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Tuesday 26 January 2016

Patricia Covarrubia

Another one bites the dust

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From Peru we heard that another collective society had failed. Last week we covered that INDECOPI’s Copyright Commission sanctioned INTER ARTIS Peru due to “not submitting documentation that would determine the rates set by that entity, [and by not] complying with the principles of reasonableness, equity and proportionality set out in the Law on Copyright.” (here).

Today the news is that INDECOPI’s IP chamber confirmed, on appeal, the sanction imposed on the Board of the Peruvian Association of Authors and Composers (APDAYC) – the collective society for the authors/composers of musical work. The original sanction suspended APDAYC’s duties for one year from the installation of an administrative board which will take charge of the association.
At first instance (sorry guys we missed this case) the INDECOPI’s Copyright Commission sanctioned with the suspension of its board of directors AND with a fine, due to the fact that the distribution of royalties was not proportional to the exploitation of the repertoire -- the infringement of Law on Copyright (Legislative Decree 822).

APDAYC appealed the decision which finally upheld the sanction imposed by the Commission on Copyright.

A new board
As part of the sanction APDAYC’s duties are suspended and the Chamber “ordered the installation of an administrative board for a period of one year, which shall consist solely of representatives of the various categories of APDAYC’s partners, who shall not be suspended board members.”

Image result for dustingINDECOPI notes that this decision aims “to apply systems of actual distribution that preclude arbitrary action, under the principle of equitable distribution among right holders in proportion to the use of their works, performances or productions.”

The new year appears to be cleaning some dust from these collective societies…will UNIMPRO (phonogram producers); EGEDA (audio-visual producers); and APSAV (visual artist), among others be checking their policies? I would!

Patricia Covarrubia

Patricia Covarrubia