Traditional Knowledge Laws: Chile

Subject Matter of Protection

Article 11

The following shall belong to the common cultural heritage:

(a) works whose term of protection has expired;
(b) works by unknown authors, including songs, legends, dances and expressions of folkloric heritage;
(c) works whose owners have waived the protection granted by this Law;
(d) works by foreign authors residing abroad who are not protected under the form provided for in Article 2; and
(e) works which have been expropriated by the State unless the law specifies a beneficiary.

Works of the common cultural heritage may be used by anyone, provided they respect the ownership and integrity of the work.

Scope of Protection

Article 9

Anyone who adapts, translates or transforms the protected original work with the consent of the original holder shall be a subject of the copyright covering the derived work. The publication of the derived work must contain the name or pseudonym of the original author.

Where the original work belongs to the common cultural heritage, the adaptor, translator or transformer shall enjoy all of the rights afforded by this version of the Law; however, he may not prevent others from using the same original work to produce different versions.