La remuneración equitativa en la cesión de derechos de autor.

Abstract

This research project focused on the legal vacuum present in Ecuador's Código de Ingenios, particularly in Article 167, which addresses the remuneration of authors and performing or executing artists. The purpose of this study is to propose legal reforms that offer fair remuneration to creators and artists, especially in a context of rapid technological change and contractual power imbalance. The documentary research focused on the analysis of how the lack of clarity in the current legal framework affects authors and artists, who often find themselves in an unfavorable contractual position and face a lack of transparency in information related to the exploitation of their works. In this context, the project examines the need for legislation that balances the interests of authors and artists with those of society and exploiting companies, giving special importance to the social function of intellectual property. The reform of Article 167 is proposed to address specific situations where remuneration can be agreed upon in a fixed manner, thus ensuring a more transparent and fair system.