After arduous debates in the legislature and the public sphere, Law 1915 was enacted in Colombia in July. This also means Law 23 of 1982 is modified and new provisions are established in the area of copyright and related rights.
The law had a very controversial debate process, taking six years of discussions with working groups from organizations that defend digital rights, rights of people with visual disabilities, library advocates and journalists.
This project, in principle, responded to the need of Colombia to comply with some commitments acquired by the country in the framework of the Free Trade Agreement with the United States, in force since May 15, 2012.
According to the National Directorate of Colombian Law, the main changes that Law 1915 establishes include
- Specifies the scope of some author and related patrimonial rights with respect to the digital rights.
- Extends the term of protection when the rights are headed by legal persons.
- Expands the range of limitations and exceptions to copyright and related rights, reaffirming Colombia as the owner of one of the broadest ranges in these issues.
- Regulates the use of orphan works, placing Colombia as the pioneer in this type of regulation.
As a result of an investigation by the National Commission for the Defense of Competition (CNDC), the Ministry of Commerce fined the Argentine Society of Authors and Composers of Music (Sadaic) for US $ 1,567,945. The survey determined that Sadaic charged “excessive prices” on copyright fees paid by hotels and other establishments for music reproduction in hotels guest rooms.
To determine this fine, the CNDC made an international comparison of the tariffs paid for the reproduction of musical works and the result of the investigation determined that in Argentina hotels and other establishments pay between six and nine times more than the average of the reference countries.
These fees imply a fee payment for copyright for playing music in hotels. With the calculation methodology used by Sadaic, each hotel must pay the fee for having televisions in the rooms, regardless of whether the room was occupied or not and if musical works were even used.
“This measure implies an improvement in the competitiveness of the tourism sector and enables the reduction of tariffs for rights of authors and composers charged for the secondary reproduction of TV and music content in hotels,” according to the president of …Read More
Copyright laws protect the author of a creative work, setting out the rights of the owner, as well as the responsibilities of other people who want to use the work. The most notable exception to those rights, the so-called Fair Use, has received substantially different degrees of protection under different legal systems.
What is Fair Use?
Fair use is a use of a copyrighted work that can be done without permission from the copyright owner. If your use of a work qualifies as a fair use, then it would not be considered an illegal infringement.
Different legal systems have developed different theories on what constitutes Fair Use and must be warranted a certain degree of legal protection.
Fair use in Brazil and Argentina
Although they never mention the concept of “Fair use”, the Brazilian copyright law (National Act No. 9.610 of 1998, article 46) and the Brazilian software law (National Act No. 9.609 of 1998, article 6) discipline some exceptions to general copyright rules. They provide, in fact, quite specific cases of protected fair use, most of them related to the non-commercial, artistic or cultural use.
Reproducing some of the work if you need to comment on it or …Read More