The workshop came with a relevant background. The Max Planck Institute for Innovation and Competition was, together with more than 20 international copyright academics, the author and promoter of the "International Instrument on Permitted Uses in Copyright Law" published in 2021. The Instrument is the result of a research project for a balanced reconciliation of interests in copyright lawand resulted in a legal instrument designed in the form of an international treaty establishing a core of minimum permitted uses of works. The approach undertaken on the basis of "minimum permitted uses" counterbalances the traditional "minimum protection" approach of international copyright law.
A number of objectives were set in Curitiba. The main one was to know Latin America's perception of the degree of flexibilities that the region has and the importance or need to move forward in the adoption of greater flexibilities. At the same time, the genesis, importance and structure of the International Instrument on Permitted Uses in Copyright Law was presented and explained. Complementarily, we sought to explore lines of research.
The proposed dynamic was to set out basic assumptions and address them around thematic axes that brought together working hypotheses. These axes were:
There were very interesting debates and counterpoints involving the appreciation of fundamental rights, the definition of flexibilities and remedies in the face of dysfunctional scenarios, the dynamics of new business models on digital platforms, the obstacles to creativity, the tension between creative and derivative right holders, the legislative and judicial work in the face of the new challenges posed, and the imbalance in terms of the bargaining power of the parties involved, among other issues.
As a result of the two days of work, a certain consensus was reached regarding the fact that national copyright laws in Latin America do not adequately respond to cultural creativity and regional scientific activities, nor do they respond in a way that allows users in Latin America can derive the widest possible benefit from protected works – especially in light of the challenges posed by the digital economy.
As the workshop progressed and with the development of working hypotheses, it was also concluded that Latin America has not yet responded effectively to the challenges that the digital economy poses to copyright law, and that Latin American countries do not take advantage of the possibilities offered by international copyright law to respond flexibly to regional needs.
Among the lines of research identified are the following:
Participants:
