Colombia: Andean Community Court of Justice issues opinion on the right to cite information gathered online and on copyright assignment of works made for hire or developed under labor contract

OlarteMoure - Derecho a la cita - Colombia

On 19 March 2019, the Court of Justice of the Andean Community issued a Prejudicial Interpretation on INDECOPI (Plaintiff) versus Mori Paredes (Defendant), regarding alleged copyright infringement of several academic papers by Mori Paredes. In this opinion, the Court established, with regard to the right of citing, that when using information that has been found online, academic researchers must: i) verify that the work they are using was legally published; ii) use only the portion that is strictly necessary; iii) inquire on the author’s identity; and, iv) correctly cite the work indicating source and author.

On the other hand, the Court concluded with regard to works made for hire or produced under a labor relationship, that they require double authorization (i.e., both the original copyright owner and the derivative copyright owner must allow its use.) It also pointed out that it is mandatory to evaluate the level of subordination of the employee on the creation of the work, because if he/she has made an accessory contribution, the employee will not be entitled to the acknowledgement of moral rights. Finally, the Court clarified that copyright assignment in the case of works made for hire or under a labor relationship will not be understood as comprising moral rights, even when national legislation establishes the presumption of the copyright assignment.