The Chilean Congress House of Deputies has approved a bill that creates a new unwaivable right of remuneration for authors of (and contributors to) audiovisual works. To make things worst this new right is to be exercised only through collective management organizations. Here is the link to bill as approved in the House of Representatives.
This will mean that the music composer of a work embedded in any audiovisual work, the writer of the drama, the Director, the camera man, etc, will not be able to waive their rights or license for free through a creative commons license or any other open licenses, or give works to the public domain.
To make it worse, because of the national treatment obligations this bill will also apply to foreign audiovisual works.
This is new right is promoted by CISAC, and Chilean collective societies, so it might be modeled elsewhere. I invite those willing to preserve open licensing in audiovisual works not only in Chile but elsewhere, to help us to stop this legislative mistake. The bill is in the Senate so still there is a small window of time for civil society to step in. Especially from audiovisual authors to show the need to allow the possibility of waiving the rights or licensing for free, such as with a creative commons license. The next session will be 2 weeks from now, so we would appreciate anyone that can send testimony of authors or users association against this preclusion of open licensing. Send it to info@innovarte.cl, or even better, if you are in Chile, ask to be heard in the next session.
