Excepciones y limitaciones al derecho de autor como mecanismo de acceso legal a las obras.

Abstract

Copyright law grants the owners of works exclusive prerogatives to authorize or prohibit their use or exploitation by third parties. However, this right is not absolute, and like every rule, it has its exception. The Exceptions and Limitations (E&L) to copyright have been considered from the origins of international regulatory advances in the matter, as necessary to promote legal access to works in special cases, with a view to the development of other fundamental rights. Based on this premise, the different local copyright laws of various countries, given the irrefutable need to promote other rights, have contemplated and implemented an increase in the cases or hypotheses in which the introduction of Exceptions and Limitations becomes necessary. To Copyright. This exercise was evidenced in the regulatory evolution that Ecuadorian legislation suffered from its first Intellectual Property Law (LPI) issued in 1998, until the issuance of the new law on the subject in 2016, known as the "Organic Code of the Social Economy of Knowledge, Creativity and Innovation” (COESCCI). This paper analyzes this evolution, the existing Exceptions and Limitations, particularly those related to Education, Research, Libraries, Archives, and those for the benefit of people with disabilities; if they are sufficient and are well established under the protection of the discussions of international law and comparative legislation; and, the need to promote the international treaties that contemplate them, in order to have binding instruments that promote them, make them fully effective and harmonize the system of exceptions and limitations at a global level, to achieve the perfect balance between the public interest and the legitimate interests of the owners. The methodology applied in this work was quantitative, non-experimental category, with a descriptive design. As a result, it has been verified that the E&L incorporated in our legislation are well structured and respond to international standards in their formulation, structure and scope, fully serving the development of other fundamental rights.