On November 29, 2016, the plenary session of the Ecuadorian National Assembly confirmed President Rafael Correa's veto exempting management entities representing authors both from Ecuador and around the globe from requesting prior authorization when music is used in public shows. Furthermore, this decision does not ensure that the companies in charge of producing events inform the artists of all the musical themes interpreted. Therefore, the right to receive a fair remuneration for the creative work performed it is not guaranteed.
The decision was received negatively by the authors and composers as well as the management entities that represent them. The authors and composers feel unprotected since there is no guarantee that the organizers will pay for the license, as has already happened in some cases. Likewise, Troi Alvarado, president of the country's Copyright Society (Sayce), who agrees with the fears expressed by the authors and composers, explains that "This new regulation favors the interests of entertainment entrepreneurs, who although they must present the license, they will not do it prior to the event.".
Consequently, Alvarado argues the necessity to obtain the 'prior authorization' as it is a fundamental requirement that the artist should have the right to allow or reject usage in any circumstance. Having such decision, that takes away the author's decision rights to prevent that the use of such works in any public performance is illegal.Finally, it is important to remark that this matter transcends the Ecuadorian borders. This decision will not only affect musicians residing in Ecuador, but also all those whose music is performed in Ecuador.
Unfortunately, there is neither information about why the president made this decision nor why the assembly confirmed it. Please follow our blog to receive updates on this development.
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