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Copyright Law Of Argentina
The basic copyright law of Argentina is ''Law No. 11.723 of September 28, 1933, on Legal Intellectual Property Regime (Copyright Law, as last amended by Law No. 26.570 of November 25, 2009)''. History Copyright law in Argentina was first introduced by the 1853 Constitution of Argentina. The article 17º states that "''Every author or inventor is the exclusive owner of his work, invention or discovery, for the term granted by law''". Juan Bautista Alberdi intended for the copyright term to be indefinite, but during the writing of the Constitution it was decided to give a time limit, as done in Chile and the United States. The enactment of the Constitution was followed by the Law 111, but it was a patent law and had no mention to artistic works. However, despite the lack of a specific copyright law, jurisprudence would usually still grant copyright protection based in the Constitutional article alone. For example, there was a trial about an unauthorized edition of José Hernández's ' ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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Constitution Of Argentina
The Constitution of the Argentine Nation ( es, Constitución de la Nación Argentina) is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional assembly which gathered in Santa Fe; the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957 (which mainly repealed the 1949 reform), and the current version is the reformed text of 1994. The Argentine Constitution consists of a preamble and two normative parts: * Preamble * First part: Declarations, Rights and Guarantees (arts. 1-43) * Second part: Authorities of the Nation (arts. 44-129). The following international human rights instruments —treaties and declarations— also have constitutional status by virtue of article 75 paragraph 22: * American Declaration of the Rights and Duties of Man * Universal Declaration of Human Rights * American Convention on Hum ...
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Juan Bautista Alberdi
Juan Bautista Alberdi (August 29, 1810 – June 19, 1884) was an Argentine political theorist and diplomat. Although he lived most of his life in exile in Montevideo, Uruguay and in Chile, he influenced the content of the Constitution of Argentina of 1853. Based on his liberal and federal constitutional ideas, Alberdi at the same time tried to satisfy contrary social interests and establish a balance between national political centralization and provincial administrative decentralization: considering that both solutions would contribute to the consolidation and development of the original being of the single nation. Biography Early life Juan Bautista Alberdi was born in San Miguel de Tucumán, capital city of the Tucumán Province, Argentina, on August 29, 1810. His father, Salvador Alberdi, was a Spanish Basque merchant; his mother, Josefa Aráoz y Balderrama, had been born into an Argentine family of Spanish descent. She died as a result of Juan Bautista's birth. Salvador Alb ...
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Patent Law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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José Hernández (writer)
José Hernández (born José Rafael Hernández y Pueyrredón; November 10, 1834 – October 21, 1886) was an Argentine journalist, poet, and politician best known as the author of the epic poem ''Martín Fierro''. Biography Hernández, whose ancestry was Spanish, was born on a farm near San Martín (Buenos Aires Province). His father was a majordomo or foreman of a series of cattle ranches. His career was to be an alternation between stints on the ''Federal'' side in the civil wars of Argentina and Uruguay and life as a newspaperman, a short stint as an employee of a commercial firm, and a period as stenographer to the legislature of the Confederation. Hernández founded the newspaper ''El Río de la Plata'', which advocated local autonomy, abolition of the conscripted "frontier contingents", and election of justices of the peace, military commanders, and school boards. He opposed immigration, because he believed it undermined the pastoral foundation of the region's wealth. H ...
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Martín Fierro
''Martín Fierro'', also known as ''El Gaucho Martín Fierro'', is a 2,316-line epic poem by the Argentine writer José Hernández. The poem was originally published in two parts, ''El Gaucho Martín Fierro'' (1872) and ''La Vuelta de Martín Fierro'' (1879). The poem supplied a historical link to the gauchos' contribution to the national development of Argentina, for the gaucho had played a major role in Argentina's independence from Spain. The poem, written in a Spanish that evokes rural Argentina, is widely seen as the pinnacle of the genre of "gauchesque" poetry (poems centered on the life of the gaucho, written in a style known as ''payadas'') and a touchstone of Argentine national identity. It has appeared in hundreds of editions and has been translated into over 70 languages. ''Martín Fierro'' has earned major praise and commentaries from Leopoldo Lugones, Miguel de Unamuno, Jorge Luis Borges (see also Borges on Martín Fierro) and Rafael Squirru, among others. The Ma ...
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Argentina Centennial
The Argentina Centennial was celebrated on May 25, 1910. It was the 100th anniversary of the May Revolution, when viceroy Baltasar Hidalgo de Cisneros was ousted from office and replaced with the Primera Junta, the first national government. Context The year of 1910 was considered quite positive for Argentina, when the last century was seen in retrospective. Argentina had a well-established state, with no inner conflicts and national limits delimited. Besides, the main institutions –Army, public schools, post service, among others– were efficient. Through them the Government could advance to a vigorous nation, driven by the immigration, the growth of the agriculture and cattle and the external trade. People trusted the state even to mediate conflicts."El espejo lejano del primer Centenario" ...
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Copyright Law By Country
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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