Stamps

See also: Commons:Stamps

Under the Intellectual Property Law (Codification No. 2006­-13) there is no exception for stamps, which would be protected for 70 years from publication.

• Protected works shall include, inter alia, the following: ... works of painting, drawing, engraving and lithography ....^{[2006­-13 Art.8(f)]}
• The employer or commissioner owns copyright in works by made employees or commissioned.^{[2006­-13 Art.16]}
• Where the holder of rights in a work from the time of creation of the work is a legal person, the period of protection shall be 70 years from the making, disclosure or publication of the work, whichever is the later.^{[2006­-13 Art.81]}

Threshold of originality

Shortcut

• COM:TOO Ecuador

See also: Commons:Threshold of originality

See Andean Community: Threshold of originality

See also

• Ecuador
• Category:Ecuadorian FOP cases
• Category:Stamps of Ecuador
• Commons:Copyright rules by territory/Andean Community

Citations

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer