On 11 May 2026, a workshop was held at the Universidad Católica de la Santísima Concepción (UCSC) in Concepción, Chile, dedicated to analysing compensable adaptations of copyright-protected works in the Latin American context, as part of the Smart IP Initiative for Latin America (SIPLA).

The meeting addressed the legal and economic criteria necessary to determine when a transformation of a protected work should fall within a regime of permitted use subject to compensation, as well as the possible structure and functioning of an appropriate compensation mechanism for Latin America.

The workshop continued the analysis begun in the webinar held by the SIPLA Initiative on 14 April 2026, featuring renowned experts in the field (www.youtube.com/live/HxYZ2IFtpMQ), whose contributions and opinions formed part of the discussions at the workshop itself at UCSC. These academic events discussed the criteria for determining compensable transformations, as well as the structure and operation of a compensation mechanism for such uses in the specific context of Latin America.

As is well known, the transformation of protected works currently constitutes a new form of creation, particularly with regard to user-generated content in digital environments. However, the authorisation legally required in such cases entails high transaction costs and can lead to unfair and inefficient market situations where there is no permitted use and no corresponding legally enforceable compensation for the copyright holders of the transformed works.

In this regard, both in the webinar and in the workshop, participants discussed the conditions that such transformations must meet in order for copyright to be limited, and furthermore, to establish equitable remuneration for the holders of the relevant rights. There was also a discussion on the stakeholders, rights flows and financial flows that should underpin a compensation mechanism, based on the specific needs and conditions of Latin America regarding the creative market and collective management.

Workshop participants

- Reto Hilty, Germany (SIPLA - MPI)

- Christian Schmitz, Chile (UCSC)

- Hugo di Carlo, Uruguay (AGADU)

- Juan Correa, Argentina (SIPLA - MPI)

- Juliana Krueger Pela, Brazil (SIPLA - MPI - USP)

- Magdalena Iraizoz, Argentina (CADRA)

- Mónica de la Fuente, Chile (SCD)

- Nicolás Hermida, Argentina (SIPLA - MPI)

- Rafael Fariñas, Chile (CISAC)

- Roxana Blasetti, Argentina (SIPLA - MPI)

- Maria Alejandra Echavarría Arcila, Colombia (SIPLA - MPI - UPB)

Webinar participants

- Ana María Pérez Tétrel, France

- Juan Carlos Monroy Rodríguez, Colombia

- Daniel Peña Valenzuela, Colombia

- Maria Alejandra Echavarría Arcila, Colombia

Recording: www.youtube.com/live/HxYZ2IFtpMQ