Copyright — or author’s rights, as it is known in civil-law countries such as Argentina — protects original works of literature, art, music, and software from the moment they are created. In Argentina, registration with the DNDA (Argentina’s National Copyright Office) strengthens the proof of ownership and date.
Which works are protected
Copyright Law No. 11,723 covers literary, artistic, and scientific works: books, scripts, music, photographs, illustrations, sculptures, architecture, software, and creative databases, among others. Protection covers the expression, not abstract ideas or technical procedures (those fall under patents).
What copyright does not replace
- Trademark — identifies goods or services in the marketplace, not the creative content itself.
- Patent — protects inventions with a technical effect, not the literary or artistic form in which they are expressed.
- Industrial design — covers the ornamental appearance of a product, which is different from code or text.
Author’s rights vs. copyright: four differences
Both concepts pursue the same goal — protecting creators — but they come from different legal systems, and that changes how they work in practice.
1. Legal system
Copyright belongs to common law countries such as the United States, Canada, and the United Kingdom. It focuses on economic rights: controlling reproduction, distribution, display, and derivative works.
Author’s rights apply in civil-law countries such as Argentina, Spain, and most of Latin America and Europe. In addition to economic rights, they protect moral rights: the right to be recognized as the author and to prevent anyone from altering your work in a way that harms your reputation.
2. Registration and formalities
In both systems, protection arises when the work is created. The difference lies in registration: in the United States, registering the work with the Copyright Office is a prerequisite for suing for infringement. In Argentina, registration with the National Copyright Office (DNDA) serves mainly as proof of authorship and date.
3. Duration
In both cases, economic rights generally last 70 years after the author’s death. In the United States there are special rules for works made for hire, whose rights belong to the party that commissioned the work. In civil-law systems, by contrast, moral rights can last indefinitely: even after the work enters the public domain, its author must still be credited.
4. Transfer of rights
Under copyright, it is common to assign all rights by contract so that a company acquires the work to exploit it. Under author’s rights, economic rights can be assigned or licensed, but moral rights always remain with the author: a publisher can publish a book, but the author keeps the right to be credited as such and to have the work left unaltered.
What rights copyright grants
- Reproduction: making copies of the work, in physical or digital format.
- Distribution: deciding how and when those copies are sold, rented, or lent.
- Public display: showing the work in movie theaters, galleries, or theaters.
- Public performance: authorizing or prohibiting the public performance of a musical or theatrical work.
- Adaptation: creating derivative works, such as a movie based on a book.
In Argentina, these same powers are part of the author’s economic rights governed by Law No. 11,723.
Duration and moral rights
In general, economic rights last until 70 years after the author’s death. Moral rights — authorship (attribution) and integrity of the work — cannot be waived and are not transferred the way economic rights are.
Registration with the DNDA
Registration does not create the right, but it is a valuable evidentiary tool in disputes. For software, development agreements, and assignments of rights, it is wise to document ownership from the outset — especially if you work with freelancers or as part of a team.
Think of a comic strip like Mafalda: it has been protected since Quino created it, but having the strips registered with the DNDA provides official proof of authorship that simplifies any claim for copying, in Argentina and abroad. Without registration the author is still protected, but must prove by other means that they are the creator, which can be slower and more expensive.
Ask our firm
If you’re not sure whether copyright registration, a trademark, a design, or a combination is right for you, we’ll help you build the strategy. Copyright at Eguía →
Keep reading: DNDA registration step by step · Fútbol Libre and copyright
