Copyright Law and Penalties for Information System Crimes

Posted on Dec 2, 2024 in Law & Jurisprudence

Chapter II: Law Subjects

Article 6

Only the copyright holder can decide on partial or complete disclosure of the work.

Chapter III: Duration of Protection

Article 10

Protection lasts the author’s lifetime plus 50 years. If the author’s spouse or unmarried/widowed daughters (whose spouse is permanently unable to work) survive, protection extends until the last survivor’s death. This retroactive protection applies to the spouse and daughters.

Chapter IV: Moral Rights

Article 14

The author, as sole owner of moral rights, has the lifelong power to:

  1. Claim authorship (with name or pseudonym).
  2. Object to unauthorized distortion, mutilation, or modification (excluding necessary maintenance, restoration, or remediation).

Chapter V: Property Law, Exercise, and Limitations

Paragraph I: Economic Rights in General

Article 17

Copyright holders can directly use the work, transfer rights, or authorize others to use it.

Article 18

Only the copyright holder or authorized individuals can:

  1. Publish via editing, recording, broadcasting, performance, reading, recitation, exhibition, or other public media.
  2. Reproduce by any means.
  3. Adapt, translate, or transform the work.
  4. Publicly perform via radio, television, recordings, films, or other audio-visual means.

Article 19

Public or private use without express permission is prohibited and subject to civil and criminal penalties.

Article 20

Authorization is granted by the copyright holder through any form of contract.

Paragraph III: Exceptions

Article 38

Unpaid reproduction of fragments for cultural, scientific, or educational purposes is allowed with source attribution.

Article 40

Lectures and speeches can be published for informational purposes but not as separate collections without permission.

Article 41

Academic lectures can be recorded but not published without permission.

Paragraph IV: Copyright Exceptions

Article 47

Non-profit use in family, educational, charitable, or similar settings doesn’t require remuneration or permission.

Penalties for Information System Crimes

Article 1 (Sabotage)

Maliciously destroying, disabling, or interfering with information systems results in imprisonment (medium to maximum degree). If data is compromised, the maximum penalty applies.

  • Presidio lower in its medium degree: 541 days to 3 years
  • Presidio lower in its maximum degree: 3 years and 1 day to 5 years

Article 2 (Espionage)

Intercepting, interfering with, or accessing information systems to improperly obtain information results in rigorous imprisonment (minimum to medium degree).

  • Presidio smaller in extent: 61 to 540 days
  • Presidio lower in its medium degree: 541 days to 3 years

Intellectual Property Law

Article 1

This law protects authors’ intellectual property rights in literary, artistic, and scientific works, regardless of expression. Copyright covers economic and moral rights.

Article 2

This law protects Chilean and foreign authors residing in Chile. Foreign authors not residing in Chile are protected by international conventions. Stateless authors are considered nationals of their country of domicile.

Article 3

Specifically protected works include:

  1. Books, pamphlets, articles, encyclopedias, handbooks, dictionaries, anthologies, and collections.
  2. Photographs, engravings, and lithographs.

Article 4

The title is part of the work and must be mentioned with the author’s name in public use. Misleading titles are prohibited.

Article 5

Definitions:

  • Individual work: Created by one person.
  • Work in partnership: Created jointly by two or more people with inseparable contributions.