Copyright in Colombia: Protecting Creative Works and Software
## Protection exists from the moment of creation
In Colombia, copyright does not require registration. Law 23 of 1982 and Andean Community Decision 351 of 1993 automatically protect any original work from the moment it's created.
That said, registering the work with the National Copyright Office (DNDA) has important advantages.
What can be protected?
- Books, articles, novels, and literary works
- Music and compositions
- Software (source code and object code)
- Photographs and audiovisual works
- Graphic designs and works of visual art
- Architecture
- Original databases
Not protected: ideas, concepts, facts, data, or procedures as such. Only the concrete expression of those ideas.
Moral and economic rights
Moral rights (non-waivable and inalienable) - Attribution: having your authorship recognized - Integrity: opposing modifications that damage your reputation - Disclosure: deciding whether the work is published or not - Withdrawal: pulling the work from circulation (with compensation)
Moral rights cannot be sold or transferred — they stay with the author for life.
Economic rights (negotiable) - Reproduction, distribution, public communication - Transformation (translation, adaptation) - Rental and lending
Economic rights last 70 years from the author's death. They can be assigned or licensed.
Software as a protected work
Source code is protected as a literary work. This means: - An employee who develops software within the scope of their employment contract automatically transfers the rights to the company (article 20, Law 23) - A freelancer or contractor retains the rights unless there's an explicit assignment - To license your own software to third parties, a license agreement with clear restrictions is recommended
Why register with the DNDA
Registration creates a legal presumption that you're the author as of the registration date, which makes it easier to prove authorship in disputes.
Registration: an online process at derechodeautor.gov.co. Approximate cost: between 1 and 3 monthly minimum wages depending on the type of work.
What to do if your work is infringed
- Document the infringement: screenshots, downloads, witnesses to what was published
- DMCA notice or equivalent: for digital platforms (YouTube, Instagram, websites)
- File a complaint with the DNDA: can result in precautionary measures and penalties
- Criminal action: article 270 of the Criminal Code criminalizes violation of moral rights; article 271 covers violation of economic rights (up to 8 years in prison)
- Civil lawsuit: for actual damages and moral damages
Creative Commons licenses
For those who want to freely allow certain uses of their work, CC licenses offer graduated options (attribution, non-commercial use, no derivatives, etc.) without giving up economic rights.
Did you create software, content, or an artistic work and want to protect it, or is someone using your work without authorization? We can guide you through the most appropriate process.
El asistente jurídico digital de Jurídiconline analiza tu situación específica. La revisión inicial es gratuita.
