Copyright Registration in Argentina

It depends on whether the work has been published and on the applicable procedure. Depositing an unpublished work with the National Directorate of Copyright (DNDA) is generally voluntary. However, Argentine law requires publishers to deposit published works within three months of publication.

Because the applicable rules differ according to the status and type of work, we review each case to identify the appropriate registration or deposit procedure. Argentina’s Copyright Law No. 11,723.

Although copyright registration in Argentina is not mandatory, it is highly recommended. Registering your copyright provides official proof of ownership, which can be invaluable in legal disputes over copyright infringement. It simplifies the process of enforcing your rights in court and can make it easier to claim damages or stop unauthorized use of your work. In Argentina, copyright registration is managed by the National Directorate of Copyright (Dirección Nacional del Derecho de Autor, DNDA), which operates under the Ministry of Justice and Human Rights. By registering your work with the DNDA, you solidify your legal claim to your creation, making it easier to defend your rights both nationally and internationally.

Published works are registered through specific DNDA procedures based on their category, such as literary, artistic, musical, audiovisual or software works. The required documents and number or format of deposited copies vary according to the type of work.

For an unpublished work, authors and copyright owners can use a voluntary deposit-in-custody procedure to establish a record of the work and its authorship. This deposit is valid for three years and can be renewed for additional three-year periods. If it is not renewed, the deposited material is destroyed in accordance with the applicable procedure. DNDA guidance on unpublished works.

To register a copyright in Argentina, you must meet certain requirements and follow a specific process through the National Directorate of Copyright (DNDA). First, you need to submit a formal application that includes detailed information about the work, such as the title, type of work, and the author’s or authors' names. You must also provide a physical or digital copy of the work being registered. Additionally, you will need to present proof of identity (for individuals) or proof of legal representation (for companies) along with the application and signed power of attorney. Foreign owners will need to apply for a CDI identification code in Argentina. A registration fee is required, which varies depending on the type of work and the service requested. Once submitted, the DNDA will review the application, and upon approval, the copyright will be officially registered, providing the legal benefits associated with registration.

Software is recognized as a protected work under Argentina’s Law on Intellectual Property, classified similarly to literary works. This means that the source code, object code, and related documentation of software are protected by copyright in Argentina. When registering software for copyright protection, it is essential to provide the National Directorate of Copyright (DNDA) with a detailed description of the software, including its functionalities and the underlying code if necessary. The registration of software grants the creator or owner the exclusive rights to reproduce, distribute, and modify the software, as well as to prevent unauthorized use by third parties. Given the prevalence of software piracy globally, registering your software in Argentina provides legal grounds to combat unauthorized copying or distribution. Additionally, software developers and companies are encouraged to include licensing agreements and terms of use when distributing software to ensure compliance with their intellectual property rights.

Yes, in Argentina, it is possible and advisable to register contracts related to copyright, such as copyright licenses. Registering these contracts with the National Directorate of Copyright (DNDA) provides legal certainty and makes the terms of the agreement publicly accessible. This can be particularly important in cases of disputes over the scope or validity of a license. The registration of copyright licenses or transfer contracts helps ensure that all parties involved have their rights protected and that the contract's terms are enforceable under Argentine law.

As a general rule, copyright lasts for the author’s lifetime plus 70 years, calculated from 1 January of the year following the author’s death. For jointly created works, the period generally begins after the death of the last surviving co-author.

Different terms apply to certain categories. For example:

• Photographic works are protected for 20 years from first publication.
• Cinematographic works are protected for 50 years after the death of the last legally recognised collaborator.
• Anonymous works owned by institutions or legal entities are protected for 50 years from publication.
• Phonograms and recorded performances are generally protected for 70 years from the year following publication.

The applicable term should therefore be confirmed according to the type of work, authorship and publication circumstances. Argentina’s Copyright Law No. 11,723.

Yes, foreign individuals and companies may be able to register or deposit eligible works in Argentina. Depending on the procedure, the DNDA may request a passport or Argentine identification number, information about the author and owner, and corporate documents if the applicant is a legal entity.

If the application is filed through a representative, an appropriate authorisation or power of attorney may also be required. The precise documentation depends on the type of work, the applicant and the applicable DNDA procedure.