Chile is about to become the first country to successfully kill creative commons and other open licensing for audiovisual works with a copyright bill that has been already approved in the House of Representatives in an unprecedented fast speed. It is now in the Senate. This dream bill for collective societies of rightholders is the Bill for Copyright for Audiovisual Authors.
Here is a link to the bill and the legislative discussions. Here is how it works against open licensing:
Today Chile already provides for exclusive rights for authors of any work including audiovisual works and provides a limited legal transfer to the producer of a cinematographic work. This rights include the whole package of Berne and WCT, and you know what it means so I will not go there.
The new bill creates in ADDITION to those rights a non disposable nor waivable right for a remuneration for the reproduction, making available, communication to the public, renting for the audiovisual authors, which at the minimum include directors, screen writer, music composer etc.
This new rights is not affected by any transfer made by the author before this law rules.
And on top of that, this bunch of rights will not be exercised by the author himself but are subject to mandatory collective license administration.
So even if an author has granted or wanted to provide a open license, with regard to this new rights will not be able to do it (an not waive the remuneration and has to be done by the collective society).
To close the circle, this bill also makes mandatory collective societies administration of similar rights for audiovisual performers.
And in the case of authors, according to TRIPS, WCT and the rest of treaties mandating national treatment, it will also affect foreign audiovisual works.
In this context I would much appreciate numbers of audiovisual works currently under creative commons and other open licensing worldwide and if possible the case of Chile to show legislators what will be the impact for access.
Also any other inputs on this topic or actions to explain why this is a bad idea not only for the public but also authors and audiovisual artist and producers are wellcome.
To contact the author of this Blog: Luis Villarroel Director of Innovarte. at info@innovarte.cl
