Licitud del acceso de las Obras Huérfanas en el Ecuador.

Abstract

The purpose of this investigative study is to analyze the scope of copyright specifically regarding the legality of using orphan works in the Ecuadorian legal system. Given the need to address less common areas of protection within intellectual property, this work focuses on the recognition and expansion of these rights to effectively and legitimize their use in Ecuador. To this end, a normative and research study will be conducted on the regulation of orphan works with a special focus on our country, consulting works and authors that enhance understanding of the subject and help improve legislative deficiencies at the national level. In addition to developing essential theoretical foundations related to orphan works such as concepts, definitions, limitations and exceptions, peculiarities, and rights related to rights holders. Furthermore, in order to have a broader legislative scope, this work compares national legislation with foreign regulations from countries in the region such as Colombia, Chile, and, as well as European Union countries such as France and Spain. Based on the observations and analysis carried out, shortcomings or gaps regarding orphan works in the country are identified, and recommendations are made to address them.