How is software registered?
There are 3 ways to register software with Intellectual Property:
1. Unedited/Unpublished work: this includes those creations that the authors or holders use only for personal use or within their company.
2. Published work: this includes those creations that are sold, gifted, donated, distributed at no cost, etc. This procedure provides for the registration of software products made known to the public.
3. Software contracts (licensed for use, cession rights and others).
The Step-by-Step Process
1. Buy the corresponding registration form: Unpublished/Unedited Work Form, Published Work Form or Contracts Form at the Oficina de Registro de Software located at CESSI (Marcelo T. de Alvear 636, 4th floor, Ciudad de Buenos Aires) (Monday through Friday, from 10:00am to 1:00pm; and 2:30pm to 5:00pm)
2. Pay the legal rate in the banks designated.
3. Present the registration form, the ticket and the required additional documentation at the Dirección Nacional de Derechos de Autor located at Moreno 1228 (Monday through Friday, from 9:30am to 1:30pm)
Length of validity: Unpublished/Unedited works renewed every 3 years; Published works renewed every 70 years.
Documentation required for Unpublished/Unedited work
- Completed Unpublished work form
- A copy of the work – in any format – sealed in an A4 envelope
- The envelope’s seal must be signed by the author(s) and holder(s) and/or power-of-attorney.
- DNI, LC, LE, Mercosur ID, Passport or personal ID from border nations.
- The registration process must be done in person. It is not a requirement.
- Cost of the registration form: AR $25.00 (taxes included)
Documentation required for Published Work
- Completed Published Work Registration Form with a copy of the published work in a A4 size envelope. The registration can be done via by mailing a check made out to Ente Cooperador Ley 23.412.
- This process need not be done in person.
- Cost of the registration form: AR $30.89
Documentation required for Contracted Work
• Completed Contracted Work Registration Form with the original contract and a copy. If the contract was drafted in another language, it must be translated by a registered public translator and be presented along with a copy.
• Cost of the registration form: AR $30 + legal tax*.
1. Predetermined Amount: 1% of contract amount ($4.50 minimum)
2. Undetermined Amount: $6.50
For additional information, contact to the Dirección Nacional de Derechos de Autor (tel. (5411) 4124-7200 / e-mail email@example.com) or call to (5411) 5217-7802 int. 111 (CESSI).
IMPORTANT INFORMATION: From May 20th, the cost of the registration form will have the following value*:
Unpublished/unedited Work: $70.-
Published Work: $200.-
Contracted Work: $200.-
* Resolution M.J. Y D.H. 579/2014 published in the Boletín Oficial 05/05/2014.
Why Register Software?
Those who register their software product can have access to certain benefits:
Security: Everything that is registered with the Copyright Registry acquires, through administrative means upon admission, certainty of its creation on a given date in regards to its author and content. If it pertains to a contract, certainty is given to the date, content and parties involved.
Proof of Audit: this is a presumption of authorship granted by the State, with a specific date of registration.
Comparison Element: the National Copyright Registry serves as a comparison element in supposed cases of plagiarism and pirating. In these cases, the work or product is sent to the Judicial System for evaluation.
User Protection in good faith: is it presumed that the author of the work or product appears on the registration certificate, unless proved otherwise. The author publishing the work, in accordance to the records held by the National Copyright Registry, would be exempt of penal liability in the event that an original author appears and claims the rights to the work.
Advertising Registered work or contracts: the primary function of a record is to present its content. The information benefits all who are interested in opposing their right against third parties and those seeking to ensure the viability and legitimacy in a contractual agreement.
Regarding unpublished work, in the case of doubt, loss or conflict, the is always the existing possibiity of requesting the unsealing of the envelope containing the work and obtaining the certified content form the National Copyright Registry.