Transformative uses constitute a new form of creation. In digital environments, and due to technological advances, the scope and need to transform protected works have expanded. In this context, a growing tension is emerging between copyright holders and users of protected works, insofar as the latter obtain income without necessarily sharing it with the former, and the requirement for prior and express authorisation imposes high transaction costs. Furthermore, given that works derived from transformative uses may compete directly with the transformed work, unresolved dysfunctions arise in the copyright market.

Although different mechanisms have been explored to balance the interests of the actors involved in transformative uses, studies on this problem and on concrete alternatives for Latin America are still in their infancy. Therefore, in this workshop, participants discussed the implications of this type of use with regard to user-generated content, as well as different mechanisms that could promote balanced and proportional compensation, specifically for the Latin American context.

The conceptualisation and taxonomy of “transformative uses” were addressed, as well as the distinction between the doctrine of transformative uses and the notion of transformation of protected works. In addition, the legal nature of this economic right of authors, its effects on the market and the existing regulatory frameworks in this area were analysed.

This was followed by a discussion of the different mechanisms of compensation for transformative uses that have been proposed in the specialised literature and implemented in different parts of the world, highlighting the need to adapt them to the regional context and to promote legislative and public policy initiatives to encourage transformative uses with a focus on flexibility, balance and efficiency in the intellectual property system.

SIPLA participants

- Reto Hilty

- Pedro Batista

- Nicolás Hermida

- Juan Correa

- Maria Alejandra Echavarría

External participants

- Allan Rocha de Souza, Brasil (Universidade Federal do Rio de Janeiro)

- Carlos Andrés Londoño, Colombia (Clúster de Industrias Creativas)

- Diego Felipe Cifuentes, Colombia (Clúster de Industrias Creativas)

- Isabella Dávila, Colombia (Universidad Pontificia Bolivariana)

- José Santiago Rendón, Colombia (Universidad CES)

- Juan Carlos Monroy, Colombia (Universidad Externado de Colombia)

- Laura Orozco, Colombia (Universidad Pontificia Bolivariana)

- María L. Vázquez, Argentina (Universidad de San Andrés)

- Natalia Elena Zapata, Colombia (Universidad CES)

- Nicoll Gómez, Colombia (Universidad Pontificia Bolivariana)

- Santiago Gómez, Colombia (Institución Universitaria ITM)

- Vivian Alvarado, Colombia (Sociedad de Gestión Colectiva EGEDA)