According to Law 13714 (1961) passed under the administration of the government of Manuel Prado, and article 4.3 of the Universal Copyright Convention, the work of a public entity (in Spanish: persona júridica) is public domain in Perú because one or more the following criteria are met:
It is a work created and/or assigned to the Peruvian State and published before December 31, 1970. It was protected for 25 years and then immediately assigned to the public domain. In the case of official documents of the Executive Branch, Legislative Branch and Judicial Branch, it extends to May 23, 1996.
It is a work considered of "public utility" by the Ministry of Public Education of an author who: (a) died before 20 August 1988 (b) had no copyright notice or claim by his/her heirs (c) is an orphan after the liquidation of his/her publishing house before the entry into force of the Berne Convention in 1988.
It is another work(s) of public or private entities before 31 December 1967 through work-for-hire or express advertisement for claim as owners, even if these were collective works. For media not published in other Andean Community countries, the expiration is extended to 31 December 1970. In the case of journalistic works, the rights pass to the company if it did not identify the actual author of the editorial. In the case of film works prior to the date, the owner apply to the producer of the material and exclude the soundtrack, script or participation outside of the production staff.
It is understood that the work was disseminated to the public or via newspaper or broadcasting media and that its author is explicitly an entity. Therefore, after its first publication from 1 January of the following year, it expired before 1 January 1996 and was not renewed on the URAA date (1 January 1996). More information in COM:Peru. Warning: The Peruvian copyright law of 23 April 1996 repealed law 13714, and in its transitory provisions it indicates that only "[the works still] protected in accordance with the previous law, will enjoy the most extensive terms of protection recognized in this Law" and denies retroactive effect. Note 1: The simple photographs have a duration of 20 years, for non-artistic or non-literary photograph use {{PD-Peru-photo}}. Note 2: The short term rule does not cover works by individuals or collaborations, whose term is run separately. Note 3: Works published between 1968 and 1970 could be protected in other countries of the Andean Community. Because the source material does not involve other countries, it is only in the public domain in Peru (besides the United States) and is not retroactive to the constitution in that country.
This work includes material that may be protected as a trademark in some jurisdictions. If you want to use it, you have to ensure that you have the legal right to do so and that you do not infringe any trademark rights. See our general disclaimer. This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required.See Commons:Licensing.
There are some court cases related to threshold of originality in Peru. According to resolution No. 0286-1998/TPI-INDECOPI (also 1349-2001/TPI-INDECOPI), Indecopi states a work requires that the creation to have a subjective originality, provided that it is obtained in an artistic, literary or scientific manner. This must be the author's own and excludes cultural heritage (including folkloric, administrative or judicial origin), mechanisms of a technical nature (architectural standards), mere nature of things (trivial writings), simple instructions (ingredients) or manual utilitarian processes (as typefaces). Therefore, the originality threshold is high for logos and other simple designs. See COM:CRT/Peru#Threshold of originality for more information.