In conclusion, given the speed with which the judge can request the cease and desist of the infringement and the term of copyright protection, Colombia has positioned itself as an attractive country for the resolution of these disputes.
Nathalia Nieto Hernández
Copyright law is a fundamental legal framework that regulates the creation and dissemination of intellectual property. It protects original works of authorship, such as literary, musical, artistic and other creations. Copyright infringement can occur in various forms, such as piracy, counterfeiting and plagiarism. This article aims to explore comparative law in copyright infringement in the United States and Colombia.
Copyright law in the United States is regulated by Title 17 of the United States Code. It is a federal law that grants exclusive rights to copyright holders. The rights include the right to reproduce, distribute, perform, display and create derivative works of the original work. Copyright infringement occurs when someone violates any of these exclusive rights without the consent of the copyright owner. Copyright infringement can result in civil and criminal penalties, including monetary damages, preliminary injunctions and imprisonment.
In contrast, copyright law in Colombia is regulated by Law 23 of 1982. This is a civil law that grants authors the right to reproduce, distribute and communicate their works to the public. The law also protects moral rights, including the right to be recognized as the author of the work and the right to protect the integrity of the work. Copyright infringement in Colombia is also subject to civil and criminal penalties.
In both the United States and Colombia, copyright infringement can be established by direct evidence or by showing substantial similarity between the original work and the infringing work. However, in the United States, the courts apply the fair use doctrine, which permits the use of copyrighted material without the owner’s consent for purposes such as criticism, news reporting, teaching, scholarship or research. The fair use doctrine is not absolute, and courts evaluate each case based on four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work.
On the other hand, in Colombia, the law does not include the doctrine of «fair use», so it is the law that determines the exceptions to copyright infringement. In this sense, in Colombia, the judge’s interpretation is limited and the possibility of a preliminary injunction being decreed when demonstrating a possible infringement is high.
In this sense, the decree of a preliminary injunction contributes to the immediate cessation of the infringement, making Colombia a territory with an advantage for an immediate solution in the face of an imminent infringement.
Another notable difference between copyright law in the United States and Colombia is the scope of protection. In the United States, copyright protection lasts for the life of the author plus seventy years. In contrast, in Colombia, copyright protection lasts for the life of the author plus eighty years. The additional ten years of protection in Colombia is intended to provide more substantial economic benefits to authors and their heirs.
In conclusion, given the speed with which the judge can request the cease and desist of the infringement and the term of copyright protection, Colombia has positioned itself as an attractive country for the resolution of these disputes.
Nathalia Nieto is a lawyer for the litigation area of OlarteMoure, with extensive knowledge in civil and administrative processes. Specialist in Industrial Property Law, Entertainment Law and Procedural Law. Lawyer from the Universidad del Rosario with emphasis in commercial law and criminal law and specialization in commercial law.
