Chile's New Copyright Legislation Would Make Creative Commons Licensing Impossible For Audiovisual Works

from the no-freedom-to-make-it-free dept

Techdirt has written many times about the way in which copyright only ever seems to get stronger, and how different jurisdictions point to other examples of excessive copyright to justify making their own just as bad. In Chile, there's an interesting example of that kind of copyright ratchet being applied in the same country but to different domains. It concerns audiovisual works, and aims to give directors, screenwriters and others new rights to "match" those that others enjoy. Techdirt has already written about this bad idea in the context of the Beijing Treaty on Audiovisual Performances. But it turns out that Chile's proposed copyright legislation adds an extra twist that makes it even worse, because these rights will be unwaivable -- an approach we've seen before in Portugal. Here's what that will mean in practice, as explained on by Luis Villarroel, from the Chilean organization Innovarte:

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.
According to Villarroel, the legislation is being promoted by the International Confederation of Societies of Authors and Composers -- and by Chilean collecting societies. By an amazing coincidence, the new licensing fees will all be administered by the latter. Villarroel first wrote about this move last year, when the legislation was approved in Chile's House of Representatives. Despite the delay, it is apparently back on the agenda, and will be considered by the Senate, the country's upper house, soon.

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Filed Under: chile, copyright, creative commons

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  1. identicon
    bob, 20 May 2016 @ 1:38pm

    a blanket and rope tied to four corners does wonders.

    I lived in Chile for almost 2 years. At least in the southern part of the country, but I suspect all over, pirating of media is commonplace. Walking down a street you could see in store windows stacks of DVDs that had a printed out cover and a burned copy of the movie inside.

    Probably the funniest thing I ever saw was that street vendors would lay out a blanket, tie a set of ropes to each corner meeting in the middle. The idea was if the police came around the corner, you could pull the rope from the middle the blanket and all your goods would get pulled up into a sack looking bag and you could just relocate to a new location.

    Option two was to just offer the cop a DVD of their choice and you could go on selling for a while till the next patrol came by.

    I even met a teen that would employ middle aged men to be the salesmen of the wares he download and burned the night before.

    Needless to say a country can outlaw whatever it wants, people will just do it anyway and find more creative means to circumvent the law.

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