Copyrighted work taken by the State

public interest

Within the provisions balancing copyright and right to information, education and culture is the prerogative to declare a work as public utility given to its great cultural value, scientific, educational, social interest or public interest. (Different from public domain).

The procedure must be performed by a decree of the Executive Branch prior favorable opinion of the National Copyright Office (ONDA) and payment of just compensation to the owner.

The requirements are:

  1. Work must have been published
  2. Copies of the latest edition of the work must be exhausted
  3. Minimum three (3) years after its last publication
  4. Improbable new publication by the holder
  5. Price inaccessible for most students in the country (only for educational purposes)

This declaration of public utility only affects the economic rights of the author, never the moral rights.

Versión en español | Spanish version

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