Commons talk:Copyright rules by territory/Argentina

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Clarification on photograph copyright term

Regarding the copyright term of photographs, this page says 20 years after publication while {{PD-AR-Photo}} also adds 25 years after creation. As far as I can tell, the mismatch is because Argentinian law specifies the 20 year term (11.723/2009 Article 34, while the Berne Convention says:

It shall be a matter for legislation in the countries of the Union to determine the term of protection of photographic works and that of works of applied art in so far as they are protected as artistic works; however, this term shall last at least until the end of a period of twenty-five years from the making of such a work. (Article 7, Section 4)

That condition should be clarified on this page since it's not clear from reading it why the conditions should be 25 years after creation AND 20 years after publication unless you go digging into the laws, as above. clpo13_(talk) 20:48, 4 January 2019 (UTC)

• I have made that clarification. The Berne convention implies that the photo must pass the threshold of originality, but Argentine law does not seem to discuss that, so it is safest to assume all photos are covered. Aymatth2 (talk) 21:13, 4 January 2019 (UTC)

Clarification on government emblems

According to PD-AR-Gov "works created and regulated by National or Provincial Governments of Argentina, such as official symbols or emblems" are PD. But then the article also says "The ownership of anonymous intellectual works belonging to institutions, corporations or legal persons shall last for 50 years from the date of publication of those works." The government of Argentina is an institution." Which, I assume, means that copyright for works created by the government lasts for 50 years after the date of publication. Does anyone know which one is "correct"? --Adamant1 (talk) 17:23, 1 June 2022 (UTC)

{{PD-AR-Gov}} is deprecated. There was a confusion between the Intellectual Property Law 11.723 that, as you stated, has no provision for government symbols, and the Trademark Law 22.362 that states that governmental institutions among others cannot register their names, symbols, etc as trademarks. The full discussion is here: Commons:Village_pump/Copyright/Archive/2022/12#Argentine_laws_and_PD-AR-Gov. Günther Frager (talk) 08:49, 5 July 2024 (UTC)

Berne Convention duration for photographs

According to the Argentine law the protection for photographs is 20 years after publication and the Berne Convention requires 25 years protection after creation. I investigated how Argentina implemented the Berne Convention and I reached the conclusion that the 25 years protection from Berne Convention was never part of Argentine legislation and thus we should not enforce it. See the following chronology:

• Argentine Law 11.723 (Setptember 1933) [1]: In its article 34 establishes the protection of photographs to 20 years after first publication.
• Brussels Act (June 1948) [2]: The article 7(3) established that the protection for cinematographic and photographic works is determined by the countries of the Union. That is, there is no minimum term.
• Argentine Law 17.521 (May 1967) [3]: It amended Law 11.723 adhering to the Berne Convention (Brussels Act).
• Stockholm Act (July 1967) [4]: Article 7(4) establishes a minimum protection of 25 years after creation for photographs. However, there is a special provisions for developing countries. The article 1(a) of the Protocol Regarding Developing Countries allows to modify the 25 years term of article 7 to any duration as long as it is 10 years.
• Berne Notification No. 29 (July 1971) [5]: Argentina avails Article 38(2) of the Stockholm Act. This article makes Argentina adhere to articles 22 to 26, but not to the others. These articles are about the organization, not about copyright.
• Paris Act (July 1971) [6]. The article 7(4) is not modified. Thus protection for photographs is 25 years after creation. The Appendix I gives special provisions for developing countries, but there is nothing about shorter protection periods.
• Berne Notificatoin No. 99 (July 1980) [7]: Argentina using article 28(1)(b) of the Paris Act adheres only to the articles 22 to 38. Again these articles are about the organization and not about copyright.
• Argentine Law 25.140 (September 1999) [8] It amended Law 11.723 to the Berne Convention (Paris Act). However, the article 9 says that the article 7(4) is not implemented: «Respecto de las obras fotográficas, las Partes Contratantes no aplicarán las disposiciones del Artículo 7.4) del Convenio de Berna.»
• Berne Notificatoin No. 212 (November 1999) [9]: Argentina adheres to articles 1 to 22 of the Paris Act and it enters into force in February 19, 2000.

All in all, Argentina entered the Berne Convention in 1967 under the Brussels Act that doesn't impose a minimum protection for photographs; It never adhered fully to the Stockholm of 1967; And it implemented the Paris Act of 1971 very late in 1999 with an explicit clause not to implement article 7(4) that imposes a minimum protection for photographs. This implies that protection for photographs was always 20 years and in particular this is the term we should apply to URAA restorations.

If there is no objections or comments we should modify the information in the article COM:Copyright rules by territory/Argentina and the template {{PD-AR-Photo}}. Afterwards, we may undelete photos published in Argentina between 1971 and 1975 that are in the category URAA-related deletion requests/deleted. Günther Frager (talk) 20:52, 16 September 2024 (UTC)

There are no objections from my part so the explanation has been very clear and descriptive enough. As the template {{PD-AR-Photo}} is currently blocked, a request to an admin should be done to change the license information there (maybe through Commons:Administrators' noticeboard? I'm not sure...)

This new period of copyright extension would allow contributors to reuse a lot of files previously deleted, recovering visual information about some of the most important periods in the history of Argentina (p.e. the death and funerals of Juan D. Perón, the attacks from terrorist organisations, as well as photographs of notable films, tv programmes and sporting events of those times). I'm sure user @Günther Frager: will find the way to make this sort out as soon as possible :-) Fma12 (talk) 09:41, 18 September 2024 (UTC)