The copyright law of Panama is primarily governed by Law No. 64 of October 10, 2012, on Copyright and Neighboring Rights (Ley N° 64 de 10 de octubre de 2012 sobre el Derecho de Autor y Derechos Conexos), which repealed and replaced the earlier Law No. 15 of August 8, 1994, on Copyright and Neighboring Rights and Enacting Other Provisions. The 1994 law had entered into force on January 1, 1995, and was accompanied by Decree No. 261 of October 3, 1995, which provided implementing regulations. The 2012 law constitutes the current main legislative framework for copyright in Panama.
Historical Background
Prior to the 1994 law, copyright in Panama was governed by Title V of Book IV of the Administrative Code. Law No. 15 of 1994 substituted that title and introduced a comprehensive modern copyright regime aligned with international standards, including the Berne Convention and the Universal Copyright Convention (as revised at Paris in 1971), to which Panama is a party. The 2012 law updated and replaced the 1994 framework.
Subject Matter of Protection
Under the 1994 law (and continued under the 2012 regime), copyright protects original intellectual creations of artistic, scientific, or literary character that are susceptible of disclosure or reproduction in any form. Protected works include: works expressed in writing (including computer programs), lectures and oral works, musical compositions (with or without words), dramatic and dramatico-musical works, choreographic and mimed works, audiovisual works, photographic works, works of fine art (paintings, drawings, sculptures, engravings, lithographs), works of architecture, works of applied art, illustrations, maps, plans, sketches, and any literary, artistic, educational, or scientific production susceptible of disclosure or publication.
Derivative works such as translations, adaptations, transformations, arrangements, anthologies, compilations, and databases that constitute personal creations by reason of selection or arrangement are also protected.
Exclusions from Protection
Protection does not extend to: texts of laws, decrees, official regulations, public treaties, judicial rulings and other official enactments; generic expressions of folklore; daily news; or simple facts and data.
Ownership of Copyright
The author—defined as the natural person who makes the intellectual creation—is the original owner of both moral and economic rights. In the absence of proof to the contrary, the person whose name, signature, or identification mark appears on the work is presumed to be the author. For works of joint authorship, co-authors are jointly the original owners. In collective works, it is presumed that the economic rights have been transferred to the person who publishes the work under his or her own name. For works created under an employment contract or in the performance of a public function, the economic rights are presumed to have been assigned to the employer or public body to the extent necessary for its usual activities.
Moral Rights
Moral rights are recognized as inalienable, unattachable, unrenounceable, and imprescriptible. They include: the right of disclosure, the right of authorship (paternity), the right to the integrity of the work, the right of access, and the right to revoke an assignment or withdraw the work from circulation (subject to indemnification).
Economic Rights
The author has the exclusive right to exploit the work in any form and derive profit from it. Economic rights include the rights of amendment, communication to the public, reproduction, and distribution, each of which is mutually independent. Acts of communication to the public include stage performances, public projection of audiovisual works, broadcasting, transmission by wire/cable/fiber optic, retransmission, public display of works of art, public access to computer databases by telecommunication, and dissemination by any known or future process.
Term of Protection
Under the 1994 law, economic rights subsisted for the life of the author plus 50 years after death. For works of joint authorship, the term was calculated from the death of the last surviving co-author. For anonymous and pseudonymous works, the term was 50 years from disclosure. For collective works, computer programs, and audiovisual works, economic rights lapsed after 50 years following first publication or completion. Terms were calculated from January 1 of the year following the relevant event. Works whose economic rights have lapsed enter the public domain.
Note: Some secondary sources indicate that the 2012 law extended the term of protection to life of the author plus 70 years, though the full text of the 2012 law was not available in the search results for independent verification.
Limitations and Exceptions
The law provides for lawful communications without authorization or remuneration, including: communications within the family circle (without profit motive); official events and religious ceremonies (free admission); exclusively educational purposes in teaching establishments; communications for the blind and handicapped; demonstrations in commercial establishments; and uses essential for judicial or administrative proceedings.
Additional permitted uses for lawfully disclosed works include: personal reproduction of a single copy; photomechanical reproductions for personal use (limited to small portions); reprographic reproduction for teaching or examinations (non-profit); reproduction by non-profit libraries or archives for preservation; reproduction for judicial or administrative proceedings; reproduction of works of art permanently displayed in public places (using a different artistic technique); backup copies of computer programs; and loading a computer program into memory for the user's own use. Quotations from lawfully published works are permitted with attribution.
Neighboring Rights
The law protects performers, producers of phonograms, and broadcasting organizations. Performers have the exclusive right to authorize or prohibit fixation, reproduction, or communication to the public of their performances, as well as moral rights of attribution and integrity. Producers of phonograms have the exclusive right to authorize or prohibit reproduction of their phonograms and the right to receive remuneration for communication to the public. Broadcasting organizations have the exclusive right to authorize or prohibit fixation, reproduction, and retransmission of their broadcasts. The term of protection for neighboring rights is 50 years.
Transfer of Rights
Economic rights may be transferred by mandate, legal presumption, assignment inter vivos, or transfer mortis causa. Assignments are presumed to be for consideration. Any assignment of economic rights in all future works of an author is null and void. Contracts for assignment and licensing must be in writing.
Collective Administration
Collective administration organizations require State authorization to operate and are subject to supervision by the Directorate General of Copyright (now the National Directorate of Copyright). They are entitled to collect and distribute remuneration for the use of works under their administration.
Registration
The Registry of Copyright and Neighboring Rights, under the authority of the Directorate General of Copyright (Dirección Nacional de Derecho de Autor), processes applications for registration of protected works, phonographic productions, performances, broadcasts, and related contracts. Registration is declaratory only and not constitutive of rights; failure to register does not prejudice the enjoyment or exercise of copyright.
Enforcement and Sanctions
Civil actions for infringement are heard in summary proceedings. Remedies include orders to cease unlawful activity, indemnification for material and moral damages, and precautionary measures such as sequestration of proceeds and unlawful copies, and suspension of unauthorized activities.
Criminal sanctions include imprisonment for 30 days to 18 months for certain offenses (e.g., improper use of a work's title, unauthorized modification, unauthorized communication to the public, unauthorized distribution, false attribution of ownership, false statements in accounts). More serious offenses—such as unauthorized reproduction, importation, distribution, or sale of unlawful reproductions, and false registration—carry penalties of two to four years' imprisonment. Penalties may be increased by one-third when offenses involve works not intended for disclosure, appropriation of authorship, or mutilation affecting honor or reputation. Fines of 1,000 to 20,000 balboas may also be imposed.
International Agreements
Panama is a party to several international copyright treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the WIPO Copyright Treaty, the TRIPS Agreement, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.
Governing Authority
The competent authority for copyright matters in Panama is the National Directorate of Copyright (Dirección Nacional de Derecho de Autor), formerly the Directorate General of Copyright, which operates under the Ministry of Education.
