Copyright

Copyright constitutes a form of intellectual property aimed at protecting creations of the intellect in the scientific, literary, artistic and educational fields. In Argentina, the regime is governed by Law No. 11,723 and applies equally to national and foreign authors, within the framework of applicable international treaties.

The scope of protection is broad and includes, among others, literary, scientific and artistic works, musical compositions, visual and architectural works, computer programs and compilations of data. In general terms, the law protects any original work capable of being reproduced or disclosed by any means.

Although the law does not establish strict formal requirements, legal doctrine and case law have identified originality and expression as essential elements. In this regard, the system protects the manner in which ideas are expressed, but not the ideas, methods or concepts themselves. The regime also recognizes moral rights, which establish a personal and inalienable bond between the author and the work.

The Argentine system is based on the principle of automatic protection, whereby rights arise upon the creation of the work, without the need for prior registration. Nevertheless, registration before the competent authority is advisable in order to facilitate proof of authorship and provide greater legal certainty vis-à-vis third parties.

The legal framework also contemplates certain permitted uses of third-party works, such as quotation for educational or scientific purposes, within reasonable limits and with proper attribution of source and authorship.

Once recognized, copyright grants its holder exclusive rights to authorize the reproduction, distribution, public communication and adaptation of the work, as well as to prevent unauthorized uses. These rights subsist throughout the author's lifetime and continue in favor of their heirs in accordance with applicable legal provisions.

At the international level, the protection of works is ensured through the treaties to which Argentina is a party, allowing for recognition of rights across multiple jurisdictions without the need for additional formalities, without prejudice to the advantages that local registration may provide.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on the protection and management of copyright abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.