Dec 222014

accesoabiertoReposted from Ditigal Rights LAC, Link (CC-BY)

Access to knowledge was the topic that Karisma Foundationpresented during the thematic hearing before the Inter-American Commission on Human Rights (IACHR) on the impact of Internet on defense and exercise of human rights. The hearing was held in Washington, during the 153rd Session, on October 28, 2014.

Access to knowledge, as a human right closely linked to freedom of expression, is a complex and broad topic. However, the focus of the presentation was about the tension intensified with the popularization of Internet between the legal copyright system and the right of Latin American societies to access to knowledge and information for ensuring social development. Continue reading »

Oct 202014
bolivian dancers - Gatol Fotografía  CC-BY-SA

Gatol Fotografía (CC-BY-SA)

[Cross posted from Fundación Karisma, Link, (CC-BY)] In Bolivia, La Paz’s City Council is discussing the “Municipal Autonomy Bill No. 100,” which seeks to create mechanisms to ensure the protection of the public performance right of musical works via strengthening collecting society system.

The draft law has generated considerable public discontent in Bolivian society because it is quite broad in powers granted to the country’s main collecting society, SOBODAYCOM. The bill seems to have a very wide scope as it suggests that to develop any musical activity in the city of La Paz hereunder the SOBODAYCOM’s authorization will be required. The entity will grant it upon payment of the appropriate license. Continue reading »

Jul 282014

boteroI would like to draw your attention to a copyright case in Colombia in which biology student Diego Gomez is facing criminal charges after sharing a Master Thesis written by another Colombian biologist (without asking for permission) in 2011 on the Internet. We believe this case is evidence of exaggerated criminal copyright laws, and also evidence of the need to rethink the way that science circulates.  I can give more information to those of you that might be interested. Continue reading »

Open Education Week: A Focus on Latin America

 Posted by on March 11, 2014  Comments Off on Open Education Week: A Focus on Latin America
Mar 112014

botero[Reposted from Creative Commons Affiliates Blog, Link (CC-BY)]On Thursday, March 14 Fundación Karisma, in collaboration with UNESCO and Creative Commons will launch the report “Public Expenditure On Education in Latin America: Can It Serve the Paris Open Educational Resources Declaration’s Purposes?”

“Human rights are not left at the door when we enter the online world.” This is the premise on which we embark on a new research project related to one of the fundamental rights under threat in a networked society: access to knowledge. Continue reading »

Mar 092014

nomas301-300x168[Reposted from, Link, (CC-BY-SA)]  Como cada año la USTR (Oficina de Comercio del Gobierno de EE.UU) elabora su Informe Especial 301 que es simplemente una lista negra de los países piratas que ha sido ampliamente criticada como ilegítima pues es unilateral (desconoce los canales internacionales acordados en la Organización Mundial de Comercio para resolver conflictos de este tipo), resulta una afrenta a la soberanía de los países y en todo caso es el resultado de un procedimiento arbitrario. Continue reading »

Jan 302014

Carolina Botero

[Reposted from Digital Rights LAC, Link, (CC-BY-SA)]  At Digital Rights LAC we wanted to ask different specialists in the region about their personal appraisals on digital rights issues. This is the case of Carolina Botero from Colombia. We asked her what the main achievements were regarding the “exceptions and limitations to copyright” and what direction these discussions took in 2013. Here is her reply. 

Bearing in mind that Colombia is anticipating a copyright reform, essentially to fulfill the commitments of the FTA with the USA (ie commercial interests of the holders), 2013 was, however, an interesting year for the “positive agenda” that the country’s Karisma Foundation is pushing, which has exceptions at its central axis, which are understood as guarantees of fundamental rights and not as favors for the holders. Continue reading »

Jun 122013

Claudio Botero[Translation of RedPaTodos press release]  On May 17th, the Minister of Internal Affairs, Fernando Carrillo, and the Minister of Commerce, Industry and Tourism, Sergio Diaz-granados, presented Bill 306 of 2013 to the House of Representatives,  The Bill aims to implement some of the commitments of the  Free Trade Agreement (FTA) with the United States on copyright. The initiative takes up almost identically the text of the 1520 Act that was declared unconstitutional by the Colombian Constitutional Court in January. Continue reading »

May 202013

Claudio BoteroLast Friday while celebrating the Internet day the government introduced a Bill, reproducing essentially the text of the former Law1520 (Ley Lleras 2) before the Congress. Despite the several citizen claims (last one) to open a civil dialogue when implementing the US FTA obligations before taking them to parliament, and after 3 failed attemtps to reform the Copyright system during the last 2 years (Ley Lleras 1 on ISP liability was filed , Law 1520 or Ley Lleras 2 that was implementing other copyright provisions was declared unconstitutional, and the 001 bill that developed some basic exceptions but in a very restrictive way and was finally retired this past week. Continue reading »

Sentencia de Corte Sobre Ley Lleras 2: Inexequible

 Posted by on March 21, 2013  Comments Off on Sentencia de Corte Sobre Ley Lleras 2: Inexequible
Mar 212013

colombia flag - better cropping[Published on, CC-BY] El 23 de enero de 2013, la Corte Constitucional comunicó su decisión de declarar INEXEQUIBLE en su integridad la ley 1520 de 2012 (Ley Lleras 2), demandada por el Senador Jorge Enrique Robledo. El pasado 18 de marzo fue publicado el texto de la sentencia C-011 de 2013 y se mantienen pendientes de publicación los respectivos salvamentos de voto. Daniel Ríos Sarmiento, colaborador de la Fundación Karisma, resume así el logro que representa esta sentencia: Continue reading »

Mar 042013

colombia flag - better croppingThe issue of orphan works has been systematically ignored in Colombia, but it has suddenly appeared as part of draft legislation to reform to the country’s system of Copyright Collecting Societies.

At the end of 2012, the Colombian Performance Rights Organization (Sayco) faced an important scandal that led to the resignation of its manager, and later to the resignation of the head of the Copyright Office. Reports on the society’s bad practices were followed by the Copyright Office’s decision in 2012 to take control of Sayco using their surveillance powers given by law. This situation was one of the main factors that led the government to promote a reform of the Colombian system of copyright royalty management. Continue reading »

Jan 282013

boteroThe official press release of the Colombia’s Constitutional Court confirmed that #LeyLleras2 was declared unconstitutional in its entirety due to procedural irregularities during its process in Congress.

The Court after analyzing the content of the Act found that it mainly regulated copyright and related rights. For this reason, the approval on first debate of the bill should have been done in the first commissions of Congress because it was an intellectual property issue, and not in the second commissions in charge of international affairs. Continue reading »

Jan 242013
*imagen de OpenSourceWay cc (BY-SA)

*imagen de OpenSourceWay cc (BY-SA)

[Cross posted from] Yesterday, January 23, the Constitutional Court of Colombia decided about the constitutionality of the law known as #LeyLleras2 (1520 of 2012 Act). According to the press information available at this moment, the Court declared the unconstitutionality of the entire law due to procedural irregularities incurred in Congress because the law was processed in the Second Commission of Congress, like an international treaty, but not as the internal implementation of an intellectual property law which the process should have been carried out in the First Commission. Furthermore, the 1520 Act was processed as an ordinary law and not as a statutory law. Continue reading »