Chile’s schizophrenia regarding copyrights and other laws

Posted in Legal, State at 7:34 pm by Jens Hardings

Thiru Balasubramaniam writes an interesting entry about Public Domain and Open Standards.  The position of Chile is particularly interesting, since our delegate gave an impassioned defence of why WIPO should engage in further examination of proposals to “consider the protection of the public domain within WIPO’s normative processes” and to draw “up proposals and models for the protection and identification of, and access to, the contents of the public domain”. However, the laws governing the country do not consider such an agenda. The following are the main points:

  • There are no exceptions related to disability of certain users
  • There is no right to private copies
  • There is no specific exception for libraries
  • Exceptions for educational development are excessively restrictive
  • Right of illustration has been derogated
  • Right of quotation has been excessively restricted through a regulation

The details of this schizophrenia are explained in a public letter (spanish version also available). It is to hope that the face shown to the outside world will have an impact on how the law regulates the life inside the country. It is a step in the right direction to have this new speech, so at least somebody has the right intentions. Let us hope that somebody will prevail. At least that somebody has a lot of support on the part of civil society.

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