WILMAP: Bolivia

LEGISLATIONLaw No. 164, on Telecommunications, Information and Communication Technologies, August 8, 2011 [This law defines a network as a group of connections that conducts symbols, texts and information among others and information and communication technologies as a collection of tools, resources, informatics programs, nets, among others that transmits, storage, process, compiles and the receptions of information, texts, videos, images, etc. The Ministry of Telecommunications has the duty to supervise, monitor, and oversee the proper management of the information and communication technologies.] Andean Community Decision No. 351, December 17, 1993 (Regional Level) [This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia. This decision gives protection to intellectual works. Article 3 defines “distribution to the public”, “divulgation”, “retransmission” as making the work available to the public by any form. Article 13 gives the exclusive right to the author and/or right holders to authorize or prohibit the reproduction by any means. This decision does not specifically establish provisions regarding intermediary liability on the internet. However, Article 54 may find application in this context, where it states that “No authority or person, whether natural person or legal entity, may authorize the use of a work, performance, phonographic production or broadcast, or lend his support to such use, if the user does not have the express prior authorization of the owner of the rights or his representative. In the event of non-compliance, that authority or person shall be jointly liable."] Law No. 1322, on Copyright, April 13, 1992 [Gives protection to intellectual creations. Article 5 defines "publication" as communication to the public by any form or system]. Supreme Decree No. 24582, on Software, 1997 [This decree extends the copyright protection and liabilities to any reproduction of information through computers.] Supreme Decree No. 23907, July 12, 1994 [Providing the right of the author to benefit from the production of any revenue.] Supreme Decree No. 1391 on the Regulation of the Law 164 on Telecommunications, Information and Communication Technologies [This decree establishes the protection of rights of the users, including the right of privacy and personal data. It declares national priority on the promotion and use of information and communication technologies. The national government has the duty to promote this technology.

Carlos Crespo TorricoEmail: ccrespo at live.com

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