Copyright and Related Rights

The protection afforded by law is granted to works from the moment of their creation, regardless of merit, purpose or mode of expression, but for their registration and deposit to proceed, it is required that they have been fixed on a material support. (Art. 108 and 39 of the Regulations). 

1. The inscription can be from a work unpublished or published as a title of natural or legal person.

2. The forms that are available through the Electronic Window of the Intellectual Property Registry – VERPI-  They are as follows:

• LITERARY WORKS
• COMPUTER PROGRAM AND DATABASE
• PHONOGRAMS
• LEGAL REPRESENTATIVE
• BOARD MEMBERS
• AUDIOVISUAL WORKS
• ARTISTIC WORKS
• MUSICAL WORKS
• CONTRACTS AND OTHER ACTS

The forms must be completed with the required information. (Art. 3, 33 and 40 of the Regulations of the Law on Copyright and Related Rights).

3. Attach to the application registration form the Notarial Deed that documents the Sworn declaration. (Art. 106 of the Law on Copyright and Related Rights).

4. Introduce to the Registry in a legal-size folder with a hook: the completed form (3 copies), the Notarial deed, which documents the sworn statement (original and 1 copy). (Art. 7 of the Regulations) and the receipts for payment of the fees corresponding (application and title submission). (Art. 108 of the Law, 9, 89, 90 and 91 of the Regulations)

5. To accompany a copy or medium of the work duly identified.

The protection afforded by law is granted to works from the moment of their creation, regardless of merit, purpose or mode of expression, but for their registration and deposit to proceed, it is required that they have been fixed on a material support. (Art. 108 and 39 of the Regulations).

6. If the registration request is made by a entity or company, In addition to the above, you must also attach the minutes that accredits him as legal representative of the same. The document that contains the assignment of rights. (Art. 47. of the Regulations).

7. Chapter VI. Individual Registrations. Other requirements are established, which must be considered by the applicant according to the protection required before the Intellectual Property Registry. (Articles 39 to 50 of the Regulations).

Step 1

Form Selection – VERPI

• Log in or create a user account VERPI »
• Access the form according to the type of work to be registered in the top menu under Copyright and Related Rights
• Fill out the form, sign it on behalf of the applicant, and submit three (3) copies to the RPI.

Step II
Payment Slip Generation – E-Payments RPI

• Log in with your username E-PAYMENTS »
• Click on the Copyright button
  
• Select the payment option.
• Select the option form, type of work and applicant's name.
• Print the payment slip
• Make your payment online through your BANRURAL online banking or at any agency BANRURAL.

Step III
Application Submission

Physical presentation:

• In a legal-size folder with a fastener: the form complete (3 copies), the sworn declaration  (original and 1 copy) and the receipts of pay of the corresponding fees.
• To accompany a copy or medium of the work duly identified.

PROCEDURE FOR GRANTING OPERATING AUTHORIZATION TO COLLECTIVE MANAGEMENT SOCIETIES FOR COPYRIGHT AND RELATED RIGHTS

• 1. APPLICATION
  • 1. Submission of the respective application by him or the legal representatives of the Association.
  • 2. Attach the original and a certified copy of the notarial deed of appointment.
  • 3. Attach the first testimony of the writing constitutive articles of the non-profit civil association
  • 4. Attach certification issued by the Civil Registry in which the legal personality of the non-profit civil association.
  • 5. Certified copy of your statutes.
  • 6. List of associates, holders of copyright or related rights, providing the details of their personal identification document and indicating the category or categories of right with respect to which it is associated.

• 2. REQUIREMENTS ACCORDING TO ARTICLE 113 BIS OF THE COPYRIGHT AND RELATED RIGHTS LAW
  • a) That the association has been established and obtained legal personality in accordance with the provisions of Article 113 of this law;
  • b) That it has the human, technical, financial and material resources basic for the fulfillment of its purposes;
  • c) That the association proves that it is comprised mostly of Guatemalan members of origin or foreigners domiciled in Guatemala, hold rights to the same type of works or productions;
  • d) That it recognize to the members of the association a right of participation appropriate in the entity's decisions;
  • e) That in the distribution rules, once the administrative expenses have been deducted up to the maximum percentage provided for in the statutes, and which in any case may not exceed thirty percent, guarantee an equitable distribution among the rights holders, in proportion to the actual use of the works, interpretations or artistic or phonographic performances, as the case may be;
  • f) That it has, at a minimum, regulations for members, tariffs and distribution;
  • g) That demonstrate the effectiveness of the management abroad or from the foreign repertoire within the national territory, through mechanisms that ensure the execution of reciprocal representation agreements with associations or companies with the same objectives operating abroad. The Intellectual Property Registry will make the relevant assessment; and
  • h) Any other information that in the opinion of the Intellectual Property Registry is necessary.

• 3. APPLICATION PROCESSING
  • a) Once the application has been submitted, The Registry must proceed within a period not exceeding 30 days following to analyze the documentation submitted to verify that it complies with the provisions of the law and these regulations;
  • b) Once the above deadline has expired, The Registry may accept the application, reject it if applicable, or good prevent to the applicant to make the modifications or amendments that may be pertinent, both in the application and in its statutes, which will be detailed in the resolution itself;
  • c) If the application indicates the omission of requirements If the deficiencies are correctable, the applicant will be advised to... no more than fifteen days proceed to to correct omissions or deficiencies detected. In the event that the latter refer to the statutes of the association, a period of six months will be granted for the same purpose;
  • d) If the aforementioned deadlines have passed without compliance with the requirements of the Registry, the application will be considered abandoned and its filing will be ordered by means of a simple reason recorded in the file.

• 4. PUBLICATION
  • a) Once an application for authorization regarding a collective management society has been admitted for processing, the Registry shall order that, at the expense of the applicant entity, an edict be published in the Official Gazette and in another of the most widely circulated national newspapers;
  • b) The edict shall contain the name of the applicant entity, its address, the status of the persons it associates, the rights it intends to manage, the file number and the indication that it is available for consultation by any interested person.
  • c) Within two months following the date of the last publication of the edict, the applicant entity must submit to the Registry the relevant part of the copies of the newspapers in which it was published;
  • d) Failure to comply with this provision will result in the application being considered abandoned.

• 5. OBSERVATIONS
• • a) Within two months following the date of publication of the edict referred to in the previous article, any person may submit written observations to the Registry regarding the application for authorization to operate;
  • b) Of the observations received, the Registry will notify the applicant entity so that within the following month it may comment on them and submit the information or documents it deems pertinent;
  • c) The submission of observations will not suspend the processing of the application nor will the person making them become a party to the procedure.

• 6. AUTHORIZATION
  • a) Once the procedure established in the previous articles has been exhausted, the Registry must resolve the authorization request in a reasoned manner within the following sixty business days, either granting or denying it;
  • b) If the resolution is favorable to the application, the Registry will order that, upon payment of the fee established in the Fee Schedule, the applicant entity be registered as a collective management society and the registration certificate accrediting it as such be issued. It will also order the registration of its legal representative and the members of its administrative and supervisory body.

• 7. REGISTRATION
  • Registration requirements. The registration of the operating authorization of a collective management society must contain:
  • a) The name of the entity;
  • b) The data relating to its constitution as an association and the obtaining of its legal personality;
  • c) The object or purposes, indicating the category of rights that it will administer;
  • d) The bodies of the entity;
  • e) Address where its main headquarters are located;
  • f) Date of the authorization resolution and file identification;
  • g) Place, date and signature of the Registrar or whoever acts in his stead.

• 8. EFFECTS
  • Collective management societies, once they obtain authorization to operate as such, will be entitled to exercise all their rights and act in accordance with their statutes with regard to management.