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DEFINITION
The National Copyright Directorate is an entity of the Colombian
Government that possesses a juridical structure of a Special Administrative
Unit attached to the Ministry of Interior and Justice.
The National Copyright Directorate is the institutional entity
in charge of designing, directing, administrating and executing
the governmental policies on copyrights and related rights. As
such, it possesses the institutional appeal to strengthen the
due and adequate protection of the several copyright and related
rights owners, contributing to the training, development and support
of a national culture of respect to the rights of various authors
and owners of literary and artistic works.
Within this environment, the institutional action of the National
Copyright Directorate involves the study and issuance process,
of our country’s authorial law, as well as the adhesion
to the main international treaties regarding copyright and related
rights.
Likewise, the National Copyright Directorate actively participates
in all commercial negotiation processes being carried out by our
country both in the bilateral and multilateral levels, in which
issues on copyright and related rights are being discussed.
The National Copyright Directorate administers the National Registry
of Copyright, which aims the record of all types of works in the
artistic and literary fields, such as acts and contracts related
to the transfer or change of owner of such; all with the purpose
of granting a publicity title and juridical security to the diverse
owners in this special field of law.
INSTITUTIONAL MISION
AND VISION
Strengthen the due and adequate protection of the owners of copyright
and related rights contributing to the development of a national
culture of respect to the rights of various authors and owners
of literary and artistic works.
We inculcate the notion of copyright as a new concept of richness
that generates employment, promotes the development of the nation,
protects the creation of literary and artistic works that contribute
to exalt the culture, knowledge, art, entertainment and the quality
of life, and responds to the challenges imposed by the technological
advances.
We convert knowledge into chances training the employees of this
entity to be promoters and spreaders of the respect to copyright
and related rights.
For this purpose we constitute strategic alliances, both nationally
and internationally, with the public and private sectors, to make
real a cultura of respect to copyright and related rights.
VISION
To position itself as a dynamic and recognized entity that contributes
permanently to the full force of the respect to copyright and
related rights in Colombia.
OBJECTIVES
AND FUCTIONS
To contribute to the Colombian State’s essential purposes,
by means of the design, direction, administration and execution
of the Government’s politics regarding copyrights and related
rights, guaranteeing the protection of the rights of authors and
owners of literary and artistic works, contributing to the creation
of a culture of respect of such rights and promoting a propitious
for the creation and dissemination of new works as expression
of the economic, artistic and cultural development of the country.
FUNCTIONS
Decree
2041 of 1991, appoints the National Copyright Directorate the
following institutional tasks:
1. To design, manage and execute the government politics regarding
copyrights and related rights;
2. To manage the national registry of literary and artistic works
and acts or contracts related to copyright and related rights;
3. To perform the faculty of inspection and vigilance of the copyright
and related rights collective management societies;
4. To advise the adhesion and procure the secure of the ratification
and “application” of international treaties on copyrights
and related rights;
5. To issue the necessary decisions with the purpose of complying
international agreements on copyrights and related rights;
6. To train and disseminate the knowledge of copyrights and related
rights.
ENTITIES
ATTACHED TO THE MINISTRY OF INTERIOR AND JUSTICE
Ministry
of Interior and Justice, Address: Carrera 9a. No. 14-10, D.C.
- Bogota D.C., PBX (+57) 444 31 00, http://www.mininteriorjusticia.gov.co
Correctional and Jail National Institute, INPEC, Address: Calle
26 No. 27-48 Bogotá D.C., PBX (57) 2347474 / 2347262, http://www.inpec.gov.co
Narcotics National Directorate, Address: Calle 53 No. 13 - 27
Bogotá D.C., Telephone: 4870088 – Customer support
line: 018000519450 - Fax: 3484317
Superintendence of Civil Records and Records of Deeds, Calle 26
No. 13-49 Interior 201 Bogotá D.C., PBX 328 2121 Bogota
D.C., Colombia, http://www.supernotariado.gov.co
National Printing Office of Colombia, Carrera 66 No.24 -09 Bogota
D.C., PBX 4578000 Fax 4578037, http://www.imprenta.gov.co
PROCEDURES
AND SERVICES
Services Portfolio
- National
Registry of Copyrights
Is a service rendered by the State through the National Copyright
Directorate, aimed to provide publicity, to grant legal certainty
and authenticity to the rights of authors, artist (performers),
producers of phonograms and broadcasting organizations and their
successors; as well as to the contracts that assign copyrights
and other legal acts related to this type of prerogatives.
The following works, performances, phonograms, broadcastings and
legal acts may be registered in the National Registry of Copyrights:
1.
Literary and artistic works, which include written expressed works,
musical compositions with or without words, dramatic o dramatico-musical
works, choreographic works and entertainments in dumb show, cinematographic
works and other audiovisual works expressed by any means, works
of fine arts, works of architecture, photographic works, works
of applied arts, software, anthologies and the original and characteristic,
within others.
2.
Phonograms and other sound recordings.
3. Acts by means of which copyrights and related rights are transferred,
as well as any other act or contract related to these types of
faculties.
The recordals in the National Registry of Copyrights may be done
in two manners:
• The first is to file physically an application in our
offices located in Bogota. For that purpose you must download
the corresponding form from our website, and fill it according
to the instructions described therein.
•
However, besides the physic registry, since 2006, the National
Copyright Office renders an On-Line Registration service, which
is pioneer worldwide and worthy of multiple acknowledgements.
To take advantage of this service, enter our website: www.derechodeautor.gov.co
<http://www.derechodeautor.gov.co/>
where you will find an option of On-Line Registration and follow
the instructions that the system shows, to carry out your application.
Please bear in mind that the on-line and physical registration
procedure is for free and takes 15 working days.
In compliance with our institutional mission, we structured a
complete training program on copyright and related rights, by
means of which training is offered to all institutions that are
part of the public power, private companies, academic institutions
and in general, to all Colombian citizens as potential creators
of works, users and consumers of goods protected by copyrights
and related rights.
Training is offered for free, the interested one must guarantee
a minimum audience of 25 persons and its scheduling will depend
on the timeline of activities established by the Entity.
Such schedule has as basic knowledge module, the address of the
following issues:
•
Basic issues on copyrights;
• Basic issues on related rights;
• Contractual situations on copyrights and related rights;
• Copyright and related rights collective management;
• Civil and criminal issued of copyrights and related rights;
• Workshop on registration of works and contracts;
• Workshop on cases regarding copyrights and related rights;
• Specific issues related to copyright: software, data bases,
handcrafts, photography and the university field, within others.
We have an excellent team of trained professionals and employees,
permanently ready to serve telephone and personal inquiries related
to copyrights and related rights, in a schedule form 8:30 A.M.
a 5:00 P.M., without break from Monday to Friday.
-
Inspection and vigilance of the collective management societies
The collective management societies, authorize the legal use of
works, performances and phonograms, by means of the grant of licenses.
In this manner, on behalf of the owners of copyrights and related
rights, these societies collect and distribute the economic content
of their rights, in view of the practical impossibility for these
owners to carry out this task in an individual way.
Who manage collectively these rights?
The collective management is carried out by the owners of copyrights,
performers and producers of phonograms.
Requirements to constitute a collective management society
In order to serve and carry out the collect and distribution of
economic rights to their associates, collective management societies
must obtain the legal status and the operation authorization from
the National Directorate of Colombia.
Who
watches them?
Colombian
Copyright Laws have granted to the National Copyright Directorate
of the faculty to inspect and watch these type of entities, aiming
to achieve that they adjust all their aspect of their social life
to law; in order to achieve a pacific and transparent management
of the copyrights and related rights, in the interest of its owners
and of the users of works and artistic performances, phonograms
and broadcastings.
Laws that regulate the collective management in Colombia
Andean Community Decision 351 of 1993
• Act 23 of 1982
• Act 44 of 1993
• Decree 162 of 1996
Documentation Centre
Supporting the work of researchers, students, specialized lawyers
and of the public in general interested in the authorial matters,
the “Arcadio Plazas”, offers the following services:
• Search with personalized service, advice, bibliographic
orientation and access to documents.
• Reading room located in our facilities, from Monday
to Friday, from 8:30 a.m. to 5:00 p.m.
• Preparation of selective bibliography by matter of consult.
• Bibliographic consult through our website www.derechodeautor.gov.co
and anticipated document book, so the user schedules the date
of attendance to our reading room.
LAW
• Article 61 of the National Constitution of Colombia
• Andean Community Decision 351 of 1993
• Act 23 of 1982 “On copyrights”.
• Act 232 of 1995 “By means of which regulations for
the operation of business establishments are enacted”
• Act 44 of 1993 “By means of which Act 23 of 1982
is modified and added and Act 29 of 1944 is modified”.
• Act 603 of 2000, “By means of which article 47 of
Act 222 of 1995 is modified”.
• Act 599 of 2000, “By means of which the Penal Code
is issued (articles 257, 270, 271 and 272)”.
• Decree 4835 of 2008, “By means of which the structure
of the National Copyright Directorate is modified and other provisions
are enacted”.
• Decree 4834 of 2008, “By means of which the staff
of the National Copyright Directorate is amended”.
• Decree 1879 of 2008, “By means of which Act 232
of 1995; article 27 of Act 962 of 2005; and articles 46, 47 and
48 of Law-Decree 2150 of 1995 are amended, and other provisions
are issued”.
• Decree 1070 of 2008 “By means of which article 26
of Act 98 of 1993 is regulated”.
• Decree 4540 of 2006 “By means of which customs control
are adopted to protect Intellectual Property”.
• Decree 2041 of 1991 “By means of which the National
Copyright Directorate is created as a Special Administrative Unit,
its organic structure is established and its functions are determined”.
• Decree 1360 of 1989 “By means of which the recordal
of software before the National Registry of Copyrights is regulated”.
• Decree 162 of 1996 “By means of which Andean Decision
351 of 1993 and Act 44 of 1993 are regulated, regarding Collective
Management of Copyrights and Related Rights”.
• Decree 460 of 1995 “By means of which the National
Registry of Copyrights is regulated and de Legal Deposit is regulated”
RESOLUTIONS
Resolution
112 of 2008 “By means of which guidelines for the registration
of works, performances, phonograms, broadcastings, contracts and
the other acts in the National Registry of Copyrights, are established”.
Resolution No. 152 “By means of which the Handbook of Good
Accountant Practices for the Collective Management of Copyright
and Related Rights Societies is issued”.
INTERNATIONAL
CONVENTIONS
Berne Convention for the Protection of Literary and Artistic Works
Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations
ADPIC
International Registration of Audiovisual Works Treaty
WIPO Performances and Phonograms Treaty, Act 545 of 1999
WIPO Copyright Treaty, Act 565 of 1999
BILLS OF LAW
1. Bill of Law 021 of 2007, Chamber, 256 of 2008, Senate
“By means of which politics are fixed and criteria for the
management and acquisition of software by the State are established”.
Status: Pending the presentation of the paper for first debate
before the Sixth Commission of the Senate of the Republic.
2. Bill of Law 58 of 2007, Senate. 228 of 2008, Chamber
“By means of which article 164 of Act 32 of 1982 is modified”.
Status: Pending of the presentation of the paper for first debate
before the First Commission of the Chamber. Likewise, there is
a petition of the H.R. Carlos Piedrahita in order to carry out
a public hearing about the content of the legislative initiative.
3. Bill of Law 60 of 2008, Senate, Accumulated with Bill of Law
092 of 2008, Chamber
“By means of which provisions about the boost to Colombian
music are enacted”. “By means of which National Music
is boosted and other provisions are enacted”.
Status: Pending of the presentation of the paper for first debate
before the Sixth Commission of the Senate.
4.
Bill of Law Ley 070 of 2008, Chamber
“By means of which some articles of Act 23 of 1982 are modified”
Status: Pending of the discussion of the paper for first debate
before the Firts Commission of the Chamber.
5. Bill of Law 011 of 2008 Chamber
“By means of which the National Police Code (Coexistence
Code)”
Status: Pending of a discussion in first debate before the First
Commission of the Chamber.
6. Bill of Law 157 of 2008, Chamber
“By means of which Act 23 of 1982 on copyrights is added,
a remuneration for public communication to performers of audiovisual
works and recordings is established” or “Fanny Mikey
Act”.
Status: Pending of the presentation of the paper for first debate
and of the fulfillment of public hearing before the First Commission
of the Chamber, which was requested by a citizen.
7.
Bill of Law 164 of 2008, Senate
“By means of which the “Convention relating to the
Distribution of Programme-Carrying Signals Transmitted by Satellite,
done at Brussels on May 21, 1974” is approved.
Status: Paper filed on December 12, 2008. Pending of discussion
on first debate, before the Second Commission of the Senate.
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