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Argentina

Legal background

Scope and duration of copyright

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention? NO
Literary, artistic scientific and educational works are protected for 70 years from the author’s death, or in the case of corporations or societies 50 years from first publication.		  
Must a work be fixed in some material form before copyright attaches? YES
 
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power? LIMITED
These safeguards do not exist in the copyright law, and Argentina's 1999 competition law has not been used against IP holders. Its patent law does include provision for compulsory licensing in cases of non-exploitation and anti-competitive practices.		  
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? YES
The Constitution literally guarantees freedom of political speech, which could in appropriate cases prevail over copyright law.		  
Does the compilation of a database of non-original material fall outside the scope of copyright? NO
 
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them? YES
 

Freedoms to access and use

By Home UsersIs time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? NO
 
 Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? LIMITED
Only one copy from the original software as a backup in case of damage, where the user has paid for the licence.		  
 Can works be communicated to a limited public (for example, family and friends) without infringing copyright? NO
 
 In any other cases may reproductions be made on a private, noncommercial basis, for example through peer-to-peer file sharing? NO
 
 Are blank media and computer hardware sold free of compulsory levies collected for copyright owners? YES
 
For EducationIs reproduction permitted for the purposes of research or study? LIMITED
Reproduction is limited to a number of 1000 words in scientific and literary material, or 8 measures in music, and only the required essential parts.		  
 Is it permissible to copy an entire work and to make any number of copies? NO
 
 Does any such research and study provision cover distance and online education? NO
 
 May translations of works be made for educational purposes? NO
 
 May works be reproduced and published by educational institutions in connection with systematic instructional activities? NO
 
OnlineIs hyperlinking to a Web site allowed without permission of the site's owner? NO
 
 Are temporary or transient copies, incidental to a lawful use, excepted from copyright? NO
 
 Is caching of Web content permitted? LIMITED
It is believed to be permitted if the content is openly accessible.		  
 Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances? NO
There is no specific provision on ISP liability.		  
 Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material? YES
 
 Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs? YES
By a recent judicial Act of the Supreme Court.		  
By content creatorsCan a recording or performance of a musical work be made under compulsory license from the composer? NO
 
 Can copyright works be non-commercially remixed or mashed up into new works? NO
 
 May computer software be reverse engineered for the purpose of creating interoperable software? NO
 
 Is the incidental inclusion of a work in other material permitted? LIMITED
As a quotation and indicating the author and the original source.		  
 Is there are copyright exception for parody or satire? NO
 
 Is there a copyright exception for professional advice? NO
 
 Do creators who license their work retain the moral right of attribution? YES
 
 Does copyright law contain provisions regarding traditional knowledge/folklore? NO
 
By the pressIs there a copyright exception for the news of the day? YES
 
 May copyright material be reproduced for the purposes of review and criticism? LIMITED
Only 1000 words and 8 measures where indispensable and not constituting the substantial part of the work.		  
 May political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose? NO
Except by news journals.		  
 May quotations be used for any purpose? NO
As above and only for educational or scientific purposes.		  
By LibrariesMay libraries copy works that cannot reasonably be obtained commercially? NO
 
 May libraries copy works for users for the purpose of research or study? NO
 
 Is the reproduction of unpublished works by libraries permitted? NO
 
 Are libraries allowed to make preservation or archive copies of materials in their collections? NO
 
By disabled usersIs it permissible to copy or adapt work for the use of those with disabilities? LIMITED
Only by authorized institutions.		  
In public affairsAre laws excluded from copyright? YES
 
 Are other governmental works excluded from copyright? YES
Judicial Acts, for example.		  
 Is there a copyright exception for use of material in judicial proceedings? NO
 

Freedoms to share and transfer

May copyright works be freely offered for commercial rental? LIMITED
Provided that title, shape and content are not changed. Specifically for software and music, the terms of the licence of reproduction and/or use must be complied with.		  
May a person in lawfully possession of a copyright work distribute, communicate or make it available without reference to the copyright owner? NO
 
May works be dedicated to the public domain without legal formality besides an overt act of relinquishment? YES
 
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain? YES
Orphaned works are considered released into the public domain.		  
Is parallel importation permitted? YES
 
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy? NO
 
Are there incentives for the use, production and dissemination of open access material (e.g. textbooks) within copyright law or elsewhere in national law / policy? NO
 

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? $30.000 (Argentine money), or imprisonment for up to 6 years or both  
What is the maximum penalty for copyright infringement for a corporation? Not limited  
Is registration of copyright required before it may be enforced in court? YES
 
Is there a distinction between personal versus (large-scale) commercial use? NO
But courts penalise commercial scale infringement more heavily.		  
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for purposes that would not infringe copyright? NO
 
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright? NO
 
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material? NO
But Consumer’s Law protects the right of information generally.		  
Are the operations of copyright collectives subject to public oversight? NO
 
Is any portion of the revenues of copyright collectives set aside for benevolent purposes? YES
They are operated in benefit of the National Fund of Arts.		  
Are copyright collectives precluded from using their revenues for political lobbying? YES
 
Is copyright enforced only through mechanisms provided by law, rather than through private intermediaries? YES
 
Is the enforcement of copyright restricted to civil or private law, rather than attracting criminal sanctions? NO
 
Are damages for copyright infringement based on the loss sustained, rather than by a preestablished or statutory damages award? YES
Damages for infringement are based on the loss sustained and include the reparation of both property and moral damage.		  
Is there provision to penalise the wrongful allegation of copyright infringement? YES
In the criminal law.		  

Conclusions

The Argentinean copyright system is very restrictive, not including exceptions for personal or familiar reproduction of music, movies and backups, or for educational purposes. Only the Courts make a distinction between personal use and profit purposes in penalising infringement.

The cost of original software makes it inaccessible for consumers and the only option they have is to buy it in black markets. The prevalence of such markets has made Argentina vulnerable to criticism from developed country rights holders. On the positive side, the Argentinean legislature has resisted the introduction of new legislation that would have strengthened criminal enforcement of intellectual property rights.

There is not much awareness within Argentina about IP alternatives such as open source and open access licensing.

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