TYPES OF INTELLECTUAL AND ARTISTIC WORKS
I. Literary and Scientific Works
Art. 2. The following are literary and scientific works:
- Works that are expressed by language and writing in any form, and computer programs expressed in any form together with their preparatory designs, provided that the same leads to a computer program at the next stage.
- All kinds of dances, written choreographic works, pandomime and similar theatrical works without dialogue;
- All kinds of technical and scientific photographic works, all kinds of maps, plans, projects, sketches, drawings, geographical or topographical models and similar works, all kinds of architectural and urban designs and projects, architectural models, industrial, environmental and theatrical designs and projects, lacking in aesthetic quality.
Ideas and principles on which any element of a computer program is based, including those on which its interfaces are based, are not deemed works.
II. Musical Works
Art. 3. Musical works are all types of musical compositions, with or without lyrics.
III. Works of Fine Arts
Art. 4. Works of fine arts are the following works, which have aesthetic value:
- Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar
- Sculptures, reliefs and carvings;
- Architectural works;
- Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs;
- Photographic works and slides;
- Graphic works;
- All kinds of personifications.
The use of sketches, drawings, models, designs and similar works as industrial designs does not affect their status as intellectual and artistic works.
IV. Cinematographic Works
Art. 5.Cinematographic works are works such as films of an artistic, scientific, educational or technical nature or films recording daily events or movies, that consist of a series of related moving images with or without sound and which, regardless of the material in which they are fixed, can be shown by the use of electronic or or mechanical or similar devices.
ADAPTATIONS AND COLLECTIONS
Art. 6. Intellectual and artistic products created by benefiting from another work but that are not independent of such work are adaptations, of which the main types are listed below:
- Converting a work like novel, story, poem or play, from said types to another type;
- Converting musical works, literary and scientific works or works of fine arts into films, or converting them into a form which is suitable for filming or for broadcasting by radio and television;
- Musical arrangements and compositions;
- Transforming works of fine arts from one form to another;
- Making a collection of all or the same type of works of one author;
- Making a collection of selected works according to a specific purpose and in accordance with a specific plan;
- Making an unpublished work ready for publication as a result of scientific research and study (ordinary transcriptions and facsimiles that are not the result of scientific research and study are excluded);
- Annotating, commenting or abridging the work of another person;
- Adaptation, editing or any modification of a computer program;
- Databases obtained by the selection and compilation of data and materials according to a specific purpose and a specific plan, which are in a form that can be read by a device or in any other form (This protection can not be extended to the data and materials contained in the database.) Adaptations bearing the characteristic of the person making the adaptation, which are created without prejudice to the rights of the author of the original work, shall be deemed works under this Law.
D. WORKS MADE PUBLIC AND PUBLISHED WORKS
Art. 7. A work disclosed to the public with the consent of the rightholder shall be deemed to have been made public. A work shall be deemed to have been published, if copies obtained by reproduction of the original are supplied to the public by way of selling, distributing or otherwise putting into commercial circulation with the consent of the rightholder. The provisions of paragraph two of article 3 of the Press Law No. 5680 are reserved.