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Saturday, 22 September 2018

Patricia Covarrubia

Peru: A red card for Roja Directa

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In Peru, the Copyright Commission, which is branch of the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), announces that it has issued two precautionary measures Resolutions No. 444-2018 / CDA-INDECOPI and No. 445-2018 / CDA-INDECOPI ) against a webpage.

The Commission has ordered the blocking of the website named ‘Roja Directa’, which facilitates illicit access to the transmission of various sporting events, in particular, football matches. For example,a bit of a search would indicate that they are the 'world's biggest index of sport streams'. The Resolutions were imparted to Telefónica del Perú S.A.A. and América Móvil Perú S.A.C., both Internet service providers. They shall proceed to block the website called 'Roja Directa' which contains several e-addresses. [Back in 2015 we may remember that in Spain a court also requested 'Roja Directa' to immediately cease its dissemination activity which was through the provision of links, of the football matches of the Spanish League and the Copa del Rey].

Roja Direct was infringing copyright and secondary rights as it contained a list of links that were transmitting simultaneously a sport event without having neither a license nor authorization by the company Fox Latin American Channel LLC (the right holders).The Decision No. 486 establishes the Common Industrial Property Regime of the Andean Community (Bolivia, Colombia, Ecuador and Peru are all members) and, the Decreto Legislativo N° 822 de 23 de abril de 1996 regulates Copyright. In the latter, it is noted that the economic rights, derived from the property of a copyrighted work, grants the author (owner) the right to prevent third parties from: communicating to the public, reproducing, distributing and transforming the work. It is strongly advised to register copyright in Peru, although it is not compulsory.

The precautionary measure was requested by Fox Latin American Channel LLC in order to protect its rights. Currently there are collecting societies in Peru such as: APDAYC for the authors and composers of musical works; UNIMPRO for phonogram producers; EGEDA PERÚ for audio-visual producers and; APSAV for visual artists. They are non-profit organizations.

Patricia Covarrubia

Patricia Covarrubia