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A discussion that could finally change copyright in Peru

Document Citado por Related
Vincent
AutorMiguel Morachimo
Páginas160-162

Page 160

See note 64

In the last chapter of a long debate, the National Institute for the Defense of Competition and Protection of Intellectual Property suspended the board of the Peruvian Association of Authors and Composers for one year. But what hides within this long discussion in a country like Peru, which is advancing irmly in its economic and cultural development? A radical change, perhaps.

During October 2013, an investigative report managed to inform the public on how copyright is designed and enforced in Peru. Its revelations have prompted congressional hearings, a state decision to suspend the directors of a collecting society, the irst designation, after ten years, of a new director for the Ofice of Copyright and up to thirteen bills that aim to modify the most controversial parts of the law. Does this represent a real change for copyright in Peru or is it just a temporary phenomenon?

Although the report by Marco Sifuentes and Jonathan Castro on the questionable operations of the Peruvian Association of Authors and Composers (APDAYC) was not the irst to talk about the issue, it has been the main one that has attracted the most attention in recent years.

The facts that were questioned covered at one end, the various conlicts of interest that linked APDAYC managers with radios, record companies, producers and a small group of artists. This also exposed a level of deep social discontent regarding certain rules inscribed in our legislation which allow collecting societies to charge for the use of music in marriages, nonproit activities and small businesses, such as hair salons or warehouses. Additionally, they would also include artists and works that are not even directly or indirectly part of their catalog.

Throughout several weeks, the number of reports that covered the bewilderment and reaction of artists, entrepreneurs, authorities and users towards the APDAYC, multiplied. In short time, and despite the attempts of its directors to justify their actions, the whole episode left an imprint among the Peruvian people, leaving them with the impression that something was certainly wrong with the APDAYC and that something needed to be done about it.

Page 161

The national authority in charge of supervising the collecting societies is the National Institute for the Defense of Competition and Intellectual Property (Indecopi). This administrative body was created during the nineties in order to specialize and decongest law enforcement...

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