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In Guatemala City, as well as throughout the rest of the country, copyright law protects literary and artistical works. These protections extend to books, music, paintings, sculptures, films, and computer programs. Copyright law in Guatemala is in line with the Berne Convention for the Protection of Literary and Artistic Works, granting authors exclusive rights to authorize or prohibit the use of their works.
Although copyright protections are automatically granted once a work is created, enforcing these rights can be complex. A lawyer can provide assistance in cases where someone is using your work without authorization, copying your work, or distributing it without your permission. Lawyers can also help in registering your works, ensuring your rights are protected and setting up licensing contracts.
The key document concerning copyright law in Guatemala is the Law on Copyright and Related Rights. This law covers works that are artistic, literary, scientific or technical in nature. It also provides specific protections for databases, computer programs, and original adaptations. Copyright protection lasts for the life of the author and for 75 years after their death in Guatemala. One particular aspect of Guatemalan copyright law is the legal recognition of moral rights, which are rights related to the creator's reputation and dignity.
All original works of literature, science, and art are covered by copyright protection. This includes but is not limited to books, film, photography, paintings, music, sculptures, and computer software. Additionally, adaptations of these original works are also protected by copyright.
The duration of copyright protection in Guatemala lasts for the lifetime of the author, plus an additional 75 years after their death.
Though automatic upon creation, copyright registration of works with the Intellectual Property Registry provides additional legal security and public recognition. Thus, it can be beneficial to register your work.
If your copyrighted work is used without your permission, copyright law provides you with the right to seek legal remedy. This can result in the prohibition of the use of your work, removal of the unauthorized work from circulation, or damages for financial loss.
Moral rights are related to the reputation and honor of the creator. They are independent of economic rights and are not transferable, unlike economic rights under copyright law.
The National Office of the Registrar of Intellectual Property can assist those requiring more information or guidance on copyright matters. Local law firms specializing in intellectual property law can also serve as valuable resources.
If you are faced with a copyright issue, consider seeking a professional opinion from a local attorney specialized in intellectual property law in Guatemala. They can guide you through the process of registering your works, address any infringement issues you may encounter, and develop strategies to protect your intellectual property rights.
