NEWSLETTER JULY 2018
IFPI LATIN AMERICA
Senate of Colombia approves Bill to increase term of protection for recordings to 70 years.
Following multiple previous attempts, the Colombian Senate has
approved the Bill to modify copyright law in order to implement Colombia’s
Free Trade Agreement (FTA) with the USA. The legislation will increase
the term of protection for recordings to 70 years. Importantly, no safe
harbours, fair use provisions, or limitations to the communication to the
public right were included in the legislation. IFPI, together with the US
Embassy, has been lobbying the Colombian government to comply with
this FTA obligation for some time. The Bill is pending on the conciliation
of texts between the Senate and the House and it will then go to
Positive Supreme Court Decision in Paraguay paves way for performance rights revenue growth marking further success in IFPI campaign to promote performance rights in Latin America.
IFPI’s affiliated music licensing company (MLC) in Paraguay has seen a challenge to its ability to collect performance rights quashed by a positive ruling in the Supreme Court of Justice. The Court ratified six articles of copyright law that has been challenged, paving the way for greater performance rights revenue growth in the country.
IFPI hosts Annual Latin American and Caribbean regional group meeting in Argentina.
June 19 and 20, IFPI’s LatAm regional office organised the annual
meeting of IFPI’s Latin America and Caribbean national groups in
Mendoza, Argentina. The meeting, attended by members of IFPI’s
global team, brought together over 20 affiliated organisations and
provided an opportunity to discuss IFPI’s global priorities, priority
issues for the region and to share best practice in areas such as
policy engagement, anti-piracy operations and performance rights
Weakened rights for performers and producers in Uruguay.
The future agreement between Mercosur and the European Community will throw a spotlight on the inequalities that exist between Uruguayan performers and producers and their peers in Mercosur, Europe and virtually the rest of the world. Uruguay will be choosing to stick to the fifty-year term of protection for its artists’ works, while the EC and the other Mercosur countries already apply a minimum of seventy years, and is actually proposing this for all the signatories of the agreement. Uruguay’s refusal to modify its legislation as per the agreement’s requirements once more reveals the unfair conditions faced by the country’s artists, authors and producers regarding the terms of protection for their rights. The time is ripe to take action and demand that fair rights, equal to those of their foreign peers, are granted to Uruguayan artists.
IFPI has participated in two meetings held between Central American Governments, the Dominican Republic and WIPO.
Earlier this year, the World Intellectual Property Organization (WIPO)
sponsored two seminars, which were attended by National Copyright
Directors in this region of the Americas as well as representatives from
IFPI Latin America and other international organizations. A WIPO workshop
was held on April 19 and 20 in Guatemala City with three goals in mind:
assessing collective management in each country, discussing proposals
and positions across sectors, and exchanging ideas with a view to
enhancing collaboration between governments, MLCs and user associations.
Another meeting was held on June 5 and 6 in Punta Cana, Dominican
Republic, with the objective of discussing the repercussions of the ratification
and implementation of the Beijing Treaty on Audiovisual Performances.
Brazil: the removal of illegal music apps hits record figures.
APDIF Brasil, IFPI’s antipiracy office in Brazil and a member of Pro-Música Brasil (PMB), has identified the massive and illegal use of mobile apps for unauthorized music distribution based on copycatting, i.e., the abusive use of artists’ names. These apps use the names of artists involved with record labels that are members of IFPI to advertise their services among users. In addition, they gain access to users’ personal information on app installation and resort to ads of unknown origin for monetization purposes. To date, a total of 599 apps and 145 developers have been reported on GooglePlay, signaling a record number of simultaneous cases for this type of unlawful use. This new breed of illegal apps originated in Brazil around 18 months ago, and became popular among developers as a means for abusive marketing. These applications are a security risk for users because they access their personal information, incur abusive advertising, and devalue the brands associated with artists as a result of the unauthorized use of their names and music content. The reported abusive apps are removed, and their developers are banned from the marketplace.