Area(s)

  1. Entertainment Law
  2. Copyright Law
  3. Sport Law
  4. Technology
  5. Data Protection

Coordinators

  • Marcelo Garcia Sellart
  • Aldo Fabrizio Modica
  • Jose Roberto Herrera
  • Jose Antonio Arochi

Costs

Member

US$ 200

Non members with partners in ASIPI

US$ 300

Non member

US$ 500

Support

The Creative Industries is a concept that has begun to be used to identify the value chain of the so-called cultural or creative industries and which mainly comprises copyright and entertainment law.

The course has an innovative value in itself as there is very little academic offer on the subject. The proposed idea is to have an academic offer from intellectual property to the legal community about the legal business involved in the "creative industries".

It is important to point out that large companies and SME’s, entrepreneurs, artists and creative groups, and the mechanisms for fostering and promoting the public sector are the main protagonists of the "creative industries".

Finally, the use of this concept will serve as a common thread and unifying concept of ASIPI's academic offer in the last years.

 

Objetives

To offer ASIPI's members a training and update instance on the new structure of the value chain of the creative industries, in order for them to be able to detect new business opportunities and to have conceptual tools to attend the cases they are consulted on.

In this sense, it is important to point out that although the course will address practical aspects, the objective is not to provide concrete solutions to specific cases but to learn to think legally about the issues on which clients consult.

There are two basic reasons for this:

  • There is no way to create a model of the legal knowledge on an explosively dynamic market that creates new business models and new supporting technologies every day.
  • Many of the issues involved in this type of business are strongly impacted by local legislation (also in constant evolution); therefore, it is more important to learn to detect the legal issues that each aspect of the new business models raise.

Teaching hours

35

Number of modules

6

Class duration

120 minutes

Period

14 September- 12 November

Start date

14/09/2020

Final date

12/11/2020

Quotas

Open

Platform

To be define

Schedule

Tuesday and Thursday from 4 to 6 pm Lima/Bogotá Time

Language

Spanish

Modules

Module 1:Technology and its Impact on the Creation of Works and the Ownership of Rights

Content

The concepts of originality and novelty in the context of digital culture: mashups, remixes, memes, parodies, appropriation, intervention. New forms of creation and the ownership of rights: collaborative art, user-generated content, creations using artificial intelligence. Intellectual property and the terms and conditions of use of networks and platforms for hosting and distributing content.

Discussion and opinion topics:

  1. i) Moral rights in the context of new technologies (we are all artists, producers, performers, directors, authors on the networks);
  2. ii) Intellectual property deposits in blockchain-based systems: are they legally viable? Is it a practical response to the interests of the creators? Is it a recommended protection strategy?

Teaching hours

6

Speakers

Marcelo García Sellart

Argentina

Coordinator

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Pablo Solines

Ecuador

Speaker

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Juan Felipe Acosta

Colombia

Speaker

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Module 2: Entertainment Law

Content

The work against digital culture. Merchandising and transmedia works: intellectual property and contractual issues. Entertainment law contracts. Creative commons licenses. The new content distribution models: OTT (AVOD, TVOD, SVOD) and social networks. The rights of content distributors through digital media. New regulatory issues: access to cultural assets, quotas and content regulations. Non-remunerative restrictions and compulsory content licenses. Free access to content during the pandemic: intellectual property issues. Freedom of expression. Net neutrality and content distribution. The role of collective management societies in the face of new forms of content creation and distribution. Licensing mechanisms and content distribution models. Access to content as a service: consumer rights.

Topic for debate and opinion:

  1. i) The independent author, producer and performer and the collective management of rights;
  2. ii) Local regulations versus digital creative industries.

Teaching hours

8

Speakers

Aldo Fabrizio Módica

Paraguay

Coordinator

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Catalina Carmona

Estados Unidos

Speaker

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Rafael Ernesto Ortin Perozo

Venezuela

Speaker

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Gerardo Muñoz de Cote

Estados Unidos

Speaker

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Module 3: Video games and eSports

Content

Intellectual property issues involved in video games. Industry regulatory issues. Sponsors. Publishers and independent developers. The participation of minors in competitions. The structure of competencies and the influence of trademarks.

Topic for debate and opinion:

  1. i) Are eSports a sport?;
  2. ii) Should eSports be regulated?

Teaching hours

4

Speakers

Aldo Fabrizio Módica

Paraguay

Speaker

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José Roberto Herrera Díaz

Colombia

Speaker

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Module 4: Marketing and advertising as a creative industry

Content

Advertisement and sponsored content. Product placement. Influencers. Virtual reality and augmented reality. UGC. The rules of self-regulation. Artificial intelligence applications in marketing and advertising and their legal aspects. Cookies. Geolocation. Use of personal data.

Topic for debate and opinion:

  1. Consumer information on e-commerce networks and pages;
  2. The application of unfair competition rules to creative industries.

Teaching hours

5

Speakers

José Antonio Arochi

México

Coordinator

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Victoria Beckman

Estados Unidos

Speaker

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Gustavo Rodríguez García

Perú

Speaker

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Module 5: Image rights in the digital context

Content

Gamers, youtubers, influencers. Virtual artists. Memes of celebrities and people who are not public. Minors and their participation in the networks. The right to image and the right to privacy. Reputation in the digital environment and the right to be forgotten.

Topic for debate and opinion: Is there a right to a digital personality?

Teaching hours

6

Speakers

José Roberto Herrera Díaz

Colombia

Coordinator

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Eva Toledo

España

Speaker

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Rodrigo Velasco A.

Chile

Speaker

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Ricardo Gordó Llobell

Argentina

Speaker

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Module 6: Piracy in the digital environment: modalities and monetization strategies

Content

The economics of content piracy and its impact on the creative industries. Strategies to combat piracy in digital fields and e-commerce platforms.

Topic for debate and opinion: new forms of creation and exploitation against intellectual property rights: how should an infringement be defined in the current context?

 

Teaching hours

5

Speakers

Marcelo García Sellart

Argentina

Coordinator

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Estela De Luca

Argentina

Speaker

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Maria Cecilia Romoleroux

Ecuador

Speaker

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