VENEZUELA Law and Practice Contributed by: Dana Bentata, Anette Beyer and Biddy Fraga Bentata, Bentata Abogados
joint works, the 60-year term runs from January 1 of the year following the death of the last surviving co- author. The statute also establishes special terms for certain categories of works, such as anonymous or pseudonymous works and audiovisual works, broad- casts and computer programs, which are protected for 60 years from January 1 of the year following their first publication. Where an anonymous or pseudony- mous work is disclosed under the author’s real name before the expiry of that term, the standard life-plus- 60-years term applies instead. On the transmission and termination of rights, Articles 29 and 30 of the LDA govern the passing of patrimo- nial rights upon the author’s death, which transfer in accordance with the general rules of succession as set out in the Civil Code. With respect to assignments made during the author’s lifetime, Article 50 of the LDA provides that exploitation rights that have been assigned revert to the author or their successors in title upon the expiry of the assignee’s rights. Addition- ally, Article 58 of the LDA grants the author a personal right to revoke an assignment at any time, even after publication, provided they indemnify the assignee for any resulting prejudice, though this right lapses on the author’s death and does not apply to works created in the course of employment under Article 59 of the LDA. 3.6 Limitations, Exceptions and Defences Articles 43 and 44 of the LDA establish a specific and limited set of statutory exceptions to copyright pro- tection. Unlike the open-ended fair use or fair dealing frameworks found in common law jurisdictions, the LDA’s exceptions regime is exhaustive and narrowly construed. These exceptions are principally centred on private, non-commercial uses and on acts that do not involve profit or compensation. They also extend to certain reproductions and uses for educational purposes, official or religious ceremonies, and the reproduction of certain works permanently displayed in public spaces, subject in each case to the condi- tions set out in the statute. Each exception is narrowly construed and must oper- ate subject to the nation’s obligations under the Berne Convention: an otherwise permitted use will lose its exempted status if it conflicts with the normal exploi- tation of the work or unreasonably prejudices the
legitimate interests of the author. Use that falls outside those conditions will not be excused, and there is no discretion for a court to excuse an unauthorised use on general fairness grounds. Parties seeking to rely on a statutory exception should ensure that their use falls squarely within one of the categories expressly recognised by the LDA. 3.7 Copyright Enforcement and Remedies Copyright infringement consists of the unauthorised exercise of the author’s rights, including the unauthor- ised reproduction, public communication, distribution or any other form of exploitation of a protected work. Enforcement Framework The LDA provides both civil and criminal remedies. Articles 109 to 118 of the LDA authorise precaution- ary and final judicial measures, including injunctive relief, fines, damages and orders for the withdrawal or destruction of unlawful copies and the equipment. Articles 119 to 122 of the LDA criminalise a range of infringing acts and related violations, with penal- ties ranging from six months’ to four years’ impris- onment, which may be increased by one half where the infringement prejudices the author’s honour or reputation. Jurisdiction and Proceedings Copyright disputes are heard by the first instance civil courts in civil matters and by the first instance criminal courts where criminal liability is alleged. The Board of Judicature is empowered to assign jurisdiction over copyright matters to one or more designated first instance civil or criminal courts in the Federal District, with jurisdiction extending nationwide. 3.8 Infringement Tests and Substantiality There is no applicable information in this jurisdiction. 3.9 Collective Management and Licensing Under the LDA, collecting societies operate as author- ised and supervised collective management entities. To function, they must have legal personality, obtain state authorisation, and remain subject to govern- ment oversight, in compliance with the requirements set out in Article 61 of the LDA. Collecting societies play a central role in the licensing of works across their repertoire, particularly for uses, such as public perfor-
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