Urging Influencers and Marketers in Peru to Respect Copyright in Advertising Campaigns

By Espinosa Bellido Abogados

The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) in Peru has urged influencers, marketing agencies and community managers working for both public and private companies to respect copyright when creating advertising campaigns or publishing content on social networks, television, radio, websites, and other platforms.

Various elements like music, photographs, audiovisual works, and protected characters from cinema, television, or literature must receive prior authorization from their creators or the collective management societies representing them.

Peruvian copyright regulations stipulate that any violation of its provisions constitutes an infringement. Such violations can lead to economic fines and, in some cases, criminal penalties of up to eight years of imprisonment in administrative proceedings.

Incorporating images into social media posts should adhere to the following guidelines:

-Obtain Proper Permissions: If you intend to use someone else's copyrighted image, you must obtain permission from the copyright holder. This may involve purchasing a license, obtaining written consent, or using images explicitly labeled for reuse under a Creative Commons license.

-Use Public Domain or Royalty-Free Images: Public domain and royalty-free images are typically available for use without permission. However, it is essential to review the specific licensing terms to ensure compliance.

-Fair Use: In certain instances, you may be permitted to use copyrighted material under the fair use doctrine. This is a complex legal concept influenced by factors such as the purpose of use, the nature of the copyrighted work, the quantity used, and its potential impact on the original work's market. If unsure about whether your use qualifies as fair use, consulting a legal expert is advisable.

-Give Credit: Even when using images with permission or under a license, it is a best practice to provide credit to the original creator or image source. This not only respects the creator's rights but also adds transparency to your content.

-Avoid Plagiarism: Never present someone else's work as your own. Always make it evident when you are incorporating someone else's image or content into your posts.

It is crucial to foster a culture of respect for the intellectual property rights that authors hold over their works among citizens. Simultaneously, highlighting the creative sector's significance as a driver of the country's economic development is essential.

Intellectual property firms can offer legal advice and assistance concerning the use of copyrighted images. If you have specific inquiries or require legal support concerning copyright and intellectual property matters in Peru, we recommend reaching out to an IP firm in Peru. They can provide guidance, safeguard your rights, and ensure compliance with local copyright laws.