Case Law Analysis: Tools for addressing current copyright issues

This area of Intellectual Property has been shaken to its foundations in recent times, due to significant technological advancements, the digital environment, and artificial intelligence that challenge the traditional boundaries of Copyright and the ways of reproduction, commercialization, transformation, distribution, and communication of works to the public.

Area(s)

Copyright Law Committee

Harmonization and Jurisprudence Committee

Coordinators

Mercedes Castells

Fabrizio Modica

Soledad Alvarez

Eduardo Varela

Objetives

It is unavoidable to know what are the problems, trends, and recent decisions adopted by Copyright Offices, Administrative and Judicial Authorities in the field of Copyright. Decision-makers today face the challenge of analyzing and ruling on issues that were unthinkable in the past.

As a working methodology, the different topics will be grouped into blocks, which will be accompanied by the analysis of the adopted decisions. The analysis of current case law will provide participants with valuable tools for addressing practical issues involving these matters.

Evaluation System

(Español)

Para aquellos alumnos que deseen contar con un certificado de aprobación del curso, al término de este deberán de presentar un trabajo final o artículo vinculado a algún punto desarrollado en el programa, teniendo en cuenta los parámetros y normas de publicación de los cursos de ASIPI Acade

Platform

Zoom

Language

Español

Ingles
With translation
Portugues
With translation

Investment

Member US$ 100
Non member US$ 400
Non members with partners in ASIPI US$ 200
Student US$ 50
Members of Support Associations Not Available

Support associations

Teaching hours 16
Class duration 2 Hrs.
Number of modules 8
Period March 5 to April 30, (March 26th, no classes due to Easter Week)
Quotas AVAILABLE
Schedule From 4:00 to 6:00 pm (Time Quito/Lima/Bogota)


Module 1

Artificial Intelligence and Authorship

1. The challenges caused by the creation of works, either wholly or partially, through Artificial Intelligence will be analyzed concerning authorship. Internet and machine learning.
Various legal rulings will be studied, such as the decision of the US Copyright Office - in the Stephen Thaler's case for attempted registration of a work created by the Creativity Machine program, where it was determined that Copyright protection applies only to works created by human intelligence. The Federal Judge of Washington DC, District of Columbia, Beryl A. Howell, also ruled in line with the Copyright Office on Stephen Thaler's case.

2. Work created with the assistance of artificial intelligence can be protected if there is sufficient human creativity.

3. Post-mortem rights management based on artificial intelligence.

4. Other legal rulings and issues.



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Speaker

Megan Carpenter
(United States of America)

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Speaker

Ed Timberlake
(United States of America)

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Module 2

Prejudicial interpretations by Court of Justice of the Andean community on Copyright matters (Part 1)

1. Study of various recent Prejudicial Interpretations by the Court of Justice of the Andean Community interpreting various rules related to copyright.

2. CASES 32-IP-2022 and 120-IP-2022 - Prejudicial Interpretations on the public communication of musical works and the use of phonograms administered by a Collective Management Entity.

3. CASE 68-IP-2021 - Prejudicial Interpretation on the forms of exploitation that can be agreed upon in a contract for the transfer of patrimonial rights, as well as authorization or license of use, under the provisions of Article 31 of Decision 351.



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Speaker

Gustavo García Brito
(Bolivia)

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Module 3

Prejudicial interpretations by Court of Justice of the Andean community on Copyright matters (Part 2)

We will continue studying  various recent Prejudicial Interpretations by the Court of Justice of the Andean Community interpreting various rules related to copyright.

4. CASE 205-IP-2022 - Prejudicial Interpretation on the alleged infringement of the copyright patrimonial rights by the public communication of works of audiovisual producers represented by a Collective Management Entity.

5. CASE 144-IP-2020 - Prejudicial Interpretation on the alleged infringement by DIRECTV COLOMBIA LTDA. of the copyright patrimonial rights of audiovisual producers associated and represented by EGEDA Colombia, by publicly communicating audiovisual and cinematographic works contained in their repertoire through the retransmission of broadcasts through the service of subscription television (or closed-circuit signal), without proper authorization.

6. CASE 2-IP-2022 - Prejudicial Interpretation on the alleged copyright infringement regarding the unauthorized publication of the work "PANORAMIC PHOTOGRAPHY OF BOGOTA."



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Speaker

María de los Angeles Lombeyda
(Ecuador)

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Module 4

Authorship and Moral Rights

Resolutions issued in relation to the following topics will be studied:

1. AUTHORSHIP. Decision 104/2023 of March 3, 2023, from the Commercial Court 03 of Madrid. Paco de Lucía (authorship and co-authorship of a musical work, discussions).

2. MORAL RIGHTS. Affectation of the moral right of integrity of the work. Ruling in Mexico - Jurisprudence states that to claim the author's right to preserve the integrity of his work, it is not necessary to prove the concurrence of  "any distortion, mutilation, or other modification of it”.
Ruling from the National Directorate of Copyright of July 16, 2020, regarding file No. 1-2017-46981, through which the moral right of paternity is recognized as a defense against accusations of plagiarism or infringement of an alleged author's patrimonial right.



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Speaker

María Soledad Alvarez
(Argentina)

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Speaker

Eduardo Varela
(Colombia)

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Module 5

Audiovisual. Biopics and other issues

Analysis of the main problems when producing an audiovisual work within this genre. Sentence T-628/17. Use of footage in audiovisual works.



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Speaker

Juan Felipe Acosta
(Colombia)

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Module 6

Exceptions and Limitations, and Fair use

1. Fair use and transformative use of original work modified without the author's authorization. Analysis of the ruling in the Andy Warhol and Lynn Goldsmith case.

2. Colombia. Analysis of the ruling of the Superior Court of Bogotá on June 3, 2020, regarding the incidental use of a painting in an audiovisual work (three horses on the beach) in the Caracol Televisión case.

3. Copyright and Software. US Supreme Court ruling of 2021, Google vs. Oracle, also linked to the fair use issue.



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Speaker

Martín Moscoso
(Peru)

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Module 7

Civil Infringements

Analysis of various rulings, including:

1. Objective or subjective liability in copyright infringement. TJCA Case 191-ip-2021 prejudicial interpretation on alleged copyright infringement regarding the unauthorized publication of PHOTOGRAPH.

2. Two case laws issued by Mexico’s Supreme Court of Justice of the Nation address the matter of compensation for moral or material damages to copyright. One of them indicates that this concept is different from the damages and losses under civil legislation, without this meaning that simultaneous payment for both moral damages to the author and damages and losses incurred, may be ordered, as it would equate to allowing a double charge for the same concept.



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Speaker

Marco Antonio Morales
(Mexico)

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Module 8

Commentary on recent decisions from European Union

Commentary on recent copyright decisions.

 



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Speaker

Llanos Cabedo Serna
(Spain)

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