Hi! Welcome to our blog for intellectual property law and practice in Latin America
Hola, bienvenido a nuestro blog de Derecho y práctica de la propiedad intelectual en Latinoamérica
Olá! Boa vinda a nosso blog para a lei da propriedade intelectual e a prática na América Latina

Chile: lights, camera, action


On May 7th the Chamber of Deputies of Chile open a debate regarding an initiative presented by the Executive, which seeks to modify Law 20,243. The draft Bill (bulletin 9889) seeks to modify the law that establishes rules on the moral and economic rights of performers and artistic performances which are fixed in audio-visual format.

Image result for movie directorThe debate was discussed by the Committee on Culture, Arts and Communications together with representatives of the National Society of Authors of Theatre, Cinema and Audio-visuals (ATN) as well as Chile Actor’s president Ms Esperanza Silva. The debate put forward the need to add that both, directors and screenwriters, have a patrimonial right on the registration of the work.

In this context, the actress Esperanza Silva acknowledged how important it is to be granted rights over works, specially to writers and audio-visual directors and said that this is in need and just. She noted that music authors have enjoyed many rights since way back and she felt that it was an appropriate policy to be extended to directors and screenwriters. Another interesting proposition is seen in Art 4 which establishes as an ‘obligation’ that any payment/royalties must be paid through the corresponding collective management.

After hearing the proposals of the guests, Deputy Marcos Espinosa (PRSD), said the project should pick up the signs for ‘safeguarding’ under the law what is happening in the reality. Additionally, the President of the Commission, Deputy Roberto Poblete (IND), said that "today was a tremendous contribution to listen to the representatives of ATN and Chile Actors, since our directors and script writers are very vulnerable and justice is of paramount to them”.

 Finally, the deputy Poblete said the next guidelines to be followed with respect to the project is to "try to establish a very clear definition of the different roles inside of audio-visual production” and which ones are under the umbrella of intellectual property.

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