Encrucijadas del derecho de autor
Copyright was one of the first legal disciplines that faced the challenges of the digital economy and the new globalization. The roles of creators, managers, and users have been transforming and intermingling with the help and influence of large communication networks and the ever-changing computer tools that dominate business and everyday life. In this context, copyright faces multiple crossroads that will be final in its future configuration. In this work, several of these challenges are analyzed: the strengthening of collective management in a scenario in which public communication prevails; the exhaustion of the right of distribution in a world of diffuse borders; the protection of photographic work in the digital environment; the system of exceptions and limitations as a mechanism to harmonize interests that converge in copyright, with special reference to the “three-step rule”, the fair use doctrine, the parody exception, the private copy limit and freedom of expression, and, finally, the attribution of jurisdictional functions to an administrative authority for better effectiveness of authors' rights.
Author: Martínez Juan Carlos, Córdoba Juan Fernando