Protecting Your Creative Legacy
In Costa Rica, copyright and related rights are regulated under the Copyright and Related Rights Law, Law No. 6683, which establishes the legal framework for the protection of intellectual creations.
All copyright matters are handled before the Copyright and Related Rights Registry, which is part of the National Registry of Costa Rica.
The hierarchical superior of the Registry is the Administrative Registry Court, whose decisions can only be challenged in court.
The services we offer:
Registration of Copyright Works: While copyright protection arises automatically upon creation of an original work, voluntary registration before the Copyright and Related Rights Registry provides additional legal certainty and facilitates the enforcement of rights. This applies to literary, artistic, musical, audiovisual, and software works, among others.
Assignment and Transfer of Rights: Copyrights can be assigned, transferred, or licensed. These agreements must be formalized in writing and can be registered before the Copyright and Related Rights Registry to ensure their enforceability against third parties.
Economic Rights and Licensing: Authors and copyright holders have exclusive economic rights over their works, including reproduction, distribution, public communication, and transformation. These rights may be licensed under different contractual agreements, such as exclusive or non-exclusive licenses.
Duration of Copyright Protection: In Costa Rica, copyright protection generally lasts for the life of the author plus 70 years after their death. For collective or anonymous works, the protection lasts for 70 years from the date of publication.
Related Rights: In addition to authors, performers, producers of phonograms, and broadcasting organizations also enjoy protection under related rights, which grant them exclusive control over the use of their performances, recordings, and broadcasts.
Enforcement and Legal Actions: Costa Rican law provides mechanisms to combat copyright infringement, including:
(i) Civil actions for damages: Right holders can file claims for damages resulting from unauthorized use of their works.
(ii) Criminal complaints: Counterfeiting, unauthorized reproduction, and distribution of protected works may constitute criminal offenses under Costa Rican law.
(iii) Precautionary measures: Right holders can request precautionary measures, such as seizure of infringing materials, to prevent further violations.
Protection of Software and Databases: Software programs are protected as literary works under Costa Rican copyright law, and databases may also be protected if they constitute original intellectual creations in their selection and arrangement of data.
In addition to the local regulations, Costa Rica is signatory to several international agreements, including the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty, ensuring protection for foreign works and recognition of Costa Rican copyrights in other jurisdictions.
