Copyright registration in Costa Rica. Costa Rica, officially the Republic of Costa Rica, is a country in Central America. The country has consistently performed favorably in the Human Development Index (HDI), placing 62nd in the world as of 2020, and fifth in Latin America. It also performs well in comparisons of the state of democracy, press freedom, and subjective happiness. It has the 7th freest press according to the Press Freedom Index, it is the 37th most democratic country according to the Freedom in the World index and it is the 12th happiest country in the World Happiness Report. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Costa Rica.
Copyright in Costa Rica
Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.
The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.
Accordingly, whether registered or not, the copyright to the work will still be protected. However, copyright registration is still advised because early registration will give the author/owner of the work many advantages in the event of a dispute.
When unauthorized use of work occurs around the world, the owner of a work who has registered copyright in advance will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.
Thereby, in order to avoid passivity, the owner of the work should make a copyright registration to protect their rights and interests when there is an infringement.
Copyright registration in Costa Rica
Costa Rica is a member country of The Berne Convention for Copyright since 1978.
The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.
As Costa Rica is a contracting party of the Berne Convention, any work originating in Costa Rica will be given the same copyright protection in each of the Berne Convention member countries. The original from Costa Rica can be that the work is made and published for the first time in this country or if the author of the work is of Costa Rica ethnicity.
While in most countries, copyright protection is automatic as soon as the work existed in material form, copyright registration in Costa Rica is critical in order for the copyright owner to obtain evidence of copyright.
Evidence of copyright is extremely important even when copyright is obtained automatically.
When registering, the creation gets a date and a time stamp recorded, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.
Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.
If copyright registration is not made, copyright owners will lose a significant big amount of money and time attempting to fight copyright issues and prove ownership of the original work.
If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.
Documents for copyright registration in Costa Rica
To obtain copyright registration in Costa Rica, the author of the work needs to prepare the following documents:
- Declaration of copyright registration in Costa Rica;
- Two copies of copyrighted work;
- Documents proving the right to apply;
- Written consent of co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright is jointly owned;
- Notarized identity card of the author or owner of the work;
- Power of Attorney, if the applicant is an authorized person;
- Notarized copy of the company’s business registration certificate (if the owner is a company).
The copyright law of Costa Rica
At the moment, Costa Rica grants copyright protection to any original intellectual creation, whether artistic, scientific, or literary. As part of the agreement to international treaties, copyright protection is granted regardless of whether the creation is subject to registration with the Intellectual Property Registry of Costa Rica.
Costa Rica has 4 other international copyright agreements beside the Berne Convention:
- Universal Copyright Convention (Geneva)
- Universal Copyright Convention (Paris)
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- WIPO Copyright Treaty
Please find the list of IP Firm in Costa Rica here.