Monroy Rodríguez (2009)

From Copyright Evidence
Jump to: navigation, search

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Monroy Rodríguez (2009)
Title: Study on the limitations and exceptions to copyright and related rights for the purposes of educational and research activities in Latin America and the Caribbean
Author(s): Monroy Rodríguez, JC
Year: 2009
Citation: Monroy Rodríguez, J. C. Study on the limitations and exceptions to copyright and related rights for the purposes of educational and research activities in Latin America and the Caribbean (2009) WIPO, Geneva.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The report analyses the limitations or exceptions established in 29 Latin American and Caribbean countries, in comparison with the systems of the United States and the European Union.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: Yes
Government or policy study?: Yes
Time Period(s) of Collection:
  • Not stated
Funder(s):
  • WIPO

Abstract

The present study aims to analyze whether the limitations or exceptions established in Latin American and Caribbean countries respond to the current requirements of copyright and the interaction with the right to education and access to research, or whether it is in fact necessary to change the existing limitations or exceptions or create new ones, so as to re-establish the vital balance between rights and interests, in keeping with current social and economic phenomena resulting from technological developments. An outline is given of the national and international regulatory framework, followed by an analysis of the way in which rights and interests come together around copyright and the right to education and access to knowledge.

Main Results of the Study

  • At present the provisions in the copyright laws of the United States or in the European Union give greater recognition to education and research than those in the current laws in Latin America and the Caribbean
  • Users of the works may find it difficult to obtain express prior authorization since, in the region, rightholders have not implemented a collective management system for rights, making it easier for users to obtain the licenses or authorization that they need for digitization or electronic publication and the online use of the rightholders’ works
  • We have found that, in the field of scientific research, the answer to the questions has more to do with the definition and development of public policies than with the provision for limitations or exceptions to copyright.
  • With regard to the current licensing scheme for the online use of works, the difficulties that may be encountered by an educational body using the works in endeavoring to obtain a license or authorization to use the work online (e.g. digital transmission) are apparent.
  • The obligation to give legal protection to technological protection measures applies in the countries in the region that are signatories of the WCT and the WPPT (Argentina, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru). Notwithstanding the foregoing, the full development of the provisions of these conventions still seems to be a pending task for most countries in the region.

Policy Implications as Stated By Author

  • The author considers it appropriate for the online use of protected works and productions to be generally subject to the exclusive rights of the holder of the copyright and related rights, but specific acts of digitization or electronic publication also need to be carried out freely and free of charge in order to improve the balance of rights and interests with regard to education and research.
  • The following alternative solutions should be considered:

1. The definition of what online use of the works could be freely available and free of charge in order to promote education and research; 2. With regard to online use requiring the author or his beneficiary to give his authorization or a license, it needs to be made easier for the user to obtain that authorization or license through collective management organizations or other licensing schemes or mechanisms. Another form of this simplified process could also be consist of consulting lists of work and productions and concluding the licenses online, likewise paying the royalties over the internet.

  • In order to develop exceptions applicable in a digital environment, the author considers necessary:

1. Provide for a limitation or exception intended to facilitate, in certain cases, the digitization of works and productions for their use in virtual education; 2. Provide for a limitation or exception intended to facilitate, in certain case, the digital transmission of works and performances for the purposes of digital distance education, which implies facilitating the digital transmission of audiovisual works for educational purposes; 3. Regulate private copying so as to ensure a balance of rights and interests and to settle the matter of the applicability of the limitation or exception on private copying in the digital environment; 4. Develop legislation on limitation and exceptions on technological measures in order to promote education and to regulate the interface or interaction between the legal protection of technological measures and the limitations or exceptions for the benefit of education and research; 5. Formulate and develop public policies with regard to the use for educational purposes of works protected by alternative licensing models, i.e. free licenses and open educational resources and to facilitate the reuse and transformation of virtual learning objects; 6. Give educational establishments legal certainty with regard to their liability for violations by students of copyright in the digital environment.

  • A limitation or exception should be established to permit digital transformation or manipulation of works by students as part of their academic studies, with the exception that the work thus transformed should not be used outside the academic community and should not be subject to any kind of marketing or financial exploitation.
  • The same regulatory rules, however good they may seem, need not be applied indiscriminately to all countries in disregard of the particular needs and circumstances prevailing in their individual stages of development.
  • The only case in which a homogeneous regulation is needed at the international level is with regard to the limitations and exceptions applicable to the use of works and productions in the online digital environment

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 31
Level of aggregation: Copyright legal system
Period of material under study: Not stated