Commons talk:Copyright rules by territory/Ecuador

This talk page may have a limited number of watchers. Issues concerning the copyright rules of Ecuador may get more attention if a notice of the discussion here is given at a general page like Commons:Village pump/Copyright.

NOP

Added a note regarding coats of arms, flags and other emblems, clarifying they are not public domain by default but they may be in the public domain if the corresponding act enacting such symbol is found. Bedivere (talk) 19:41, 15 March 2024 (UTC)

Requires Update

In 2018 the legal statutes have been updated. This should be updated with

In the CÓDIGO ORGÁNICO DE LA ECONOMÍA SOCIAL DE LOS CONOCIMIENTOS, CREATIVIDAD E INNOVACIÓN (ORGANIC CODE OF THE SOCIAL ECONOMY OF KNOWLEDGE, CREATIVITY AND INNOVATION) which regulates IP in Ecuador. — Preceding unsigned comment added by HarveyPrototype (talk • contribs) 20:10, 28 May 2024 (UTC)

@HarveyPrototype I only updated two sections: background and FoP. As the only available copy at WIPO Lex is in Spanish, I cannot immediately determine if the law has retroactove effect to actions made before the change in copyright law (I only used Google Translate mobile app in undertaking tedious translation). The possible conflict between the Ecuadorian and Andean Community FoP must be discussed too; although it has been a consensus here that the Andean decision is binding in all of its constituent members (which includes Ecuador), a real-life FoP-related court case in Colombia (another Andean member) states that the clauses in the decision are too general and too open, in that individual states have the right to regulate such provisions in their internal laws (see Commons:Deletion requests/Files in Category:Sculptures in the Museo Botero (Bogotá)). JWilz12345 (Talk|Contrib's.) 23:19, 28 May 2024 (UTC)

Thank you.

Under this consideration shouldn't the pictures in Category:Ecuadorian FOP cases/delted be reconsidered since they fall under {{FoP-Ecuador}}? HarveyPrototype (talk) 01:23, 29 May 2024 (UTC)

@HarveyPrototype: not sure. In fact, perhaps the opposite may happen. See my recent finding at Commons:Village Pump/Copyright (let's focus FoP-related thing there). Anyway, I added a bit about the 1976 law that was repealed by the 1998–2014 law; 1976 law apparently provided 50 years p.m.a. as per this WIPO-published study. Fortunately, the 1998 law did not restore copyrights to works that were already in public domain by that time, but there is a chance of interaction with the U.S. law (COM:URAA). This policy page of Ecuador definitely needs more expansion as well as update. You are free to make such additions, actually. JWilz12345 (Talk|Contrib's.) 19:13, 29 May 2024 (UTC)

Also, the text of the 1976 law should be revisited to determine if it did require registration for works to be copyrighted or not. Also, was architecture included among the protected works? If so, then unfortunately, I am seeing possible deletions of images of many landmarks of Ecuador, thanks to the restrictive FoP rules of Ecuador (either in the repealed 1998 law or in the current 2016 law). JWilz12345 (Talk|Contrib's.) 19:27, 29 May 2024 (UTC)

Hello @JWilz12345

I think I'm the one that's a bit lost on the discussion. Why are the FoP rules of Ecuador restrictive? When I read them them the appear to be quite permisive. HarveyPrototype (talk) 19:47, 29 May 2024 (UTC)

Let's confine the FoP-related discussion to VPC to avoid confusion on where to discuss those things. JWilz12345 (Talk|Contrib's.) 20:09, 29 May 2024 (UTC)

Agreed HarveyPrototype (talk) 23:50, 2 June 2024 (UTC)