PUERTO RICO: An Introduction to Intellectual Property

Puerto Rico’s Rhythm and Rights: A Hub for Latin Music and Intellectual Property Protection

For generations, Puerto Rico has been a dynamic breeding ground for musical talent and innovation across the Latin music spectrum – from salsa and ballads to Latin pop and reggaetón. Accordingly, the island has established itself as the birthplace of some of the most influential and widely listened-to Latin artists in global music history. 

To its credit, Puerto Rico’s vibrant atmosphere, the energy and talent of its people, and the richness of its culture have captivated people from around the world – particularly musicians – who not only visit the island for pleasure but also choose to do business here. A major reason for this is Puerto Rico’s attractive tax incentives for qualifying foreign individuals and businesses, but additionally its robust intellectual property protection framework, which is especially beneficial for the music and entertainment industry.

This legal framework is made possible by Puerto Rico’s unique political status as a territory of the United States. As such, its foreign relations – including matters such as treaties, trade and diplomacy – are handled by the US federal government, similar to other US territories and states. At the same time, Puerto Rico operates under its own constitution, laws and regulations. Thus, while it is subject to US federal law, the island maintains a level of autonomy in areas such as civil law and local governance.

This dual legal system provides two distinct layers of intellectual property protection that allow artists, musicians, songwriters, producers and record labels to benefit from both federal and local protections, with access to the US federal courts as well as the Puerto Rico court system.

Copyright protection

Copyright protection in Puerto Rico is governed primarily by the US Copyright Act, which fully applies and pre-empts local copyright provisions. However, Puerto Rico also provides an additional layer of protection through its Moral Rights of Authors Act. This statute recognises and safeguards the personal connection between an author and their work. Under the Moral Rights of Authors Act, authors and their heirs are granted the following protections:

• recognition of moral rights, including attribution, retraction, integrity and access to the work;
• legal remedies such as temporary or permanent injunctions to vindicate moral rights, compensatory damages, and the option to claim statutory damages;
• a local Intellectual Property Registry, where registering a work constitutes prima facie evidence of the author’s moral rights and the facts stated in the registration certificate;
• an award of costs and attorney’s fees to prevailing plaintiffs; and
• protection extending for the life of the author plus 70 years after their death, coexisting with the term of federal copyright protection.

Trade mark protection

As for trade mark protection, individuals and businesses operating in Puerto Rico can benefit from the coexistence of both the Federal Trademark Act of 1946 (also known as the Lanham Act) and the Puerto Rico Trademark Act. Under the Puerto Rico Trademark Act, rights-holders are afforded several key benefits:

• a local trade mark registry, where applicants may register marks based on either actual use in Puerto Rico or a bona fide intent to use;
• a certificate of registration that serves as prima facie evidence of the validity of the mark, the registrant’s ownership, and the exclusive right to use the mark in commerce from the date indicated on the certificate;
• legal remedies such as the right to bring civil actions for injunctive relief, seizure orders, and compensatory and statutory damages;
• an award of costs and attorney’s fees to prevailing plaintiffs; and
• duration of valid trade mark registrations for ten years.

This means that individuals and businesses who offer their music, branding or related services in both Puerto Rico and the mainland United States can obtain dual trade mark protection, securing their names, wordmarks, logos and overall brand identity at both the federal and local levels.

Other forms of protection

In addition to its robust moral rights and trade mark statutes, Puerto Rico offers another important layer of intellectual property protection through its Right of Publicity Act. This statute protects an individual’s right to control and participate in the commercial use of their image, name and likeness in connection with any act or event occurring in Puerto Rico, regardless of the individual’s domicile, residence or citizenship. Under the Right of Publicity Act, an individual – including their heirs and authorised agents – is granted the following protections:

• legal remedies such as the right to bring civil actions for damages, including injunctive relief, compensatory and statutory damages, and unpaid royalties;
• clear guidelines for the computation of damages;
• an award of costs and attorney’s fees to prevailing plaintiffs;
• the ability to assign or transfer the right of publicity to another individual or entity;
• protection extending for the life on the individual and for 25 years after their death; and
• immunity to owners or employees of media outlets (including newspapers, magazines, billboards, internet platforms, and radio and television stations if the unauthorised use of the individual’s image occurred without their knowledge.

Summary

Whether it is a songwriter protecting their composition, an artist safeguarding their sound recording or a record label and its creative team building and marketing an artist’s image and brand, Puerto Rico’s intellectual property laws offer an ideal environment for individuals and businesses to create, protect, export and monetise their music. Therefore, coupled with the island’s vibrant cultural spirit, which inspires creativity and exploration, Puerto Rico’s unique legal framework provides creators with not only a place to create their art but also the legal tools to preserve its commercial value.